May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5389

the Committee on Economic and Educational Opportunities; the Committee

on Government Reform and Oversight;

the Committee on House Oversight; the

Committee on the Judiciary; the Committee on National Security; the Committee on Resources; the Committee on

Small Business; and the Permanent Select Committee on Intelligence.

Mr. Speaker, it is my understanding

that the minority has been consulted

and that there is no objection to these

requests.

The SPEAKER pro tempore (Mr.

GILLMOR). Is there objection to the request of the gentleman from Florida?

Mr. VOLKMER. Reserving the right

to object, Mr. Speaker, I thank the majority for consulting with the minority

on this request, and the minority

agrees with the request.

Mr. Speaker, I withdraw my reservation of objection.

The SPEAKER pro tempore. Is there

objection to the request of the gentleman from Florida?

AMERICAN OVERSEAS INTERESTS

There was no objection.

fACT OF 1995

Mr. GOSS. Mr. Speaker, by direction

of the Committee on Rules, I call up

House Resolution 155 and ask for its

immediate consideration.

The Clerk read the resolution, as follows:

H. RES. 155

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare the

House resolved into the Committee of the

Whole House on the State of the Union for

consideration of the bill (H.R. 1561) to consolidate the foreign affairs agencies of the

United States; to authorize appropriations

for the Department of State and related

agencies for fiscal years 1996 and 1997; to responsibly reduce the authorizations of appropriations for United States foreign assistance programs for fiscal years 1996 and 1997,

and for other purposes. The first reading of

the bill shall be dispensed with. Points of

order against consideration of the bill for

failure to comply with clause 2(l)(6) of rule

XI or section 302(f), 303(a), 308(a), or 402(a) of

the Congressional Budget Act of 1974 are

waived. General debate shall be confined to

the bill and shall not exceed two hours

equally divided and controlled by the chairman and ranking minority member of the

Committee on International Relations. After

general debate the bill shall be considered

for amendment under the five-minute rule

for an initial period of ten hours. After such

initial period, amendments shall be debatable only as provided in clause 6 of rule

XXIII or in section 2 of this resolution. Consideration for amendment may not continue

beyond 2:30 p.m. on Thursday, May 25, 1995.

It shall be in order to consider as an original

bill for the purpose of amendment under the

five-minute rule the amendment in the nature of a substitute recommended by the

Committee on International Relations now

printed in the bill modified by deleting section 2210. The committee amendment in the

nature of a substitute as modified shall be

considered as read. Points of order against

the committee amendment in the nature of a

substitute as modified for failure to comply

with clause 5(a) of rule XXI or section 302(f),

303(a), or 402(a) of the Congressional Budget

Act of 1974 are waived. Other than pro forma

amendments for the purpose of debate and

amendments en bloc described in section 2 of

this resolution, no amendment to the committee amendment in the nature of a substitute as modified shall be in order unless

printed in the portion of the Congressional

Record designated for that purpose in clause

6 of rule XXIII. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the

House with such amendments as may have

been adopted. Any Member may demand a

separate vote in the House on any amendment adopted in the Committee of the Whole

to the bill or to the committee amendment

in the nature of a substitute as modified.

The previous question shall be considered as

ordered on the bill and amendments thereto

to final passage without intervening motion

except one motion to recommit with or without instructions.

SEC. 2. It shall be in order at any time for

the chairman of the Committee on International Relations or a designee to offer

amendments en bloc consisting of amendments printed in the portion of the Congressional Record designated for that purpose in

clause 6 of rule XXIII or germane modifications of any such amendment. Amendments

en bloc offered pursuant to this section shall

be considered as read (except that modifications shall be reported), shall not be subject

to amendment or to a division of the question in the House or in the Committee of the

Whole and shall be debatable for ten minutes

equally divided and controlled by the chairman and ranking minority member of the

Committee on International Relations or

their designees. For the purpose of inclusion

in such amendments en bloc, an amendment

printed in the form of a motion to strike

may be modified to the form of a germane

perfecting amendment to the text originally

proposed to be stricken. The original proponent of an amendment included in such

amendments en bloc may insert a statement

in the Congressional Record immediately before the disposition of the amendments en

bloc.

The SPEAKER pro tempore. The gentleman from Florida [Mr. GOSS] is recognized for 1 hour.

Mr. GOSS. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman

from Ohio [Mr. HALL], pending which I

yield myself such time as I may

consume. During consideration of this

resolution, all time yielded is for the

purpose of debate only.

(Mr. GOSS asked and was given permission to revise and extend his remarks and include extraneous material.)

Mr. GOSS. Mr. Speaker, I am pleased

to bring to the House this rule for the

consideration of H.R. 1561, the American Overseas Interests Act of 1995. Although this rule is somewhat complicated, it is a modified open rule that

provides Members the widest possible

latitude in directing the debate and offering amendments, while bringing

consideration of this bill to closure at

the end of this legislative week.

First, the nuts and bolts: This rule

provides for 2 hours of general debate

equally divided between the chairman

and ranking member of the Committee

on International Relations and makes

in order the committee amendment in

the nature of a substitute as an original bill for the purpose of amendment.

The rule provides that the committee

amendment shall be considered as read

and it allows for an open amendment

process to last 10 hours, including voting time.

Because of the complexity of the subject, the rule requires that amendments be preprinted in the CONGRESSIONAL RECORD, so that the Committee

on International Relations, and all

Members of the House, may have sufficient time to review them. To facilitate maximum efficiency in the use of

the amendment time, the rule allows

the chairman of the International Relations Committee, or his designee, to

offer amendments en bloc consisting of

preprinted amendments and subject to

10 minutes of debate equally divided

and controlled. Once the 10-hour period

has concluded, additional amendments

that have been preprinted may be considered with 10 minutes of debate time,

equally divided, until 2:30 on Thursday

afternoon. At that time certain, the

amendment process will be concluded

and the committee shall rise and report the bill to the House with such

amendments as have been adopted.

The previous question shall be considered as ordered on the bill and

amendments thereto to final passage.

The rule does allow for one motion to

recommit with or without instructions.

Because of the reach and complexity of

this bill, the rule includes a series of

important waivers that Members

should be aware of.

First, the rule waives the 3-day availability requirement for committee reports. The committee did file its report

on Friday evening, which makes today

the second legislative day that it was

available. Although we generally do

not like to provide this waiver, the

Rules Committee felt that, given the

rush of legislative business expected

after the Memorial Day recess, it is

necessary to conclude consideration of

H.R. 1561 this week. Because we wanted

to allow as much amendment time as

possible within that constraint, this

wavier is needed so we can get started

today.

The rule also waives clause 5(a) of

rule XXI, prohibiting appropriations on

a legislative bill—a waiver that applies

to technical language in 15 sections of

this bill. The International Relations

Committee has provided a list of the

specific sections affected by this waiver, most of which deal with the transfer and reallocation of funds.

Finally, the rule provides several

Budget Act waivers, all of which have

been cleared by the Budget Committee.

These waivers apply to sections 302(f),

303(a), 308(a), and 402(a) of the Budget

Act.

Respectively, these waivers pertain

to consideration of legislation providing new entitlement authority in excess of a committee’s allocation, consideration of budgetary legislation

prior to adoption of the budget resolution, the requirement of a CBO cost estimate in the committee report on legislation containing new entitlement
H 5390 CONGRESSIONAL RECORD — HOUSE May 23, 1995

spending or budget authority, and inclusion of credit authority not subject

to appropriations in advance.

I should note for Members’ comfort

level that the Budget Committee has

scrutinized these waiver requests carefully to ensure that we do not end up

creating a serious budget problem—in

fact, one waiver requested by the International Relations Committee dealing

with a lease-purchase agreement did

raise red flags at the Budget Committee, and as a result this rule removes

the offending section from the committee amendment.

I wish to commend Chairman GILMAN

and his staff for meeting the Rules

Committee’s request for detailed and

specific waiver descriptions. The result

may be a more complicated rule, but it

should provide Members with a much

higher level of comfort than the blanket waivers of years passed.

All in all, Mr. Speaker, this is a very

fair rule, in keeping with the tradition

of this House when this type of important foreign policy legislation has been

considered. I would like to address the

concerns raised by my friend, the gentleman from Indiana [Mr. HAMILTON],

the ranking member of the International Relations Committee, who

suggested that allowing an open

amendment process might lead to a

free-for-all and might end up shutting

out important debate on certain issues

if the time runs out. Instead, Mr. HAMILTON suggested that it would be better

for the 13 members of the Rules Committee to pick the big issues and structure the debate.

Having lived through three previous

Congresses as part of the minority—

when the Rules Committee routinely

made such executive decisions about

which amendments would be considered and which would not—I have to

disagree with my friend. I believe all

435 Members of this House were sent

here to have a voice on important legislation and is should be up to the will

of the House, with strong guidance by

the floor managers and party leaders,

to determine the path of the debate,

within a reasonable allotment of time.

Mr. Speaker, before I conclude, I must

commend Chairman GILMAN and Ranking Member HAMILTON for their work in

bringing forward this bill, which seeks

to bring our Nation’s foreign policy establishment into the 21st century.

By streamlining the Department of

State, eliminating three agencies and

re-defining our foreign aid priorities to

meet the enormous budget constraints

we face, H.R. 1561 shakes up the status

quo and responds to the will of the

American people.

I have long been frustrated that this

Congress has failed to reauthorize our

foreign aid policies since 1985—a failure

that has meant piecemeal tinkering

with our foreign policy priorities without the comprehensive restructuring

that the changing times demand.

The American people must understand that this bill reflects a significant cut in foreign aid designed to put

our foreign policy programs into full

compliance with the balanced budget

resolution the House passed just last

week. With entire authorization for

foreign aid totaling just over 1 percent

of the total budget, the funding levels

in this bill are nearly 10 percent below

the President’s request, and more than

5 percent below the current year’s

budget. I know foreign aid is not popular—and for the past 4 years I have

voted against foreign aid appropriations, primarily because every year we

kept spending money without completing the work of redirecting our priorities and fundamentally restructuring

our policies. That is what H.R. 1561

does.

I look forward to a vibrant debate—

and some important amendments on

this landmark legislation. I urge support for this rule.

THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS

[As of May 22, 1995]

Rule type

103d Congress 104th Congress

Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ......................................................................................................................................................................................................................... 46 44 28 75 Modified Closed 3 ................................................................................................................................................................................................................................ 49 47 9 25 Closed 4 ............................................................................................................................................................................................................................................... 9 9 0 0

Totals: ................................................................................................................................................................................................................................... 104 100 37 100

1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of

order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only

to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude

amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS

[As of May 22, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ....................................... O ...................................... H.R. 5 ............................... Unfunded Mandate Reform ................................................................................................ A: 350–71 (1/19/95).

H. Res. 44 (1/24/95) ....................................... MC .................................... H. Con. Res. 17 ............... H.J. Res. 1.Social Security .................................................................................................................... Balanced Budget Amdt.A: 255–172 (1/25/95).

H. Res. 51 (1/31/95) ....................................... O ...................................... H.R. 101 ........................... Land Transfer, Taos Pueblo Indians .................................................................................. A: voice vote (2/1/95).

H. Res. 52 (1/31/95) ....................................... O ...................................... H.R. 400 ........................... Land Exchange, Arctic Nat’l. Park and Preserve ............................................................... A: voice vote (2/1/95).

H. Res. 53 (1/31/95) ....................................... O ...................................... H.R. 440 ........................... Land Conveyance, Butte County, Calif. ............................................................................. A: voice vote (2/1/95).

H. Res. 55 (2/1/95) ......................................... O ...................................... H.R. 2 ............................... Line Item Veto .................................................................................................................... A: voice vote (2/2/95).

H. Res. 60 (2/6/95) ......................................... O ...................................... H.R. 665 ........................... Victim Restitution ............................................................................................................... A: voice vote (2/7/95).

H. Res. 61 (2/6/95) ......................................... O ...................................... H.R. 666 ........................... Exclusionary Rule Reform ................................................................................................... A: voice vote (2/7/95).

H. Res. 63 (2/8/95) ......................................... MO .................................... H.R. 667 ........................... Violent Criminal Incarceration ........................................................................................... A: voice vote (2/9/95).

H. Res. 69 (2/9/95) ......................................... O ...................................... H.R. 668 ........................... Criminal Alien Deportation ................................................................................................. A: voice vote (2/10/95).

H. Res. 79 (2/10/95) ....................................... MO .................................... H.R. 728 ........................... Law Enforcement Block Grants .......................................................................................... A: voice vote (2/13/95).

H. Res. 83 (2/13/95) ....................................... MO .................................... H.R. 7 ............................... National Security Revitalization ......................................................................................... PQ: 229–100; A: 227–127 (2/15/95).

H. Res. 88 (2/16/95) ....................................... MC .................................... H.R. 831 ........................... Health Insurance Deductibility ........................................................................................... PQ: 230–191; A: 229–188 (2/21/95).

H. Res. 91 (2/21/95) ....................................... O ...................................... H.R. 830 ........................... Paperwork Reduction Act ................................................................................................... A: voice vote (2/22/95).

H. Res. 92 (2/21/95) ....................................... MC .................................... H.R. 889 ........................... Defense Supplemental ........................................................................................................ A: 282–144 (2/22/95).

H. Res. 93 (2/22/95) ....................................... MO .................................... H.R. 450 ........................... Regulatory Transition Act ................................................................................................... A: 252–175 (2/23/95).

H. Res. 96 (2/24/95) ....................................... MO .................................... H.R. 1022 ......................... Risk Assessment ................................................................................................................ A: 253–165 (2/27/95).

H. Res. 100 (2/27/95) ..................................... O ...................................... H.R. 926 ........................... Regulatory Reform and Relief Act ..................................................................................... A: voice vote (2/28/95).

H. Res. 101 (2/28/95) ..................................... MO .................................... H.R. 925 ........................... Private Property Protection Act .......................................................................................... A: 271–151 (3/2/95)

H. Res. 104 (3/3/95) ....................................... MO .................................... H.R. 988 ........................... Attorney Accountability Act ................................................................................................ A: voice vote (3/6/95)

H. Res. 103 (3/3/95) ....................................... MO .................................... H.R. 1058 ......................... Securities Litigation Reform ............................................................................................... H. Res. 105 (3/6/95) ....................................... MO .................................... .......................................... ............................................................................................................................................. A: 257–155 (3/7/95)

H. Res. 108 (3/7/95) ....................................... Debate .............................. H.R. 956 ........................... Product Liability Reform ..................................................................................................... A: voice vote (3/8/95)

H. Res. 109 (3/8/95) ....................................... MC .................................... .......................................... ............................................................................................................................................. PQ: 234–191 A: 247–181 (3/9/95)

H. Res. 115 (3/14/95) ..................................... MO .................................... H.R. 1159 ......................... Making Emergency Supp. Approps. .................................................................................... A: 242–190 (3/15/95)

H. Res. 116 (3/15/95) ..................................... MC .................................... H.J. Res. 73 ..................... Term Limits Const. Amdmt.t .............................................................................................. A: voice vote (3/28/95)

H. Res. 117 (3/16/95) ..................................... Debate .............................. H.R. 4 ............................... Personal Responsibility Act of 1995 .................................................................................. A: voice vote (3/21/95)

H. Res. 119 (3/21/95) ..................................... MC .................................... .......................................... ............................................................................................................................................. A: 217–211 (3/22/95)

H. Res. 125 (4/3/95) ....................................... O ...................................... H.R. 1271 ......................... Family Privacy Protection Act ............................................................................................. A: 423–1 (4/4/95)

H. Res. 126 (4/3/95) ....................................... O ...................................... H.R. 660 ........................... Older Persons Housing Act ................................................................................................. A: voice vote (4/6/95)

H. Res. 128 (4/4/95) ....................................... MC .................................... H.R. 1215 ......................... Contract With America Tax Relief Act of 1995 ................................................................. A: 228–204 (4/5/95)

H. Res. 130 (4/5/95) ....................................... MC .................................... H.R. 483 ........................... Medicare Select Expansion ................................................................................................. A: 253–172 (4/6/95)

H. Res. 136 (5/1/95) ....................................... O ...................................... H.R. 655 ........................... Hydrogen Future Act of 1995 ............................................................................................. A: voice vote (5/2/95)

H. Res. 139 (5/3/95) ....................................... O ...................................... H.R. 1361 ......................... Coast Guard Auth. FY 1996 ............................................................................................... A: voice vote (5/9/95)

H. Res. 140 (5/9/95) ....................................... O ...................................... H.R. 961 ........................... Clean Water Amendments .................................................................................................. A: 414–4 (5/10/95)

H. Res. 144 (5/11/95) ..................................... O ...................................... H.R. 535 ........................... Fish Hatchery—Arkansas ................................................................................................... A: voice vote (5/15/95)
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5391

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued

[As of May 22, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 145 (5/11/95) ..................................... O ...................................... H.R. 584 ........................... Fish Hatchery—Iowa .......................................................................................................... A: voice vote (5/15/95)

H. Res. 146 (5/11/95) ..................................... O ...................................... H.R. 614 ........................... Fish Hatchery—Minnesota ................................................................................................. A: voice vote (5/15/95)

H. Res. 149 (5/16/95) ..................................... MC .................................... H. Con. Res. 67 ............... Budget Resolution FY 1996 ............................................................................................... PQ: 252–170 A: 255–168 (5/17/95)

H. Res. 155 (5/22/95) ..................................... MO .................................... H.R. 1561 ......................... American Overseas Interests Act .......................................................................................

Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of

my time.

Mr. HALL of Ohio. Mr. Speaker, I

yield myself such time as I may

consume.

(Mr. HALL of Ohio asked and was

given permission to revise and extend

his remarks, and include extraneous

material.)

Mr. HALL of Ohio. Mr. Speaker, I

rise in opposition to House Resolution

155, the rule limiting debate on the

American Overseas Interests Act of

1995. As my colleague on the other side

of the aisle well knows, this rule is a

restrictive rule which governs a complicated and controversial bill. The bill

before us today is a mixture of foreign

policy initiatives and reorganizations

that could change and weaken the conduct of U.S. foreign policy. In addition

to radically altering the way we conduct foreign policy, the bill is being

rushed through under a rule which allows only 10 hours for amendments and

shuts off all consideration after 2:30 on

Thursday.

Yesterday in the House Rules Committee, the ranking Democrat on the

Committee on International Relations,

Mr. HAMILTON, correctly pointed out

that it is not uncommon to see 100

amendments on a foreign aid bill.

Under this rule, we could be making

substantive foreign policy decisions

based on who is recognized before the

time runs out. I was also concerned to

hear that the minority only received

the final committee report at 2 yesterday. Waivers for violations of House

Rules and the Budget Act are needed in

21 areas. Mr. Speaker, this is no way to

legislate, and I think the American

people deserve more than this.

In addition to the obvious procedural

problems, this bill itself is seriously

flawed. The International Affairs budget represents only 1.3 percent of total

Federal spending. It has already been

cut by 40 percent since 1985. I am particularly troubled with the 34 percent

cut in development assistance. While

the bill earmarks $280 million for the

Child Survival Fund, the overall reduction squeezes necessary prevention efforts such as basic education,

microenterprise programs and self-help

initiatives that have been proven to

work. It makes no sense to have the

United States functioning as the

world’s ambulance when famine and

disaster occur in developing countries,

when we could have prevented them.

In addition to saving lives, development assistance enables many countries to become self-sufficient enough

to buy U.S. exports. Between 1990 and

1993, U.S. exports to the developing

countries grew by $46 billion, creating

920,000 new jobs in this country. It is in

our economic interests to continue

meeting our foreign assistance obligations.

As a former Peace Corps volunteer in

Thailand, I saw development assistance

creating markets for American goods.

The United States invested around a

billion dollars’ in development assistance in Thailand from 1953 to 1986. In

return, Thailand bought nearly 8 billion dollars’ worth of American products in just the past 2 years.

Another major problem with this legislation is its far-reaching scope which

is not based on sound research. For example, this bill includes the elimination of three agencies: AID, the

Arms Control and Disarmament Agency, and USIA. Yet no sound evidence

exists to show this will save the taxpayers any money. The American people do not want us to be ramming bills

through for the sake of reorganization

without any kind of cost analysis.

Mr. Speaker, this bill has many,

many other flaws. It essentially weakens the United States’ leadership role

in the world. Secretary of State Warren Christopher has written to the

Speaker and indicated he will recommend a veto.

Mr. Speaker, I include at this point

in the RECORD the letter from Secretary Christopher:

THE SECRETARY OF STATE,

Washington, DC, May 22, 1995.

Hon. NEWT GINGRICH,

Speaker of the House of Representatives.

DEAR MR. SPEAKER: This week, the House

of Representatives will consider legislation

that could undermine this and every future

President’s ability to safeguard America’s

leadership in the world. The ‘‘American

Overseas Interests Act,’’ H.R. 1561, is deeply

flawed. If this bill were presented to the

President, I would have no choice but to recommend that the President veto it.

H.R. 1561 wages an extraordinary assault

on this and every future President’s constitutional authority to manage foreign policy. It contains numerous restraints and restrictions that would do immense harm to

our nation’s foreign policy. It drastically reduces our resources. And it mandates a costly and disruptive reorganization of the Executive Branch that will damage our ability to

promote American interests worldwide.

On the most fundamental constitutional

grounds, I am deeply opposed to the elaborate and unnecessary restraints that H.R.

1561 would impose. If enacted, they would

compromise our ability to follow through on

the North Korea Framework Agreement.

They would undermine our effective participation and weaken our leverage in international organizations. They would compel

changes in our refugee policy that could pose

a serious threat to our borders, limiting the

President’s ability to respond to boat migration and possibly exacerbating the illegal

smuggling of aliens into the United States.

The bill would seriously impair the President’s responsibility to manage our delicate

relations with China at a time of its transition in leadership. Numerous conditions on

our assistance to Russia and the other New

Independent States could derail our steady

support for democratic and market reform in

a region that remains the site of tens of

thousands of nuclear weapons. Other provisions of the bill would seriously disrupt our

ability to move decisively when warranted

by rapidly changing circumstances as well as

our relations with a variety of countries.

These far-reaching restrictions, combined

with the sharp reductions in resources for

the International Affairs budget, would cripple our ability to respond to the complex opportunities and challenges of the post-Cold

War world. At a time when American

strength, vision, and leadership are essential, this legislation would force our unilateral retreat.

As you know, the International Affairs

budget represents only 1.3% of total federal

spending. It has absorbed substantial real

cuts in recent years. The resources we are requesting, in my judgment, are the rock bottom minimum we need to advance our nation’s vital interests.

The International Affairs budget has always been a prudent investment that produces clear benefits for the American people.

It protects American lives by combating the

spread of nuclear weapons, the scourge of

drugs, and the threat of international terrorism. It has helped lead to the detargeting

and dismantlement of missiles in the former

Soviet Union and facilitated the departure of

Russian troops from the Baltics. It has advanced peace in the Middle East. It has

helped to end the violence in Northern Ireland and to assist the transition to democracy in South Africa. It has promoted free

trade and U.S. exports, creating more than

one million high-paying American jobs in

the last two years alone. Whether in the case

of South Korea or South America, our foreign assistance over the years has ultimately

put more dollars in the pockets of the American taxpayer than it has ever taken out.

Moreover, the preventive diplomacy that

the International Affairs budget funds is our

first and least costly line of defense. Compare the cost of diplomatic action to stem

proliferation to the price we would pay if

rogue states obtained nuclear weapons. Compare the cost of promoting development to

the price of coping with famine and refugees.

If we gut our diplomatic readiness today, we

will face much greater costs and crises down

the line. H.R. 1561’s cuts in Function 150 resource levels are flatly irresponsible.

H.R. 1561’s elimination of ACDA, USIA, and

AID, as well as cuts in the State Department’s operating expenses, threatens our

ability to achieve our foreign policy goals

through effective international affairs agencies. The State Department, ACDA, AID, and

USIA are all proceeding vigorously with

their own streamlining efforts. Each is actively cutting costs, realigning resources to

better match policy priorities, and updating

communications and information technologies. Together, these measures are lowering costs and raising productivity in each

of the international affairs agencies.

H.R. 1561 would disrupt and deflect these

comprehensive efforts by abolishing ACDA,
H 5392 CONGRESSIONAL RECORD — HOUSE May 23, 1995

AID, and USIA in name only and reassigning

their functions to the State Department.

The turmoil and inevitable dislocation could

seriously undermine the conduct of U.S. foreign policy by hampering a flexible response

to continually evolving world crises and opportunities. Like the Army, Navy, Air Force,

and Marines, which operate under the overall

direction of the Secretary of Defense, AID,

ACDA, and USIA each has a distinct mission

that can be best performed under the overall

foreign policy guidance of the Secretary of

State.

As the sole remaining superpower, we have

an unprecedented opportunity to shape the

world we seek—a world of open societies and

open markets. Our nation’s foreign policy

cannot be supported on the cheap; we cannot

protect our interests as the world’s most

powerful nation if we undermine the role of

the President or if we do not marshal the resources to stand by our commitments. We

cannot lead if we do not have the tools of

leadership at our disposal. This is equally

true whichever party is in power at any

given moment.

Last November’s elections may have

changed the balance of power between the

parties. But they did not change—indeed,

they enhanced—our responsibility to cooperate on a bipartisan basis in foreign affairs.

The election was not a license to lose sight

of our nation’s global interests or to launch

an assault on the President’s constitutional

responsibility to conduct foreign policy. I regret to conclude that this legislation would

have us do both.

Sincerely,

WARREN CHRISTOPHER.

Mr. Speaker, according to Secretary

Christopher, the bill includes unnecessary restraints that would compromise

our ability to follow through on the

North Korea Framework Agreement, as

well as weaken our leverage in international organizations. Numerous conditions on assistance to Russia and

independent states could undermine

our support for democratic and market

reforms in a region that remains the

site of tens of thousands of nuclear

weapons.

In essence, Mr. Speaker, this bill

forces our retreat into isolationism at

a time when the United States should

be leading the world. This bill ties the

hands of the executive branch and

weakens the United States ability to

promote open societies and open markets. The bill, and the rule which governs it, should be voted down.

I urge my colleagues to join me in

voting ‘‘no’’ on this restrictive rule.

FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Bill No. Title Resolution No. Process used for floor consideration Amendments

in order

H.R. 1* .................... Compliance .................................................................................................. H. Res. 6 Closed .................................................................................................................................................. None. H. Res. 6 ................. Opening Day Rules Package ....................................................................... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ................................................... None. H.R. 5* .................... Unfunded Mandates .................................................................................... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to limit

debate on section 4; Pre-printing gets preference.

N/A.

H.J. Res. 2* ............. Balanced Budget ......................................................................................... H. Res. 44 Restrictive; only certain substitutes ................................................................................................... 2R; 4D. H. Res. 43 ............... Committee Hearings Scheduling ................................................................. H. Res. 43 (OJ) Restrictive; considered in House no amendments ............................................................................. N/A. H.R. 2* .................... Line Item Veto ............................................................................................. H. Res. 55 Open; Pre-printing gets preference .................................................................................................... N/A. H.R. 665* ................ Victim Restitution Act of 1995 ................................................................... H. Res. 61 Open; Pre-printing gets preference .................................................................................................... N/A. H.R. 666* ................ Exclusionary Rule Reform Act of 1995 ....................................................... H. Res. 60 Open; Pre-printing gets preference .................................................................................................... N/A. H.R. 667* ................ Violent Criminal Incarceration Act of 1995 ................................................ H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ................................................................................... N/A. H.R. 668* ................ The Criminal Alien Deportation Improvement Act ...................................... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ............................................ N/A. H.R. 728* ................ Local Government Law Enforcement Block Grants ..................................... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ................................... N/A. H.R. 7* .................... National Security Revitalization Act ............................................................ H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ................................... N/A. H.R. 729* ................ Death Penalty/Habeas ................................................................................. N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...................................... N/A. S. 2 ......................... Senate Compliance ...................................................................................... N/A Closed; Put on suspension calendar over Democratic objection ....................................................... None. H.R. 831 .................. To Permanently Extend the Health Insurance Deduction for the Self-Employed.

H. Res. 88 Restrictive; makes in order only the Gibbons amendment; waives all points of order; Contains

self-executing provision.

1D.

H.R. 830* ................ The Paperwork Reduction Act ...................................................................... H. Res. 91 Open .................................................................................................................................................... N/A. H.R. 889 .................. Emergency Supplemental/Rescinding Certain Budget Authority ................ H. Res. 92 Restrictive; makes in order only the Obey substitute ........................................................................ 1D. H.R. 450* ................ Regulatory Moratorium ................................................................................ H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ................................... N/A. H.R. 1022* .............. Risk Assessment .......................................................................................... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ................................................................................... N/A. H.R. 926* ................ Regulatory Flexibility .................................................................................... H. Res. 100 Open .................................................................................................................................................... N/A. H.R. 925* ................ Private Property Protection Act .................................................................... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amendments

in the Record prior to the bill’s consideration for amendment, waives germaneness and

budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text.

1D.

H.R. 1058* .............. Securities Litigation Reform Act ................................................................. H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the

Wyden amendment and waives germaness against it.

1D.

H.R. 988* ................ The Attorney Accountability Act of 1995 ..................................................... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...................................... N/A.

H.R. 956* ................ Product Liability and Legal Reform Act ...................................................... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amendments

from being considered.

8D; 7R.

H.R. 1158 ................ Making Emergency Supplemental Appropriations and Rescissions ........... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion provision; makes in order only pre-printed amendments that include offsets within the same

chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the

substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap

on amendments. 30 minutes debate on each amendment.

N/A.

H.J. Res. 73* ........... Term Limits .................................................................................................. H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ procedure and denies 21 germane amendments from being considered.1D; 3R

H.R. 4* .................... Welfare Reform ............................................................................................ H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130

germane amendments from being considered; The substitutes are to be considered under a

‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments..

5D; 26R

H.R. 1271* .............. Family Privacy Act ....................................................................................... H. Res. 125 Open .................................................................................................................................................... N/A

H.R. 660* ................ Housing for Older Persons Act .................................................................... H. Res. 126 Open .................................................................................................................................................... N/A

H.R. 1215* .............. The Contract With America Tax Relief Act of 1995 ................................... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all

points of order against the bill, substitute made in order as original text and Gephardt substitute..

1D

H.R. 483 .................. Medicare Select Extension ........................................................................... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as original

text; makes in order only the Dingell substitute; allows Commerce Committee to file a report

on the bill at any time..

1D

H.R. 655 .................. Hydrogen Future Act .................................................................................... H. Res 136 Open .................................................................................................................................................... N/A.

H.R. 1361 ................ Coast Guard Authorization .......................................................................... H. Res 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s

consideration and the committee substitute; waives c1 5(a) of rule XXI against the committee substitute.

N/A.

H.R. 961 .................. Clean Water Act ........................................................................................... H. Res 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act against

the bill’s consideration; waives c1 7 of rule XVI, c1 5(a) of rule XXI and section 302(f) of the

Budget Act against the committee substitute. Makes in order Shuster substitute as first order

of business.

N/A.

H.R. 535 .................. Corning National Fish Hatchery Conveyance Act ........................................ H. Res. 144 Open .................................................................................................................................................... N/A. H.R. 584 .................. Conveyance of the Fairport National Fish Hatchery of the State of Iowa . H. Res. 145 Open .................................................................................................................................................... N/A. H.R. 614 .................. Conveyance of the New London National Fish Hatchery Production Facility.

H. Res. 146 Open .................................................................................................................................................... N/A.0

H. Con. Res. 67 ...... Budget Resolution ....................................................................................... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon,

Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order

against substitutes and concurrent resolution; suspends application of Rule XLIX with respect

to the resolution; self-executes Agriculture language..

3D;1R

H.R. 1561 ................ American Overseas Interests Act of 1995 .................................................. H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; 10 hr.

time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections

302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the committee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment

consideration is closed at 2:30 p.m. on May 25, 1995. Self-executes provision which removes

section 2210 from the bill. This was done at the request of the Budget Committee..

N/A

* Contract Bills, 67% restrictive; 33% open. ** All legislation, 65% restrictive; 35% open.   Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified

closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from

the Rules Committee in the 103rd Congress. ** ** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5393

b 1300

Mr. Speaker, I reserve the balance of

my time.

Mr. GOSS. Mr. Speaker, I yield 3

minutes to the gentleman from New

York [Mr. GILMAN], chairman of the

committee, who will, I believe, explain

this bill more fully.

Mr. GILMAN. Mr. Speaker, I rise to

support House Resolution 155, the rule

under which it is proposed that the

House consider H.R. 1561, the American

Overseas Interests Act.

The Rules Committee, under the able

chairmanship of the gentleman from

New York [Mr. SOLOMON], has proposed

a rule that provides an excellent

framework for the House to consider

and debate this very important bill.

I would like to thank my good friend,

the distinguished chairman of the

Rules Committee, the gentleman from

New York, for his expeditious action in

scheduling the Rules Committee for an

early hearing to consider our request

for a rule.

The proposed rule requires pre-printing of amendments in the RECORD and

provides adequate time for full debate.

I would urge my colleagues to bear in

mind—however—that the leadership

has set a requirement that all debate

on H.R. 1561 end by 2:30 p.m. on Thursday, May 25.

H.R. 1561 is a complex bill, addressing

the very fabric of our foreign affairs

operations and foreign assistance programs, and many Members have indicated a desire to be hard on it.

This rule provides for an orderly

process to enable those Members who

wish to offer amendments to do so,

while also ensuring that the House will

be able to work its will on this measure

in a timely fashion.

Mr. Speaker, H.R. 1561 is the first

major challenge to the foreign policy

status quo since the cold war began

nearly 50 years ago—providing for the

first major reorganization and consolidation of our foreign affairs apparatus

in that period.

It also reauthorizes the foreign assistance programs of the United States

while reducing funding by nearly $1 billion below current levels in the first

year so as to bring them into line with

our overall budgetary needs, while

redirecting and targeting our resources

on high priority programs.

H.R. 1561 embodies three priorities to

ensure that our Nation can meet the

challenges and take advantage of the

opportunities that await us in the postcold-war world.

It defends our national security, supports our trade and economic interests

and provides for those who have been

hit by disaster and cannot provide for

themselves—while cutting duplication

and waste in dozens of programs.

Mr. Speaker, House Resolution 155 is

a good rule under which to consider a

most important bill, and I urge its

adoption.

Mr. HALL of Ohio. Mr. Speaker, I

yield 2 minutes to the gentleman from

Minnesota [Mr. SABO], the ranking minority member on the Committee on

the Budget.

Mr. SABO. Mr. Speaker, I thank my

colleague for yielding me this time.

Here we go again. Once more we have

a major piece of legislation before us,

and the Republican majority has structured a rule to get around all kinds of

serious Budget Act violations.

The rule waives four separate sections of the Congressional Budget Act:

The section prohibiting spending in excess of the committee’s allocation, the

section prohibiting consideration of direct spending bills before the budget

resolution is in place, the section requiring lending programs be made subject to appropriations, and the section

requiring new spending authority to be

disclosed in the committee report.

These Budget Act violations are not

minor. According to CBO, the bill increases direct spending by at least $200

million in budget authority over 5

years. Let me be clear, these are new

spending, of direct spending authority,

not changes in authorization.

The reason we have a Budget Act is

to help us think through the budget effects of legislation before we pass it.

We should not be waiving the budget

rules so cavalierly on such an important bill.

Mr. GOSS. Mr. Speaker, I yield 2

minutes to the gentleman from Wisconsin [Mr. ROTH], a distinguished

member of the Committee on International Relations.

Mr. ROTH. Mr. Speaker, I thank the

gentleman for yielding me this time.

This is the second step that we Republicans are taking to bring American

foreign policy into line with the wishes

of the American people. The first step

was when we passed the National Security Revitalization Act, which was

passed by the House in February, a

part of the historic Contract With

America.

This bill will be debated under an

open rule allowing for any amendment

to be offered. We have set aside nearly

3 days for consideration of this bill.

The rule provides for a full debate.

This is in keeping with the principle of

open debate which we have restored to

this House, overturning years of gag

rules imposed by the previous management.

We are confident that this legislation

is what the American people want.

Last November, our people spoke loud

and clear. They want basic changes in

our Government.

The bill today makes some of the

basic changes. It abolishes three foreign policy agencies which are left over

from the cold war and which have outlived their usefulness. This bill does

not go far enough in cutting the State

Department, which is costing $2.5 billion a year to run, but at least it is a

step in the right direction.

In today’s world, with instant communications, we do not need 266 foreign

missions, 266 foreign missions, which is

what the State Department is currently running, and most important,

this bill cuts some foreign aid.

There is one message that the average American wanted to send to Congress last November. It was: It is time

to take care of our own people and our

own problems first, for a change.

Last week this House adopted a balanced budget which will balance our

budget by cutting spending, and, for

the first time, we are starting to cut, I

think, spending in foreign aid.

Somehow, the Clinton administration has not gotten the word, however,

from the American people. Yesterday

the Secretary of State sent us this letter, a 3-page letter, speaking out

against this bill. The Secretary does

not want any cuts in foreign aid, but he

wants increases. The Secretary does

not want any cuts in the State Department bureaucracy. He wants more bureaucrats spending more money overseas. The Secretary does not want the

Congress involved in foreign policy.

Well, the Secretary of State is an

honorable and decent man, but the Secretary of State is totally out of touch

with the reality and with the American

people. His views are out of date with

the realities of today’s world, and his

policies are out of sync with even our

closest allies around the globe.

The bottom line is the Clinton administration wants business as usual in

foreign aid and in foreign policy, and

we Republicans want change. This is

what this legislation is all about, really. We Americans have listened to the

American people; we Republicans also

have listened to the American people.

The Clinton administration is still

mired in the past, trying to keep the

bureaucracy and its foreign aid programs on a lifeline support system.

I ask my colleagues to support this

open rule so that we can have an open

and free debate about the needs and

about the changes in our foreign policy.

Mr. HALL of Ohio. Mr. Speaker, I

yield 2 minutes to the gentleman from

Missouri [Mr. VOLKMER].

(Mr. VOLKMER asked and was given

permission to revise and extend his remarks.)

Mr. VOLKMER. Mr. Speaker, I thank

the gentleman for yielding me this

time.

I would just like to speak strongly in

opposition to this rule for the simple

reason that it is not an open or modified open rule, as described by the gentleman from Florida. It is actually a

modified closed rule. Let us call it

what it is.

We will find out, come 2:30, Thursday, how many amendments are still

pending when the time comes. If we are

all done, I will take my words back.

But if there are amendments still pending, you know, people were here who

wanted to offer their amendments,

then they get 5 minutes on each side,

then vote on it. That is not the way we

do business in America’s House of Representatives.

The other thing, as alluded to by the

gentleman from Minnesota, they

waived budget requirements, one of
H 5394 CONGRESSIONAL RECORD — HOUSE May 23, 1995

which even put in the rules themselves.

So we cannot even follow our own rules

on the budget.

And the other, last thing I would like

to say is the gentleman from Wisconsin

just talked about how great a bill this

was. It cuts back on us being able to

continue democratization throughout

this world. We have more democracies

now than we ever had before. This bill

takes us back to isolationism, except

in one area, one big area. This bill will

fund more abortions in foreign lands

than we do right here in the United

States. That is what this bill does. For

some reason or other, this bill is great,

they say, to provide the killing of babies out there in other lands. We do not

even do it here in the United States.

I think that this rule should be defeated and we should go back and have

an open rule so we can address all of

the problems with this bill.

Mr. DIAZ-BALART. Mr. Speaker, I

want to thank my distinguished colleague, the gentleman from Florida,

for yielding me this time.

Chairman GILMAN has done an extraordinary job, along with the other

members of the Committee on International Relations, and they should all

be commended for this fine piece of legislation, as should Chairman SOLOMON

and my colleagues on the Committee

on Rules for bringing forth a fair rule,

Mr. Speaker, a fair rule.

It permits any amendment that any

Member may have to be brought to the

floor. We have 2 hours of general debate after this hour on the rule, and

then we have got another 10 hours for

debating this bill.

This is an important bill, Mr. Speaker. You know, when you project it over

the 7-year balanced budget glidepath,

this bill is expected to save $21 billion

of taxpayer money at the same time

that it lays forth the framework for

continued American leadership in the

world.

At this time, Mr. Speaker, when we

are commencing the critical fiscal battle to save America’s economic future

by balancing the budget, this bill will

prohibit foreign aid to countries that

engage in intelligence activities within

the United States, harmful to the national security of our country, that

provide lethal military equipment to a

country that has repeatedly provided

support for acts of international terrorism or countries that consistently

oppose the United States in the United

Nations. I think it is about time we

take these steps.

I want to commend Chairman GILMAN for including these important

matters in this critical legislation.

Mr. HALL of Ohio. Mr. Speaker, I

yield 4 minutes to the gentleman from

Indiana [Mr. HAMILTON], former chairman of the committee, now ranking

minority member.

Mr. HAMILTON. Mr. Speaker, I

thank the gentleman for yielding me

this time.

Mr. Speaker, I rise in opposition to

the rule. I, of course, will also oppose

the bill. I will say more about that in

the course of the debate on the bill itself.

But let me just make a few comments with respect to the rule. I think

all of us in this Chamber would agree

that good procedure can enhance the

legislative product that comes out of

this Chamber. I do not think that this

rule qualifies as good legislative procedure.

Imposing a time cap on debate for 10

hours, including voting time, with all

of the amendments pending here, certainly we will have a number of votes,

is going to restrict and constrain debate.

The first point, then, is simply that

time is too short under this bill. It is

an arbitrary time limit.

This bill generates a lot of amendments. In the last Congress, floor time

on the State Department authorization

bill and the foreign aid bill, excluding

voting time, consumed nearly 20 hours.

H.R. 1561 includes a new component, in

addition to those two components, a

radical reorganization of the U.S. foreign policy apparatus.

b 1315

So time is very severely constrained

here.

Second, this is really not an open

rule, and it should not be so described.

As an institution, the Committee on

Rules in the House needs a rational

mechanism to ensure that major questions are debated on this bill or any

other bill. That outcome depends not

on how we describe the rule, open, or

modified, or whatever, but on whether

the Committee on Rules makes sure

that there is a process for thorough

consideration of all of the major issues

in the bill, and I think the job of the

Committee on Rules is to identify the

major policy issues presented by this

or any other bill and then to permit

adequate time for debate on each one

of those major policy issues. That is

the job of the Committee on Rules, and

I do not think they have fulfilled that

function here today.

Finally, Mr. Speaker, I think the rule

creates a faulty process for consideration of the bill. I say, you have a 10-

hour time cap, you throw the bill open

for amendment at any point, and you

create a kind of free-for-all, making

the foreign policy of the United States,

under this rule, dependent on who gets

recognized first. Russia could be debated for 5 minutes; family planning

for 5 hours. That’s not the message

that we want to send to the world

about how the Congress of the United

States makes foreign policy and shapes

U.S. foreign policy.

Mr. Speaker, I just think we can do a

lot better than this rule that we have

today. We should reject it, and I urge a

‘‘no’’ vote on it.

Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I would like to just

briefly respond to the distinguished

gentleman from Indiana [Mr. HAMILTON], the ranking member of the Committee on International Relations, and

say we tried very hard to have a balance between a free-for-all and the

structured rule that gets the major debate, and we came to the conclusion

that we provided the parameters, and

we hope the floor managers will be able

to lead the debate in a way that will

get the major issues out there. Under

the recognition system that we have,

there is priority given to the members

of the committee, as the gentleman

well knows, and I know that if his side

of the aisle holds him in as much respect that people on this side of the

aisle do, that truly that they will listen to his governance as we go through

this, and I know that the people on our

side of the aisle have equal respect for

our chairman. So I think we will have

a good debate.

Mr. Speaker, I yield 5 minutes to the

distinguished gentleman from San

Dimas, CA [Mr. DREIER], an instrumental Member of this House and my leader in spirit on the Committee on Rules.

(Mr. DREIER asked and was given

permission to revise and extend his remarks.)

Mr. DREIER. Mr. Speaker, I thank

the gentleman from Sanibel, the distinguished chairman of the Subcommittee on Legislative and Budget

Process, for yielding me this time.

Mr. Speaker, I want to take just a

few minutes to discuss the changes

that have taken place in the procedure

of bringing rules to this floor over

years in the past. There is a fundamental disagreement that is being expressed today on the rule for this

American Overseas Interest Act regarding the actual role of the Committee on Rules. We all recognize, we recognize that despite our support for the

most open and fair process possible,

scheduling constraints, when we are

dealing with 435 Members, often require some kind of time limit, especially when we see the kinds of problems that have existed with the use of,

quite frankly, a filibuster by amendment in the past. The most relevant

standard that we should use when we

look at rules that are considered is not

purely the issue of openness, but in

fact the question of fairness. It is disingenuous to claim that every single

structured rule is equally onerous to

the minority or to the process of representative democracy, and rhetorically I would like to pose the following

question as we look at the consideration of these rules:

First, in the process of structuring

floor consideration to permit the

schedule to proceed; is the Committee

on Rules structuring debate for mere

political advantage? And obviously, in

the case of this rule, the answer to that

is no.

Are the rules being used arbitrarily

to bring either political benefit or relief? And obviously the answer to that

question is a resounding no.

There is a time limit on floor consideration of this bill restructuring the
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5395

foreign aid bureaucracy. That is unquestionably a restriction on open debate, but at the same time it is also a

bill that could take weeks, and weeks,

and weeks to conclude if there were no

structure whatsoever to the debate.

My very good friend, the former

chairman of the Committee on Foreign

Affairs, the gentleman from Indiana

[Mr. HAMILTON], as my friend from

Florida has said, is one of the most

highly respected Members of the

House. He came to the Committee on

Rules yesterday and opposed a time

limit. He preferred a structured rule in

which the Committee on Rules ensured

adequate debate of the key foreign policy issues of the day.

The concern with time limits expressed by Members on both sides of

the aisle has been that some amendments may not be able to be offered

within the time cap. Under the regular

rules of the House, Mr. Speaker, it is

especially possible that amendments of

Members not sitting on the committee

of jurisdiction will not be offered. This

is a very legitimate concern.

Time limit opponents, if they intend

to contribute something relevant to

these rule debates, must recognize that

any limitation on debate has the potential, the potential for important

amendments not being offered on the

floor. The vehicle could be a time cap

or the Committee on Rules listing

which amendments are in order and,

conversely, which are not.

The new majority, the new majority

on the Committee on Rules, has reported a large number of rules in which

a time cap has been used. The reason is

very simple, Mr. Speaker. After years

in the minority, during which time the

9-to-4 majority on the Committee on

Rules structured rules to stack the

deck politically for the majority, we

learned how unfair highly structured

rules can be.

Time limits, I will acknowledge, are

not perfect. However, it is possible

with time limits for the chairman and

ranking member of a bill’s committee

of jurisdiction to minimize the drawbacks of those time limits. They are

recognized for amendments before

other Members. Through this authority

a chairman and ranking member can

ensure that the most important

amendments are addressed first. In addition, Mr. Speaker, the rules of the

House permit consent agreements limiting time for debate on amendments

to avoid amendments consuming all of

the time.

The choice is very simple. Give the

authority to structure debate to the

highly partisan Committee on Rules or

permit the chairman and ranking

member of the committees of jurisdiction to largely set the course of debate.

Now, Mr. Speaker, I think there is no

question that the more fair way to set

debate is to give both parties a chance

to bring amendments to the floor without having the Committee on Rules

block certain amendments simply because our leadership does not want to

vote on a certain issue. That is what

often happens when a highly structured

rule is used. We are trying desperately

to minimize that procedure. So, if we

will use the guide of fairness, rather

than simply openness, I believe that we

will be able to have virtually every

public policy proposal considered.

Mr. HALL of Ohio. Mr. Speaker, I

yield 4 minutes to the distinguished

gentleman from Massachusetts [Mr.

MOAKLEY], the former chairman of the

Committee on Rules, now ranking minority member, and my good friend

who is humorous and a great leader.

Mr. MOAKLEY. Mr. Speaker, I thank

the gentleman from Ohio [Mr. HALL]

for yielding this time to me, and I

thank him for that outstanding introduction, but, Mr. Speaker, this bill has

got a lot of problems:

It limits the President’s authority, it

restricts U.S. foreign policy options,

and it weakens U.S. national security.

This bill also reorganizes the State

Department. Now, that sounds like it

could be a good thing. But, in this case,

it is reorganizing for the sake of reorganization, it will actually increase the

bureaucracy, double the number of employees, and triple the budget.

So why are Republicans doing this?

It cuts our foreign aid resources

when the requirements for U.S. leadership are increasing.

It places constraints and earmarks

on U.S. policy that will hinder this and

any future President’s ability to conduct foreign policy.

In this post-cold-war world, global realities are drastically shifting and

American foreign policy should respond

to those shifts. We should not be limiting our ability to create new markets

and protect U.S. security interests.

Some of the most dangerous and

short-sighted cuts are in development

assistance. These projects help promote economic stability, create markets for American goods, and promote

democracy and human rights abroad.

These programs enhance our security. They are the right thing to do and

they should not be cut. So, Mr. Speaker, I urge my colleagues to oppose this

gag rule. It is another in a long string

of Republican broken promises. This

rule provides for a 10-hour time cap and

sets a drop-dead deadline for amendments of 2:30 on Thursday.

One look at this rule and one would

think we had a lot of other business in

the House this week. Or, at least you

would think we have a lot to do after

the recess.

But, we do not. There are no bills

scheduled for the week we get back. I

urge my colleagues to oppose this rule;

thoughtful consideration of American

foreign policy is much more important

than the Memorial Day celebrations

that are coming up.

Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I always appreciate the

remarks of the distinguished gentleman from the Commonwealth of

Massachusetts [Mr. MOAKLEY] who I respect immensely, as he well knows, but

10 hours of debate can hardly be a gag

rule, and I thought we were doing a

favor to the gentleman’s party by making sure that we had a family friendly

evening one or two nights this week, so

we were trying to extend out the debate as best we could during the daytime. We simply ran out of week.

Mr. MOAKLEY. Mr. Speaker, will the

gentleman yield?

Mr. GOSS. I yield to the gentleman

from Massachusetts.

Mr. MOAKLEY. Mr. Speaker, the

gentleman knows when we were in the

majority that we gave 20 hours. It was

more than ample time to discuss it,

and no amendments, and no bearers of

amendments, were lying dead at the

rostrum down there.

Mr. GOSS. Reclaiming my time, I

thank the gentleman for his observation. I was only commenting on the

gag question. A 10-hour gag is a long

gap, and I think that most people,

when this debate gets going, are going

to agree that we are going to have

pretty free and open debate, and perhaps the concerns of the gentleman

from Indiana [Mr. HAMILTON], that we

were going to have a free-for-all, will

be more on target than ‘‘Members

won’t have a chance to speak.’’

Mr. Speaker, I yield 3 minutes to the

distinguished gentleman from Indiana

[Mr. BURTON].

Mr. BURTON of Indiana. Mr. Speaker, I thank the gentleman from Florida

for yielding this time to me.

First of all, I think this is a fair rule.

Ten hours should be a sufficient

amount of time to debate this issue,

but I want to talk about something

else today of very, very great importance.

I remember a few years ago when the

Berlin Wall was up, and we saw an East

German soldier running through

barbed wire with his weapon hanging in

his hand to freedom, and everybody in

the world applauded. It was on the

front of, I think, Life magazine and a

bunch of other magazines showing this

man in his great dash for freedom from

Communist oppression, and we all applauded that, and just 2 or 3 years ago

from Cuba we had captain in the Cuban

Air Force fly his jet to freedom in

Miami, and he told about the repression of that government, and everybody applauded that, and then just last

year I believe a man, a Cuban American, took a small aircraft, and flew

under the radar screen into Communist

Cuba, landed on a small street, a dirt

road, and picked up his family, and

flew them to freedom in Marathon, FL,

and everybody in the world applauded.

Here was a man fleeing Communist oppression. The State Department has declared the dictatorship of Fidel Castro

a brutal dictatorship. Just last July 13,

the March 13 tugboat containing 85

women, and children, and men was trying to get to freedom, fleeing Communist oppression in Castro’s dictatorship.
H 5396 CONGRESSIONAL RECORD — HOUSE May 23, 1995

b 1330

The Cuban Navy came up alongside

and with power hoses were washing

people off of the deck. Women were

holding their babies up, showing the

Cuban Navy there were children on

board, and they kept the power hoses

on them. The woman went down into

the bowels of the tugboat to protect

the kids. The Cuban Navy pulled up

alongside and, using the orders directly

from Fidel Castro, they pointed the

hoses into the hold and sunk the ship,

drowning those women and children

like rats.

That is the kind of dictatorship we

have in Communist Cuba today. That

is the kind of dictatorship we had in

East Germany under the Communists,

and in the old Soviet Union. People did

not want to live in that kind of hell. If

you read Armando Valladares’ book

‘‘Against All Hope,’’ you know of the

horrible oppression and torture that

goes on in the Communist gulags, the

prisons, in Castro’s Cuba.

Mr. Speaker, it is with great concern

and dismay that the American people

see today that the Clinton administration is equating illegal aliens coming

across the Mexican border by the millions with the few thousand people fleeing Communist oppression in Castro’s

horrible dictatorship in Cuba.

Janet Reno said these people were illegal immigrants, and there were only

about twelve or thirteen thousand in

the last year that tried to flee Castro’s

dictatorship. The reason this is being

done is because Castro forced people

down to the shores, telling them they

were going to go to prison if they did

not leave that country, when he sent

30,000 people over here for political purposes.

Let me just say the policies of this

administration are wrong headed regarding Cuba. It is still a Communist

dictatorship. Sending people back to

Cuba today is like throwing people

seeking freedom back over the Berlin

Wall. It is a terrible mistake, Mr.

President.

Mr. HALL of Ohio. Mr. Speaker, I

yield myself such time as I may

consume.

Mr. Speaker, this is, in my opinion, a

very dangerous bill. It worries many

leaders of the world, of other nations.

It worries many agencies and many

people in this country. At a time when

the U.S. should be leading in the world,

this can force us, in my opinion it will

force us, to take a back seat into isolationism.

It cripples agencies without any benefit. Many agencies will be eliminated.

The best agency in my opinion, AID,

and the great humanitarian work that

they do will be put into the State Department. It will defeat the purpose it

was designed for. Many decisions based

on humanitarian aid now will be made

with political purposes in mind, which

is wrong.

It cuts development assistance by 34

percent to the poorest of nations all

over the world, including where most

of the humanitarian crisis is now,

which is in the continent of Africa. Actually, the whole fund has been cut already by 40 percent.

It hurts investments in other nations. For every dollar that we invest

overseas, we get it back two and three

and four times every year. We get it

back in jobs, we get it back in money,

we get it back in trade.

As a country, we need to step up to

the plate and lead in the world. That is

our role, that is our responsibility,

whether we like it or not. This bill

erodes our strength and our ability to

lead.

Mr. Speaker, I would urge a ‘‘no’’

vote on the rule, and certainly a ‘‘no’’

vote on the bill.

Mr. Speaker, I reserve the balance of

my time.

Mr. GOSS. Mr. Speaker, I yield 3

minutes to the distinguished gentlewoman from Florida [Ms. ROSLEHTINEN], also a member of the Subcommittee on the Western Hemisphere.

Ms. ROS-LEHTINEN. Mr. Speaker, I

rise to urge passage of this rule, which

I believe is very fair to all Members of

the House. It is important to move

quickly on passage of the American

Overseas Interest Act, which sets forth

a bold and far-reaching reorganization

and consolidation of the foreign affairs

agencies of our country.

This bill begins a measured, deliberate process of reducing expenditures

in the field of foreign affairs, which is

consistent with the overall plan to

bring our budget into balance by the

year 2002.

The consolidation of the agencies by

eliminating duplication and blurred

lines of authority and responsibility

will contribute to the Secretary of

State’s ability to adapt the foreign policy programs of this Government to

the new era of fiscal austerity. I believe this is a very positive constructive approach to the challenges that we

face in reducing our Federal deficit.

Unfortunately, the bureaucratic impulse to oppose change has led some in

the administration and elsewhere to

attempt to oppose the consolidation of

these agencies by labeling supporters

of the committee bill as isolationists

or new isolationists. Nothing could be

further from the truth.

In fact, the consolidation proposal

has a very long history. One of the

greatest international statesmen that

this country produced strongly believed that the foreign affairs programs

of this country should be an integral

part of the State Department’s programs.

In fact, in 1945 when the then Assistant Secretary was offered a substantial

promotion to become the Director of

the Independent Foreign Aid Agency,

Dean Acheson turned down the job because he insisted that neither the job

nor the agency should exist, that foreign aid should be run as part of the

State Department.

There is a delicious irony in the fact

that we should now call this proposal

the Republican plan. The Acheson plan

is what it really is. It sometimes has

been called the Helms plan. It is to

consolidate these agencies. This should

be done.

I mention this because it seems to

me these issues are neither partisan

nor ideological. They should be addressed in an atmosphere which is the

focus of one question and one question

only: What is the best thing for our

country to do?

I congratulate the gentleman from

New York, Chairman GILMAN, for

bringing this bill to the floor in such a

prompt manner. He has provided strong

leadership for those of us in the committee, helping us to cope with the fundamental changes in this world. The

world has been changing dramatically

since the start of this decade, and this

fresh approach embodied in our bill is

an appropriate response to these

changes.

Mr. Speaker, I hope that all of our

colleagues urge a ‘‘yes’’ vote in the

adoption of this rule.

Mr. SOLOMON. Mr. Speaker, I rise in support of this rule.

Mr. Speaker, we have before us what I firmly believe to be the fairest rule possible under

the current circumstances.

In putting this rule together, the Rules Committee tried, first, to accommodate the leadership of the House and the extraordinary demands that are being placed on the floor

schedule.

Given the rather small windows of opportunity that is available for consideration of H.R.

1561, this rule represents our best effort to

make optimum use of the time the House will

in session this week.

Our second consideration at the Rules

Committee was to consult as best we could

with the minority to try to understand their concerns.

Having been in the minority for so long ourselves, we Republicans know how it feels.

We tried to strike a proper balance between

the time permitted for general debate and the

time permitted for consideration of amendments.

Given the schedule constraints we are working under, we have struck a good balance that

moves at least some of the way the minority

asked us to go.

Finally, Mr. Speaker, the Rules Committee

examined some of the past precedents for

dealing with foreign aid legislation, particularly

the bills that were brought before the House

during the 1980’s.

I myself served on the Foreign Affairs Committee during most of the 1980’s under the

leadership of then-Chairman Dante Fascell,

one of the great statesmen of this House.

We found ample precedent for imposing an

overall time limit on the amendment process,

for requiring the printing of amendments in the

CONGRESSIONAL RECORD, and for granting the

chairman of the Committee of Original Jurisdiction authority to present amendments en

bloc.

And so I strongly urge Members to support

this rule.

This is a good rule. It meets the needs we

face under the present circumstances.

And it will permit the House to work its will

on H.R. 1561.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5397

GENERAL LEAVE

Mr. GOSS. Mr. Speaker, I ask unanimous consent that all Members may

have 5 legislative days within which to

revise and extend their remarks on

House Resolution 155, providing for the

consideration of H.R. 1561.

The SPEAKER pro tempore (Mr.

GILLMOR). Is there objection to the request of the gentleman from Florida?

There was no objection.

Mr. HALL of Ohio. Mr. Speaker, I

yield back the balance of my time.

Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, we have tried our best

to come up with a rule that provides

plenty of time to talk about the things

we need to talk about, give every Member a chance to get what is on their

heart or mind on this subject out on

the floor for discussion, and still manage the debate in a way that the vital

issues are provided for and will get the

appropriate attention.

I think we must have done a pretty

good job in terms of the policy, because

we have the ranking member on the

Committee on the Budget saying oh,

my gosh, he was worried about the

budget constraints, yet we have the

President’s spokesperson saying that

they are going to recommend a veto because there is not enough money. So

we apparently have come up with

something that works pretty well here.

This bill will spend 5.5 percent less

than last year, and does represent 9.5

percent less than the White House

asked for, but it does provide for the

necessary and affordable business of

our Nation overseas, provides for accountability and our national interests

and national securities.

I guess that no rule is absolutely perfect, but I think this is a pretty good

rule for an issue of this dimension, and

I think we have done our best to craft

it to give every Member the opportunity to have his or her say. I think it

is fair and efficient, and I think it will

do the job. I urge its support.

Mr. Speaker, I yield back the balance

of my time, and I move the previous

question on the resolution.

The previous question was ordered.

The SPEAKER pro tempore. The

question is on the resolution.

The question was taken; and the

Speaker pro tempore announced that

the ayes appeared to have it.

Mr. HALL of Ohio. Mr. Speaker, I object to the vote on the ground that a

quorum is not present and make the

point of order that a quorum is not

present.

The SPEAKER pro tempore. Evidently a quorum is not present.

The Sergeant at Arms will notify absent Members.

The vote was taken by electronic device, and there were—yeas 233, nays

176, not voting 25, as follows:

[Roll No. 347]

YEAS—233

Allard

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Boucher

Brewster

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Collins (GA)

Combest

Cooley

Cox

Crane

Crapo

Cremeans

Cunningham

Davis

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dornan

Dreier

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Ganske

Gekas

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Gunderson

Gutknecht

Hansen

Hastert

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Horn

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Jacobs

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Moorhead

Morella

Murtha

Myers

Myrick

Nadler

Nethercutt

Neumann

Ney

Norwood

Nussle

Ortiz

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Spence

Stearns

Stockman

Stump

Talent

Tate

Taylor (NC)

Thomas

Thornberry

Thurman

Tiahrt

Torkildsen

Torricelli

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—176

Ackerman

Baldacci

Barcia

Barrett (WI)

Beilenson

Bentsen

Berman

Bevill

Bishop

Bonior

Borski

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Doyle

Duncan

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Geren

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Hancock

Harman

Hastings (FL)

Hayes

Hefner

Hilliard

Holden

Hoyer

Jackson-Lee

Johnson (SD)

Johnson, E.B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

McNulty

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moakley

Mollohan

Montgomery

Moran

Neal

Oberstar

Obey

Olver

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Pickett

Pomeroy

Poshard

Rahall

Rangel

Reed

Reynolds

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Sisisky

Skaggs

Slaughter

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Tanner

Tauzin

Taylor (MS)

Tejeda

Thompson

Thornton

Torres

Towns

Traficant

Tucker

Vela ́ zquez

Vento

Visclosky

Volkmer

Ward

Waters

Williams

Wise

Woolsey

Wyden

Wynn

NOT VOTING—25

Abercrombie

Andrews

Becerra

Calvert

Coburn

Cubin

Dooley

Fazio

Gallegly

Gephardt

Greenwood

Hinchey

Hoke

Hostettler

Jefferson

Kleczka

LaHood

Molinari

Peterson (FL)

Rush

Scarborough

Souder

Watt (NC)

Waxman

Wilson

b 1358

The Clerk announced the following

pair:

On this vote:

Mr. Calvert for, with Mr. Andrews against.

Mr. VISCLOSKY and Mr. PETE

GEREN of Texas changed their vote

from ‘‘yea’’ to ‘‘nay.’’

So the resolution was agreed to.

The result of the vote was announced

as above recorded.

A motion to reconsider was laid on

the table.

b 1359

The SPEAKER pro tempore (Mr.

GILLMOR). Pursuant to House Resolution 155 and rule XXIII, the Chair declares the House in the Committee of

the Whole House on the State of the

Union for the consideration of the bill,

H.R. 1561.

b 1359

IN THE COMMITTEE OF THE WHOLE

Accordingly, the House resolved itself into the Committee of the Whole

House on the State of the Union for the

consideration of the bill (H.R. 1561), to

consolidate the foreign affairs agencies

of the United States; to authorize appropriations for the Department of

State and related agencies for fiscal

years 1996 and 1997; to responsibly reduce the authorizations of appropriations for United States foreign assistance programs for fiscal years 1996 and

1997, and for other purposes with Mr.

GOODLATTE in the chair.
H 5398 CONGRESSIONAL RECORD — HOUSE May 23, 1995

The Clerk read the title of the bill.

The CHAIRMAN. Pursuant to the

rule, the bill is considered as having

been read the first time.

Under the rule, the gentleman from

New York [Mr. GILMAN] will be recognized for 1 hour, and the gentleman

from Indiana [Mr. HAMILTON] will be

recognized for 1 hour.

The Chair recognizes the gentleman

from New York [Mr. GILMAN].

Mr. GILMAN. Mr. Chairman, I yield

myself such time as I may consume.

(Mr. GILMAN asked and was given

permission to revise and extend his remarks.)

Mr. GILMAN. Mr. Chairman, as we

begin the first major debate on the reorganization and design of our foreign

affairs operations and programs since

the cold war, I would like to thank my

good friend and colleague, the gentleman from Indiana and ranking minority member of our committee—Mr.

HAMILTON—for his cooperation in the

preparation of this bill.

H.R. 1561, the American Overseas Interests Act, constitutes the most extensive reform and overhaul of our foreign affairs architecture and our foreign assistance programs in nearly 50

years.

It merges three foreign affairs agencies—the Agency for International Development [AID], the U.S. Information

Agency [USIA], and the Arms Control

and Disarmament Agency [ACDA]—

into the State Department.

It also reauthorizes our foreign assistance programs, redirecting and

targeting our resources to where they

will do the most good.

In implementing the first major reforms in our international operations

in nearly 50 years, H.R. 1561 also establishes three priorities to ensure that

our Nation can meet the challenges

and take advantage of the opportunities in the post-cold-war world.

It defends our national security, supports our trade and economic interests,

and provides for those who have been

hit by disaster and cannot provide for

themselves—while cutting duplication

and waste in dozens of programs.

This bill is about American interests.

The bill locks in the gains of the cold

war by reaching out to the nations of

Central and Eastern Europe that have

broken out of the old Soviet orbit.

It punishes our adversaries by cutting off funds to countries that spy on

us—that provide weapons to terrorist

states—that give aid to Cuba—or that

consistently vote against us in the

United Nations.

It also maintains the U.S. commitment to the 1979 Camp David accords.

Let us bear in mind that under those

accords, Israel, our closest and most

important ally in the Middle East, gave

up the Sinai with its oil fields, its strategic air bases, and its natural geographic barriers in return for peace

with Egypt—a peace which has lasted

for 16 years.

Under the umbrella of our American

commitment, Israel has signed a peace

treaty with Jordan and is engaged in

talks with Syria and the Palestinians

that could also lead to regional peace.

The Camp David accords is a foreign

assistance program that has greatly

benefited American interests by helping to maintain and advance peace and

stability in the vital Middle East.

H.R. 1561 also supports our economic

interests by maintaining funds for the

Trade and Development Program and it

enhances our support for humanitarian

activities with increased funding for

food aid and disaster assistance to help

feed starving people and to provide for

child survival.

The bill achieves this with an authorization level for fiscal year 1996 that is

nearly $1 billion below current appropriations and in line with the budget

resolution adopted last week on this

floor. The funding for this significant

and far-reaching bill is but 1.3 percent

of the Federal budget.

The changes embodied in this legislation are necessary to enable our Nation

to continue to be the world’s economic

leader and a beacon of political freedom. However, in order to maintain

that role, our Nation must be strong.

Continuing deficits in the range of

$200 billion a year will only weaken us

economically. An America that is weak

is not an America that can lead.

H.R. 1561 also strengthens the ability

of our executive branch to formulate

and implement a strong and coherent

foreign policy by giving the Secretary

of State both the responsibility and authority over our foreign affairs activities.

By folding three cold war-era agencies—AID, USIA, and ACDA—into the

State Department, we are simply taking a leaf from the book written by

previous Congresses when they mandated the reorganization of our defense

establishment after World War II.

Even as Americans were celebrating

that hard-won victory, the Congress

was preparing to implement some hard

lessons that had been learned in that

war about the organizational structure

of our military.

We learned that a War Department

and a Navy Department—often at each

other’s bureaucratic throats and headed by a Cabinet secretary each reporting directly to the President—could be

a recipe for disaster in the fast-moving

complex world of modern warfare.

An organizational structure established in the 1790’s—when sailing ships

took weeks to cross the ocean and armies moved on foot at the rate of 3

miles an hour—had to be streamlined

and consolidated.

There had to be a single Cabinet secretary responsible to the President for

formulating and implementing our national defense policy.

The Congress abolished the War Department and the Navy Department as

independent entities and consolidated

them into a newly created Defense Department under the leadership of a

newly created Secretary of Defense.

Similarly, with the cold war behind

us, it is time now to reorganize and

consolidate our foreign affairs agencies

to meet the new challenges and take

advantage of the new opportunities

that await our Nation as we enter the

21st century.

Merging AID, USIA, and ACDA into

the State Department eliminates hundreds of costly, high-ranking, Washington-based bureaucrats.

But, we also ensure that all of our

Nation’s foreign policy apparatus will

be under the direction of and responsible to a single individual—the Secretary of State.

My colleagues are undoubtedly aware

of the letter the Secretary of State has

written to the Speaker in which he

strongly criticizes this bill and states

that his intention to recommend that

the President veto it. Let me briefly

respond to some of the principal criticisms expressed in the letter.

The Secretary states that the bill

and I quote ‘‘contains numerous constraints that would do immense harm

to our nation’s foreign policy.’’

In fact, the bill contains Presidential

waivers for nearly every policy-based

restriction and gives the President increased flexibility to manage foreign

policy resources—including repeal of 34

obsolete laws that restrain the President’s flexibility.

The Secretary also states that the reorganization mandated in our bill

would, and I quote ‘‘damage our ability

to promote American interests worldwide.’’

The reorganization in the bill is nearly identical to a plan the Secretary

proposed in January to consolidate

AID, USIA, and ACDA into the State

Department.

Finally, the Secretary stated that

this measure would drastically reduce

our resources for foreign affairs activities. H.R. 1561 is in line with the Housepassed budget resolution and does not

go below that amount.

H.R. 1561 takes a big bite out of Federal fat, while keeping the muscle that

we need to maintain our strength as a

world leader. I invite my colleagues to

join in supporting this important reform measure.

Hopefully, my colleagues will also

utilize this debate to help increase public awareness of the need to defend and

advance American interests overseas.

Development assistance and security

assistance make important contributions in support of our international

interests.

As our Nation enters new times and

faces new challenges—including the

challenge to reduce our budget deficit—the burden falls upon us in the

Congress to educate the public to the

need to maintain a strong program

that supports, as the title of H.R. 1561

says, American overseas interests.

Mr. Chairman, I reserve the balance

of my time.

Mr. HAMILTON. Mr. Chairman, I

yield 3 minutes and 30 seconds to the

distinguished gentleman from New

York [Mr. ENGEL], who has contributed

importantly to the work of the Committee on International Relations.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5399

Mr. ENGEL. Mr. Chairman, I thank

my friend, the gentleman from Indiana,

for yielding time to me.

Mr. Chairman, there are a lot of good

things in this bill, but there are also a

lot of very troubling things in this bill.

I want to commend the chairman of

the Committee for inserting a number

of good things. We have principles involving the MacBride principles with

regard to Ireland. There is good language in there involving Kosovo, the

people of Kosovo. Of course, aid to Israel and to Egypt is maintained.

However, there is a very, very troubling aspect of this bill. That is the underlying thought that somehow or

other foreign aid needs to be drastically reduced. In fact, in this bill, foreign aid is cut to an unprecedented low

level. A very interesting poll appeared

a couple of weeks ago in the New York

Times, when the American public was

asked ‘‘Do you think that the United

States gives too much in foreign aid,

too little, or just about right?’’ Overwhelmingly, people said ‘‘Too much.’’

Then the question was asked ‘‘How

much of the U.S. budget is foreign

aid?’’ The consensus was generally 15

percent. People thought 15 percent of

our budget was foreign aid. Then the

question was asked ‘‘What do you

think is a good percentage of the

American budget that should be used

for foreign aid?’’ The consensus was 5

percent. Then the respondents were

told the truth, that foreign aid is barely 1 percent of the American budget.

Mr. Chairman, the Soviet Union has

collapsed and the United States is the

leader of the world, unquestionably. Is

this now the time to recoil, to hide our

heads in the sand, and to move towards

what I regard to be a dangerous isolationism? No matter how we cut it, we

are retreating in this bill. We are cutting back on foreign aid, we are cutting

back on helping other nations.

Many of us speak with leaders of

other countries, fragile democracies

where democracy is just taking root,

countries that were Communist governments just a few years ago. They

plead with us, a little bit of American

aid would go such a long way towards

ensuring that democracy would take

root and stabilize in these small countries.

Have we won the cold war, only to

throw it all away? That is what I think

this bill does in terms of foreign aid.

While the bill protects foreign aid for

Israel and Egypt, it shrinks foreign aid

for just about everyone else, so Israel

and Egypt are a larger portion of the

foreign aid pot. It is only a matter of

time, given the thought of this bill,

that Israel and Egypt will be cut, because that is the trend that the Republican majority is moving toward. I

think it is a dangerous trend.

Mr. Chairman, we talked about consolidating AID, USIA, and ACTA, into

the State Department. That will not

save us any money.

b 1415

Mr. Chairman, that is not going to

save any money. In my opinion, it is

going to be less efficient and very

much troublesome. The President has

said that if this bill passes, he is going

to veto it.

I think we all ought to put our heads

together, do something that makes

sense, reassert America’s leadership in

the world, and put something together

that says America is not recoiling from

the world but indeed America is acting

like the world power that it is.

Mr. GILMAN. Mr. Chairman, I yield 5

minutes to the gentleman from Indiana

[Mr. BURTON].

Mr. BURTON of Indiana. Mr. Chairman, I thank the gentleman for yielding me the time.

Mr. Chairman, one of the things that

concerns the American people more

than anything else is waste in government. They believe that government is

inefficient, and in many, many cases it

is. In fact in some cases it is downright

horribly wasteful.

The AID agency that deals with developmental assistance and other foreign aid around the world is responsible for spending an awful lot of our

foreign aid money.

I want to read to my colleagues a

memo that came out of a meeting that

was held by the director of AID and his

assistant director and several people in

leadership. This memo was sent around

the world to AID agency heads in

many, many countries. When you read

this, it makes you downright angry if

you are a taxpayer.

Here is the part that I think is the

most interesting. Larry B., the assistant director of AID said, ‘‘We are 62

percent through this fiscal year and we

have only spent 38 percent of the dollar

volume of procurement actions completed.’’

‘‘We need to do’’—that means spend—

‘‘$1.9 billion in the next 5 months.’’

He goes on to say, ‘‘LAC, AF, BHR

are doing okay. There are large pockets of money in the field and about $570

million in Global and ENI each. So

let’s get moving.’’

In other words, they are two-thirds

through the year and they have only

spent about one-third of their budget

so they want to get spending so they

can ask for more money in the next biennium or the next fiscal year.

Mr. Chairman, I think this is the

kind of thing that the American people

hear and when they hear it, they just

get downright angry. That is why I

think the bill of the gentleman from

New York [Mr. GILMAN], the chairman,

is headed in the right direction when

they are talking about merging these

agencies.

In another part of this, when they are

talking about the merger, which is

going to save the taxpayers a lot of

money, let me read to you what they

say in that part. They say, ‘‘Jill Buckley reports that the Senate Foreign Relations Committee staff was relatively

uncooperative in discussions yesterday

and somewhat surprisingly the House

International Relations Committee

staff was cooperative. The strategy’’—

and this is their strategy—‘‘is delay,

postpone, obfuscate and derail. If we

derail, we can kill the merger.’’

‘‘If we derail, we can kill the merger’’

between these agencies that are going

to be put under the State Department

to save taxpayers’ money. I think this

is reprehensible that the leadership of

AID met, tried to derail the will of the

Congress of the United States, and in

the same memo said, ‘‘We’ve got to

spend a heck of a lot of money by the

end of this year. We’re two-thirds of

the way through, we’ve only spent

about one-third of our budget. If we

don’t get on the ball and spend this

money, we can’t come back and ask for

more money.’’

That is something that cannot be tolerated. For that reason, Mr. Chairman,

I will be proposing my amendment

today to cut the staff of AID by 25 percent. The chairman’s mark cuts it by

10 percent. I believe we can go further.

If we can cut the congressional staff

here in Washington, our committee

staff, by 33 percent, we can sure cut

AID by 25 percent. They have got almost 10,000 employees. They want to

spend taxpayers’ money wastefully. We

need to send them a message.

Mr. HAMILTON. Mr. Chairman, I

yield 31⁄2 minutes to the distinguished

gentleman from Virginia [Mr. MORAN],

an invaluable member of the committee.

Mr. MORAN. Mr. Chairman, I rise to

oppose the Republican isolationist foreign aid bill, called the American Overseas Interests Act of 1995, because this

bill proposes deep cuts in our foreign

assistance budget and takes away the

independent responsibilities of the

Agency for International Development,

the Arms Control and Disarmament

Agency, and the U.S. Information

Agency.

Mr. Chairman, now is not the time

for the most powerful and influential

country in the world to go back to the

isolationist days of the 1930’s. Before

World War II there were 18 nations

with more military and geopolitical influence around the world than the

United States. Today there are none.

In fact, it is strong American leadership during and after World War II that

has resulted in the world becoming

safer for democracies and the fact that

we have far fewer dictatorships, that

we have more freedom of the press;

that, in fact, the economies around the

world are trading with us, providing

markets for us.

That is why the United States should

not shrug its shoulders of world leadership. In fact, we should seize this opportunity and not turn our back on a

half century of the kind of leadership

that our predecessors have shown in

this body and throughout the world,

the kind of principles that opposed people, economically and politically oppressed people, have yearned for. They

would not have achieved that economic
H 5400 CONGRESSIONAL RECORD — HOUSE May 23, 1995

and social and political independence

were it not for American leadership.

The end of the Soviet Union, a world

map dominated by democracies and

American allies, expanding trade markets, free elections in South Africa; we

could go down a list that would last all

day, of the things that have been

achieved because of American leadership throughout the world.

This bill undermines America’s leadership in the world. It cuts development aid that in fact is creating markets for us today. It will reduce our

ability to deal with the deteriorating

environmental conditions, the rising

migration pressures, all the kinds of

crises of inadequate food and medical

care that we read about. With very little investment, we have made an enormous difference in people’s lives.

Mr. Chairman, now is not the time to

cut the budget for the U.S. Information

Agency, because we play into the hands

of dictators and people who would like

to control the press of their own countries.

It is not the time to cut the Agency

for International Development, when

we have a 95 percent repayment rate

for small loans that are provided to the

poor. It is certainly not the time to cut

the Arms Control and Disarmament

Agency, when we see the kinds of disasters that are occurring, whether it be

chemical, biological, or nuclear weapons, that present a threat to all of us.

We ought to move forward, not backward. This bill brings us backward. I

urge my colleagues to vote against this

bill.

Mr. GILMAN. Mr. Chairman, I yield 3

minutes to the gentleman from Ohio

[Mr. CHABOT], who has been a valued

member of our Committee on International Relations.

Mr. CHABOT. Mr. Chairman, I rise in

support of H.R. 1561, the American

Overseas Interests Act. I want to commend the gentleman from New York

[Mr. GILMAN], our chairman, for his

outstanding leadership in steering this

historic legislation through the Committee on International Relations and

to the floor today.

H.R. 1561 is truly historic legislation.

It goes where no foreign aid bill has

gone before. It completely overhauls

the foreign aid bureaucracy, eliminating three major agencies: The Agency

for International Development, the

U.S. Information Agency, and the

Arms Control and Disarmament Agency. Their functions and budgets will be

cut and folded into the State Department at a great savings to the American taxpayer.

H.R. 1561 eliminates dozens of lowerpriority programs. It cuts spending by

more than $1 billion next year, a $1.8

billion reduction from President Clinton’s budget request. And it calls for

further cuts of $21 billion over the

course of our 7-year glidepath to a balanced budget.

Mr. Chairman, I intend to vote ‘‘yes’’

for this bill. Despite all the rhetoric

from the other side of the aisle that we

are going to hear, let me stress what a

‘‘no’’ vote on this bill really means. A

‘‘no’’ vote means a vote for the status

quo. A ‘‘no’’ vote means that our efforts to cut out wasteful bureaucracy

will be stonewalled. A ‘‘no’’ vote means

a needless delay in our efforts to bring

much-needed relief to the American

taxpayer.

Mr. Chairman, I am one of those

Members who would like to cut even

more, and I will vote for amendments

to do just that.

However, on the whole, this is a good

bill. It begins the process. It mandates

the reorganization of our foreign policy

apparatus so that next year we can

make even more of the budget reductions needed to balance the budget and

provide a secure future for our children.

Mr. Chairman, again I want to commend the gentleman from New York

[Mr. GILMAN], the chairman, and members of the Committee on International

Relations for crafting this bill. I urge

my colleagues to support it.

Mr. HAMILTON. Mr. Chairman, I

yield 4 minutes to the distinguished

gentlewoman from Georgia [Ms.

MCKINNEY], also an invaluable member

of the committee.

Ms. MCKINNEY. Mr. Chairman, in

1995, there are over 34 wars or acts of

aggression raging throughout the

world. These wars are all being fought

with arms imported from the United

States of America, arms used to kill

millions of people, arms used to scar

the Earth, arms used to inflict irreversible harm to the children around

the world.

Today, Mr. Chairman, I will offer the

code of conduct amendment to the

American Overseas Interest Act, H.R.

1561. The code of conduct is the first

major reform of America’s arms export

process in almost two decades. Although the 1976 Arms Export Control

Act provided some restrictions on the

executive branch’s ability to export

arms, historically Congress has had little-to-no oversight responsibility on

arms sale. As we celebrate the 50th anniversary of the end of World War II,

there is a new world order and America

is its leader.

Some American citizens are testing

the legal waters of holding gun dealers

responsible for the death and destruction that their merchandise contributes to. Just imagine what could happen if the poor innocents of Third

World countries around the world held

each one of us liable for the death and

destruction that U.S. weaponry, when

sold to dictators, contributes to.

In 1993 alone, the United States sold

more than $23 billion, 73 percent, in

arms sales to developing countries.

H.R. 1561 prohibits certain assistance

to countries promoting regional instability. However, there are no criteria

regarding arms sales. The code of conduct amendment provides those criteria.

A recent Gallup Poll showed that

more than three-quarters of the American public oppose the U.S. Government selling arms. Ninety-six percent

of Americans believe that the United

States should not sell conventional

weapons to undemocratic governments.

Our bad decisions have boomeranged

already in Panama, Iraq, Somalia, and

Haiti.

Our men and women in the Armed

Forces in each of those instances have

faced our own weapons and technology

as a result of our own bad policy decisions.

I urge all my colleagues to focus on

what the American century could really mean as we ponder America’s place

in the new world order. Join your 102

colleagues and vote for the code of conduct amendment to H.R. 1561.

b 1430

Mr. GILMAN. Mr. Chairman, I am

pleased to yield 41⁄2 minutes to the gentleman from New Jersey [Mr. SMITH],

the subcommittee chairman of our

Committee on International Relations.

Mr. SMITH of New Jersey. Mr. Chairman, I thank my good friend for yielding me this time. I want to say at the

outset how very happy many of us are

for the tremendous job the gentleman

from New York, Mr. GILMAN, has done

on this piece of legislation. It has been

very, very difficult. There has been a

give and take by many Members, and

he has done a fine job in crafting this.

I also want to thank the members of

my subcommittee. We had a portion of

this bill which is now section B or division B that worked through our subcommittee and we went through a

markup. We had legislation dealing or

provisions dealing with peacekeeping,

arms control, and other vital areas,

and I am very pleased that that legislation is now incorporated in the Gilman

bill.

H.R. 1561, the American Overseas Interests Act, has attracted widespread

publicity for its consolidation of government agencies and its sharp spending cuts in foreign aid and other programs. Amid the discussion of these issues, however, some of the most important aspects of H.R. 1561 have gone almost unnoticed.

Specifically, despite the need to cut

spending and consolidate programs, the

bill as reported by the House International Relations Committee manages to hold harmless—or even enhance—important programs that support freedom, build democracy, and

save lives.

Mr. Chairman, in considering H.R.

1561 I hope we will carefully consider

the following provisions:

Those provisions dealing with child

survival and related programs have

been included in the bill. Although the

overall development assistance authorization was cut by about a third, the

committee accepted an amendment to

set aside $280 million for child survival

programs, $25 million for micronutrient and Vitamin A programs, and $15

million for the UNDP/WHO Tropical

Disease Program. This is a modest increase over estimated fiscal year 1995
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5401

expenditures. The increase is justified:

these programs have saved literally

millions of lives, most of them children

in the developing nations of the world.

Now they will save millions more.

When cuts must be made, they must be

made in ways that will not cause children to die or to suffer.

The refugee provisions of H.R. 1561,

Mr. Chairman, likewise will prevent

United States tax dollars from being

used to forcibly return Vietnamese and

Laotians back to those countries, and

we are talking about people who

worked and fought side by side with

American forces.

These provisions will also protect

people who can show that they are fleeing forced abortions or forced sterilizations or they have actually been subjected to such pressures, such as the 13

women who are now being held in Bakersfield, CA, most of them victims of

forced abortion or forced sterilizations,

all of them about to be forced back to

the People’s Republic of China.

H.R. 1561 would also require periodic

reports to Congress on what Fidel Castro is doing to enforce his end of the

Clinton-Castro immigration deal of

1994, and on how people are treated who

are returned to Cuba pursuant to the

second Clinton-Castro immigration

deal of May 1995.

Finally, the bill provides an important structural reform—the consolidation of human rights advocacy and refugee protection under a single State

Department official reporting directly

to the Secretary—that will guarantee

these decisions a place at the table

when important decisions are made.

Mr. Chairman, despite the need for

cuts in international broadcasting and

other public diplomacy programs, H.R.

1561 holds harmless from such cuts our

freedom broadcasting programs—such

as Radio Free Asia, Radio/TV Marti,

and the Voice of America Farsi Service—at prior levels.

Similarly, funds for the National Endowment for Democracy are authorized

at current levels.

The bill also creates a pilot project

for freedom broadcasting to Asia, to

provide pro-democracy and pro-freedom broadcasts to Asian countries

whose people do not enjoy freedom of

expression during the months or years

it will take to establish Radio Free

Asia.

Mr. Chairman, this is a good bill, and

I do hope Members will support it.

Mr. HAMILTON. Mr. Chairman, I

yield 51⁄2 minutes to the gentleman

from California [Mr. BERMAN], a very

important member of the Committee

on International Relations.

(Mr. BERMAN asked and was given

permission to revise and extend his remarks.)

Mr. BERMAN. Mr. Chairman, I never

thought I would see the day when I

would be rising to oppose a foreign assistance bill, and it pains me deeply to

have to be in that particular situation.

But this bill, it is called the American Overseas Interests Act, I think if

Members look carefully at its provisions, they should call it the American

Leadership Reduction Act. It slashes

resources for diplomatic efforts and in

foreign assistance around the world. It

dismantles without any consultations

with the executive branch, without any

consultation with the Democrats, it

dismantles American’s foreign policy

structure. It hobbles the American

Presidency. That may be politically attractive for some at this particular

time, but Presidents come and go, and

I remind my colleagues, while we have

had very few years where a foreign assistance bill has become law, almost

every Congress since I have come here

we have passed a foreign assistance act

in the House with bipartisan support

from both parties. Many provisions

that I disagreed with would be in the

bill, many provisions that the Republicans disagreed with, but there was a

committed, bipartisan support for an

internationalist approach to the world

with a recognition of the critical role

that diplomacy and assistance and engagement plays in protecting and promoting American interests.

I came on the Committee on International Relations more than any

other reason because of my deep, abiding, personal, from my youth, commitment to the importance of the American-Israeli relationship in my scheme

of things and in the belief that not

only in Israel’s interest but in America’s interests that relationship was important. There is nothing more important to me in the Congress than continuing that relationship.

This bill, in the short term, on the

superficial glance, does that. It continues the assistance, it has important

language in the bill. The chairman of

the committee should be commended

for that. But, in the long term, for

those of us who care about that relationship, who care about this support, I

tell them, putting that money into a

bill that constitutes a frontal assault

on the executive branch’s ability to

conduct foreign policy, that slashes

other foreign assistance programs and

signifies a retrenchment and move towards a neoisolationist position in the

post-cold-war world, this is not an Israel-friendly bill. This is not a bill that

over the long term solidifies that relationship, because you cannot sustain

and justify foreign assistance for Israel

in the context where you are slashing

and ultimately terminating foreign assistance for every other country in the

world.

So it is because of my interest in

that relationship and notwithstanding

the specific provisions of this bill, but

in the recognition of what this bill does

to our whole foreign assistance program, to our ability to conduct diplomacy that I oppose this bill. I remind

my colleagues again and again if I can

and will throughout the total debate,

every year that the Committee on Foreign Affairs came to the House floor

with a bill, it was a bill which in the

committee, maybe we would start out

with the Democratic version during

those years, but every year, first Chairman Fascell, and then Chairman HAMILTON, looked at the strongest concerns

that the Republicans had. We met

those concerns. We came to the floor.

We had the substantial majority of

both Democrats and Republicans supporting the bill.

There was no effort to do that here. I

do not know if it was a calculated effort to try and pass a partisan bill, or

a lack of time caused by the schedule,

but the shocking lack of ability to engage our committee leadership or our

House leadership in finding out some of

the concerns that could be addressed in

the context of deficit reduction, in the

context of reform, in the context of addressing important foreign policy needs

that this Congress considers, that

agreement could have been worked out.

It is a shame we are at this point where

this bill is coming up as a partisan

Clinton-bashing, anti-executive-branch

feast instead of a sensible continuation

of a bipartisan internationalist tradition.

I just want to read from one paragraph of Secretary Christopher’s letter.

This is Secretary Christopher saying

why he will recommend a veto if this

bill passes. If enacted, they would compromise our ability to follow through

on the North Korea Framework Agreement. They would undermine or effective participation and weaken our leverage in international organization. It

would compel changes on refugees policy that compose a serious threat to

their borders, limiting the President’s

ability to respond to boat migration

and possibly exacerbating the illegal

smuggling of aliens into the United

States. The bill would seriously impair

the President’s responsibility to manage our delicate relations with China

at this time of transition in its leadership. Its provisions on the New Independent States.

Perhaps there will be further time to

get into this later on, but I frankly

would hope this bill could be withdrawn from the floor and I urge a no

vote at this time.

Mr. GILMAN. Mr. Chairman, I am

pleased to yield 6 minutes to the distinguished gentleman from Wisconsin

[Mr. ROTH], chairman of our Subcommittee on Economic Policy and

Trade.

Mr. ROTH. Mr. Chairman, I thank

the gentleman for yielding me this

time.

Mr. Chairman, before we begin this

debate, let us remember that we have 3

days of debate on this particular bill.

Many arguments will be made, dozens

of amendments will be offered, but

there is really only one basic issue, the

need for change in our foreign policy.

When the American people voted last

November for change, they voted for

change in foreign policy as much or

more than in any other areas. The

Clinton administration, yes as a previous speaker said, opposes this bill.
H 5402 CONGRESSIONAL RECORD — HOUSE May 23, 1995

We have a 3-page letter from the Secretary of State which is like a manifesto for business as usual in foreign

policy. Boiled down, the Secretary says

that the foreign policy elite should

stay in charge and that the Congress

and the American people should butt

out in foreign affairs.

The Secretary says that foreign

spending should go up even though

spending for our own people is going

down.

And the Secretary says that even

though the cold war is over, America

must still bear most of the load for all

of the world’s problems, while other

governments save their resources and

focus on taking our markets and

wringing our jobs from the American

workers.

The American people know that the

cold war is over. They want other

countries to take at least a little portion of the load. At American people

want their government to put our own

people and our own problems first, for

a change. For almost 50 years now we

have gone all over the world putting

their problems and their needs first. It

is about time we take care of our own

people and our own problems for a

change.

But that is not what the Secretary of

State and the foreign policy elite here

in Washington want. So this debate

really comes down to a test of

strength. Do the American people get

the changes they voted for, or does the

foreign policy establishment stay in

the driver’s seat. Who rules in this

country? The elite here in Washington

or the American people who are paying

the bills.

This bill makes three fundamental

changes. First, it abolishes three cold

war agencies: AID, USIA, and the Arms

Control Agency, all three which have

outlived their usefulness.

Second, the bill cuts $1 billion from

the $17 billion in overseas spending

over which our committee has jurisdiction, only $1 billion, so it is not a big

cut, but $17 billion is less than half of

what we are spending overseas at this

time. The real total is $38 billion when

you add up some of our military stations overseas also the multilateral development banks, food aid and other

categories. That is $37 billion this year.

We are making much less in cuts than

we do in domestic agencies. There is no

need for crocodile tears. We are eliminating entire departments in our Government.

b 1445

Mr. BERMAN. Mr. Chairman, I yield

3 minutes to the gentleman from

American Samoa [Mr. FALEOMAVAEGA].

(Mr. FALEOMAVAEGA asked and

was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA. Mr. Chairman, I have the greatest respect for the

gentleman from New York, the chairman of the House International Affairs

Committee, Mr. GILMAN, but I must reluctantly oppose H.R. 1561, and I urge

my colleagues to vote against its passage.

Although there are a few worthy initiatives in the legislation, on the

whole, H.R. 1561 drastically undermines

the ability of our President to engage

effectively on issues and activities that

impact on the world community as

well as the security and economic interests of our Nation.

I submit, Mr. Chairman, the United

States cannot and should not isolate

herself from the rest of the world.

Whether we like it or not, our Nation

is an integral member of the world

community, and we must face up to

our responsibilities as a leader in international affairs.

I find it ironic that in the era of EEC,

ASEAN, GATT, NAFTA, and APEC—

when it is becoming increasingly clear

that the economic future and prosperity of our Nation is vitally dependent

on America’s ability to engage overseas and to promote peace—this bill

would cripple our President’s ability to

conduct foreign diplomacy by cutting

off the arms and legs of America’s foreign policy apparatus while deeply reducing already meager resources.

H.R. 1561 recklessly mandates abolishment of the USIA, ACDA, and AID,

merging them into the State Department and creating a super bureaucracy. No detailed bottom up study of

this planned reorganization has occurred, however, and reflects that little

though has been given to the actual

costs or benefits of such a move. I have

been shown nothing that ensures that

this reorganization proposal will result

in an improvement in the conduct of

America’s foreign policy throughout

the world.

Mr. Chairman, I am convinced that

the reorganization plan presents the

danger that the unique missions and

valued expertise of the USIA, ACDA,

and AID will be subordinated and lost

in a massive State Department bureaucracy. Reorganizing the Department of State for the sake of reorganizing is a waste of time and taxpayers

dollars, and diverts attention and resources from the real foreign policy issues facing our Nation today.

I am also opposed to the foreign assistance cuts in excess of a billion dollars called for in H.R. 1561. Over the

last decade, foreign aid funds have

taken disproportionate cuts, being almost halved in inflation-adjusted dollars. As we all know, polls have documented that most Americans feel we

should be allocating at least 5 percent

of the Federal budget to foreign aid.

Yet our present funding of foreign assistance barely exceeds 1 percent of our

national budget.

The further cuts called for in H.R.

1561 will reduce already strained resources and handicap our ability to

protect and promote U.S. economic and

security interests overseas. Our small

investment in foreign assistance is the

first line of defense for America. By addressing problems overseas—through

development or humanitarian assistance—we circumvent major crises and

security threats from arising while

nurturing the growth of democracies

and new markets.

Mr. Chairman, this is a time when

the United States, in her own interests,

must continue to engage and reach out

to the international community. H.R.

1561 represents, however, a withdrawal

from world leadership and a dangerous

return to isolationism. I would urge

my colleagues to vote against the bill.

Mr. GILMAN. Mr. Chairman, I yield 2

minutes to the gentleman from Oregon

[Mr. BUNN].

Mr. BUNN of Oregon. Mr. Chairman,

I would like to take a moment to congratulate the chairman, the gentleman

from New York [Mr. GILMAN], and the

members of the Committee on International Relations for a job well done.

It is a difficult task, as we move toward a balanced budget, to identify

those things that work and those that

do not work.

Yet, this bill has done that. It eliminates three outdated Federal agencies,

the U.S. Information Agency, the Arms

Control and Disarmament Agency, and

the Agency for International Aid.

The first two are relics of the cold

war, the third, AID, while begun with

the best of intentions, has become a

bloated bureaucracy that we simply

cannot maintain.

I support foreign aid.

Mr. BERMAN. Mr. Chairman, will

the gentleman yield?

Mr. BUNN of Oregon. I yield to the

gentleman from California.

Mr. BERMAN. I am interested in why

the gentleman thinks the USIA is an

outdated agency, the programs for

radio and exchange programs around

the world, are outdated.

Mr. BUNN of Oregon. Because those

are cold war relics, and we do have an

open information age where information is getting out without our Government providing the dollars to provide

that message. I think we do have adequate access to information around the

world. We do not have to maintain the

cold war relics.

I will just wrap up in the last 30 seconds, if I could, and that is to say very

clearly I think we have to concentrate

on those things that work, that are

providing needs to people on the

ground, not serving bureaucracies that

have developed over the decades.

This bill does this. It allows us to

reach real people with real help. I

think it is the kind of thing we must

do. We must be committed to foreign

aid, but foreign aid that makes a difference for people.

Mr. GILMAN. Mr. Chairman, I yield 3

minutes to the gentleman from Pennsylvania [Mr. GEKAS].

Mr. GEKAS. Mr. Chairman, I thank

the gentleman for yielding.

Mr. Chairman, Members of the

House, the Congress in recent years has

done a miserable job, in my estimation, of explaining and making it

clear to the American people why we

are indulging or why we have ever indulged in foreign aid, so-called.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5403

Many people in the public feel this is

throwing money away, throwing

money abroad when that money could

be used more successfully, more usefully at home, and there is a good feeling of impropriety there among the

American people as to why that is happening.

But I believe that this gives us a

ample opportunity to explain to the

American people that when we invest

in foreign aid, so-called, to the people

of the Middle East, to the nations on

either side of the Suez Canal, in that

whole region, that we are creating or

helping to create a stable part of the

world. If it remains stable, then our national security interests and our economic interests are safer.

Why do I say that? Everyone in

America knows that we depend on Middle East oil for 45 percent of our fuel.

In doing so, we have to make sure that

that flow of oil remains steady and unhampered, into the United States.

Therefore, when we invest in foreign

aid in that region, creating that safe

harbor for our oil interests, our standard of living is protected. That is a

good reason to indulge in foreign aid.

And that happens throughout the region.

There is a second reason for it. To

the extent that our foreign aid moneys

create and keep a democratic government in place in the Third World, to

that extent we have less reason to believe that we have to dispatch American troops or do other kinds of things

to aid an emerging nation. If we can

keep a stable democratic government

in place, our standard of living, our national security interests are safer.

That is why foreign aid becomes an

overwhelming presense in the Halls of

the Congress of the United States, in

the interests of the American people.

But what this piece of legislation

does is it keeps all of those theories

and reasons in mind while at the same

time exercising that fiscal constraint

which is absolutely necessary in the

days of deficit and the race toward a

balanced budget that we are about here

in the Congress of the United States.

I support the legislation and will do

my singular best to repeat the message

to the American people that it is in our

national security and our national economic interests that we maintain levels of foreign aid across the world.

Mr. BERMAN. Mr. Chairman, I yield

myself 1 minute.

I would just like to follow up. The

comments of the gentleman from Oregon state the issue very well.

If you think in the post-cold-war

world that Government-financed broadcasting is a waste of money, then this

is a good bill for you because this

starts us down the road toward ending

that program.

I think that repeating the mistakes

of the end of World War I, that we won

a particular battle, and now everything

will be OK, there are still countries

closed to all the media and the information that the gentleman from Oregon spoke about. I want a Farsi language Voice of America broadcast into

Iran talking about pluralism and democracy and what is going on in that

country because the people there cannot get it. I want to listen to the countries of Eastern Europe who have come

through the most horrible period imaginable and who say the need to continue these exchange programs and

these radio things are very important

to plant the roots of democracy strong.

I do not think these are irrelevant

agencies anymore, and that is the debate. That is the discussion.

Mr. Chairman, I yield 21⁄2 minutes to

the gentleman from New Jersey [Mr.

PAYNE].

(Mr. PAYNE of New Jersey asked and

was given permission to revise and extend his remarks.)

Mr. PAYNE of New Jersey. Mr.

Chairman, at a time when domestic

sending is being cut, no group understands the sacrifice to continue foreign

aid more than the Congressional Black

Caucus. We know the plight of the poor

on the streets of America.

Yet, we are motivated to fight back

at the inhumane cuts to the world’s

needy for two reasons. First, the cuts

do not represent good business judgment. Our investment in education and

development assistance in Asia after

World War II paid off.

Today, these Asian countries are

among our strongest economic powers—look at South Korea and Taiwan.

Africa with its rich mineral resources

now represents the new potential for

America’s growing markets.

Also investments in education and

development can save the continent

from the human disasters like we have

witnessed in Rwanda. The conflict in

Rwanda was more about who could own

the limited, over populated land, than

it was about Hutu against Tutu.

Poverty breeds conflicts and terrorism. A small dollar investment now

will save much larger sums later.

Our second reason is that America

has not been as generous to countries

in need as our Republican leaders

would have us believe.

In the last 10 years, our international

costs have been reduced 47 percent

while our total national budget has increased 5.5 percent. Less than 1 percent

of our national budget goes to foreign

aid while the poles tell us the American public feels it should be at least 5

percent.

Japan has now replaced us as the

largest donor, and we rank 21st or dead

last in per capita giving among developed nations like Western Europe.

Republicans argue that the voluntary

giving in America makes up for our

poor performance.

But I can tell you from personal experience that other donor countries

also have their Save the Childrens,

Oxfams, YMCA’s, and churches giving.

They also give generously and in

many cases more generously than their

U.S. counterparts.

Help us continue Martin Luther

King’s plea that injustice anywhere is

a threat to justice everywhere.

Save the children of Africa and

Bosnia by supporting us in restoring

the cuts to Africa and peacekeeping.

Vote against H.R. 1561.

b 1500

Mr. GILMAN. Mr. Chairman, I yield 3

minutes to the distinguished gentlewoman from Florida [Ms. ROSLEHTINEN], chairman of our Subcommittee on Africa.

Ms. ROS-LEHTINEN. Mr. Chairman,

I thank the gentleman from New York

[Mr. GILMAN] for yielding this time to

me.

Mr. Chairman, the bill brought to the

floor by the Committee on International Relations contains dramatic

changes in the organization and structure of our foreign affairs programs.

These changes are long overdue, and

reflect the major changes that have

taken place in the world since the

United States assumed the responsibilities of world leadership in the postWorld War II era.

Under Chairman GILMAN’s very able

leadership, the committee has drafted

and reported a bill that well deserves

the support of everyone in the U.S.

House of Representatives.

In view of the enormous changes in

the realities with which we conduct

our foreign affairs, we in the committee have studied the organizations of

these institutions, and we have concluded that they must change as dramatically as the world in which they

must cope. The administration is incorrectly stonewalling our efforts to

promote change in the foreign affairs

agencies.

When we held hearings on these

structural changes, the most recent

Secretaries of State—Secretaries

Eagleburger, Baker, and Shultz—endorsed these organizational changes.

They are needed to respond to the

much changed circumstances in the

world.

The second major challenge in

crafting this bill was to cope with the

clear message of the American people

that financial undiscipline and massive

budget deficits were no longer acceptable.

The bill makes major cuts in the cost

of foreign affairs activities of our Government—cuts that are in line with the

sacrifices that other Government programs are being asked to make.

The program funding cuts in this bill

as responsible cuts—they are significant without being draconian.

If the program managers responsible

for executing our Nation’s foreign affairs programs set their minds to it, I

am convinced that our Nation’s foreign

affairs interests can be fully protected,

as these funding cuts are made.

The administration has launched its

own strategic management initiative,

which it claims will reinvent government.
H 5404 CONGRESSIONAL RECORD — HOUSE May 23, 1995

Unfortunately, the results of that

reinventing government effort, have

been very disappointing.

Too may good ideas have been rejected or compromised away.

There are many people in the foreign

affairs agencies who have tried to get

agency management to stop the waste

of public funds and to make cuts in the

agencies’ operations.

There are people in the State Department, for instance, who questioned the

need for us to have more State Department political officers in Belize than

the Government of Belize has in its

own foreign ministry.

Proposals have been made to cut

back on these overly expensive programs, but the proposals have been rejected.

There just has not been the will at

the senior level to make the hard decisions that are inherently necessary if

we are ever to balance the budget.

Now with the cuts in funding in this

bill, and the cuts that I am sure will be

contained in the appropriations bills,

these changes are coming.

I think that in the end, with the

leaner and more efficient foreign policy

program that will emerge from this

bill, our country will be better off.

I, therefore, urge all Members to support this bill.

Mr. GILMAN. Mr. Chairman, I thank

the gentlewoman from Florida [Ms.

ROS-LEHTINEN] for her remarks in support of the bill.

Mr. Chairman, I yield 4 minutes to

the gentleman from California [Mr.

KIM], a senior member of our Committee on International Relations.

(Mr. KIM asked and was given permission to revise and extend his remarks.)

Mr. KIM. Mr. Chairman, I rise in support of H.R. 1561, the American Overseas Interests Act.

This bill represents a much needed

reduction in foreign aid spending and

an overhaul in the bureaucracy.

Over the next 7 years, the plan outlined in this bill will save the American taxpayer $24 billion.

And, it will do so without jeopardizing key American foreign policy and

our national security interests.

H.R. 1561 is designed to replace our

current 1950’s-vintage cold war foreign

policy system with a modern model

that looks ahead and meets the challenges of the 1990’s and beyond.

The bill accomplishes this goal

through two responsible reform packages: The first, America’s foreign affairs bureaucracy: will be streamlined

today, there is just too much duplication, overlap and waste among the four

major foreign policy agencies. Look

how confusing this is. H.R. 1561 eliminates three of these players—the Agency for International Development, the

U.S. Information Agency, and the

Arms Control and Disarmament Agency, and consolidates all of their responsibilities in the State Department.

This makes sense as the Secretary of

State is the President’s No. 1 foreign

policy adviser. The result is more effective management, elimination of

waste, and the ability to cut spending

by $1.1 billion next year alone. Over 7

years it will save taxpayers $3 billion.

The second part of the bill’s reform

package is an overhaul of foreign aid

spending:

Over the next 7 years, foreign aid

spending will be cut by $21 billion.

These cuts are being made in a responsible way. They target waste and

low-priority programs. Here is a sampling of the kind of wasteful spending

we’re eliminating: International Copper Study Group, International Cotton

Advisory Group, International Seed

Testing Association, International

Rubber Study Group, and International

Wheat Council.

Important programs that directly

support American national security interests will continue to receive strong

support. They include: narcotics control, anti-terrorism, nuclear disarmament, and Middle East Peace.

Through this bill, Americans will

continue to be caring and compassionate to the truly needy. For example, the bill sets aside: Two hundred

and eighty million dollars for Child

Survival programs, $25 million for Vitamin A and other nutritional programs, and $15 million for the tropical

disease prevention program.

Mr. Chairman, this is carefully crafted legislation that will provide the

most cost-effective foreign policy benefit to the United States. I urge my colleagues to support this bill.

Mr. GILMAN. Mr. Chairman, I thank

the gentleman from California [Mr.

KIM] for his supporting remarks in

favor of this measure.

Mr. HAMILTON. Mr. Chairman, I

yield 4 minutes to the distinguished

gentleman from Maryland [Mr. WYNN].

Mr. WYNN. Mr. Chairman, I would

like to thank the ranking member for

yielding me an opportunity to speak.

Mr. Chairman, I rise to oppose this

bill. I think it is a major retreat from

our responsibilities as a world leader.

As a sole remaining superpower in the

world, the United States has the responsibility and an important opportunity to exert leadership on the world

stage. The opportunity is in shaping

the world to reflect our democratic

ideals and principles so that we have a

world of open societies and open markets. The responsibility is in providing

leadership, strength, interest and humanitarian assistance.

Mr. Chairman, we have already seen

what can happen when the United

States withdraws from the global

stage. If we choose to run away from

our responsibilities and commitments,

the rest of the world may come calling.

They may visit us, in fact, in some violent and terroristic ways.

Now there are those in Congress who

believe we are spending too much and

that the price of being a superpower is

too high. They prefer the rhetoric to

the price tag. I disagree.

We have heard how they are going to

save money through this bill. Let me

emphasize in the first instance the reorganization saves no money. They

move around little boxes on a chart,

but in the final analysis those responsibilities are only moved to another

agency where they will be performed

there. It is only an expansion of bureaucracy.

They suggest that somehow they

have a mandate to shrink our foreign

commitments based on the November

elections. The University of Maryland

recently conducted a study of Americans on foreign aid, and what they

found is that Americans actually do

support foreign aid. It is just that they

believe we are spending a lot more than

we really are.

When Americans were asked how

much the U.S. spends on foreign aid,

the average answer was we are spending about 15 percent of the Federal

budget on foreign aid. When asked how

much they felt would be an appropriate

figure, they said about 5 percent.

Let me set the record straight. Right

now we are only spending 1 percent, so

in actuality, when we educate the

American public, we find that their expectations of our role in world leadership and our actual expenditures are in

fact in line.

There is simply a lot of reasons why

we should support foreign aid. I would

like to talk about two reasons in particular.

The cuts in this bill for Africa would

force us to shut down many of the programs which help make countries—

which help countries making a difficult

transition from democracy to democracy and to open economies from communism. It will hurt our efforts to

open markets in countries such as

Ghana, where United States exports

have doubled in recent years. It will

harm efforts to slow population growth

where we have succeeded in Kenya and

Zimbabwe, and it will undermine future efforts to prevent humanitarian

disasters such at those of Somalia,

Rwanda, and Angola.

In addition to harming our efforts in

Africa. the bill would also harm our

ability to support our Latin American

and Caribbean neighbors. This bill cuts

aid to that region by 25 percent, keeping in mind we are only spending 1 percent of the national budget on foreign

aid. Political reforms in the Western

Hemisphere and resulting economic

stability have encouraged the strengthening of economic ties between this region and the United States. Trade is a

winning proposition between the United States and Latin America and the

Caribbean. It is the fastest growing export market in the world for our goods.

It is the only region where the United

States enjoys a trade surplus.

Open markets will also promote economic development in poor Latin

American and Caribbean countries.

This will help stem the flow of illegal

immigration to the United States.

Finally, foreign aid in the form of

preventive diplomacy and international affairs will be our least costly
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5405

and most effective line of defense.

Many Americans have sacrificed, some

have even died, for our role as a world

leader. Now is not the time to abdicate

that role. Leadership does have a price

tag. But I think, once the American

people understand that that price tag

is really a small proportion of our

budget, they will support our current

aid priorities and will leave us to continue tour role as a true world leader.

Mr. HAMILTON. Mr. Chairman, I

yield 2 minutes to the distinguished

gentleman from Indiana [Mr. ROEMER].

(Mr. ROEMER asked and was given

permission to revise and extend his remarks.)

Mr. ROEMER. Mr. Chairman, I thank

the distinguished ranking member, the

gentleman from Indiana [Mr. HAMILTON], who we in Indiana are very proud

of, and I congratulate the new chairman of the committee for his hard

work on this bill. I would like to focus

in my 2 minutes attention a little bit

more on the problem in Chechnya. I

know that this is a very foolhardy and

brutal war that the Russians are conducting in Chechnya. It threatens the

internal efforts the Russians are making toward democracy in a free market

system.

b 1515

It almost threatened the Russians’

ability to gain access to the $6.2 billion

loan that they acquired through the

International Monetary Fund, which

the United States is the largest guarantor of. We cannot allow the Russians

to continue to spend in some estimates

up to $2 billion to fight a war that is

foolish, that is brutal, and that contains a host, a myriad, of human rights

violations.

Mr. Yeltsin in a recent meeting with

President Clinton in Russia backtracked on his commitment to end this

war. He said, first, this is an internal

matter, and, second, there is no war

there. We are merely confiscating some

weapons. Nothing is going on. Nobody

is being hurt, nobody is being killed.

It is in the direct United States foreign policy interests to end this war

and have a proactive and constructive

relationship with Russia. I will hope to

offer two amendments, first, a sense of

the Congress condemning this ongoing

Russian war in Chechnya; second, an

amendment that will cut 10 percent of

aid to Russia, to send them a very

strong signal that we think Mr. Yeltsin

should not say this is an internal matter, he should not say this is

confiscating weapons. This is a foolhardy and brutal war that must end

now.

Mr. HAMILTON. Mr. Chairman, I

yield myself such time as I may

consume.

Mr. Chairman, this is not an ordinary

authorization bill. I think all of us

would agree that these are not ordinary times and that the President and

the Congress face extraordinary new

challenges in this post-cold-war period,

threats posed by Iran and Iraq, Bosnia,

Russia, NATO expansion, Middle East

peace, non-proliferation, and population growth. These are some of the

problems that confront the President

and the Congress. They are very formidable challenges.

I think the key question we ought to

ask ourselves as we engage in this debate is does the bill give the President

the means to confront the challenges

to American foreign policy that now

exist? Does it enable the President of

the United States to do what all of us

want him to do, and that is to lead in

the world?

I will oppose this bill for three reasons: First, I oppose it because it mandates reorganization of the foreign policy bureaucracy. I do not believe that

the proponents of the bill have provided us any rationalization for this reorganization. We have had very little

time to consider the implications of

the reorganization proposal, and, so far

as I am able to see, as indeed one of the

members of the majority on the committee acknowledged in debate, is that

the bill merely shuffles boxes on a

chart. It represents micro-management

by the legislative branch of the executive branch without any evidence of

cost saving or benefit to U.S. foreign

policy.

So far as I can see, there is no relationship between the reorganization

plan presented in this bill and the problems with the making and implementation of American foreign policy, which

surely exists. But there is no tie between those problems and the

reorganizational changes that are

made here. It is reorganization for reorganization’s sake.

USIA, ACTA, and AID have missions

and expertise that are really quite distinct from the Department of State.

These missions serve U.S. interests and

would likely be lost, or at least diminished, in a massive new State Department bureaucracy.

Let me simply call to the attention

of my colleagues that what this bill

does is create a massive State Department. It doubles the number of employees in the State Department. It triples

the budget of the State Department.

And that is a Department, to put it

kindly, that has not been known for its

management efficiencies. But we are

doubling it and tripling it in size.

Rather than make foreign policy more

coherent, I think you really just create

a massive Department and you diminish important voices like USIA, ACTA,

and AID.

It is worth noting that the Clinton

administration has already made some

significant changes, streamlining,

achieving reductions, and cost savings.

I think I would be among the first to

acknowledge that they have not done

enough and we should press them to do

more. But the Congress of the United

States should not be telling the executive branch how to organize its business. Basically what we should tell

them is we will support them so long as

they do things right, we will criticize

them when they are wrong, and we will

look to results. But we should not tell

a President how he is organizing his

own executive branch, at least under

ordinary circumstances.

If you compare this reorganization

that is taking place in the foreign policy establishment with the kind of reorganizations that have taken place in

the Defense Department, and are now

taking place in the intelligence community, you can see that there simply

is no comparison, there is no rationale

here, there is no Bottom-Up Review.

There is no time for consideration of

the proposals, and I simply do not have

a good idea of what this reorganization

will do to the operation of American

foreign policy.

Now, the second reason that I oppose

this bill is because it cuts drastically

the resources this President, or any

President, has to conduct American

foreign policy. I do not think it is an

exaggeration to say that the bill will

force the United States out of the game

as a player in major parts of the world.

If we are not permitted to put up the

resources, then we are not going to be

able to lead.

Several speakers have pointed out

the advantages that come from foreign

assistance. Foreign assistance is one of

the tools that a President of the United

States has in the conduct of American

foreign policy. Those tools, of course,

include military power, diplomacy,

economic power, trade, and foreign aid.

And not for a minute would I put foreign aid as among the most important

tools of a President, but in certain circumstances it can be a very important

tool. It can promote U.S. security and

reduce U.S. defense spending, because

it costs less to address problems before

they become threats to U.S. security.

Foreign assistance, for example, enabled us to persuade Ukraine, Belarus,

and Kazakhstan to become nonnuclear

weapons States. Foreign assistance directly benefits the United States.

Eighty percent of the aid procurement

goes directly to American firms and

nongovernmental organizations, creating, I might say, jobs in America.

Foreign assistance has certainly developed markets and increased U.S. exports. Most of the growth in United

States exports today come from the developing world, in countries such as

those in the former Soviet bloc, which

are now in a transition to a free market.

We agree with our colleagues on the

other side of the aisle that the time

calls for reduced government. We agree

that savings can be made in this budget. But we think that it has been cut

far too much with the proposals in this

bill.

Foreign assistance has been cut 40

percent in the last decade. There are

very few accounts in the Federal Government’s budget that have been cut

more than the foreign assistance budget in the last 10 years.

In 1985, foreign assistance was 2.5 percent of the budget. Today it is approximately 1 percent. We all know that the
H 5406 CONGRESSIONAL RECORD — HOUSE May 23, 1995

Federal budget cannot be balanced by

deep cuts in foreign aid which, as other

speakers have said, represents less

than 1 percent of the Federal spending.

But let me just put on the record the

degree of cuts that this bill provides.

In developmental assistance, $442

million. That is 34 percent below what

the President says he needs. The Development Fund for Africa has been cut

$173 million. That is 21 percent below

the President’s request. Assistance for

Latin America and the Caribbean has

been cut by approximately $213 million.

That is 25 percent below the President’s request. Assistance for Eastern

Europe and the Baltics has been cut by

$155 million. That is about 32 percent

below the President’s request. Cuts for

the New Independent States in the Soviet Union have been cut $145 million.

That is 18 percent below the President’s request. Cuts for contributions

to international organizations have

been cut $209 million. That is 14 percent below the President’s request.

Now, I am prepared to stipulate that

we do not need to give everything to

the President that he has requested

here. I myself favor some reductions.

But these cuts in this bill I think you

would acknowledge are very dramatic,

draconian cuts. Keep in mind, these

cuts are only the first installment, because as you go down the line under

the House budget resolution, the cuts

become much deeper and much more

extreme. The result, I think, is that

you seriously undermine the President’s ability to use one of the important tools that he has available in the

conduct of American foreign policy.

Now, the third reason I oppose this

bill is that it includes many provisions,

policy provisions, that restrict a President’s ability to conduct foreign policy. It reduces our ability to follow

through on the North Korean framework agreement. It derails our steady

support for democratic and market reform in the New Independent States. It

weakens our leverage in the international institutions. It changes our

refugee policies in ways that threaten

to open up our borders to tens of thousands of new immigrants.

Many of these provisions in the bill

are complicated, vague, and ambiguous. On several occasions the sponsors

of the amendments could not tell us

what countries would be affected other

than perhaps a specific country that

was specifically targeted.

We simply do not know the impact of

many of these amendments. And while

it can be said that any one of these

amendments may very well have merit,

the fact is that when you put all of

these amendments together in this bill,

dozens of them, dozens of amendments,

the cumulative effect of those amendments is you tie a President’s hands in

knots when he tries to conduct American foreign policy.

This bill ties the hands of the President in China. It undermines the 1982

United States-China agreement on

arms sales to Taiwan. It eliminates the

President’s discretion to decide what

leaders from Taiwan may visit the

United States. It mandates a special

envoy to Tibet.

The bill ties the President’s hands on

Russia. It requires a cutoff of assistance if the President cannot certify

improved Russian behavior in

Chechnya, if a country sells nuclear

equipment, dual use items or military

equipment to Iran or other states on

the terrorism list. Not only will this

sweeping provision cut off all assistance to Russia, which has been a critical component of American policy, it

almost certainly would cut off assistance to Poland, Hungary, and several

other Eastern European states.

This bill requires the cutoff of assistance to any country that blocks the delivery of humanitarian assistance.

That probably cuts off aid to Turkey.

It could very well cut off aid to Israel.

If Israel decides for security reasons,

for example, to stop a single shipment

to Gaza or Jericho, its aid would have

to be cut off. Because of the Greek embargo on the former Yugoslav Republic

of Macedonia, this provision could potentially lead to a cutoff of assistance

to Greece.

b 1530

The bill opens wide the door for a

vast expansion of illegal immigrants,

especially from the People’s Republic

of China. By offering asylum to victims

of coercive populations programs, the

bill offers political asylum to millions

of Chinese. This provision will facilitate Chinese alien smuggling into the

United States. The bill requires the

United States to admit and help resettle elsewhere all Vietnamese, all Laotians, all Cambodian refugees who have

failed to qualify for resettlement.

Mr. Chairman, the bill prohibits assistance to countries that consistently

oppose the United States in the U.N.

General Assembly. That could be a slap

at a number of countries, for example,

India, and also hurts countries too poor

to have an ambassador resident in New

York to vote.

This bill prohibits United States assistance to countries that engage in

nonmarket trade with Cuba. That

could be applied to Russia. It might be

applied to Mexico. I am told it might

even apply to Ireland.

This bill not only makes deep cuts in

development assistance and the development for Africa, but it earmarks

two-thirds of what is left for a very

worthy purpose: child survival resources, which all of us support. But as

you diminish the total number of resources in the bill and then earmark

two-thirds of what is left, it means you

reduce money for microenterprise lending, agriculture, family planning and

health.

Well, the President then is going to

be severely restricted by the passage of

this bill, and this bill is going to be

seen across the world as a retreat from

our ability to lead. It signals a retreat

from world leadership and a stepping

back from world responsibilities.

I really do not think that this House

wants to send that message to the

world today. This debate is not really

about shuffling boxes in a reorganization scheme or cutting bureaucracies.

It is about the President’s ability to

carry out his constitutional role to

conduct American foreign policy. I believe this bill undermines our ability

to support America’s security, to advance America’s interests, and to lead

in the world.

We are the world’s only superpower.

We have today an extraordinary opportunity, an unprecedented opportunity

to shape the world, to open up societies, and to develop free markets. But

we cannot do it, we cannot do it if we

impose draconian cuts on resources and

we engage in an assault on the President’s power to conduct American foreign policy.

For these reasons, my colleagues, I

urge a ‘‘no’’ vote on the bill.

I. INTRODUCTION

This is not just an ordinary authorization bill,

and these are not ordinary times. The cold

war is over, but we face new challenges:

Bosnia, Russia, NATO expansion, Middle East

peace, threats posed by Iran and Iraq, nonproliferation, and population growth. These are

problems that this President is confronting,

and that the next President—Republican or

Democrat—will also confront.

As we engage in debate and deliberation on

H.R. 1561, I think we should be asking this

basic question: Does this bill give the President the means to confront the challenges we

face in the world today?

II. WHAT’S IN THIS BILL

Bill summary—This bill has three components: First, it abolishes three agencies—AID,

USIA, and ACDA—and rolls them into the

State Department. This bill creates a massive

State Department super-bureaucracy, doubling

the number of employees and tripling the

budget managed by the Department, without

providing either cost-savings or improvement

in foreign policy performance.

Second, this bill cuts international programs

by $2 billion below the President’s request,

and $1 billion from fiscal year 1995 appropriations. Foreign aid is hit hardest.

Third, this bill is replete with policy restrictions and earmarks that hamstring the President. In country after country, this bill subjects

important bilateral relationships to a singleissue litmus test. It sets a new standard for

micromanagement and poorly-drafted provisions.

III. PROBLEMS WITH THE BILL

A. Reorganization—I will oppose this bill because it mandates reorganization of the foreign policy bureaucracy.

Proponents have provided no rationale for

the reorganization. The committee had little

time to study the proposal and little consideration was given to its implications.

This bill merely shuffles boxes on a chart. It

represents micromanagement without any evidence of cost-saving or benefit to U.S. foreign

policy.

There is no relationship between the reorganization plan in this bill and the problems we

confront in the world. There is no effort to tie

these reorganization proposals to any improvement in American foreign policy.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5407

USIA, ACDA, and AID have missions—and

expertise—quite distinct from the State Department. These serve U.S. interests and

would likely be lost in a massive new State

Department.

Rather than make foreign policy more coherent, reorganization will simply create a

massive State Department bureaucracy, doubling the number of employees and tripling the

current budget. All this in an agency notoriously weak on management.

Under the Clinton administration, the foreign

policy agencies are already streamlining and

achieving significant reductions and cost-savings. Under the Clinton administration, staff already has been reduced by 2,300 in these foreign policy agencies, contributing to $500 million in cost savings so far. The administration

has pledged to cut another $5 billion from the

international affairs budget from 1997 through

the year 2000.

Yet the Congressional Budget Office has

not done any study on the potential cost savings that would result from the consolidation

mandated by this bill.

Compare this consolidation to the comprehensive review of the Pentagon under one

of our former colleagues, Les Aspin, whose

passing we mourn this week. Compare this bill

to the comprehensive review of intelligence

community now underway in the Administration.

There is no comparison. There is no rationale, no Bottom-Up Review behind this reorganization proposal. I have looked at this bill,

and I simply do not have a good idea what it

will do to the operation of American foreign

policy.

Reorganization is a needless distraction

from the real issues facing American foreign

policy. It is a drain on the resources of senior

officials who should be devoting their time and

talent to the genuine problems of U.S. foreign

policy.

B. Cutting resources—the second reason I

will oppose this bill is that it cuts drastically the

resources this President—or any President—

needs to conduct U.S. foreign policy.

This bill will force the United States out of

the game as a player in major parts of the

world. The United States cannot lead without

resources.

Foreign assistance promotes U.S. security

and reduces defense spending because it

costs less to address problems before they

become threats to U.S. security. Foreign assistance, for example, enabled us to persuade

Ukraine, Belarus and Kazakhstan to become

non-nuclear weapons states.

Foreign assistance benefits the United

States directly. Nearly 80 percent of aid procurement goes directly to American firms and

non-governmental organizations.

Foreign assistance develops markets and

increase U.S. exports. Most growth in U.S. exports comes from the developing world, and

countries—such as those in the former Soviet

bloc—that are now in transition to a free market.

We agree with our colleagues in the majority that the times call for reduced government.

We agree that savings can be found in the

international affairs budget.

But foreign assistance has already been cut

by 40 percent in the last decade. In 1985, foreign assistance was 2.5 percent of the budget.

Today it is 1 percent. The Federal budget cannot be balanced by deep cuts in foreign aid,

which represents less than 1 percent of Federal spending.

This bill: Cuts development assistance by

$442 million, or 34 percent below the President’s request; cuts the Development Fund for

Africa by $173 million, or 21 percent below the

President’s request; cuts assistance for Latin

America and the Caribbean, according to the

administration’s best estimates, by $213 million, or 25 percent below the President’s request; cuts assistance for Eastern Europe and

the Baltics by $155 million, or 32 percent

below the President’s request; cuts assistance

for the New Independent States of the former

Soviet Union by $145 million, or 18 percent

below the President’s request; and cuts our

contributions to international organizations by

$209 million, or 14 percent below the President’s request.

Further cuts in foreign assistance are necessary, and appropriate. But the cuts in this

bill are wrong, they are extreme, and they are

draconian.

C. Policy provisions—The third reason I will

oppose this bill is that it includes many policy

provisions that restrict the President’s ability to

conduct foreign policy.

It reduces our ability to follow through on

the North Korean framework agreement.

It derails our steady support for democratic

and market reform in the new independent

states.

It weakens our leverage at the United Nations and in other international institutions.

It changes our refugee policies in ways that

threaten to open up our borders to tens of

thousands of new immigrants.

Many of these provisions are complex,

vague, and ambiguous. Many of the sponsors

could not say what countries their amendments would affect, other than the country

specifically targeted. We do not know a lot

about the impact of these amendments. Any

single amendment may have merit, but the cumulative effect is to tie the President in knots.

This bill ties the President’s hands on

China. It undermines the 1982 U.S. agreement

with China on arms sales to Taiwan; eliminates the President’s discretion to decide

which leaders from Taiwan may visit the United States; and mandates a U.S. special envoy

on Tibet.

This bill ties the President’s hands on Russia. It requires a cutoff of assistance if the

President cannot certify improved Russian behavior in Chechnya; and, if a country sells nuclear equipment, dual-use items or military

equipment to Iran or other states on the terrorism list.

Not only would this sweeping provision cut

off assistance to Russia, it would almost certainly cut off assistance to Poland, Hungary,

and several other friendly countries in Eastern

Europe.

This bill requires the cutoff of assistance to

any country that blocks the delivery of U.S.

humanitarian assistance. This will cut off assistance to Turkey. It could cut off assistance

to Israel if Israel decides for security reasons

to stop a single U.S. shipment to Gaza or Jericho. Because of the Greek embargo of the

former Yugoslav Republic of Macedonia, this

provision could potentially lead to a cutoff of

U.S. assistance to Greece.

This bill will open the door wide for a vast

expansion of illegal immigrants, especially

from the People’s Republic of China. By offering asylum to ‘‘victims of coercive population

programs’’, the bill offers political asylum to a

billion Chinese. This provision will facilitate

Chinese alien smuggling to the United States.

This bill requires the United States to admit

or help resettle elsewhere all Vietnamese,

Laotians, and Cambodian refugees who have

failed to qualify for resettlement.

This bill prohibits assistance to countries

that consistently oppose the U.S. position in

the U.N. General Assembly. This is a slap to

India, and also hurts countries too poor to

have an ambassador resident in New York to

vote.

This bill prohibits U.S. assistance to countries that engage in non-market trade with

Cuba. This could be applied to Russia, Mexico, and even Ireland.

This bill not only makes deep cuts in development assistance and the Development of

Africa, it earmarks two-thirds of what’s left. It

increases child survival resources, which we

all support, but takes away resources for other

important programs—microenterprise lending,

agriculture, basic education, and family planning and health.

IV. CONCLUSION: FUNDAMENTAL QUESTIONS

The President has a handful of tools with

which to conduct foreign policy and protect national security: he can use military force, he

can use diplomacy, he can use economic leverage, and he can use foreign assistance. If

we pass this bill, we will be limiting his ability

to use three of those tools.

The bottom line is simple: This bill signals a

retreat from world leadership, a stepping back

from world responsibilities.

I don’t think that is the message this House

wants to send to the world. This debate is not

really about shuffling boxes, or cutting bureaucrats. It is about the President’s ability to carry

out his constitutional role to conduct American

foreign policy.

I believe this bill undermines our ability to

support America’s security, to advance America’s interests, and to lead in the world. We are

the world’s only superpower. We have an extraordinary opportunity to shape the world—

open societies and free markets. But we cannot do it if we impose draconian cuts on resources and engage in an assault on the

President’s authority to manage and to conduct American foreign policy.

I urge a ‘‘no’’ vote on this bill.

Mr. GILMAN. Mr. Chairman, I yield 3

minutes to the gentleman from Indiana

[Mr. BURTON], the distinguished chairman of our Subcommittee on the Western Hemisphere.

Mr. BURTON of Indiana. Mr. Chairman, I thank the gentleman for yielding time to me. I hate to rise and oppose my good friend and colleague from

Indiana, but I think there are some

things that should be pointed out.

He said in his very eloquent speech

just a moment ago that this bill is

going to hurt our security and hurt the

President’s ability to conduct foreign

policy. The President just got back

from Moscow. When he went to Moscow

he was going to say something to the

Russian President, Mr. Yeltsin, about

selling nuclear technology to Iran. And

he was also going to talk about the

atrocities that are taking place in

Chechnya at the hands of Russian

troops and try to get that stopped. Neither of those policies were reversed by

the Russian Government.
H 5408 CONGRESSIONAL RECORD — HOUSE May 23, 1995

The Russian leaders said in a joint

press conference, in effect, keep your

nose out of our business, just keep the

foreign aid coming. And they are going

to go ahead and sell nuclear technology

to the Iranians who want to build an

international ballistic missile system

or at least short-range missile systems

to enhance their power in that part of

the world. They want to have the nuclear technology so they can build nuclear warheads, and we are allowing

them to be sold. Our President was not

able to stop that.

Now, how are we hurting national security when our leader goes over there

and cannot get the job done? The way

we deal with it is for Congress to send

a message. The Congress is sending a

message in this bill. We are saying to

the Soviets, you sell that technology

to the Iranians and there is a penalty

that is going to be incurred. The security of the world is at risk because we

have a bunch of nuts over there in Iran

running that country. We know about

their terrorist activities.

Now regarding the requirement in

the bill that says that, if you do not

vote with the United States at least 25

percent of the time, get that, 25 percent of the time in the United Nations,

we are not going to give you foreign assistance. Does that sound unreasonable?

Is it unreasonable for the American

taxpayers’ dollars not going to a country that only votes with us 25 percent

of the time? I mean, if you ask anybody in this country, do you think

your tax dollars should go to a country

that votes against us over 75 percent of

the time in the United Nations every

time we have a major issue, they would

say, heck no. They ought to vote with

us at least 50 percent of the time. This

bill only says 25 percent of the time.

There are countries that will be penalized because they vote against us all

the time, and they are getting hundreds of millions of dollars of taxpayers’ money. That is wrong.

This bill is a good bill, it is well balanced. It sends a very strong signal

around the world and to the administration as well: Be strong in foreign

policy and we are going to be strong.

Mr. HAMILTON. Mr. Chairman, I

yield 4 minutes to the distinguished

gentleman from New Jersey [Mr.

MENENDEZ].

(Mr. MENENDEZ asked and was

given permission to revise and extend

his remarks.)

Mr. MENENDEZ. Mr. Chairman, I

thank the gentleman for yielding time

to me.

Mr. Chairman, I rise in strong opposition to H.R. 1561. I am afraid that the

title of the bill should not be the American Overseas Interests Act. It should

be really called the American Overseas

Isolationist Act of 1995.

Just yesterday the Speaker of the

House said in a speech before the Council of the Americas that Republicans

are not neoisolationists. He said that

America must listen, learn, help, and

lead. But this bill belies that statement. Were it to pass, it would demonstrate that a majority of Republicans in this House are indeed isolationists.

Mr. Chairman, in this bill we are not

listening, as the Speaker suggested.

The other nations of the world are listening, and the message they hear is

‘‘stay engaged.’’ But that message has

fallen on deaf ears to many in this

Chamber. It is hard to understand my

friends on the other side of the aisle.

They are big promoters of international trade, but they do not want to

stay engaged in a manner that provides

the stability for that trade to take

place.

They do not want the United Nations

to lead, but they do not want America

to lead either. So who leads?

Mr. Chairman, in this bill we are not

learning either. During the post-WorldWar-II era, America was at her best

when she did learn the lessons of war.

America helped to rebuild the free

world and organize the most awesome

alliance for peace and freedom the

world has ever known. It led that alliance to victory over communism during the cold war. But now that the cold

war is over, we want to stick our heads

in the sand and wish all of the world’s

problems away. Instead of sewing the

seeds for economic prosperity, we are

seeking massive cuts in programs that

promote development, U.S. economic

interests, and the sales of American

products abroad.

Take a look at the Japanese approach in their own backyard, the

Asia-Pacific region. Right now the Japanese Government is busy priming the

pumps of the emerging Asian developing countries with huge amounts of development assistance. They do not consider them handouts. These are investments that are going to lock in, for the

Japanese, tremendous economic benefits in terms of exports of goods and

services for the Japanese well into the

21st century.

They gave $5 billion alone to that region, but it paid off handsomely for

them. They grew their exports by 57

percent to $145 billion. We are not

doing the same. We are falling behind,

and I am concerned that that gap will

create a tremendous problem for us in

our exports, which means jobs here at

home.

Export growth is not a luxury we can

do without. It is a requirement for the

basic health of our domestic economy.

It is a requirement for the basic health

of our domestic economy. It is a requirement if we are to provide American workers with high-paying, highskilled jobs.

Mr. Chairman, in this bill we are not

helping either. Quite the contrary, we

are sending a clear message to the

world and to our allies that we do not

want to help and that we prefer to look

inward.

Finally, Mr. Chairman, in this bill we

have no intention of leading. After

spending trillions of dollars in conflicts

throughout the world, we are about to

withdraw. When has America ever been

afraid to lead?

America has been the greatest and is

the greatest, most powerful country in

the world. Not only can it lead, it must

lead. My colleagues, let us really do

what Speaker GINGRICH suggested, listen, learn, help, and lead.

Vote this bill down. I urge a ‘‘no’’

vote on the America Overseas Isolationist Act of 1995.

Mr. HAMILTON. Mr. Chairman, I

yield 4 minutes to the distinguished

gentleman from Florida [Mr. JOHNSTON], an important member of the

committee.

Mr. JOHNSTON of Florida. Mr.

Chairman, I rise in very vigorous and

strong opposition to House Resolution

1561. The foreign assistance bill represents, as my previous speaker said, a

return to isolationism. This is at its

height. I really feel that I am in a time

warp going back to the early 1920’s

when Henry Cabot Lodge, Sr. got us

out of the League of Nations. We are

now becoming the isolationist country

of the world.

We live in a unipolar world. The

United States is the lone remaining superpower on Earth. Our actions will

profoundly affect the nature of the

world in which we live.

U.S. foreign assistance supports historic traditions to free market democracies, which are occurring across the

globe. As the previous speaker said,

look what happened when we poured

into South Korea during all these years

in foreign assistance, and it is returning to us doubly now in the trade that

we have there.

The records show that democracies

do not go to war with democracies. And

the spread of democracy is directly in

the United States’ national security interests. The growth of market economies around the world, providing new

markets for United States exports, is

in the economic interest of the United

States.

Americans are, thankfully, a moral

people. We are our brother’s keeper,

and provision of humanitarian aid to

the world’s poorest people is in our

moral interest.

The severe cuts in the bill ignore

United States interests, moreover. I

am sure it has already been quoted but

let us go back and look at the New

York Times poll that was published 2

weeks ago. I am convinced that the

Contract for America was written by a

pollster, but he really missed the boat

on this one.

It found that Americans thought that

15 percent of foreign aid is too high and

too much, but 5 percent is about right

and 3 percent would be too little. We

are now giving less than 1 percent of

our budget to foreign aid.

I oppose many of the specific provisions in the bill. Consolidation will create one huge unwieldy

megabureaucracy. It will reduce accountability, shift the Secretary of

State’s attention from policy to program management and will wash down
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5409

and water down the specialized functions of each agency.

In particular, it will, by merging all

into the State Department, subsume

development priorities to the day-today management of diplomacy.

I vigorously oppose many of the provisions in the other sections of the bill.

Cut the population programs; you talk

about degradation of the environment;

wait until this comes along; Development assistance cuts and peacemaking

cuts will cripple our efforts in vital

areas.

But perhaps above all else, I oppose

the 22 percent slash in our assistance

to Africa. We now give $600 million to

600 million people. I believe that this

cut is immoral, will necessitate huge

future expenditures on preventive humanitarian prices. We could have

stopped the crisis in Somalia in which

we dropped $1.5 billion or the crisis in

Rwanda, where we dropped $600 million, if we had gotten in their earlier

with humanitarian assistance.

Mr. Chairman, I strongly urge a no

vote on this bill.

b 1545

Mr. HAMILTON. Mr. Chairman, I

yield 3 minutes to the distinguished

gentleman from New York [Mr. ACKERMAN].

(Mr. ACKERMAN asked and was

given permission to revise and extend

his remarks.)

Mr. ACKERMAN. Mr. Chairman, I

rise in reluctant opposition to this bill.

The legislation before us today represents a retrenchment of U.S. foreign

policy in the post-cold-war era. For the

past 40 years we fought the cold war

and we prevailed. Now a wave of neoisolationism has taken over and this

Congress is preparing to walk away

from our responsibilities as a world

leader. This bill is destructive not only

to the foreign policy apparatus of this

government, but the massive budget

cuts that will result from it are unwise

and shortsighted.

Furthermore, this bill proposes the

elimination of three agencies, without

even a hint of what the cost will be.

During the committee markup, an

amendment was offered that is totally

consistent, even with the Contract

With America, requiring a cost-benefit

analysis of the proposal so Congress

may understand the costs that we are

about to incur as a result of adopting

this consolidation legislation. Unfortunately, the majority oppose the costcutting benefit proposal in a year when

they are otherwise zealously committed to its rigorous application in the

conduct of Government’s affairs. This

inconsistency is striking, to say the

least

On the foreign aid side of the ledger,

the bill offered today cuts development

assistance massively, with a 20-percent

cut alone for the development fund for

Africa. I vigorously oppose these cuts

at a time when, magically, there are

sufficient funds available to increase

foreign military sales within the bill. I

must wonder how we can have more for

military sales when the basic development accounts are being stripped bare.

Mr. Chairman, I am also deeply concerned about the future of aid to Israel.

Israel has taken great risks by undertaking the peace process with Jordan,

the Palestinians, and the Arab countries in the region. Yet, we are rapidly

moving towards isolating Israel, Egypt,

and the Middle East peace allocations

within a rapidly shrinking foreign aid

budget. This is a dangerous precedent

which will leave the Middle East peace

process hanging out, almost alone, vulnerable to future cuts when the peace

process may require larger, rather than

smaller, allocations in order to be implemented.

Mr. Chairman, I am glad that this

bill takes care of Israel this year. If it

is the intent to take care of the few to

the detriment of all others, I will not

but it. I will not be put in a position of

being for myself alone.

Mr. Chairman, during the past decade

we worked in a bipartisan fashion to

craft a foreign aid bill that could receive the support of both sides. Today

we have a bill that is designed to undermine our President and Secretary of

State by devastating cuts to our foreign policy agencies and to the worldwide assistance which serves to buttress U.S. foreign policy objectives.

Mr. Chairman, the destruction in this

bill may be popular with the majority

today, but the implications for tomorrow should give us pause before this

Congress enacts such shortsighted legislation.

Mr. Chairman, I urge the defeat of

this bill.

Mr. HAMILTON. Mr. Chairman, I

yield 3 minutes to the distinguished

gentleman from New Mexico [Mr. RICHARDSON].

(Mr. RICHARDSON asked and was

given permission to revise and extend

his remarks.)

Mr. RICHARDSON. Mr. Chairman,

first let me say that my opposition to

this bill, very categorically, does not

diminish the great respect I have for

the gentleman from New York, BEN

GILMAN, and his leadership on foreign

policy issues for many, many years. I

want to commend the gentleman from

Indiana [Mr. HAMILTON] once again for

being steadfast to the bipartisanship

that has always existed in our foreign

policy, and which, regrettably, seems

to be ending this year with political

documents, H.R. 7, and now this piece

of legislation.

Suffice it to say, Mr. Chairman, that

the Secretary of State of the United

States says that this bill ‘‘wages an extraordinary assault on this and every

future President’s constitutional authority to manage foreign policy.’’

That is pretty strong language. I believe we should pay heed to that language. We are strangling the Executive

Branch’s ability to conduct foreign policy.

What this bill does is virtually eliminate our opportunity to negotiate with

the North Koreans, which is happening

at this very moment on the nuclear

framework agreement. It eliminates

any kind of leverage that we would

have with the North Koreans, the

South Koreans, and all those participating in this very key initiative.

It limits the President’s ability to

deal with migration and refugee affairs

which is becoming increasingly important in this interdepartmental world.

On the shores of our own country, our

borders, this bill drastically restricts

our ability to deal with their issue. Our

relationship with China is jeopardized

by this bill, and our relationship with

the new independent states is jeopardized. This bill reduces the assistance

that we need to give them to keep

them not just market-oriented and

democratic, but moving in the direction that we want in terms of NATO

and the power relationship in Europe.

This bill also severely restricts the

President’s ability to reorganize the

foreign policy machine. This bill abolishes important agencies, including

AID, USDA, and USIA, that right now

conduct our foreign policy, and without any administration consultant. It

basically says we know best. We are

going to abolish them, and we are

going to decide what is best for the administration’s conduct of foreign policy.

Most importantly, Mr. Chairman,

this bill kills any kind of effort by the

United States to be involved in development assistance. The bill would reduce development assistance by 34 percent, cut Africa’s development assistance by 21 percent, a devastating cut,

at the same time that in Latin America we have halved our development assistance. We are no longer players in

that arena.

What would we have to do if this bill

is passed? The administration would be

forced to abruptly withdraw support

for programs in up to 20 lower-income

countries, beyond the 27 the administration is committed to terminating;

but by not engaging in the developing

world, we are simply arming Europe

and Japan to beat us in the world of

trade. This is not a good bill, and it

should be defeated.

Mr. HAMILTON. Mr. Chairman, as I

understand it, I have 1 minute remaining, and I yield that 1 minute to the

distinguished gentlewoman from New

York [Ms. VELA ́ ZQUEZ].

(Ms. VELA ́ ZQUEZ asked and was

given permission to revise and extend

her remarks.)

Ms. VELA ́ ZQUEZ. Mr. Chairman, I

rise in strong opposition to this bill.

This week the Republicans do for overseas interests what the new majority

has done for the domestic agenda. They

target assistance for the most needy,

while preserving billions of dollars for

military and security spending.

The promotion of peace and international development were once seen

as vital to global peace and prosperity.

They were also considered as important domestic priorities.
H 5410 CONGRESSIONAL RECORD — HOUSE May 23, 1995

This bill reverses those policies. It

cuts humanitarian assistance for education, AIDS prevention, and agricultural research; abolishes AID; and cripples international peacekeeping operations. It means death for hundreds of

thousands of innocent children in Africa, and many more civilian casualties

in the Balkans.

This so-called Overseas Interests Act

instead invests in arms. Billions more

are wasted on military hardware in the

Middle East—one of the most heavily

armed regions in the world.

The foreign assistance cuts will not

even make a dent in the deficit. Only 1

percent of the Federal budget is spent

on foreign aid. Even less goes towards

development assistance.

While the world calls out for opportunity and brotherhood, this bill offers

isolation and indifference. For international peace and prosperity, and domestic sanity, I urge my colleagues to

vote ‘‘no.’’

The CHAIRMAN. The time of the

gentleman from Indiana [Mr. HAMILTON] has expired.

Mr. GILMAN. Mr. Chairman, I yield

myself such time as I may consume.

(Mr. GILMAN asked and was given

permission to revise and extend his remarks.)

Mr. GILMAN. Mr. Chairman, I fully

agree with the gentleman from Indiana

[Mr. HAMILTON] that this bill makes

significant changes. My colleagues, if

you want to reduce the foreign aid

budget, I urge you to vote for this bill.

If you want to bring about savings in

our State Department budget by consolidating the three agencies of the

Federal Government, then vote for this

bill. If you support aid for

antiterrorism assistance, counter-narcotics programs,and assistance for stabilizing the Middle East, you should

vote for this bill. If you prefer the status quo, more bureaucracy and increased foreign aid spending, then your

vote is ‘‘no.’’ With the adoption of the

Brownback amendment, this bill will

be under budget. Secretary of State

Warren Christopher earlier this year

proposed consolidation. This bill will

make it happen. I urge my colleagues

to vote for this bill, the American

Overseas Interests Act.

Mr. GILMAN. Mr. Chairman, I yield

back the balance of my time.

The CHAIRMAN. All time for general

debate has expired.

Pursuant to the rule, the committee

amendment in the nature of a substitute, as modified, printed in the bill

is considered as an original bill for the

purpose of amendment, and is considered as having been read.

The text of the committee amendment in the nature of a substitute, as

modified, is as follows:

H.R. 1561

Be it enacted by the Senate and House of

representatives of the United States of

America assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American

Overseas Interests Act of 1995’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;

TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into

three divisions as follows:

(1) Division A—Consolidation of Foreign

Affairs Agencies.

(2) Division B—Foreign Relations Authorizations.

(3) Division C—Foreign Assistance Authorizations.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions;

table of contents.

DIVISION A—CONSOLIDATION OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title.

Sec. 102. Congressional findings.

Sec. 103. Purposes.

Sec. 104. Definitions.

TITLE II—UNITED STATES ARMS

CONTROL AND DISARMAMENT AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 201. Effective date.

Sec. 202. References in title.

CHAPTER 2—ABOLITION OF UNITED STATES

ARMS CONTROL AND DISARMAMENT AGENCY

AND TRANSFER OF FUNCTIONS TO SECRETARY

OF STATE

Sec. 211. Abolition of United States Arms

Control and Disarmament

Agency.

Sec. 212. Transfer of functions to Secretary

of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT

OF STATE RELATING TO FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 221. Reorganization plan.

Sec. 222. Coordinator for arms control and

disarmament.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 241. References.

Sec. 242. Repeal of establishment of agency.

Sec. 243. Repeal of positions and offices.

Sec. 244. Transfer of authorities and functions under the Arms Control

and Disarmament Act to the

Secretary of State.

Sec. 245. Conforming amendments.

TITLE III—UNITED STATES

INFORMATION AGENCY

CHAPTER 1—GENERAL PROVISIONS

Sec. 301. Effective date.

CHAPTER 2—ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

Sec. 311. Abolition of United States Information Agency.

Sec. 312. Transfer of functions to Secretary

of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT

OF STATE RELATING TO FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 321. Reorganization plan.

Sec. 322. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 341. References.

Sec. 342. Abolition of Office of Inspector

General of the United States

Information Agency and transfer of functions to Office of Inspector General of the Department of State.

Sec. 343. Amendments to title 5.

Sec. 344. Amendments to United States Information and Educational Exchange Act of 1948.

Sec. 345. Amendments to the Mutual Educational and Cultural Exchange

Act of 1961 (Fulbright-Hays

Act).

Sec. 346. International broadcasting activities.

Sec. 347. Television broadcasting to Cuba.

Sec. 348. Radio broadcasting to Cuba.

Sec. 349. National Endowment for Democracy.

Sec. 350. United States scholarship program

for developing countries.

Sec. 351. Fascell Fellowship Board.

Sec. 352. National Security Education

Board.

Sec. 353. Center for Cultural and Technical

Interchange between North and

South.

Sec. 354. East-West Center.

Sec. 355. Mission of the Department of

State.

Sec. 356. Consolidation of administrative

services.

Sec. 357. Grants.

Sec. 358. Ban on domestic activities.

Sec. 359. Conforming repeal to the Arms

Control and Disarmament Act.

Sec. 360. Repeal relating to procurement of

legal services.

Sec. 361. Repeal relating to payment of subsistence expenses.

Sec. 362. Conforming amendment to the

Seed Act.

Sec. 363. International Cultural and Trade

Center Commission.

Sec. 364. Foreign Service Act of 1980.

Sec. 365. Au pair programs.

Sec. 366. Exchange program with countries

in transition from totalitarianism to democracy.

Sec. 367. Edmund S. Muskie Fellowship program.

Sec. 368. Implementation of convention on

cultural property.

Sec. 369. Mike Mansfield Fellowships.

TITLE IV—AGENCY FOR INTERNATIONAL

DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

Sec. 401. Effective date.

Sec. 402. References in title.

CHAPTER 2—ABOLITION OF THE AGENCY FOR

INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

Sec. 411. Abolition of Agency for International Development and the

International Development Cooperation Agency.

Sec. 412. Transfer of functions to Secretary

of State.

CHAPTER 3—REORGANIZATION OF DEPARTMENT

OF STATE RELATING TO FUNCTIONS TRANSFERRED UNDER THIS TITLE

Sec. 421. Reorganization plan.

Sec. 422. Principal officers.

CHAPTER 4—CONFORMING AMENDMENTS

Sec. 441. References.

Sec. 442. Abolition of Office of Inspector

General of the Agency for

International Development and

transfer of functions to Office

of Inspector General of the Department of State.

Sec. 443. Abolition of Chief Financial Officer

of the Agency for International

Development and transfer of

functions to Chief Financial Officer Department of State.

Sec. 444. Amendments to title 5, United

States Code.

Sec. 445. Public Law 480 program.

TITLE V—TRANSITION

Sec. 501. Reorganization authority.

Sec. 502. Transfer and allocation of appropriations and personnel.

Sec. 503. Incidental transfers.

Sec. 504. Effect on personnel.

Sec. 505. Voluntary separation incentives.

Sec. 506. Savings provisions.

Sec. 507. Property and facilities.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5411

Sec. 508. Authority of Secretary to facilitate

transition.

Sec. 509. Recommendations for additional

conforming amendments.

Sec. 510. Final report.

Sec. 511. Severability.

DIVISION B—FOREIGN RELATIONS

AUTHORIZATIONS

TITLE XX—GENERAL PROVISIONS

Sec. 2001. Short title.

Sec. 2002. Definitions.

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF

STATE AND CERTAIN INTERNATIONAL

AFFAIRS FUNCTIONS AND ACTIVITIES

CHAPTER 1—AUTHORIZATIONS OF

APPROPRIATIONS

Sec. 2101. Administration of Foreign Affairs.

Sec. 2102. International organizations, programs, and conferences.

Sec. 2103. International commissions.

Sec. 2104. Migration and refugee assistance.

Sec. 2105. Certain other international affairs

programs.

Sec. 2106. United States informational, educational, and cultural programs.

Sec. 2107. United States arms control and

disarmament.

TITLE XXII—DEPARTMENT OF STATE

AUTHORITIES AND ACTIVITIES

CHAPTER 1—AUTHORITIES AND ACTIVITIES

Sec. 2201. Revision of Department of State

rewards program.

Sec. 2202. Authorities of Secretary of State.

Sec. 2203. Buying power maintenance account.

Sec. 2204. Expenses relating to certain international claims and proceedings.

Sec. 2205. Consolidation of United States

diplomatic missions and consular posts.

Sec. 2206. Denial of passports to

noncustodial parents subject to

state arrest warrants in cases

of nonpayment of child support.

Sec. 2207. Capital investment fund.

Sec. 2208. Efficiency in procurement.

Sec. 2209. Training.

CHAPTER 2—CONSULAR AUTHORITIES OF THE

DEPARTMENT OF STATE

Sec. 2231. Surcharge for processing certain

machine readable visas.

Sec. 2232. Fingerprint check requirement.

Sec. 2233. Use of certain passport processing

fees for enhanced passport services.

Sec. 2234. Consular officers.

CHAPTER 3—REFUGEES AND MIGRATION

Sec. 2251. United States emergency refugee

and migration assistance fund.

Sec. 2252. Persecution for resistance to coercive population control methods.

Sec. 2253. Report to congress concerning

Cuban emigration policies.

Sec. 2254. United States policy regarding the

involuntary return of refugees.

Sec. 2255. Extension of certain adjudication

provisions.

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT

OF STATE PERSONNEL; THE FOREIGN

SERVICE

CHAPTER 1—ORGANIZATION OF THE

DEPARTMENT OF STATE

Sec. 2301. Coordinator for counterterrorism.

Sec. 2302. Special envoy for Tibet.

Sec. 2303. Establishment of Coordinator for

Human Rights and Refugees,

Bureau of Refugee and Migration Assistance, and Bureau of

Democracy, Human Rights, and

Labor.

Sec. 2304. Elimination of statutory establishment of certain positions of

the Department of State.

Sec. 2305. Establishment of Assistant Secretary of State for Human Resources.

Sec. 2306. Authority of United States permanent representative to the United Nations.

CHAPTER 2—PERSONNEL OF THE DEPARTMENT

OF STATE; THE FOREIGN SERVICE

Sec. 2351. Authorized strength of the Foreign Service.

Sec. 2352. Repeal of authority for Senior

Foreign Service performance

pay.

Sec. 2353. Recovery of costs of health care

services.

TITLE XXIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2401. Elimination of permanent authorization.

Sec. 2402. Extension of au pair programs.

Sec. 2403. Educational and cultural exchanges with Hong Kong.

Sec. 2404. Conduct of certain educational

and cultural exchange programs in Asia.

Sec. 2405. Educational and cultural exchanges and scholarships for

Tibetans and Burmese.

Sec. 2406. Availability of Voice of America

and Radio Marti multilingual

computer readable text and

voice recordings.

Sec. 2407. Retention of interest.

Sec. 2408. USIA office in Pristina, Kosova.

CHAPTER 2—INTERNATIONAL BROADCASTING

Sec. 2431. Expansion of Broadcasting Board

of Governors.

Sec. 2432. Plan for Radio Free Asia.

Sec. 2433. Pilot project for freedom broadcasting to Asia.

TITLE XXV—INTERNATIONAL

ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

Sec. 2501. International Boundary and Water

Commission.

CHAPTER 2—UNITED NATIONS AND AFFILIATED

AGENCIES AND ORGANIZATIONS

Sec. 2521. Reform in budget decisionmaking

procedures of the United Nations and its specialized agencies.

Sec. 2522. Limitation on contributions to

the United Nations or United

Nations affiliated organizations.

Sec. 2523. Report on UNICEF.

Sec. 2524. United Nations budgetary and

management reform.

TITLE XXVI—FOREIGN POLICY

PROVISIONS

CHAPTER 1—MISCELLANEOUS FOREIGN POLICY

PROVISIONS

Sec. 2601. Taiwan Relations Act.

Sec. 2602. Bosnia Genocide Justice Act.

Sec. 2603. Expansion of Commission on Security and Cooperation in Europe.

CHAPTER 2—RELATING TO THE UNITED STATESNORTH KOREA AGREED FRAMEWORK AND THE

OBLIGATIONS OF NORTH KOREA UNDER THAT

AND PREVIOUS AGREEMENTS WITH RESPECT

TO THE DENUCLEARIZATION OF THE KOREAN

PENINSULA AND DIALOGUE WITH THE REPUBLIC OF KOREA

Sec. 2641. Findings.

Sec. 2642. Clarification of nuclear nonproliferation obligations of

North Korea under the agreed

framework.

Sec. 2643. Role of the Republic of Korea

under the agreed framework.

Sec. 2644. Further steps to promote United

States security and political interests with respect to North

Korea.

Sec. 2645. Restrictions on assistance to

North Korea and the Korean peninsula energy development organization.

CHAPTER 3—BURMA

Sec. 2651. United States policy concerning

the dictatorship in Burma.

CHAPTER 4—TORTURE

Sec. 2661. Definitions.

Sec. 2662. United States policy with respect

to the involuntary return of

persons subjected to torture.

TITLE XXVII—CONGRESSIONAL

STATEMENTS

Sec. 2701. Inter-American organizations.

Sec. 2702. Territorial integrity of Bosnia and

Herzegovina.

Sec. 2703. The Laogai system of political

prisons.

Sec. 2704. Concerning the use of funds to further normalize relations with

Vietnam.

Sec. 2705. Declaration of Congress regarding

United States Government

human rights policy toward

China.

Sec. 2706. Concerning the United Nations

Voluntary Fund for Victims of

Torture.

Sec. 2707. Recommendations of the President for reform of war powers

resolution.

Sec. 2708. Conflict in Kashmir.

Sec. 2709. United States relations with the

Former Yugoslav Republic of

Macedonia (FYROM).

Sec. 2710. Sense of the Congress relating to

Indonesia.

Sec. 2711. Displaced persons.

DIVISION C—FOREIGN ASSISTANCE

AUTHORIZATIONS

Sec. 3001. Short title.

Sec. 3002. Declaration of policy.

TITLE XXXI—DEFENSE AND SECURITY

ASSISTANCE

CHAPTER 1—MILITARY AND RELATED

ASSISTANCE

SUBCHAPTER A—FOREIGN MILITARY FINANCING

PROGRAM

Sec. 3101. Authorization of appropriations.

Sec. 3102. Administrative expenses.

Sec. 3103. Assistance for Israel.

Sec. 3104. Assistance for Egypt.

Sec. 3105. Loans for Greece and Turkey.

Sec. 3106. Terms of loans.

Sec. 3107. Nonrepayment of grant assistance.

Sec. 3108. Additional requirements.

SUBCHAPTER B—OTHER ASSISTANCE

Sec. 3121. Defense drawdown special authorities.

Sec. 3122. Stockpiles of defense articles.

Sec. 3123. Transfer of excess defense articles.

Sec. 3124. Nonlethal excess defense articles

for Albania.

CHAPTER 2—INTERNATIONAL MILITARY

EDUCATION AND TRAINING

Sec. 3141. Authorization of appropriations.

Sec. 3142. Assistance for Indonesia.

Sec. 3143. Additional requirements.

CHAPTER 3—ANTITERRORISM ASSISTANCE

Sec. 3151. Authorization of appropriations.

Sec. 3152. Antiterrorism training assistance.

Sec. 3153. Research and development expenses.

CHAPTER 4—NARCOTICS CONTROL ASSISTANCE

Sec. 3161. Authorization of appropriations.

Sec. 3162. Additional requirements.
H 5412 CONGRESSIONAL RECORD — HOUSE May 23, 1995

Sec. 3163. Notification requirement.

Sec. 3164. Waiver of restrictions for narcotics-related economic assistance.

CHAPTER 5—NONPROLIFERATION AND

DISARMAMENT FUND

Sec. 3171. Nonproliferation and Disarmament Fund.

CHAPTER 6—OTHER PROVISIONS

Sec. 3181. Standardization of congressional

review procedures for arms

transfers.

Sec. 3182. Standardization of third country

transfers of defense articles.

Sec. 3183. Increased standardization, rationalization, and interoperability

of assistance and sales programs.

Sec. 3184. Repeal of price and availability reporting requirement relating to

proposed sale of defense articles

and services.

Sec. 3185. Definition of significant military

equipment.

Sec. 3186. Requirements relating to the Special Defense Acquisition Fund.

Sec. 3187. Cost of leased defense articles that

have been lost or destroyed.

Sec. 3188. Designation of major non-NATO

allies.

Sec. 3189. Certification thresholds.

Sec. 3190. Competitive pricing for sales of

defense articles and services.

Sec. 3191. Depleted uranium ammunition.

Sec. 3192. End-use monitoring of defense articles and defense services.

Sec. 3193. Brokering activities relating to

commercial sales of defense articles and services.

TITLE XXXII—ECONOMIC ASSISTANCE

CHAPTER 1—ECONOMIC SUPPORT ASSISTANCE

Sec. 3201. Economic support fund.

Sec. 3202. Assistance for Israel.

Sec. 3203. Assistance for Egypt.

Sec. 3204. International Fund for Ireland.

Sec. 3205. Law enforcement assistance.

CHAPTER 2—ASSISTANCE FOR PRIVATE SECTOR

PROGRAMS AND ACTIVITIES

Sec. 3211. Private sector enterprise funds.

Sec. 3212. Micro- and small enterprise development credits.

Sec. 3213. Microenterprise development

grant assistance.

CHAPTER 3—DEVELOPMENT ASSISTANCE

SUBCHAPTER A—DEVELOPMENT ASSISTANCE

AUTHORITIES

Sec. 3221. Authorizations of appropriations.

Sec. 3222. Assistance for child survival activities, Vitamin A Deficiency

Program, and related activities.

Sec. 3223. Assistance for family planning.

Sec. 3224. Assistance for the independent

states of the former Soviet

Union.

Sec. 3225. Development Fund for Latin

America and the Caribbean.

Sec. 3226. Effectiveness of United States development assistance.

Sec. 3227. Funding for private and voluntary

organizations and cooperatives.

Sec. 3228. Sense of the Congress relating to

United States cooperatives and

credit unions.

SUBCHAPTER B—OPERATING EXPENSES

Sec. 3231. Operating expenses generally.

Sec. 3232. Operating expenses of the office of

the inspector general.

CHAPTER 4—PUBLIC LAW 480

Sec. 3241. Levels of assistance for title II.

Sec. 3242. Authorization of appropriations

for title III.

CHAPTER 5—HOUSING GUARANTEE PROGRAM

Sec. 3251. Authorization of appropriations

for administrative expenses.

Sec. 3252. Additional requirements.

CHAPTER 6—PEACE CORPS

Sec. 3261. Peace Corps.

Sec. 3262. Activities of the Peace Corps in

the former Soviet Union.

Sec. 3263. Prohibition on use of funds for

abortions.

CHAPTER 7—INTERNATIONAL DISASTER

ASSISTANCE

Sec. 3271. Authority to provide reconstruction assistance.

Sec. 3272. Authorizations of appropriations.

CHAPTER 8—OTHER PROVISIONS

Sec. 3281. Exemption from restrictions on

assistance through nongovernmental organizations.

Sec. 3282. Funding requirements relating to

United States private and voluntary organizations.

Sec. 3283. Documentation requested of private and voluntary organizations.

Sec. 3284. Foreign government parking fines.

Sec. 3285. Human rights reports.

Sec. 3286. Deobligation of certain unexpended economic assistance

funds.

TITLE XXXIII—REGIONAL PROVISIONS

Sec. 3301. Prohibition on assistance to foreign governments providing assistance to Cuba.

Sec. 3302. Assistance for Nicaragua.

Sec. 3303. Sense of the Congress regarding

relations with Burma.

Sec. 3304. Debt restructuring for Egypt.

Sec. 3305. Prohibition on assistance to foreign governments providing assistance to Iran.

Sec. 3306. Assistance for Pakistan.

Sec. 3307. Return of military equipment of

Pakistan.

Sec. 3308. Eligibility of Panama under Arms

Export Control Act.

Sec. 3309. Future of the United States military presence in Panama.

Sec. 3310. Peace and stability in the South

China Sea.

Sec. 3311. Sense of the Congress regarding

narcotics control efforts of Colombia.

Sec. 3312. Notification of arms sales to Saudi

Arabia.

Sec. 3313. Assistance for Zaire.

TITLE XXXIV—SPECIAL AUTHORITIES

AND OTHER PROVISIONS

CHAPTER 1—SPECIAL AUTHORITIES

Sec. 3401. Enhanced transfer authority.

Sec. 3402. Authority to meet unanticipated

contingencies.

Sec. 3403. Special waiver authority.

Sec. 3404. Termination of assistance.

CHAPTER 2—OTHER PROVISIONS

Sec. 3411. Congressional presentation documents.

Sec. 3412. Prohibition on assistance to foreign governments engaged in espionage

against the United States.

Sec. 3413. Debt restructuring for foreign

assistance.

Sec. 3414. Debt buybacks or sales for debt

swaps.

Sec. 3415. Impact on jobs in the United

States.

Sec. 3416. Prohibition on assistance to foreign governments that export lethal

military equipment to countries supporting international terrorism.

Sec. 3417. Prohibition on assistance to

countries that consistently oppose the

United States position in the United

Nations General Assembly.

Sec. 3418. Limitation on assistance to

countries that restrict the transport or

delivery of United States humanitarian

assistance.

Sec. 3419. Prohibition on assistance to foreign governments, private and voluntary organizations, and other entities that inhibit United States-supported demining operations and activities.

CHAPTER 3—REPEALS

Sec. 3421. Repeal of obsolete provisions.

TITLE XXXV—EFFECTIVE DATE

Sec. 3501. Effective date.

DIVISION A—CONSOLIDATION OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Affairs Agencies Consolidation 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) In order to downsize the foreign programs and activities of the United States

without jeopardizing United States interests,

strong and effective leadership will be required. As the official principally responsible

for the conduct of foreign policy, the Secretary of State must have the authority to

allocate efficiently the resources within the

international affairs budget. As a first step

in the downsizing process, the proliferation

of foreign affairs agencies that occurred during the Cold War must be reversed, and the

functions of these agencies must be restored

to the Secretary of State.

(4) A streamlined and reorganized foreign

affairs structure under the strengthened
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5413

leadership of the Secretary of State can

more effectively promote the international

interests of the United States in the next

century than the existing structure.

SEC. 103. PURPOSES.

The purposes of this division are—

(1) to consolidate and reinvent foreign affairs agencies of the United States within

the Department of State;

(2) to provide for the reorganization of the

Department of State to maximize the efficient use of resources, eliminate redundancy

in functions, effect budget savings, and improve the management of the State Department;

(3) to strengthen—

(A) the coordination of United States foreign policy; and

(B) the leading role of the Secretary of

State in the formulation and articulation of

United States foreign policy; and

(4) to abolish, not later than March 1, 1997,

the United States Arms Control and Disarmament Agency, the United States Information Agency, the International Development

Cooperation Agency, and the Agency for

International Development.

SEC. 104. DEFINITIONS.

The following terms have the following

meaning for the purposes of this division:

(1) The term ‘‘AID’’ means the Agency for

International Development.

(2) The term ‘‘ACDA’’ means the United

States Arms Control and Disarmament

Agency.

(3) The term ‘‘appropriate congressional

committees’’ means the Committee on International Relations of the House of Representatives and the Committee of Foreign

Relations of the Senate.

(4) The term ‘‘Department’’ means the Department of State.

(5) The term ‘‘Federal agency’’ has the

meaning given to the term ‘‘agency’’ by section 551(1) of title 5, United States Code.

(6) The term ‘‘function’’ means any duty,

obligation, power, authority, responsibility,

right, privilege, activity, or program.

(7) The term ‘‘office’’ includes any office,

administration, agency, institute, unit, organizational entity, or component thereof.

(8) The term ‘‘Secretary’’ means the Secretary of State.

(9) The term ‘‘USIA’’ means the United

States Information Agency.

TITLE II—UNITED STATES ARMS

CONTROL AND DISARMAMENT AGENCY

CHAPTER 1—GENERAL PROVISIONS

SEC. 201. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in

subsection (b), this title, and the amendments made by this title, shall take effect—

(1) March 1, 1997; or

(2) on such earlier date as the President

shall determine to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than

60 calendar days (excluding any day on which

either House of Congress is not in session because of an adjournment sine die) after the

President has submitted a reorganization

plan to the appropriate congressional committees pursuant to section 221.

(b) REORGANIZATION PLAN.—Section 221

shall take effect on the date of enactment of

this Act.

SEC. 202. REFERENCES IN TITLE.

Except as specifically provided in this

title, whenever in this title an amendment

or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a

provision of the Arms Control and Disarmament Act.

CHAPTER 2—ABOLITION OF UNITED

STATES ARMS CONTROL AND DISARMAMENT AGENCY AND TRANSFER OF

FUNCTIONS TO SECRETARY OF STATE

SEC. 211. ABOLITION OF UNITED STATES ARMS

CONTROL AND DISARMAMENT

AGENCY.

The United States Arms Control and Disarmament Agency is abolished.

SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of

State all functions of the Director of the

United States Arms Control and Disarmament Agency and all functions of the

United States Arms Control and Disarmament Agency and any officer or component of such agency under any statute, reorganization plan, Executive order, or other

provision of law before the effective date of

this title, except as otherwise provided in

this title.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS

TITLE

SEC. 221. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than

March 1, 1996, the President, in consultation

with the Secretary and the Director of the

Arms Control and Disarmament Agency,

shall transmit to the appropriate congressional committees a reorganization plan providing for—

(1) the abolition of the Arms Control and

Disarmament Agency in accordance with

this title;

(2) the transfer to the Department of State

of the functions and personnel of the Arms

Control and Disarmament Agency consistent

with the provisions of this title; and

(3) the consolidation, reorganization, and

streamlining of the Department upon the

transfer of functions under this title in order

to carry out such functions.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) identify the functions of the Arms Control and Disarmament Agency that will be

transferred to the Department under the

plan;

(2) identify the personnel and positions of

the Agency (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred to the Department, separated from service with the

Agency, or be eliminated under the plan, and

set forth a schedule for such transfers, separations, and terminations;

(3) identify the personnel and positions of

the Department (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred within the

Department, separated from service with the

Department, or eliminated under the plan,

and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that

will be required under the plan in order to

permit the Department to carry out the

functions transferred to the Department

under the plan;

(5) specify the funds available to the Arms

Control and Disarmament Agency that will

be transferred to the Department as a result

of the transfer of functions of the Agency to

the Department;

(6) specify the proposed allocations within

the Department of unexpended funds transferred in connection with the transfer of

functions under the plan; and

(7) specify the proposed disposition of the

property, facilities, contracts, records, and

other assets and liabilities of the Agency in

connection with the transfer of the functions

of the Agency to the Department.

(c) ASSISTANT SECRETARY POSITIONS.—The

plan under subsection (a) shall provide for an

appropriate number of Assistant Secretaries

of State to carry out the functions transferred to the Department under this title.

SEC. 222. COORDINATOR FOR ARMS CONTROL

AND DISARMAMENT.

(a) ESTABLISHMENT OF COORDINATOR FOR

ARMS CONTROL AND DISARMAMENT.—Section

1(e) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)) is amended by adding after paragraph (4) the following new paragraph:

‘‘(5) COORDINATOR FOR ARMS CONTROL AND

DISARMAMENT.—

‘‘(A) There shall be within the office of the

Secretary of State a Coordinator for Arms

Control and Disarmament (hereafter in this

paragraph referred to as the ‘‘Coordinator’’

who shall be appointed by the President, by

and with the advice and consent of the Senate. The Coordinator shall report directly to

the Secretary of State.

‘‘(B)(i) The Coordinator shall perform such

duties and exercise such power as the Secretary of State shall prescribe.

‘‘(ii) The Coordinator shall be responsible

for arms control and disarmament matters.

The Coordinator shall head the Bureau of

Arms Control and Disarmament.

‘‘(C) The Coordinator shall have the rank

and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position

at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual rate of pay which

the individual last received under the Foreign Service Schedule, whichever is greater.’’.

(b) PARTICIPATION IN MEETINGS OF NATIONAL SECURITY COUNCIL.—Section 101 of the

National Security Act of 1947 (50 U.S.C. 402)

is amended by adding at the end the following new subsection:

‘‘(i) The Coordinator for Arms Control and

Disarmament may, in the role of advisor to

the National Security Council on arms control and disarmament matters, and subject

to the direction of the President, attend and

participate in meetings of the National Security Council.’’.

(c) TRANSITION PROVISION.—The President

may appoint the individual serving as Director of the Arms Control and Disarmament

Agency on the day before the effective date

of this title, or such other officials appointed

by and with the advice and consent of the

Senate and serving within the Department of

State or the Arms Control and Disarmament

Agency on the day before the effective date

of this title as the President considers appropriate, to serve as the acting Coordinator for

Arms Control and Disarmament until an individual is appointed to that office in accordance with section 1(e)(5) of the State Department Basic Authorities Act of 1956, as

amended by this Act.

CHAPTER 4—CONFORMING AMENDMENTS

SEC. 241. REFERENCES.

Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Arms

Control and Disarmament Agency or any

other officer or employee of the United

States Arms Control and Disarmament

Agency shall be deemed to refer to the Secretary of State; and

(2) the United States Arms Control and

Disarmament Agency shall be deemed to

refer to the Department of State.
H 5414 CONGRESSIONAL RECORD — HOUSE May 23, 1995

SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.

Section 21 of the Arms Control and Disarmament Act (22 U.S.C. 2561; relating to the

establishment of the agency) is repealed.

SEC. 243. REPEAL OF POSITIONS AND OFFICES.

The following sections of the Arms Control

and Disarmament Act are repealed:

(1) Section 22 (22 U.S.C. 2562; relating to

the Director).

(2) Section 23 (22 U.S.C. 2563; relating to

the Deputy Director).

(3) Section 24 (22 U.S.C. 2564; relating to

Assistant Directors).

(4) Section 25 (22 U.S.C. 2565; relating to

bureaus, offices, and divisions).

(5) Section 50 (22 U.S.C 2593; relating to the

ACDA Inspector General).

SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS UNDER THE ARMS CONTROL

AND DISARMAMENT ACT TO THE

SECRETARY OF STATE.

(a) IN GENERAL.—The Arms Control and

Disarmament Act (22 U.S.C. 2551 et seq.) is

amended—

(1) by striking ‘‘Agency’’ each place it appears and inserting ‘‘Department’’; and

(2) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary’’.

(b) PURPOSE.—Section 2 (22 U.S.C. 2551) is

repealed.

(c) DEFINITIONS.—Section 3 (22 U.S.C. 2552)

is amended by striking paragraph (c) and inserting the following:

‘‘(c) The term ‘Department’ means the Department of State.

‘‘(d) The term ‘Secretary’ means the Secretary of State.’’.

(d) SCIENTIFIC AND POLICY ADVISORY COMMITTEE.—Section 26(b) (22 U.S.C. 2566(b)) is

amended by striking ‘‘, the Secretary of

State, and the Director’’ and inserting ‘‘and

the Secretary of State’’.

(e) PRESIDENTIAL SPECIAL REPRESENTATIVES.—Section 27 (22 U.S.C. 2567) is amended

by striking ‘‘, acting through the Director’’.

(f) PROGRAM FOR VISITING SCHOLARS.—Section 28 (22 U.S.C. 2568) is amended—

(1) in the second sentence, by striking

‘‘Agency’s activities’’ and inserting ‘‘Department’s arms control, nonproliferation, and

disarmament activities’’; and

(2) in the fourth sentence, by striking ‘‘,

and all former Directors of the Agency’’.

(g) POLICY FORMULATION.—Section 33(a) (22

U.S.C. 2573(a)) is amended by striking ‘‘shall

prepare for the President, the Secretary of

State,’’ and inserting ‘‘shall prepare for the

President’’.

(h) NEGOTIATION MANAGEMENT.—Section 34

(22 U.S.C. 2574) is amended—

(1) in subsection (a), by striking ‘‘the

President and the Secretary of State’’ and

inserting ‘‘the President’’; and

(2) by striking subsection (b).

(i) VERIFICATION OF COMPLIANCE.—Section

37(d) (22 U.S.C. 2577(d)) is amended by striking ‘‘Director’s designee’’ and inserting

‘‘Secretary’s designee’’.

(j) GENERAL AUTHORITY.—Section 41 (22

U.S.C. 2581) is repealed.

(k) SECURITY REQUIREMENTS.—Section 45

(22 U.S.C. 2585) is amended by striking subsections (a), (b), and (d).

(l) USE OF FUNDS.—Section 48 (22 U.S.C.

2588) is repealed.

(m) ANNUAL REPORT.—Section 51(a) (22

U.S.C. 2593a(a)) is amended by striking ‘‘the

Secretary of State,’’.

(n) REQUIREMENT FOR AUTHORIZATION OF

APPROPRIATIONS.—Section 53 (22 U.S.C. 2593c)

is repealed.

(o) ON-SITE INSPECTION AGENCY.—Section

61 (22 U.S.C. 2595) is amended—

(1) in paragraph (1), by striking ‘‘United

States Arms Control and Disarmament

Agency’’ and inserting ‘‘Department of

State’’; and

(2) in paragraph (7), by striking ‘‘the United States Arms Control and Disarmament

Agency and’’.

SEC. 245. CONFORMING AMENDMENTS.

(a) ARMS EXPORT CONTROL ACT.—The Arms

Export Control Act is amended—

(1) in section 36(b)(1)(D) (22 U.S.C.

2776(b)(1)(D)), by striking ‘‘Director of the

Arms Control and Disarmament Agency in

consultation with the Secretary of State

and’’ and inserting ‘‘Secretary of State in

consultation with’’;

(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))—

(A) in the first sentence, by striking ‘‘Director of the United States Arms Control

and Disarmament Agency, taking into account the Director’s’’ and inserting ‘‘Secretary of State, taking into account the Secretary’s’’; and

(B) in the second sentence, by striking

‘‘The Director of the Arms Control and Disarmament Agency is authorized, whenever

the Director’’ and inserting ‘‘The Secretary

of State is authorized, whenever the Secretary’’;

(3) in section 42(a) (22 U.S.C. 2791(a))—

(A) in paragraph (1)(C), by striking ‘‘Director of the United States Arms Control and

Disarmament Agency’’ and inserting ‘‘Secretary of State’’; and

(B) in paragraph (2)—

(i) in the first sentence, by striking ‘‘Director of the United States Arms Control and

Disarmament Agency’’ and inserting ‘‘Secretary of State’’; and

(ii) in the second sentence, by striking ‘‘Director of the Arms Control and Disarmament

Agency is authorized, whenever the Director’’ and inserting ‘‘Secretary of State,

whenever the Secretary’’;

(4) in section 71(a) (22 U.S.C. 2797(a)), by

striking ‘‘, the Director of the Arms Control

and Disarmament Agency,’’ and inserting ‘‘,

Secretary of State,’’;

(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)),

by striking ‘‘Director of the United States

Arms Control and Disarmament Agency’’

and inserting ‘‘Secretary of State’’;

(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))—

(A) by striking ‘‘Director of the United

States Arms Control and Disarmament

Agency’’ and inserting ‘‘Secretary of State’’;

and

(B) by striking ‘‘, or the Director’’;

(7) in section 71(c) (22 U.S.C. 2797(c)), by

striking ‘‘Director of the United States Arms

Control and Disarmament Agency,’’ and inserting ‘‘Secretary of State’’; and

(8) in section 73(d) (22 U.S.C. 2797(d)), by

striking ‘‘Director of the United States Arms

Control and Disarmament Agency’’ and inserting ‘‘Secretary of State’’.

(b) UNITED STATES INSTITUTE OF PEACE

ACT.—Section 1706(b) of the United States Institute of Peace Act (22 U.S.C. 4605(b)) is

amended—

(1) by striking out paragraph (3);

(2) by redesignating paragraphs (4) and (5)

as paragraphs (3) and (4), respectively; and

(3) in paragraph (4) (as redesignated by

paragraph (2)), by striking ‘‘Eleven’’ and inserting ‘‘Twelve’’.

(c) THE ATOMIC ENERGY ACT OF 1954.—The

Atomic Energy Act of 1954 is amended—

(1) in section 57 b. (42 U.S.C. 2077(b))—

(A) in the first sentence, by striking ‘‘the

Arms Control and Disarmament Agency,’’,

and

(B) in the second sentence, by striking

‘‘the Director of the Arms Control and Disarmament Agency,’’; and

(2) in section 123 (42 U.S.C. 2153)—

(A) in subsection a. (in the text after paragraph (9)—

(i) by striking ‘‘and in consultation with

the Director of the Arms Control and Disarmament Agency (‘the Director’)’’, and

(ii) by striking ‘‘and the Director’’ and inserting ‘‘and the Secretary of Defense’’,

(B) in subsection d., in the first proviso, by

striking ‘‘Director of the Arms Control and

Disarmament Agency’’ and inserting ‘‘Secretary of Defense’’, and

(C) in the first undesignated paragraph following subsection d., by striking ‘‘the Arms

Control and Disarmament Agency,’’.

(d) THE NUCLEAR NON-PROLIFERATION ACT

OF 1978.—The Nuclear Non-Proliferation Act

of 1978 is amended—

(1) in section 4, by striking paragraph (2);

(2) in section 102, by striking ‘‘the Secretary of State, and the Director of the Arms

Control and Disarmament Agency’’ and inserting ‘‘and the Secretary of State’’; and

(3) in section 602(c), by striking ‘‘the Arms

Control and Disarmament Agency,’’.

(e) TITLE 5, UNITED STATES CODE.—Title 5,

United States Code, is amended—

(1) in section 5313, by striking ‘‘Director of

the United States Arms Control and Disarmament Agency.’’;

(2) in section 5314, by striking ‘‘Deputy Director of the United States Arms Control

and Disarmament Agency.’’; and

(3) in section 5315, by striking ‘‘Assistant

Directors, United States Arms Control and

Disarmament Agency (4).’’.

TITLE III—UNITED STATES INFORMATION

AGENCY

CHAPTER 1—GENERAL PROVISIONS

SEC. 301. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in

subsection (b), this title, and the amendments made by this title, shall take effect—

(1) March 1, 1997; or

(2) on such earlier date as the President

shall determine to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than

60 calendar days (excluding any day on which

either House of Congress is not in session because of an adjournment sine die) after the

President has submitted a reorganization

plan to the appropriate congressional committees pursuant to section 321.

(b) REORGANIZATION PLAN.—Section 321

shall take effect on the date of enactment of

this Act.

CHAPTER 2—ABOLITION OF UNITED

STATES INFORMATION AGENCY AND

TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

The United States Information Agency is

abolished.

SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of

State all functions of the Director of the

United States Information Agency and all

functions of the United States Information

Agency and any officer or component of such

agency under any statute, reorganization

plan, Executive order, or other provision of

law before the effective date of this title, except as otherwise provided in this title.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS

TITLE

SEC. 321. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than

March 1, 1996, the President, in consultation

with the Secretary and the Director of the

United States Information Agency, shall

transmit to the appropriate congressional

committees a reorganization plan providing

for—

(1) the abolition of the United States Information Agency in accordance with this title;

(2) the transfer to the Department of State

of the functions and personnel of the United
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5415

States Information Agency consistent with

the provisions of this title; and

(3) the consolidation, reorganization, and

streamlining of the Department upon the

transfer of functions under this title in order

to carry out such functions.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) identify the functions of the United

States Information Agency that will be

transferred to the Department under the

plan;

(2) identify the personnel and positions of

the Agency (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred to the Department, separated from service with the

Agency, or be eliminated under the plan, and

set forth a schedule for such transfers, separations, and terminations;

(3) identify the personnel and positions of

the Department (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred within the

Department, separated from service with the

Department, or eliminated under the plan,

and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that

will be required under the plan in order to

permit the Department to carry out the

functions transferred to the Department

under the plan;

(5) specify the funds available to the United States Information Agency that will be

transferred to the Department as a result of

the transfer of functions of the Agency to

the Department;

(6) specify the proposed allocations within

the Department of unexpended funds transferred in connection with the transfer of

functions under the plan; and

(7) specify the proposed disposition of the

property, facilities, contracts, records, and

other assets and liabilities of the Agency in

connection with the transfer of the functions

of the Agency to the Department.

(c) ASSISTANT SECRETARY POSITIONS.—The

plan under subsection (a) shall provide for an

appropriate number of Assistant Secretaries

of State to carry out the functions transferred to the Department under this title.

SEC. 322. PRINCIPAL OFFICERS.

(a) UNDER SECRETARY OF STATE FOR PUBLIC

DIPLOMACY.—

(1) ESTABLISHMENT.—Section 1(b) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(b) is amended—

(A) by striking ‘‘There’’ and inserting the

following:

‘‘(1) IN GENERAL.—There’’; and

(B) by adding at the end the following:

‘‘(2) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There shall be in the Department of

State an Under Secretary for Public Diplomacy who shall have responsibility to assist

the Secretary and the Deputy Secretary in

the formation and implementation of United

States public diplomacy policies and activities, including international educational and

cultural exchange programs, information,

and international broadcasting.’’.

(2) TRANSITION PROVISION.—The President

may appoint the individual serving as Director of the United States Information Agency

on the day before the effective date of this

title, or such other official appointed by and

with the advice and consent of the Senate

and serving within the Department of State

or the United States Information Agency as

the President considers appropriate, to serve

as the acting Under Secretary for Public Diplomacy until an individual is appointed to

that office in accordance with section

(1)(b)(1) of the State Department Basic Authorities Act of 1956, as amended by this Act.

(b) ASSISTANT SECRETARIES.—

(1) ESTABLISHMENT.—Section 1(c) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(c)) is amended by adding

after paragraph (2) the following:

‘‘(3) ASSISTANT SECRETARY FOR ACADEMIC

PROGRAMS AND CULTURAL EXCHANGES.—There

shall be in the Department of State an Assistant Secretary for Academic Programs

and Cultural Exchanges who shall report to

the Under Secretary for Public Diplomacy.

‘‘(4) ASSISTANT SECRETARY FOR INFORMATION, POLICY, AND PROGRAMS.—There shall be

in the Department of State an Assistant Secretary for Information, Policy, and Programs who shall report to the Under Secretary for Public Diplomacy.’’.

(2) TRANSITION PROVISION.—The President

may appoint such officials appointed by and

with the advice and consent of the Senate

and serving within the Department of State

or the United States Information Agency as

the President considers appropriate to serve

as the acting Assistant Secretary for Academic Programs and Cultural Exchanges and

to serve as the acting Assistant Secretary

for Information, Policy, and Programs until

individuals are appointed to those offices in

accordance with section 1(c)(1) of the State

Department Basic Authorities Act of 1956, as

amended by this Act.

CHAPTER 4—CONFORMING AMENDMENTS

SEC. 341. REFERENCES.

Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Information Agency, the Director of the International Communication Agency, or any

other officer or employee of the United

States Information Agency shall be deemed

to refer to the Secretary of State; and

(2) the United States Information Agency,

USIA, or the International Communication

Agency shall be deemed to refer to the Department of State.

SEC. 342. ABOLITION OF OFFICE OF INSPECTOR

GENERAL OF THE UNITED STATES

INFORMATION AGENCY AND TRANSFER OF FUNCTIONS TO OFFICE OF

INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.

(a) ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE USIA.—

(1) The Office of Inspector General of the

United States Information Agency is abolished.

(2) Section 11 of the Inspector General Act

of 1978 (5 U.S.C. App.) is amended—

(A) in paragraph (1) by striking ‘‘, the Office of Personnel Management or the United

States Information Agency’’ and inserting

‘‘or the Office of Personnel Management’’;

and

(B) in paragraph (2) by striking ‘‘the United States Information Agency,’’.

(3) Section 5315 of title 5, United States

Code, is amended by striking the following:

‘‘Inspector General, United States Information Agency.’’.

(b) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL OF THE UNITED STATES INFORMATION

AGENCY TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF

STATE.—There are transferred to the Office

of the Inspector General of the Department

of State the functions that the Office of Inspector General of the United States Information Agency exercised before the effective

date of this title (including all related functions of the Inspector General of the United

States Information Agency).

(c) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—The Director of

the Office of Management and Budget, in

consultation with the Secretary of State, is

authorized to make such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended

balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions

of this section.

SEC. 343. AMENDMENTS TO TITLE 5.

Title 5, United States Code, is amended—

(1) in section 5313, by striking ‘‘Director of

the United States Information Agency.’’;

(2) in section 5315, by striking ‘‘Deputy Director of the United States Information

Agency.’’; and

(3) in section 5316, by striking ‘‘Deputy Director, Policy and Plans, United States Information Agency.’’ and striking ‘‘Associate

Director (Policy and Plans), United States

Information Agency.’’.

SEC. 344. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948.

(a) IN GENERAL.—Except as otherwise provided in this section, the United States Information and Educational Exchange Act of

1948 (22 U.S.C. 1431 et seq.) is amended—

(1) by striking ‘‘United States Information

Agency’’ each place it appears and inserting

‘‘Department of State’’;

(2) by striking ‘‘Director of the United

States Information Agency’’ each place it

appears and inserting ‘‘Secretary of State’’;

(3) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary of State’’;

(4) by striking ‘‘USIA’’ each place it appears and inserting ‘‘Department of State’’;

and

(5) by striking ‘‘Agency’’ each place it appears and inserting ‘‘Department of State’’.

(b) SATELLITE AND TELEVISION BROADCASTS.—Section 505 of the United States Information and Educational Exchange Act of

1948 (22 U.S.C. 1464a) is amended—

(1) by striking ‘‘Director of the United

States Information Agency’’ each of the four

places it appears and inserting ‘‘Secretary of

State’’;

(2) in subsection (b), by striking ‘‘To be effective, the United States Information Agency’’ and inserting ‘‘To be effective in carrying out this subsection, the Department of

State’’;

(3) by striking ‘‘USIA–TV’’ each place it

appears and inserting ‘‘DEPARTMENT OF

STATE–TV’’; and

(4) by striking subsection (e).

(c) UNITED STATES ADVISORY COMMISSION

ON PUBLIC DIPLOMACY.—Section 604 of the

United States Information and Educational

Exchange Act of 1948 (22 U.S.C. 1469) is

amended—

(1) in subsection (c)(1)—

(A) by striking ‘‘the Director of the United

States Information Agency,’’; and

(B) by striking ‘‘Director or the Agency,

and shall appraise the effectiveness of policies and programs of the Agency’’ and inserting ‘‘Secretary of State or the Department of

State, and shall appraise the effectiveness of

the information, educational, and cultural

policies and programs of the Department’’;

(2) in subsection (c)(2)—

(A) in the first sentence by striking ‘‘the

Secretary of State, and the Director of the

United States Information Agency’’ and inserting ‘‘and the Secretary of State’’;

(B) in the second sentence by striking ‘‘by

the Agency’’ and inserting ‘‘by the Department of State’’; and

(C) by striking ‘‘Director for effectuating

the purposes of the Agency’’ and inserting

‘‘Secretary for effectuating the information,

educational, and cultural functions of the

Department’’;
H 5416 CONGRESSIONAL RECORD — HOUSE May 23, 1995

(3) in subsection (c)(3), by striking ‘‘programs conducted by the Agency’’ and inserting ‘‘information, educational, and cultural

programs conducted by the Department of

State’’; and

(4) in subsection (c)(4), by striking ‘‘Director of the United States Information Agency’’ and inserting ‘‘Secretary of State’’.

SEC. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961 (FULBRIGHTHAYS ACT).

(a) IN GENERAL.—The Mutual Educational

and Cultural Exchange Act of 1961 (22 U.S.C.

2451 et seq.) is amended by striking ‘‘Director of the International Communication

Agency’’ and ‘‘Director’’ each place either

term appears and inserting ‘‘Secretary of

State’’.

(b) REPEAL OF DEFUNCT ADVISORY COMMISSIONS.—Section 106 of such Act (22 U.S.C.

2456) is amended by striking subsection (c).

(c) BUREAU OF EDUCATIONAL AND CULTURAL

AFFAIRS.—Section 112 of the Mutual Educational and Cultural Exchange Act of 1961

(22 U.S.C. 2460) is amended—

(1) by striking the first sentence of subsection (a);

(2) by striking ‘‘Bureau’’ each place it appears and inserting ‘‘Department of State’’;

and

(3) by striking subsection (e).

SEC. 346. INTERNATIONAL BROADCASTING ACTIVITIES.

(a) IN GENERAL.—Title III of the Foreign

Relations Authorization Act, Fiscal Years

1994 and 1995 (Public Law 103–236) is amended—

(1) in section 305(b)(1), by striking ‘‘Agency’s’’ and inserting ‘‘Department’s’’;

(2) in section 306, by striking ‘‘, acting

through the Director of the United States Information Agency,’’ and inserting ‘‘, acting

through the Under Secretary of State for

Public Diplomacy,’’;

(3) by striking ‘‘Director of the United

States Information Agency’’ each place it

appears and inserting ‘‘Secretary of State’’;

(4) by striking all references to ‘‘United

States Information Agency’’ that were not

stricken in paragraph (3) and inserting ‘‘Department of State’’;

(5) by striking ‘‘Bureau’’ each place it appears and inserting ‘‘Office’’; and

(6) in section 305(a)(1), by striking ‘‘title,’’

and inserting ‘‘title (including activities of

the Voice of America previously carried out

by the United States Information Agency),’’.

(b) CONFORMING AMENDMENT TO TITLE 5.—

Section 5315 of title 5, United States Code, is

amended by striking ‘‘Director of the International Broadcasting Bureau, the United

States Information Agency’’ and inserting

‘‘Director of the International Broadcasting

Office, the Department of State’’.

SEC. 347. TELEVISION BROADCASTING TO CUBA.

(a) AUTHORITY.—Section 243(a) of the Television Broadcasting to Cuba Act (as contained in part D of title II of Public Law 101–

246) (22 U.S.C. 1465bb(a)) is amended by striking ‘‘United States Information Agency

(hereafter in this part referred to as the

‘Agency’)’’ and inserting ‘‘Department of

State (hereafter in this part referred to as

the ‘Department’)’’.

(b) TELEVISION MARTI SERVICE.—Section

244 of such Act (22 U.S.C. 1465cc) is amended—

(1) in subsection (a)—

(A) by amending the first sentence to read

as follows: ‘‘The Secretary of State shall administer within the Voice of America the

Television Marti Service.’’; and

(B) in the third sentence, by striking ‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’;

(2) in subsection (b)—

(A) in the subsection heading, by striking

‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

STATE’’,

(B) by striking ‘‘Agency facilities’’ and inserting ‘‘Department facilities’’; and

(C) by striking ‘‘United States Information

Agency Television Service’’ and inserting

‘‘Department of State Television Service’’;

and

(3) in subsection (c)—

(A) by striking ‘‘USIA AUTHORITY.—The

Agency’’ and inserting ‘‘SECRETARY OF STATE

AUTHORITY.—The Secretary of State’’; and

(B) by striking ‘‘Agency’’ the second place

it appears and inserting ‘‘Secretary of

State’’.

(c) ASSISTANCE FROM OTHER GOVERNMENT

AGENCIES.—Section 246 of such Act (22 U.S.C.

1465dd) is amended—

(1) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(2) by striking ‘‘the Agency’’ and inserting

‘‘the Department’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—

Section 247(a) of such Act (22 U.S.C.

1465ee(a)) is repealed.

SEC. 348. RADIO BROADCASTING TO CUBA.

(a) FUNCTIONS OF THE DEPARTMENT OF

STATE.—Section 3 of the Radio Broadcasting

to Cuba Act (22 U.S.C. 1465a) is amended—

(1) in the section heading, by striking

‘‘UNITED STATES INFORMATION AGENCY’’ and

inserting ‘‘DEPARTMENT OF STATE’’;

(2) in subsection (a), by striking ‘‘United

States Information Agency (hereafter in this

Act referred to as the ‘Agency’)’’ and inserting ‘‘Department of State (hereafter in this

Act referred to as the ‘Department’)’’; and

(3) in subsection (f), by striking ‘‘Director

of the United States Information Agency’’

and inserting ‘‘Secretary of State’’.

(b) CUBA SERVICE.—Section 4 of such Act

(22 U.S.C. 1465b) is amended—

(1) by amending the first sentence to read

as follows: ‘‘The Secretary of State shall administer within the Voice of America the

Cuba Service (hereafter in this section referred to as the ‘Service’).’’; and

(2) in the third sentence, by striking ‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’.

(c) ASSISTANCE FROM OTHER GOVERNMENT

AGENCIES.—Section 6 of such Act (22 U.S.C.

1465d) is amended—

(1) in subsection (a)—

(A) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(B) by striking ‘‘the Agency’’ and inserting

‘‘the Department’’; and

(2) in subsection (b)—

(A) by striking ‘‘The Agency’’ and inserting ‘‘The Department’’; and

(B) by striking ‘‘the Agency’’ and inserting

‘‘the Secretary of State’’.

(d) FACILITY COMPENSATION.—Section 7 of

such Act (22 U.S.C. 1465e) is amended—

(1) in subsection (b), by striking ‘‘the

Agency’’ and inserting ‘‘the Department’’;

and

(2) in subsection (d), by striking ‘‘Agency’’

and inserting ‘‘Department’’.

(e) AUTHORIZATION OF APPROPRIATIONS.—

Section 8 of such Act (22 U.S.C. 1465f) is

amended—

(1) by striking subsections (a) and (b) and

inserting the following:

‘‘(a) The amount obligated by the Department of State each fiscal year to carry out

this Act shall be sufficient to maintain

broadcasts to Cuba under this Act at rates

no less than the fiscal year 1985 level of obligations by the former United States Information Agency for such broadcasts.’’; and

(2) by redesignating subsection (c) as subsection (b).

SEC. 349. NATIONAL ENDOWMENT FOR DEMOCRACY.

(a) GRANTS.—Section 503 of Public Law 98–

164, as amended (22 U.S.C. 4412) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Director of the United

States Information Agency’’ and inserting

‘‘Secretary of State’’;

(B) by striking ‘‘the Agency’’ and inserting

‘‘the Department of State’’; and

(C) by striking ‘‘the Director’’ and inserting ‘‘the Secretary of State’’; and

(2) in subsection (b), by striking ‘‘United

States Information Agency’’ and inserting

‘‘Department of State’’.

(b) AUDITS.—Section 504(g) of such Act (22

U.S.C. 4413(g)) is amended by striking ‘‘United States Information Agency’’ and inserting

‘‘Department of State’’.

(c) FREEDOM OF INFORMATION.—Section 506

of such Act (22 U.S.C. 4415) is amended—

(1) in subsection (b)—

(A) by striking ‘‘Director’’ each of the

three places it appears and inserting ‘‘Secretary’’; and

(B) by striking ‘‘of the United States Information Agency’’ and inserting ‘‘of State’’;

and

(2) in subsection (c)—

(A) in the subsection heading by striking

‘‘USIA’’ and inserting ‘‘DEPARTMENT OF

STATE’’;

(B) by striking ‘‘Director’’ each of the

three places it appears and inserting ‘‘Secretary’’;

(C) by striking ‘‘of the United States Information Agency’’ and inserting ‘‘of State’’;

and

(D) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’.

SEC. 350. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES.

(a) PROGRAM AUTHORITY.—Section 603 of

the Foreign Relations Authorization Act,

Fiscal Years 1986 and 1987 (22 U.S.C. 4703) is

amended by striking ‘‘United States Information Agency’’ and inserting ‘‘Department

of State’’.

(b) GUIDELINES.—Section 604(11) of such

Act (22 U.S.C. 4704(11)) is amended by striking ‘‘United States Information Agency’’ and

inserting ‘‘Department of State’’.

(c) POLICY REGARDING OTHER INTERNATIONAL EDUCATIONAL PROGRAMS.—Section

606(b) of such Act (22 U.S.C. 4706(b)) is

amended—

(1) in the subsection heading, by striking

‘‘USIA’’ and inserting ‘‘STATE DEPARTMENT’’;

and

(2) by striking ‘‘Director of United States

Information Agency’’ and inserting ‘‘Secretary of State’’.

(d) GENERAL AUTHORITIES.—Section 609(e)

of such Act (22 U.S.C. 4709(e)) is amended by

striking ‘‘United States Information Agency’’ and inserting ‘‘Department of State’’.

SEC. 351. FASCELL FELLOWSHIP BOARD.

Section 1003(b) of the Fascell Fellowship

Act (22 U.S.C. 4902(b)) is amended—

(1) in the text above paragraph (1), by

striking ‘‘9 members’’ and inserting ‘‘8 members’’;

(2) by striking paragraph (3); and

(3) by redesignating paragraph (4) as paragraph (3).

SEC. 352. NATIONAL SECURITY EDUCATION

BOARD.

Section 803 of the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 1903(b))

is amended—

(1) in subsection (b)—

(A) by striking paragraph (6); and

(B) by redesignating paragraphs (7) and (8)

as paragraphs (6) and (7); and

(2) in subsection (c), by striking ‘‘subsection (b)(7)’’ and inserting ‘‘subsection

(b)(6)’’.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5417

SEC. 353. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN

NORTH AND SOUTH.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

(22 U.S.C. 2075) is amended by striking ‘‘Director of the United States Information

Agency’’ each place it appears and inserting

‘‘Secretary of State’’.

SEC. 354. EAST-WEST CENTER.

(a) DUTIES.—Section 703 of the Mutual Security Act of 1960 (22 U.S.C. 2055) is amended—

(1) in the text above paragraph (1), by

striking ‘‘Director of the United States Information Agency (hereinafter referred to as

the ‘Director’)’’ and inserting ‘‘Secretary of

State (hereinafter referred to as the ‘Secretary’)’’; and

(2) in paragraph (1), by striking ‘‘establishment and’’.

(b) ADMINISTRATION.—Section 704 of such

Act (22 U.S.C. 2056) is amended—

(1) by striking ‘‘Director of the United

States Information Agency’’ and inserting

‘‘Secretary of State’’; and

(2) by striking ‘‘Director’’ each place it appears and inserting ‘‘Secretary’’.

SEC. 355. MISSION OF THE DEPARTMENT OF

STATE.

Section 202 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C.

1461–1) is amended—

(1) in the first sentence, by striking ‘‘mission of the International Communication

Agency’’ and inserting ‘‘mission of the Department of State in carrying out its information, educational, and cultural functions’’;

(2) in the second sentence, in the text

above paragraph (1), by striking ‘‘International Communication Agency’’ and inserting ‘‘Department of State’’;

(3) in paragraph (1)(B), by striking ‘‘Agency’’ and inserting ‘‘Department’’; and

(4) in paragraph (5), by striking ‘‘mission of

the Agency’’ and inserting ‘‘mission described in this section’’.

SEC. 356. CONSOLIDATION OF ADMINISTRATIVE

SERVICES.

Section 23(a) of the State Department

Basic Authorities Act of 1956 (22 U.S.C.

2695(a)) is amended—

(1) by striking ‘‘(including’’ and all that

follows through ‘‘Agency)’’; and

(2) by striking ‘‘other such agencies’’ and

inserting ‘‘other Federal agencies’’.

SEC. 357. GRANTS.

Section 212 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

(22 U.S.C. 1475h) is amended—

(1) in subsection (a), by striking ‘‘United

States Information Agency’’ and inserting

‘‘Department of State, in carrying out its

international information, educational, and

cultural functions,’’;

(2) in subsection (b), by striking ‘‘United

States Information Agency’’ and inserting

‘‘Department of State’’;

(3) in subsection (c)—

(A) in paragraph (1), by striking ‘‘United

States Information Agency shall substantially comply with United States Information Agency’’ and inserting ‘‘Department of

State, in carrying out its international information, educational, and cultural functions, shall substantially comply with Department of State’’; and

(B) in paragraphs (2) and (3)—

(i) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(ii) by striking ‘‘Agency’’ each of the

places it appears and inserting ‘‘Department’’; and

(4) by striking subsection (d).

SEC. 358. BAN ON DOMESTIC ACTIVITIES.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

(22 U.S.C. 1461–1a) is amended—

(1) by striking out ‘‘United States Information Agency’’ each of the two places it appears and inserting ‘‘Department of State’’;

and

(2) by inserting ‘‘in carrying out its international information, educational, and cultural activities’’ before ‘‘shall be distributed’’.

SEC. 359. CONFORMING REPEAL TO THE ARMS

CONTROL AND DISARMAMENT ACT.

Section 34(b) of the Arms Control and Disarmament Act (22 U.S.C. 2574(b)) is repealed.

SEC. 360. REPEAL RELATING TO PROCUREMENT

OF LEGAL SERVICES.

Section 26(b) of the State Department

Basic Authorities Act of 1956 (22 U.S.C.

2698(b)) is repealed.

SEC. 361. REPEAL RELATING TO PAYMENT OF

SUBSISTENCE EXPENSES.

Section 32 of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2704) is

amended by striking the second sentence.

SEC. 362. CONFORMING AMENDMENT TO THE

SEED ACT.

Section 2(c) of the Support for East European Democracy (SEED) Act of 1989 (22

U.S.C. 5401(c)) is amended in paragraph (17)

by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’.

SEC. 363. INTERNATIONAL CULTURAL AND

TRADE CENTER COMMISSION.

Section 7(c) of the Federal Triangle Development Act (40 U.S.C. 1106(c)) is amended—

(1) in the text above subparagraph (A), by

striking ‘‘15 members’’ and inserting ‘‘14

members’’;

(2) by striking subparagraph (F); and

(3) by redesignating subparagraphs (G)

through (J) as subparagraphs (F) through (I),

respectively.

SEC. 364. FOREIGN SERVICE ACT OF 1980.

(a) OTHER AGENCIES UTILIZING SERVICE.—

Section 202(a) of the Foreign Service Act of

1980 (22 U.S.C. 3922(a)) is amended by striking

paragraph (1).

(b) BOARD OF THE FOREIGN SERVICE.—Section 210 of such Act (22 U.S.C. 3930) is amended by striking ‘‘the United States Information Agency, the United States International

Development Cooperation Agency,’’.

SEC. 365. AU PAIR PROGRAMS.

Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101–454) is

amended by striking ‘‘Director of the United

States Information Agency’’ and inserting

‘‘Secretary of State’’.

SEC. 366. EXCHANGE PROGRAM WITH COUNTRIES

IN TRANSITION FROM TOTALITARIANISM TO DEMOCRACY.

Section 602 of the National and Community Service Act of 1990 (22 U.S.C. 2452a) is

amended—

(1) in the second sentence of subsection (a),

by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(2) in subsection (b)—

(A) by striking ‘‘appropriations account of

the United States Information Agency’’ and

inserting ‘‘appropriate appropriations account of the Department of State’’; and

(B) by striking ‘‘and the United States Information Agency’’.

SEC. 367. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.

Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

(22 U.S.C. 2452 note) is amended—

(1) by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of

State’’; and

(2) by striking subsection (d).

SEC. 368. IMPLEMENTATION OF CONVENTION ON

CULTURAL PROPERTY.

Title III of the Convention on Cultural

Property Implementation Act (19 U.S.C. 2601

et seq.) is amended by striking ‘‘Director of

the United States Information Agency’’ each

place it appears and inserting ‘‘Secretary of

State’’.

SEC. 369. MIKE MANSFIELD FELLOWSHIPS.

Section 252(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(22 U.S.C. 6101(a)) is amended by striking

‘‘Director of the United States Information

Agency’’ and inserting ‘‘Secretary of State’’.

TITLE IV—AGENCY FOR INTERNATIONAL

DEVELOPMENT

CHAPTER 1—GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in

subsection (b), this title, and the amendments made by this title, shall take effect—

(1) on March 1, 1997; or

(2) on such earlier date as the President

shall determine to be appropriate and announce by notice published in the Federal

Register, which date may be not earlier than

60 calendar days (excluding any day on which

either House of Congress is not in session because of an adjournment sine die) after the

President has submitted a reorganization

plan to the appropriate congressional committees pursuant to section 421.

(b) REORGANIZATION PLAN.—Section 421

shall take effect on the date of enactment of

this Act.

SEC. 402. REFERENCES IN TITLE.

Except as specifically provided in this

title, whenever in this title an amendment

or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a

provision of the Foreign Assistance Act of

1961.

CHAPTER 2—ABOLITION OF THE AGENCY

FOR INTERNATIONAL DEVELOPMENT

AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE

SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.

The Agency for International Development

and the International Development Cooperation Agency are abolished.

SEC. 412. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

There are transferred to the Secretary of

State all functions of the Administrator of

the Agency for International Development

and the Director of the International Development Cooperation Agency and all functions of the Agency for International Development and the International Development

Cooperation Agency and any officer or component of such agencies under any statute,

reorganization plan, Executive order, or

other provision of law before the effective

date of this title, except as otherwise provided in this title.

CHAPTER 3—REORGANIZATION OF DEPARTMENT OF STATE RELATING TO

FUNCTIONS TRANSFERRED UNDER THIS

TITLE

SEC. 421. REORGANIZATION PLAN.

(a) SUBMISSION OF PLAN.—Not later than

March 1, 1996, the President, in consultation

with the Secretary and the Administrator of

the Agency for International Development,

shall transmit to the appropriate congressional committees a reorganization plan providing for—

(1) the abolition of the Agency for International Development in accordance with

this title;
H 5418 CONGRESSIONAL RECORD — HOUSE May 23, 1995

(2) the transfer to the Department of State

of the functions and personnel of the Agency

for International Development consistent

with the provisions of this title; and

(3) the consolidation, reorganization, and

streamlining of the Department upon the

transfer of functions under this title in order

to carry out such functions.

(b) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) identify the functions of the Agency for

International Development that will be

transferred to the Department under the

plan;

(2) identify the personnel and positions of

the Agency (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred to the Department, separated from service with the

Agency, or be eliminated under the plan, and

set forth a schedule for such transfers, separations, and terminations;

(3) identify the personnel and positions of

the Department (including civil service personnel, Foreign Service personnel, and

detailees) that will be transferred within the

Department, separated from service with the

Department, or eliminated under the plan,

and set forth a schedule for such transfers,

separations, and terminations;

(4) specify the consolidations and reorganization of functions of the Department that

will be required under the plan in order to

permit the Department to carry out the

functions transferred to the Department

under the plan;

(5) specify the funds available to the Agency for International Development that will

be transferred to the Department under this

title as a result of the transfer of functions

of the Agency to the Department;

(6) specify the proposed allocations within

the Department of unexpended funds transferred in connection with the transfer of

functions under the plan; and

(7) specify the proposed disposition of the

property, facilities, contracts, records, and

other assets and liabilities of the Agency in

connection with the transfer of the functions

of the Agency to the Department.

(c) ASSISTANT SECRETARY POSITIONS.—The

plan under subsection (a) shall provide for an

appropriate number of Assistant Secretaries

of State to carry out the functions transferred to the Department under this title.

SEC. 422. PRINCIPAL OFFICERS.

(a) UNDER SECRETARY OF STATE FOR DEVELOPMENT AND ECONOMIC AFFAIRS.—

(1) ESTABLISHMENT.—Section 1(b) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(b)) is amended by adding

after paragraph (2) the following new paragraph:

‘‘(3) UNDER SECRETARY FOR DEVELOPMENT

AND ECONOMIC AFFAIRS.—There shall be in the

Department of State an Under Secretary for

Development and Economic Affairs who

shall assist the Secretary and the Deputy

Secretary in the formation and implementation of United States policies and activities

concerning international development and

economic affairs.’’.

(b) TRANSITION PROVISION.—The President

may appoint the individual serving as Administrator of the Agency for International

Development on the day before the effective

date of this title, or such other official appointed by and with the advice and consent

of the Senate and serving within the Department of State or the Agency for International Development as the President considers appropriate, to serve as the acting

Under Secretary for Development and Economic Affairs until an individual is appointed to that office in accordance with section 1(b)(1) of the State Department Basic

Authorities Act of 1956, as amended by this

Act.

CHAPTER 4—CONFORMING AMENDMENTS

SEC. 441. REFERENCES.

Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Administrator of the Agency for

International Development, or any other officer or employee of the Agency for International Development shall be deemed to

refer to the Secretary of State;

(2) the Director or any other officer or employee of the International Development Cooperation Agency (IDCA) shall be deemed to

refer to the Secretary of State; or

(3) the Agency for International Development, AID, the agency primarily responsible

for administering part I of the Foreign Assistance Act of 1961, or the International Development Cooperation Agency (IDCA) shall

be deemed to refer to the Department of

State.

SEC. 442. ABOLITION OF OFFICE OF INSPECTOR

GENERAL OF THE AGENCY FOR

INTERNATIONAL DEVELOPMENT

AND TRANSFER OF FUNCTIONS TO

OFFICE OF INSPECTOR GENERAL OF

THE DEPARTMENT OF STATE.

(a) ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Office of Inspector General

of the Agency for International Development

is abolished.

(b) AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978.—The Inspector General

Act of 1978 (5 U.S.C. App.) is amended as follows:

(1) Section 8A is repealed.

(2) Section 11(1) is amended by striking

‘‘the Administrator of the Agency for International Development,’’.

(3) Section 11(2) is amended by striking

‘‘the Agency for International Development,’’.

(c) AMENDMENTS TO TITLE 5, UNITED STATES

CODE.—Section 5315 of title 5, United States

Code, is amended by striking the following:

‘‘Inspector General, Agency for International

Development.’’.

(d) FUNCTIONS OF OFFICE OF INSPECTOR GENERAL OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT TRANSFERRED TO OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF

STATE.—There are transferred to the Office

of Inspector General of the Department of

State the functions that the Office of Inspector General of the Agency for International

Development exercised before the effective

date of this title (including all related functions of the Inspector General of the Agency

for International Development).

(e) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—The Inspector

General of the Department of State, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended

balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions

of this section.

SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT AND

TRANSFER OF FUNCTIONS TO CHIEF

FINANCIAL OFFICER DEPARTMENT

OF STATE.

(a) ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Office of Chief

Financial Officer of the Agency for International Development is abolished.

(b) AMENDMENT TO TITLE 31, UNITED STATES

CODE.—Section 901(b)(2) of title 31, United

States Code, is amended by striking subparagraph (A).

(c) FUNCTIONS OF OFFICE OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT TRANSFERRED TO OFFICE OF CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF STATE.—There are transferred

to the Office of Chief Financial Officer of the

Department of State the functions that the

Office of Chief Financial Officer of the Agency for International Development exercised

before the effective date of this title (including all related functions of the Chief Financial Officer of the Agency for International

Development).

(d) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.—The Director of

the Office of Management and Budget, in

consultation with the Secretary of State, is

authorized to make such incidental dispositions of personnel, assets, liabilities, grants,

contracts, property, records, and unexpended

balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as

may be necessary to carry out the provisions

of this section.

SEC. 444. AMENDMENTS TO TITLE 5, UNITED

STATES CODE.

Title 5, United States Code, is amended—

(1) in section 5313, by striking ‘‘Administrator, Agency for International Development.’’;

(2) in section 5314, by striking ‘‘Deputy Administrator, Agency for International Development.’’;

(3) in section 5315—

(A) by striking ‘‘Assistant Administrators,

Agency for International Development (6).’’;

and

(B) by striking ‘‘Regional Assistant Administrators, Agency for International Development (4).’’; and

(4) in section 5316 by striking ‘‘General

Counsel of the Agency for International Development.’’.

SEC. 445. PUBLIC LAW 480 PROGRAM.

The Agricultural Trade Development and

Assistance Act of 1954 (Public Law 83–480; 7

U.S.C. 1691 et seq.) is amended by striking

‘‘Administrator’’ each place it appears and

inserting ‘‘Under Secretary of State for Development and Economic Affairs’’.

TITLE V—TRANSITION

SEC. 501. REORGANIZATION AUTHORITY.

(a) IN GENERAL.—The Secretary is authorized, subject to the requirements of this division, to allocate or reallocate any function

transferred to the Department under any

title of this division among the officers of

the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as

may be necessary or appropriate to carry out

any reorganization under this division, but

the authority of the Secretary under this

section does not extend to—

(1) the abolition of organizational entities

or officers established by this Act or any

other Act; or

(2) the alteration of the delegation of functions to any specific organizational entity or

officer required by this Act or any other Act.

(b) REQUIREMENTS AND LIMITATIONS ON REORGANIZATION PLANS.—A reorganization plan

pursuant to any title of this division may

not have the effect of—

(1) creating a new executive department;

(2) continuing a function beyond the period

authorized by law for its exercise or beyond

the time when it would have terminated if

the reorganization had not been made;

(3) authorizing an agency to exercise a

function which is not authorized by law at

the time the plan is transmitted to Congress;

(4) creating a new agency which is not a

component or part of an existing executive

department or independent agency; or
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5419

(5) increasing the term of an office beyond

that provided by law for the office.

SEC. 502. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

(a) IN GENERAL.—Except as otherwise provided in this Act, the personnel employed in

connection with, and the assets, liabilities,

contracts, property, records, and unexpended

balance of appropriations, authorizations, allocations, and other funds employed, held,

used, arising from, available to, or to be

made available in connection with the functions and offices, or portions thereof transferred by any title of this division, subject to

section 1531 of title 31, United States Code,

shall be transferred to the Secretary for appropriate allocation.

(b) LIMITATION ON USE OF TRANSFERRED

FUNDS.—Unexpended and unobligated funds

transferred pursuant to any title of this division shall be used only for the purposes for

which the funds were originally authorized

and appropriated.

(c) AUTHORIZED STRENGTH OF THE FOREIGN

SERVICE.—When an agency is abolished under

this division, the limitations for fiscal years

1996 and 1997 under section 2351 of this Act on

the members of the Foreign Service authorized to be employed by such agency shall be

added to the limitations under such section

which apply to the Department of State.

SEC. 503. INCIDENTAL TRANSFERS.

The Director of the Office of Management

and Budget, in consultation with the Secretary of State, is authorized to make such

incidental dispositions of personnel, assets,

liabilities, grants, contracts, property,

records, and unexpended balances of appropriations, authorizations, allocations, and

other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of any

title of this division. The Director of the Office of Management and Budget, in consultation with the Secretary of State, shall provide for the termination of the affairs of all

entities terminated by this division and for

such further measures and dispositions as

may be necessary to effectuate the purposes

of any title of this division.

SEC. 504. EFFECT ON PERSONNEL.

(a) EXECUTIVE SCHEDULE POSITIONS.—Except as otherwise provided in this division,

any person who, on the day preceding the

date of the abolition of an agency the functions of which are transferred under any

title of this division, held a position compensated in accordance with the Executive

Schedule prescribed in chapter 53 of title 5,

United States Code, and who, without a

break in service, is appointed in the Department to a position having duties comparable

to the duties performed immediately preceding such appointment shall continue to be

compensated in such new position at not less

than the rate provided for such previous position, for the duration of the service of such

person in such new position.

(b) TERMINATION OF CERTAIN POSITIONS.—

Positions whose incumbents are appointed

by the President, by and with the advice and

consent of the Senate, the functions of which

are transferred by any title of this division,

shall terminate on the effective date of that

title.

(c) EXCEPTED SERVICE.—(1) Subject to paragraph (2), in the case of employees occupying

positions in the excepted service or the Senior Executive Service, any appointment authority established pursuant to law or regulations of the Office of Personnel Management for filling such positions shall be transferred.

(2) The Department of State may decline a

transfer of authority under paragraph (1)

(and the employees appointed pursuant

thereto) to the extent that such authority

relates to positions excepted from the competitive service because of their confidential,

policy-making, policy-determining, or policy-advocating character, and noncareer positions in the Senior Executive Service

(within the meaning of section 3132(a)(7) of

title 5, United States Code).

(d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any

employee accepting employment with the

Department of State as a result of a transfer

pursuant to any title of this division may retain for 1 year after the date such transfer

occurs membership in any employee benefit

program of the former agency, including insurance, to which such employee belongs on

the date of the enactment of this Act if—

(A) the employee does not elect to give up

the benefit or membership in the program;

and

(B) the benefit or program is continued by

the Secretary of State.

(2) The difference in the costs between the

benefits which would have been provided by

such agency or entity and those provided by

this section shall be paid by the Secretary of

State. If any employee elects to give up

membership in a health insurance program

or the health insurance program is not continued by the Secretary of State, the employee shall be permitted to select an alternate Federal health insurance program within 30 days of such election or notice, without

regard to any other regularly scheduled open

season.

(e) SENIOR EXECUTIVE SERVICE.—Any employee in the career Senior Executive Service who is transferred pursuant to any title

of this division shall be placed in a position

at the Department of State which is comparable to the position the employee held in

the agency.

(f) ASSIGNMENTS.—(1) Transferring employees shall be provided reasonable notice of

new positions and assignments prior to their

transfer pursuant to any title of this division.

(2) Foreign Service personnel transferred

to the Department of State pursuant to any

title of this division shall be eligible for any

assignment open to Foreign Service personnel within the Department for which such

transferred personnel are qualified.

(g) TREATMENT OF PERSONNEL EMPLOYED IN

TERMINATED FUNCTIONS.—The provisions of

this subsection shall apply with respect to

officers and employees of the agencies identified in section 505(b) whose employment is

terminated as a result of the abolition of the

agency or the reorganization and consolidation of functions of the Department of State

under any title of this division:

(1) Under such regulations as the Office of

Personnel Management may prescribe, the

head of any agency in the executive branch

may appoint in the competitive service any

person who is certified by the head of the

former agency as having served satisfactorily in the former agency and who passes

such examination as the Office of Personnel

Management may prescribe. Any person so

appointed shall, upon completion of the prescribed probationary period, acquire a competitive status.

(2) The head of any agency in the executive

branch having an established merit system

in the excepted service may appoint in such

service any person who is certified by the

head of the former agency as having served

satisfactorily in the former agency and who

passes such examination as the head of such

agency in the executive branch may prescribe.

(3) Any appointment under this subsection

shall be made within a period of one year

after completion of the appointee’s service in

the former agency.

(4) Any law, Executive order, or regulation

which would disqualify an applicant for appointment in the competitive service or in

the excepted service concerned shall also disqualify an applicant for appointment under

this subsection.

SEC. 505. VOLUNTARY SEPARATION INCENTIVES.

(a) AUTHORITY TO PAY INCENTIVES.—The

head of an agency referred to in subsection

(b) may pay voluntary incentive payments to

employees of the agency in order to avoid or

minimize the need for involuntary separations from the agency as a result of the abolition of the agency and the reorganization

and consolidation of functions of the Department of State under any title of this division.

(b) COVERED AGENCIES.—Subsection (a) applies to the following agencies:

(1) The Department of State.

(2) The United States Arms Control and

Disarmament Agency.

(3) The United States Information Agency.

(4) The Agency for International Development.

(c) PAYMENT REQUIREMENTS.—The head of

an agency shall pay voluntary separation incentive payments in accordance with the

provisions of section 3 of the Federal

Workforce Restructuring Act of 1994 (Public

Law 103–226; 108 Stat. 111), except that an

employee of the agency shall be deemed to

be eligible for payment of a voluntary separation incentive payment under that section

if the employee separates from service with

the agency during the period beginning on

the date of enactment of this Act and ending—

(1) in the case of an agency referred to in

paragraph (2), (3), or (4) of subsection (b), on

the date of the abolition of that agency

under this division; and

(2) in the case of the Department of State,

on September 30, 1997.

(d) TERMINATION OF AUTHORITY.—The authority of the head of an agency to authorize

payment of voluntary separation incentive

payments under this section shall expire

on—

(1) in the case of an agency referred to in

paragraph (2), (3), or (4) of subsection (b), on

the date of the abolition of that agency

under this division; and

(3) in the case of the Department of State,

September 30, 1997.

(e) BUDGET ACT COMPLIANCE.—Any new

spending authority (within the meaning of

section 401 of the Congressional Budget Act

of 1974) which is provided under this section

shall be effective for any fiscal year only to

the extent or in such amounts as are provided in advance in appropriations Acts.

(f) EFFECT OF SUBSEQUENT EMPLOYMENT

WITH THE GOVERNMENT.—An employee who

has received a voluntary separation incentive payment under this section and accepts

employment with the Government of the

United States within 5 years after the date

of the separation on which the payment is

based shall be required to repay the entire

amount of the incentive payment to the

agency that paid the incentive payment.

(g) ADDITIONAL AGENCY CONTRIBUTIONS TO

THE RETIREMENT FUND.—

(1) IN GENERAL.—In addition to any other

payments which it is required to make under

subchapter III of chapter 83 or chapter 84 of

title 5, United States Code, in fiscal years

1996, 1997, and 1998 each agency under subsection (b) of this section shall, before the

end of each such fiscal year, remit to the Office of Personnel Management for deposit in

the Treasury of the United States for credit

of the Civil Service Retirement and Disability Fund an amount equal to the product

of—

(A) the number of employees of such agency who, as of March 31st of such fiscal year,
H 5420 CONGRESSIONAL RECORD — HOUSE May 23, 1995

are subject to subchapter III of chapter 83 or

chapter 84 of such title; multiplied by

(B) $80.

(2) REGULATIONS.—The Director of the Office of Personnel Management may prescribe

any regulations necessary to carry out this

subsection.

SEC. 506. SAVINGS PROVISIONS.

(a) CONTINUING LEGAL FORCE AND EFFECT.—

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations,

privileges, and other administrative actions—

(1) that have been issued, made, granted, or

allowed to become effective by the President, any Federal agency or official thereof,

or by a court of competent jurisdiction, in

the performance of functions that are transferred under any title of this division; and

(2) that are in effect at the time such title

takes effect, or were final before the effective date of such title and are to become effective on or after the effective date of such

title,

shall continue in effect according to their

terms until modified, terminated, superseded, set aside, or revoked in accordance

with law by the President, the Secretary, or

other authorized official, a court of competent jurisdiction, or by operation of law.

(b) PENDING PROCEEDINGS.—(1) The provisions of any title of this division shall not affect any proceedings, including notices of

proposed rulemaking, or any application for

any license, permit, certificate, or financial

assistance pending on the effective date of

any title of this division before any department, agency, commission, or component

thereof, functions of which are transferred

by any title of this division. Such proceedings and applications, to the extent that

they relate to functions so transferred, shall

be continued.

(2) Orders shall be issued in such proceedings, appeals shall be taken therefrom, and

payments shall be made pursuant to such orders, as if this Act had not been enacted. Orders issued in any such proceedings shall

continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction,

or by operation of law.

(3) Nothing in this Act shall be deemed to

prohibit the discontinuance or modification

of any such proceeding under the same terms

and conditions and to the same extent that

such proceeding could have been discontinued or modified if this Act had not been

enacted.

(4) The Secretary is authorized to promulgate regulations providing for the orderly

transfer of proceedings continued under this

subsection to the Department.

(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—

Except as provided in subsection (e)—

(1) the provisions of this Act shall not affect suits commenced prior to the effective

date of this Act, and

(2) in all such suits, proceedings shall be

had, appeals taken, and judgments rendered

in the same manner and effect as if this Act

had not been enacted.

(d) NON-ABATEMENT OF PROCEEDINGS.—No

suit, action, or other proceeding commenced

by or against any officer in the official capacity of such individual as an officer of any

department or agency, functions of which

are transferred by any title of this division,

shall abate by reason of the enactment of

this Act. No cause of action by or against

any department or agency, functions of

which are transferred by any title of this division, or by or against any officer thereof in

the official capacity of such officer shall

abate by reason of the enactment of this Act.

(e) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PARTIES.—If, before the date on

which any title of this division takes effect,

any department or agency, or officer thereof

in the official capacity of such officer, is a

party to a suit, and under this Act any function of such department, agency, or officer is

transferred to the Secretary or any other official of the Department, then such suit shall

be continued with the Secretary or other appropriate official of the Department substituted or added as a party.

(f) REVIEWABILITY OF ORDERS AND ACTIONS

UNDER TRANSFERRED FUNCTIONS.—Orders and

actions of the Secretary in the exercise of

functions transferred under any title of this

division shall be subject to judicial review to

the same extent and in the same manner as

if such orders and actions had been by the

agency or office, or part thereof, exercising

such functions immediately preceding their

transfer. Any statutory requirements relating to notice, hearings, action upon the

record, or administrative review that apply

to any function transferred by any title of

this division shall apply to the exercise of

such function by the Secretary.

SEC. 507. PROPERTY AND FACILITIES.

The Secretary of State shall review the

property and facilities transferred to the Department under this division to determine

whether such property and facilities are required by the Department.

SEC. 508. AUTHORITY OF SECRETARY TO FACILITATE TRANSITION.

Prior to, or after, any transfer of a function under any title of this division, the Secretary is authorized to utilize—

(1) the services of such officers, employees,

and other personnel of an agency with respect to functions that will be or have been

transferred to the Department by any title

of this division; and

(2) funds appropriated to such functions for

such period of time as may reasonably be

needed to facilitate the orderly implementation of any title of this division.

SEC. 509. RECOMMENDATIONS FOR ADDITIONAL

CONFORMING AMENDMENTS.

The Congress urges the President, in consultation with the Secretary of State and

the heads of other appropriate agencies, to

develop and submit to the Congress recommendations for such additional technical

and conforming amendments to the laws of

the United States as may be appropriate to

reflect the changes made by this division.

SEC. 510. FINAL REPORT.

Not later than October 1, 1998, the President, in consultation with the Secretary of

the Treasury and the Director of the Office

of Management and Budget shall submit to

the appropriate congressional committees a

report which provides a final accounting of

the finances and operations of the United

States Arms Control and Disarmament

Agency, the United States Information

Agency, and the Agency for International

Development.

SEC. 511. SEVERABILITY.

If a provision of this division or its application to any person or circumstance is held

invalid, neither the remainder of this division nor the application of the provision to

other persons or circumstances shall be affected.

DIVISION B—FOREIGN RELATIONS

AUTHORIZATIONS

TITLE XX—GENERAL PROVISIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Relations Authorization Act, Fiscal Years

1996 and 1997’’.

SEC. 2002. DEFINITIONS.

The following terms have the following

meaning for the purposes of this division:

(1) The term ‘‘AID’’ means the Agency for

International Development.

(2) The term ‘‘ACDA’’ means the United

States Arms Control and Disarmament

Agency.

(3) The term ‘‘appropriate congressional

committees’’ means the Committee on International Relations of the House of Representatives and the Committee of Foreign

Relations of the Senate.

(4) The term ‘‘Department’’ means the Department of State.

(5) The term ‘‘Federal agency’’ has the

meaning given to the term ‘‘agency’’ by section 551(1) of title 5, United States Code.

(6) The term ‘‘function’’ means any duty,

obligation, power, authority, responsibility,

right, privilege, activity, or program.

(7) The term ‘‘office’’ includes any office,

administration, agency, institute, unit, organizational entity, or component thereof.

(8) The term ‘‘Secretary’’ means the Secretary of State.

(9) The term ‘‘USIA’’ means the United

States Information Agency.

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF

STATE AND CERTAIN INTERNATIONAL

AFFAIRS FUNCTIONS AND ACTIVITIES

CHAPER 1—AUTHORIZATIONS OF

APPROPRIATIONS

SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

(a) AUTHORIZATION OF APPROPRIATIONS.—

The following amounts are authorized to be

appropriated for the Department of State

under ‘‘Administration of Foreign Affairs’’

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States and

for other purposes authorized by law, including the diplomatic security program:

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

For ‘‘Diplomatic and Consular Programs’’, of

the Department of State $1,728,797,000 for the

fiscal year 1996 and $1,676,903,000 for the fiscal

year 1997.

(B) LIMITATION.—Of the amounts authorized to be appropriated by subparagraph (A),

$5,000,000 for fiscal year 1996 and $5,000,000 for

fiscal year 1997 are authorized to be appropriated only for the purpose of processing

immigrant visas for persons who are outside

their countries of nationality, have asserted

a fear of returning to their countries of nationality and a credible basis for such fear,

and for whom immigrant visas are currently

available.

(2) SALARIES AND EXPENSES.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

For ‘‘Salaries and Expenses’’, of the Department of State $366,276,000 for the fiscal year

1996 and $355,287,000 for the fiscal year 1997.

(B) LIMITATION.—Of the amounts authorized to be appropriated by subparagraph (A),

$11,900,000 for fiscal year 1996 and $11,900,000

for fiscal year 1997 are authorized to be appropriated only for salaries and expenses of

the Bureau of Refugee and Migration Assistance.

(3) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment Fund’’, of the Department of

State $20,000,000 for the fiscal year 1996 and

$20,000,000 for the fiscal year 1997.

(4) ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD.—For ‘‘Acquisition and Maintenance of Buildings Abroad’’, $391,760,000 for

the fiscal year 1996 and $391,760,000 for the

fiscal year 1997.

(5) REPRESENTATION ALLOWANCES.—For

‘‘Representation Allowances’’, $4,780,000 for

the fiscal year 1996 and $4,780,000 for the fiscal year 1997.

(6) EMERGENCIES IN THE DIPLOMATIC AND

CONSULAR SERVICE.—For ‘‘Emergencies in the

Diplomatic and Consular Service’’, $6,000,000

for the fiscal 1996 and $6,000,000 for the fiscal

year 1997.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5421

(7) OFFICE OF THE INSPECTOR GENERAL.—For

‘‘Office of the Inspector General’’, $23,469,000

for the fiscal year 1996 and $23,469,000 for the

fiscal year 1997.

(8) PAYMENT TO THE AMERICAN INSTITUTE IN

TAIWAN.—For ‘‘Payment to the American Institute in Taiwan’’, $15,165,000 for the fiscal

year 1996 and $14,710,000 for the fiscal year

1997.

(9) PROTECTION OF FOREIGN MISSIONS AND

OFFICIALS.—For ‘‘Protection of Foreign Missions and Officials’’, $9,579,000 for the fiscal

year 1996 and $9,579,000 for the fiscal year

1997.

(10) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’, $776,000 for the fiscal year 1996

and $776,000 for the fiscal year 1997, for administrative expenses.

SEC. 2102. INTERNATIONAL ORGANIZATIONS,

PROGRAMS, AND CONFERENCES.

(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—There are authorized to be appropriated for ‘‘Contributions to

International Organizations’’, $873,505,000 for

the fiscal year 1996 and $867,050,000 for the

fiscal year 1997 for the Department of State

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States with

respect to international organizations and to

carry out other authorities in law consistent

with such purposes.

(b) VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for

‘‘Voluntary Contributions to International

Organizations’’, $309,375,000 for the fiscal

year 1996 and $302,902,000 for the fiscal year

1997.

(2) LIMITATIONS.—

(A) UNICEF.—

(i) Of the amounts authorized to be appropriated under paragraph (1), $103,000,000 for

fiscal year 1996 and $103,000,000 for fiscal year

1997 is authorized to be appropriated only for

the United Nations Children’s Fund

(UNICEF).

(ii) For fiscal year 1996, not more than 25

percent of the amount under clause (i) may

be made available to the United Nations

Children’s Fund (UNICEF) until 30 days after

the submission to Congress of the report required by section 2523.

(B) INTERNATIONAL ATOMIC ENERGY AGENCY.—

(i) Of the amounts authorized to be appropriated under paragraph (1), $43,000,000 for

each of fiscal years 1996 and 1997 is authorized to be appropriated only for the International Atomic Energy Agency (IAEA).

(ii) Amounts under clause (i) are authorized to be made available to the International Atomic Energy Agency only if the

Secretary determines and reports to the appropriate congressional committees that Israel is not being denied its right to participate in the activities of the International

Atomic Energy Agency.

(C) WAR CRIMES TRIBUNAL FOR THE FORMER

YUGOSLAVIA.—Of the amounts authorized to

be appropriated under paragraph (1),

$15,000,000 for fiscal year 1996 and $15,000,000

for fiscal year 1997, or 25 percent of the budget for the tribunal for each such fiscal year,

whichever amount is less, are authorized to

be made available for the United Nations

Voluntary Fund for the United Nations

International Criminal Tribunal for the

Former Yugoslavia, located at The Hague,

Netherlands.

(D) WORLD FOOD PROGRAM.—Of the

amounts authorized to be appropriated under

paragraph (1), $5,000,000 for fiscal year 1996

and $5,000,000 for fiscal year 1997 are authorized to be appropriated only for the World

Food Program.

(E) UNITED NATIONS VOLUNTARY FUND FOR

VICTIMS OF TORTURE.—Of the amounts authorized to be appropriated under paragraph

(1) $1,500,000 for fiscal year 1996 and $3,000,000

for fiscal year 1997 are authorized to be appropriated only for the United Nations Voluntary Fund for Victims of Torture.

(F) UNITED NATIONS POPULATION FUND.—

(i) Of the amounts authorized to be appropriated under paragraph (1) not more than

$25,000,000 for each of the fiscal years 1996

and 1997 shall be available for the United Nations Population Fund (UNFPA).

(ii) Of the amount made available for the

United Nations Population Fund under

clause (i)—

(I) for fiscal year 1996, not more than 50

percent of such amount may be disbursed to

the Fund before March 1, 1996; and

(II) for fiscal year 1997, not more than 50

percent of such amount may be disbursed to

the Fund before March 1, 1997.

(iii) Notwithstanding any other provision

of law, none of the funds made available for

the United Nations Population Fund shall be

available for the United States proportionate

share for activities in the People’s Republic

of China.

(iv)(I) Not later than February 15, 1996, and

February 15, 1997, the Secretary of State

shall submit a report indicating the amount

that the United Nations Population Fund is

budgeting for activities in the People’s Republic of China for 1996 or 1997, as appropriate, to 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.

(II) Before March 1, for each of the fiscal

years 1996 and 1997, if the United Nations

Population Fund is budgeting an amount in

excess of $7,000,000 for activities in the People’s Republic of China, a sum equal to the

amount in excess of $7,000,000 shall be deducted from amounts otherwise available for

payment to the United Nations Population

Fund.

(v) Amounts made available for the United

Nations Population Fund under clause (i)

may only be paid to the Fund if—

(I) the Fund maintains such amounts in a

separate account from other funds; and

(II) the Fund does not commingle amounts

provided under clause (i) with other funds.

(G) ORGANIZATION FOR AMERICAN STATES.—

Of the amounts authorized to be appropriated under paragraph (1), $15,000,000 for

fiscal year 1996 and $15,000,000 for fiscal year

1997 are authorized to be appropriated only

for the Organization for American States.

(H) LIMITATION CONCERNING USE OF FUNDS

UNDER SECTION 307 OF THE FOREIGN ASSISTANCE ACT OF 1961.—Notwithstanding any

other provision of law or of this Act, none of

the funds authorized to be appropriated

under paragraph (1) are authorized to be appropriated for the United States proportionate share, in accordance with section

307(c) of the Foreign Assistance Act of 1961,

for any programs identified in section 307, or

for Libya, Iran, or any Communist country

listed in section 620(f) of the Foreign Assistance Act of 1961.

(I) UNITED NATIONS DEVELOPMENT PROGRAM.—

(i) TOTAL LIMITATION.—Of the amounts authorized to be appropriated under paragraph

(1), for each of the fiscal years 1996 and 1997

not to exceed $70,000,000 shall be available for

the United Nations Development Program.

(ii) BURMA.—

(I) Subject to subclauses (II) and (III), for

each of the fiscal years 1996 and 1997 none of

the funds made available for United Nations

Development Program (or United Nations

Development Program—Administered

Funds) shall be available for programs and

activities in or for Burma.

(II) Of the amount made available for United Nations Development Program (and United Nations Development Program—Administered Funds) for fiscal year 1996, $18,200,000 of

such amount shall be disbursed only if the

President certifies to the Congress that the

United Nations Development Program has

terminated its activities in and for Burma.

(III) Of the amount made available for

United Nations Development Program (and

United Nations Development Program—Administered Funds) for fiscal year 1997,

$25,480,000 shall be disbursed only if the

President certifies to the Congress that the

United Nations Development Program has

terminated its activities in and for Burma.

(3) AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated under paragraph

(1) are authorized to remain available until

expended.

(c) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.—

(1) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for

‘‘Contributions for International Peacekeeping Activities’’, $445,000,000 for the fiscal

year 1996 and $345,000,000 for the fiscal year

1997 for the Department of State to carry out

the authorities, functions, duties, and responsibilities in the conduct of the foreign

affairs of the United States with respect to

international peacekeeping activities and to

carry out other authorities in law consistent

with such purposes.

(2) LIMITATION.—None of the funds authorized to be appropriated under paragraph (1)

may be made available for contributions to

the United Nations Protection Force unless

the President determines and reports to the

Congress during the calendar year in which

the funds are to be provided that—

(A) the Government of Bosnia and

Herzegovina supports the continued presence

of the United Nations Protection Force within its territory;

(B) the United Nations Protection Force is

effectively carrying out its mandate under

United Nations Security Council resolutions

761, 776, 781, 786, and 836, and is effectively

encouraging compliance with United Nations

Security Council resolutions 752, 757, 770, 771,

787, 820, and 824.

(C) the United Nations Protection Force is

providing full cooperation and support consistent with its mandate to the efforts of the

United Nations War Crimes Tribunal for the

former Yugoslavia to investigate war crimes

and to apprehend and prosecute suspected

war criminals;

(D) the United Nations Protection Force is

providing full cooperation and support consistent with its mandate to United States

diplomatic, military, and relief personnel in

Bosnia; and

(E) the United Nations Protection Force

has investigated and taken appropriate action against any United Nations Protection

Force personnel or units suspected of participating in illegal or improper activities, such

as black marketeering, embezzlement, expropriation of property, and assaults on civilians.

(d) PEACEKEEPING OPERATIONS.—There are

authorized to be appropriated for ‘‘Peacekeeping Operations’’, $68,260,000 for the fiscal

year 1996 and $68,260,000 for the fiscal year

1997 for the Department of State to carry out

section 551 of Public Law 87–195.

(e) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—

(1) GENERAL PROVISION.—There are authorized to be appropriated for ‘‘International

Conferences and Contingencies’’, $5,000,000

for the fiscal year 1996 and $6,000,000 for the

fiscal year 1997 for the Department of State
H 5422 CONGRESSIONAL RECORD — HOUSE May 23, 1995

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States with

respect to international conferences and contingencies and to carry out other authorities

in law consistent with such purposes.

(2) CONDITIONAL AUTHORITY.—

(A) Subject to subparagraph (B), in addition to such amounts as are authorized to be

appropriated under paragraph (1), there is

authorized to be appropriated for ‘‘International Conferences and Contingencies’’,

$1,000,000 for the fiscal year 1996 for the Department of State to carry out the authorities, functions, duties, and responsibilities in

the conduct of the foreign affairs of the United States with respect to international conferences and contingencies and to carry out

other authorities in law consistent with such

purposes.

(B) The authorization of appropriations

under subparagraph (A) shall take effect

only after the Secretary of State certifies to

the appropriate congressional committees

with respect to any United Nations Fourth

Conference on Women that is held in Beijing

that—

(i) no funds of the Department of State

were expended for travel by any United

States official or delegate to the Fourth

World Conference on Women, to be held in

Beijing, August and September 1995, or

(ii)(I) that the United States vigorously

urged the United Nations to grant accreditation to a wide range of nongovernmental organizations, including United States-based

groups representing Taiwanese and Tibetan

women, in accordance with relevant international standards and precedents;

(II) that the United States pressed the

Government of China to issue visas equitably

to representatives of accredited nongovernmental organizations;

(III) that the United States encouraged the

Government of China and the United Nations

to provide the accredited nongovernmental

organizations with access to the main conference site that is substantially equivalent

in manner and degree to access afforded at

previous major United Nations conferences;

(IV) that the United States delegation to

the Fourth World Conference on Women vigorously and publicly supported access by representatives of accredited nongovernmental

organizations to the conference, especially

with respect to United States nongovernmental organizations;

(V) that the United States delegation to

the Fourth World Conference on Women vigorously promoted universal respect for internationally recognized human rights, including the rights of women; and

(VI) that, if the goals of subparagraphs (I),

(II), or (III) were not fully accomplished, the

United States issued a formal, public, protest to the United Nations for such a departure from accepted international standards.

(f) FOREIGN CURRENCY EXCHANGE RATES.—

In addition to amounts otherwise authorized

to be appropriated by subsections (a) and (b)

of this section, there are authorized to be appropriated such sums as may be necessary

for each of the fiscal years 1996 and 1997 to

offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated

under this subsection shall be available for

obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies

to Congress that such amounts are necessary

due to such fluctuations.

SEC. 2103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to

be appropriated under ‘‘International Commissions’’ for the Department of State to

carry out the authorities, functions, duties,

and responsibilities in the conduct of the foreign affairs of the United States and for

other purposes authorized by law:

(1) INTERNATIONAL BOUNDARY AND WATER

COMMISSION, UNITED STATES AND MEXICO.—For

‘‘International Boundary and Water Commission, United States and Mexico’’—

(A) for ‘‘Salaries and Expenses’’ $13,858,000

for the fiscal year 1996 and $12,472,000 for the

fiscal year 1997; and

(B) for ‘‘Construction’’ $10,393,000 for the

fiscal year 1996 and $9,353,000 for the fiscal

year 1997.

(2) INTERNATIONAL BOUNDARY COMMISSION,

UNITED STATES AND CANADA.—For ‘‘International Boundary Commission, United

States and Canada’’, $740,000 for the fiscal

year 1996 and $666,000 for the fiscal year 1997.

(3) INTERNATIONAL JOINT COMMISSION.—For

‘‘International Joint Commission’’, $3,500,000

for the fiscal year 1996 and $3,195,000 for the

fiscal year 1997.

(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries Commissions’’, $14,669,000 for the fiscal year 1996

and $13,202,000 for the fiscal year 1997.

SEC. 2104. MIGRATION AND REFUGEE ASSISTANCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) MIGRATION AND REFUGEE ASSISTANCE.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

There are authorized to be appropriated for

‘‘Migration and Refugee Assistance’’ for authorized activities, $560,000,000 for the fiscal

year 1996 and $590,000,000 for the fiscal year

1997.

(B) LIMITATION.—None of the funds authorized to be appropriated by this section are

authorized to be appropriated for salaries

and administrative expenses of the Bureau of

Migration and Refugee Assistance.

(2) REFUGEES RESETTLING IN ISRAEL.—There

are authorized to be appropriated $80,000,000

for the fiscal year 1996 and $80,000,000 for the

fiscal year 1997 for assistance for refugees resettling in Israel from other countries.

(3) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—There are authorized to

be appropriated $1,500,000 for the fiscal year

1996 and $1,500,000 for the fiscal year 1997 for

humanitarian assistance, including but not

limited to food, medicine, clothing, and medical and vocational training to persons displaced as a result of civil conflict in Burma,

including persons still within Burma.

(4) RESETTLEMENT OF VIETNAMESE, LAOTIANS, AND CAMBODIANS.—There are authorized to be appropriated $30,000,000 for fiscal

year 1996 for the admission and resettlement

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.

(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,

promotes, or assists in the repatriation of

any person to Vietnam, Laos, or Cambodia,

unless the President has certified that—

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

who were residents of refugee camps as of

July 1, 1995, have been offered resettlement

outside their countries of nationality;

(2) all nationals of Vietnam, Laos, or Cambodia who were residents of refugee camps as

of July 1, 1995, who are not persons described

in subsection (a)(4) have, at any time after

such date, either had access to a process for

the determination of whether they are refugees, or been offered resettlement outside

their countries of nationality; and

(3) the process referred to in paragraph (2)

is genuinely calculated to determine whether each applicant is a refugee, and that the

procedures, standards, and personnel employed in such process ensure that the risk

of return to persecution is no greater than in

the process available under United States

law to persons physically present in the

United States.

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to subsection (a) are authorized to be available until expended.

(d) REFUGEE CAMP DEFINED.—For the purposes of this section, the term ‘‘refugee

camp’’ means any place in which people who

left Vietnam, Cambodia, or Laos are housed

or held by a government or international organization, regardless of the designation of

such place by such government or organization.

SEC. 2105. CERTAIN OTHER INTERNATIONAL AFFAIRS PROGRAMS.

The following amounts are authorized to

be appropriated for the Department of State

to carry out the authorities, functions, duties, and responsibilities in the conduct of

the foreign affairs of the United States and

for other purposes authorized by law:

(1) ASIA FOUNDATION.—For ‘‘Asia Foundation’’, $10,000,000 for the fiscal year 1996 and

$9,000,000 for the fiscal year 1997.

SEC. 2106. UNITED STATES INFORMATIONAL,

EDUCATIONAL, AND CULTURAL PROGRAMS.

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 authorities in law consistent with

such purposes:

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

and Expenses’’, $450,645,000 for the fiscal year

1996 and $428,080,000 for the fiscal year 1997.

(2) TECHNOLOGY FUND.—For ‘‘Technology

Fund’’ for the United States Information

Agency, $5,050,000 for the fiscal year 1996 and

$5,050,000 for the fiscal year 1997.

(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’’, $900,000 for the

fiscal year 1996 and $900,000 for the fiscal

year 1997.

(C) EAST TIMORESE SCHOLARSHIPS.—For the

‘‘East Timorese Scholarships’’, $800,000 for

the fiscal year 1996 and $800,000 for the fiscal

year 1997.

(D) CAMBODIAN SCHOLARSHIPS.—For the

‘‘Cambodian Scholarships’’, $141,000 for the

fiscal year 1996 and $141,000 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), $500,000 for the fiscal

year 1996 and $500,000 for the fiscal year 1997.

(F) OTHER PROGRAMS.—For ‘‘Hubert H.

Humphrey Fellowship Program’’, ‘‘Edmund
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5423

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’’, $87,265,800 for the fiscal

year 1996 and $87,341,400 for the fiscal year

1997.

(4) INTERNATIONAL BROADCASTING ACTIVITIES.—

(A) AUTHORIZATION OF APPROPRIATIONS.—

For ‘‘International Broadcasting Activities’’,

$321,191,000 for the fiscal year 1996, and

$286,191,000 for the fiscal year 1997.

(B) LIMITATION.—Of the amounts authorized to be appropriated under subparagraph

(A) $3,000,000 for fiscal year 1996 and $3,000,000

for fiscal year 1997 are authorized to be appropriated only to carry out the Pilot

Project for Freedom Broadcasting to Asia

authorized by section 2443.

(C) VOICE OF AMERICA FARSI SERVICE.—Of

the amounts authorized to be appropriated

under subparagraph (A) $1,873,521 for the fiscal year 1996 and $1,873,521 for the fiscal year

1997 are authorized to be appropriated only

to carry out the Voice of America Farsi

Service.

(5) RADIO CONSTRUCTION.—For ‘‘Radio Construction’’, $75,164,000 for the fiscal year 1996,

and $67,647,000 for the fiscal year 1997.

(6) RADIO FREE ASIA.—For ‘‘Radio Free

Asia’’, $10,000,000 for the fiscal year 1996 and

$10,000,000 for the fiscal year 1997.

(7) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’, $24,809,000 for the fiscal

year 1996 and $24,809,000 for the fiscal year

1997.

(8) OFFICE OF THE INSPECTOR GENERAL.—For

‘‘Office of the Inspector General’’, $4,300,000

for the fiscal year 1996 and $3,870,000 for the

fiscal year 1997.

(9) CENTER FOR CULTURAL AND TECHNICAL

INTERCHANGE BETWEEN EAST AND WEST.—For

‘‘Center for Cultural and Technical Interchange between East and West’’, $15,000,000

for the fiscal year 1996 and $10,000,000 for the

fiscal year 1997.

(10) NATIONAL ENDOWMENT FOR DEMOCRACY—For ‘‘National Endowment for Democracy’’, $34,000,000 for the fiscal year 1996 and

$34,000,000 for the fiscal year 1997.

(11) CENTER FOR CULTURAL AND TECHNICAL

INTERCHANGE BETWEEN NORTH AND SOUTH.—

For ‘‘Center for Cultural and Technical

Interchange between North and South’’

$4,000,000 for the fiscal year 1996 and $3,000,000

for the fiscal year 1997.

SEC. 2107. UNITED STATES ARMS CONTROL AND

DISARMAMENT.

There are authorized to be appropriated to

carry out the purposes of the Arms Control

and Disarmament Act—

(1) $44,000,000 for the fiscal year 1996 and

$40,500,000 for the fiscal year 1997; and

(2) such sums as may be necessary for each

of the fiscal years 1996 and 1997 for increases

in salary, pay, retirement, other employee

benefits authorized by law, and to offset adverse fluctuations in foreign currency exchange rates.

TITLE XXII—DEPARTMENT OF STATE

AUTHORITIES AND ACTIVITIES

CHAPTER 1—AUTHORITIES AND

ACTIVITIES

SEC. 2201. REVISION OF DEPARTMENT OF STATE

REWARDS PROGRAM.

(a) IN GENERAL.—Section 36 of the State

Department Basic Authorities Act of 1956 (22

U.S.C. 2708) is amended to read as follows:

‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

‘‘(a) ESTABLISHMENT.—(1) There is established a program for the payment of rewards

to carry out the purposes of this section.

‘‘(2) The rewards program established by

this section shall be administered by the

Secretary of State, in consultation, where

appropriate, with the Attorney General.

‘‘(b) PURPOSE.—(1) The rewards program established by this section shall be designed to

assist in the prevention of acts of international terrorism, international narcotics

trafficking, and other related criminal acts.

‘‘(2) The Secretary of State may pay a reward to any individual who furnishes information leading to—

‘‘(A) the arrest or conviction in any country of any individual for the commission of

an act of international terrorism against a

United States person or United States property;

‘‘(B) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United

States property;

‘‘(C) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of

the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves—

‘‘(i) a violation of United States narcotics

laws and which is such that the individual

would be a major violator of such laws; or

‘‘(ii) the killing or kidnapping of—

‘‘(I) any officer, employee, or contract employee of the United States Government

while such individual is engaged in official

duties, or on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the

implementing of United States narcotics

control objectives; or

‘‘(II) a member of the immediate family of

any such individual on account of that individual’s official duties, in connection with

the enforcement of United States narcotics

laws or the implementing of United States

narcotics control objectives; or

‘‘(iii) an attempt or conspiracy to commit

any of the acts described in clause (i) or (ii);

or

‘‘(D) the arrest or conviction in any country of any individual aiding or abetting in

the commission of an act described in subparagraphs (A) through (C); or

‘‘(E) the prevention, frustration, or favorable resolution of an act described in subparagraphs (A) through (C).

‘‘(c) COORDINATION.—(1) To ensure that the

payment of rewards pursuant to this section

does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the

Department of Justice, the offering, administration, and payment of rewards under this

section, including procedures for—

‘‘(A) identifying individuals, organizations,

and offenses with respect to which rewards

will be offered;

‘‘(B) the publication of rewards;

‘‘(C) offering of joint rewards with foreign

governments;

‘‘(D) the receipt and analysis of data; and

‘‘(E) the payment and approval of payment,

shall be governed by procedures developed by

the Secretary of State, in consultation with

the Attorney General.

‘‘(2) Before making a reward under this

section in a matter over which there is Federal criminal jurisdiction, the Secretary of

State shall advise and consult with the Attorney General.

‘‘(d) FUNDING.—(1) There is authorized to

be appropriated to the Department of State

from time to time such amounts as may be

necessary to carry out the purposes of this

section, notwithstanding section 102 of the

Foreign Relations Authorization Act, Fiscal

Years 1986 and 1987 (Public Law 99–93).

‘‘(2) No amount of funds may be appropriated which, when added to the amounts

previously appropriated but not yet obligated, would cause such amounts to exceed

$15,000,000.

‘‘(3) To the maximum extent practicable,

funds made available to carry out this section should be distributed equally for the

purpose of preventing acts of international

terrorism and for the purpose of preventing

international narcotics trafficking.

‘‘(4) Amounts appropriated to carry out the

purposes of this section shall remain available until expended.

‘‘(e) ADDITIONAL FUNDING.—(1) In extraordinary circumstances and when it is important to the national security of the United

States, the Secretary of State may use fees

collected for processing machine readable

nonimmigrant visas and machine readable

combined border crossing identification

cards and nonimmigrant visas pursuant to

section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C. 1351 note) to carry

out the purposes of this section, subject to

the limitation contained in subsection (d)(2).

‘‘(2) The authority contained in paragraph

(1) may be used only if the Secretary notifies

the appropriate congressional committees 15

days in advance in accordance with regular

reprogramming procedures. Such notification shall contain a detailed justification of

the circumstances necessitating the use of

such fees for the purposes of this section.

‘‘(f)— LIMITATION AND CERTIFICATION.—(1) A

reward under this section may not exceed

$2,000,000.

‘‘(2) A reward under this section of more

than $100,000 may not be made without the

approval of the President or the Secretary of

State.

‘‘(3) Any reward granted under this section

shall be approved and certified for payment

by the Secretary of State.

‘‘(4) The authority of paragraph (2) may

not be delegated to any other officer or employee of the United States Government.

‘‘(5) If the Secretary determines that the

identity of the recipient of a reward or of the

members of the recipient’s immediate family

must be protected, the Secretary may take

such measures in connection with the payment of the reward as he considers necessary

to effect such protection.

‘‘(g) INELIGIBILITY.—An officer or employee

of any governmental entity who, while in the

performance of his or her official duties, furnishes information described in subsection

(b) shall not be eligible for a reward under

this section.

‘‘(h) REPORTS.—(1) Not later than 30 days

after paying any reward under this section,

the Secretary of State shall submit a report

to the appropriate congressional committees

with respect to such reward. The report,

which may be submitted on a classified basis

if necessary, shall specify the amount of the

reward paid, to whom the reward was paid,

and the acts with respect to which the reward was paid. The report shall also discuss

the significance of the information for which

the reward was paid in dealing with those

acts.

‘‘(2) Not later than 60 days after the end of

each fiscal year, the Secretary of State shall

submit an annual report to the appropriate

congressional committees with respect to

the operation of the rewards program authorized by this section. Such report shall

provide information on the total amounts

expended during such fiscal year to carry out

the purposes of this section, including
H 5424 CONGRESSIONAL RECORD — HOUSE May 23, 1995

amounts spent to publicize the availability

of rewards. Such report shall also include information on all requests for the payment of

rewards under this section, including the

reasons for the denial of any such requests.

‘‘(i) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘appropriate congressional

committees’ means the Committee on International Relations of the House of Representatives and the Committee on Foreign

Relations of the Senate;

‘‘(2) the term ‘act of international terrorism’ includes, but is not limited to—

‘‘(A) any act substantially contributing to

the acquisition of unsafeguarded special nuclear material (as defined in section 830(8) of

the Nuclear Proliferation Prevention Act of

1994) or any nuclear explosive device (as defined in section 830(4) of that Act) by an individual, group, or non-nuclear weapon state

(as defined in section 830(5) of that Act); and

‘‘(B) any act, as determined by the Secretary of State, which materially supports

the conduct of international terrorism, including the counterfeiting of United States

currency or the illegal use of other monetary

instruments by an individual, group, or

country supporting international terrorism

as determined for purposes of section 6(j) of

the Export Administration Act of 1979;

‘‘(3) the term ‘United States narcotics

laws’ means the laws of the United States for

the prevention and control of illicit traffic in

controlled substances (as such term is defined for purposes of the Controlled Substances Act); and

‘‘(4) the term ‘member of the immediate

family’ includes—

‘‘(A) a spouse, parent, brother, sister, or

child of the individual;

‘‘(B) a person to whom the individual

stands in loco parentis; and

‘‘(C) any other person living in the individual’s household and related to the individual

by blood or marriage.’’.

(b) SENSE OF CONGRESS.—It is the sense of

the Congress that the Secretary of State

should pursue additional means of funding

the program established by section 36 of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2708), including the authority

to seize and dispose of assets used in the

commission of any offense under sections

1028, 1541 through 1544, and 1546 of title 18,

United States Code, and to retain the proceeds derived from the disposition of such assets, or to participate in asset sharing programs conducted by the Department of Justice, to carry out the purposes of section 36

of that Act.

SEC. 2202. AUTHORITIES OF SECRETARY OF

STATE.

Section 203(4) of the State Department

Basic Authorities Act of 1956 (22 U.S.C.

4303(4)) is amended in the third sentence by

striking ‘‘should’’ both places it appears and

inserting ‘‘shall’’.

SEC. 2203. BUYING POWER MAINTENANCE ACCOUNT.

Section 24(b)(7) of the State Department

Basic Authorities Act of 1956 (22 U.S.C.

2696(b)(7)) is amended by striking subparagraph (D).

SEC. 2204. EXPENSES RELATING TO CERTAIN

INTERNATIONAL CLAIMS AND PROCEEDINGS.

(a) RECOVERY OF CERTAIN EXPENSES.—The

Department of State Appropriation Act, 1937

(49 Stat. 1321, 22 U.S.C. 2661, as amended by

section 142(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

(Public Law 100–204)) is amended in the fifth

undesignated paragraph under the heading

entitled ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by striking ‘‘extraordinary’’.

(b) PROCUREMENT OF SERVICES.—Section

38(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended

in the first sentence by inserting ‘‘personal

and’’ before ‘‘other support services’’.

SEC. 2205. CONSOLIDATION OF UNITED STATES

DIPLOMATIC MISSIONS AND CONSULAR POSTS.

(a) CONSOLIDATION PLAN.—The Secretary of

State shall develop a worldwide plan for the

consolidation, wherever practicable, on a regional or areawide basis, of United States

missions and consular posts abroad.

(b) CONTENTS OF PLAN.—The plan shall—

(1) identify specific United States diplomatic missions and consular posts for consolidation;

(2) identify those missions and posts at

which the resident ambassador would also be

accredited to other specified states in which

the United States either maintained no resident official presence or maintained such a

presence only at staff level; and

(3) provide an estimate of—

(A) the amount by which expenditures

would be reduced through the reduction in

the number of United States Government

personnel assigned abroad;

(B) the reduction in the costs of maintaining United States properties abroad; and

(C) the amount of revenues generated to

the United States through the sale or other

disposition of United States properties associated with the posts to be consolidated

abroad.

(c) TRANSMITTAL.—Not later than 180 days

after the date of the enactment of this Act,

the Secretary of State shall transmit a copy

of the plan to the appropriate congressional

committees.

SEC. 2206. DENIAL OF PASSPORTS TO

NONCUSTODIAL PARENTS SUBJECT

TO STATE ARREST WARRANTS IN

CASES OF NONPAYMENT OF CHILD

SUPPORT.

The Secretary of State is authorized to

refuse to issue a passport or to revoke, restrict, or limit a passport in any case in

which the Secretary of State determines or

is informed by competent authority that the

applicant or passport holder is a

noncustodial parent who is the subject of an

outstanding State warrant of arrest for

nonpayment of child support, where the

amount in controversy is not less than

$10,000.

SEC. 2207. CAPITAL INVESTMENT FUND.

Section 135 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(22 U.S.C. 2684a) is amended—

(1) in subsection (a) by inserting ‘‘and enhancement’’ after ‘‘procurement’’;

(2) in subsection (c) by striking ‘‘are authorized to’’ and inserting ‘‘shall’’;

(3) in subsection (d) by striking ‘‘for expenditure to procure capital equipment and

information technology’’ and inserting in

lieu thereof ‘‘for purposes of subsection (a)’’;

and

(4) by amending subsection (e) to read as

follows:

‘‘(e) REPROGRAMMING PROCEDURES.—Funds

credited to the Capital Investment Fund

shall not be available for obligation or expenditure except in compliance with the procedures applicable to reprogrammings under

section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710).’’.

SEC. 2208. EFFICIENCY IN PROCUREMENT.

(a) IN GENERAL.—To the maximum extent

practicable, United States Government agencies performing functions at diplomatic and

consular posts abroad shall avoid duplicative

acquisition actions.

(b) AUTHORITY.—Notwithstanding any

other provision of law, a contract awarded in

accordance with the Competition in Contracting Act by an agency of the United

States Government performing functions at

diplomatic and consular posts abroad may be

amended without competition to permit

other such United States Government agencies to obtain goods or services under such

contract, if unit prices are not increased as

a result of any such amendment.

SEC. 2209. TRAINING.

Section 701 of the Foreign Service Act of

1980 (22 U.S.C. 4021) is amended—

(1) by redesignating subsection (d)(4) as

subsection (g); and

(2) by inserting after subsection (d) the following new subsections:

‘‘(e)(1) The Secretary of State is authorized

to provide appropriate training through the

institution to employees of any United

States company engaged in business abroad,

and to the families of such employees, when

such training is in the national interest of

the United States.

‘‘(2) In the case of any company under contract to provide services to the Department

of State, the Secretary of State is authorized

to provide job-related training to any company employee who is performing such services.

‘‘(3) Training under this subsection shall be

on a reimbursable or advance-of-funds basis.

Such reimbursements or advances shall be

credited to the currently applicable appropriation account.

‘‘(4) Training under this subsection is authorized only to the extent that it will not

interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.

‘‘(f)(1) The Secretary of State is authorized

to provide on a reimbursable basis foreign

language training programs to Members of

Congress and officers and employees of Congress.

‘‘(2) Reimbursements under this subsection, to the extent practicable, should be

equivalent to the rate of reimbursement

charged other agencies of the United States

Government for comparable training.

‘‘(3) Reimbursements collected under this

subsection shall be credited to the currently

available applicable appropriation account.

‘‘(4) Training under this subsection is authorized only to the extent that it will not

interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.’’.

CHAPTER 2—CONSULAR AUTHORITIES OF

THE DEPARTMENT OF STATE

SEC. 2231. SURCHARGE FOR PROCESSING CERTAIN MACHINE READABLE VISAS.

Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103—236) is amended—

(1) by striking paragraphs (2) and (3) and

inserting the following:

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

than $250,000,000 in fees collected under the

authority of paragraph (1) shall be deposited

as an offsetting collection to any Department of State appropriation to recover the

costs of the Department of State’s border security program, including the costs of—

‘‘(1) installation and operation of the machine readable visa and automated namecheck process;

‘‘(2) improving the quality and security of

the United States passport;

‘‘(3) passport and visa fraud investigations;

and

‘‘(4) the technological infrastructure to

support and operate the programs referred to

in paragraphs (1) through (3).

Such fees shall remain available for obligation until expended.

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

under the authority of paragraph (1) in excess of the amount specified for such fiscal
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5425

year under paragraph (2) shall be deposited

in the general fund of the Treasury as miscellaneous receipts.’’; and

(2) by striking paragraph (5).

SEC. 2232. FINGERPRINT CHECK REQUIREMENT.

Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103-236; 8 U.S.C. 1182 note) as

amended by section 505 of the Department of

State and Related Agencies Appropriation

Act, Fiscal Year 1995 (Public Law 103-317) is

amended by adding at the end the following:

‘‘(h) FINGERPRINT CHECK REQUIREMENT.—If

a visa applicant is determined to have a

criminal history record under subsection

(d)(1), has been physically present in the

United States, and is more than 16 years of

age, the applicant shall provide a fingerprint

record for submission with the application,

at no cost to the Department of State. The

Department of State shall submit such fingerprint record to the Federal Bureau of Investigation for analysis to determine whether the applicant has been convicted of a felony under State or Federal law in the United

States.’’.

SEC. 2233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT SERVICES.

For each of the fiscal years 1996 and 1997, of

the fees collected for expedited passport

processing and deposited to an offsetting collection pursuant to the Department of State

and Related Agencies Appropriations Act for

Fiscal Year 1995 (Public Law 103—317; 22

U.S.C. 214), 10 percent shall be available only

for enhancing passport services for United

States citizens, improving the integrity and

efficiency of the passport issuance process,

improving the secure nature of the United

States passport, investigating passport

fraud, and deterring entry into the United

States by terrorists, drug traffickers, or

other criminals.

SEC. 2234. CONSULAR OFFICERS.

(a) PERSONS AUTHORIZED TO ISSUE REPORTS

OF BIRTH ABROAD.—Section 33 of the State

Department Basic Authorities Act of 1956 (22

U.S.C. 2705) is amended in paragraph (2) by

inserting ‘‘(or any United States citizen employee of the Department of State designated by the Secretary of State to adjudicate nationality abroad pursuant to such

regulations as the Secretary may prescribe)’’

after ‘‘consular officer’’.

(b) PROVISIONS APPLICABLE TO CONSULAR

OFFICERS.—Section 31 of the Act of August

18, 1856 (Rev. Stat. 1689, 22 U.S.C. 4191), is

amended by inserting ‘‘and to such other

United States citizen employees of the Department of State as may be designated by

the Secretary of State pursuant to such regulations as the Secretary may prescribe’’

after ‘‘such officers’’.

CHAPTER 3—REFUGEES AND MIGRATION

SEC. 2251. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND.

(a) LIMITATION ON TRANSFERS FROM EMERGENCY FUND.—Section 2(c) of the Migration

and Refugee Assistance Act of 1962 (22 U.S.C.

2601(c)) is amended by adding after paragraph

(3) the following:

‘‘(4) Notwithstanding any other provision

of this Act, the President shall notify the appropriate congressional committees not less

than 15 days before transferring or otherwise

making available amounts from the United

States Emergency Refugee and Migration

Assistance Fund under paragraph (1).’’.

(b) NOTIFICATION OF EXPENDITURES FROM

FUND.—Section 2(d) of the Migration and

Refugee Assistance Act of 1962 (22 U.S.C.

2601(c)) is amended to read as follows:

‘‘(d)(1) Except as provided in paragraph (2),

and notwithstanding any other provision of

this Act, the President shall notify the appropriate congressional committees at least

15 days in advance of the obligation or expenditure of sums from the United States

Emergency Refugee and Migration Assistance Fund under subsection (c).

‘‘(2) Notwithstanding the notification requirement of paragraph (1), the President

may obligate and expend sums from the

United States Emergency Refugee and Migration Assistance Fund if the President determines, and promptly certifies to the appropriate congressional committees, that

unforseen emergency circumstances require

the immediate obligation of sums from such

fund. Any such certification shall fully inform such committees of the amount and use

of such sums from the Fund.

‘‘(3) 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.’’.

SEC. 2252. PERSECUTION FOR RESISTANCE TO

COERCIVE POPULATION CONTROL

METHODS.

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

Nationality Act (8 U.S.C. 1101(a)(42)) is

amended by adding at the end the following:

‘‘For purposes of determinations under this

Act, a person who has been forced to abort a

pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or

for other resistance to a coercive population

control program, shall be deemed to have

been persecuted on account of political opinion, and a person who has a well founded fear

that he or she will be forced to undergo such

a procedure or subjected to persecution for

such failure, refusal, or resistance shall be

deemed to have a well founded fear of persecution on account of political opinion.’’.

SEC. 2253. REPORT TO CONGRESS CONCERNING

CUBAN EMIGRATION POLICIES.

Beginning 3 months after the date of the

enactment of this Act and every subsequent

6 months, the President shall transmit a report to the appropriate congressional committees concerning the methods employed

by the Government of Cuba to enforce the

United States—Cuba agreement of September 1994 to restrict the emigration of the

Cuban people from Cuba to the United

States, and the treatment by the Government of Cuba of persons who have been returned to Cuba pursuant to the United

States—Cuba agreement of May 1995. Each

report transmitted pursuant to this section

shall include a detailed account of United

States efforts to monitor such enforcement

and treatment.

SEC. 2254. UNITED STATES POLICY REGARDING

THE INVOLUNTARY RETURN OF REFUGEES.

(a) IN GENERAL.—No funds authorized to be

appropriated by this Act shall be available to

involuntarily return any person to a country

in which the person has a well founded fear

of persecution on account of race, religion,

nationality, membership in a particular social group, or political opinion, or promote

or assist such involuntary return.

(b) INVOLUNTARILY RETURN DEFINED—As

used in this section, the term ‘‘involuntarily

return’’ means to take action by which it is

reasonably foreseeable that a person will be

required to return to a country against the

person’s will, regardless of whether such return is induced by physical force and regardless of whether the person is physically

present in the United States.

SEC. 2255. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

The Foreign Operations, Export Financing,

and Related Programs Appropriations Act,

1990 (Public Law 101—167) is amended—

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

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

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

(B) in subsection (e), by striking out ‘‘October 1, 1996’’ each place it appears and inserting ‘‘October 1, 1997’’; and

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

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

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

TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF

STATE PERSONNEL; THE FOREIGN

SERVICE

CHAPTER 1—ORGANIZATION OF THE

DEPARTMENT OF STATE

SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

(a) ESTABLISHMENT.—Section 1(e) of the

State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a(e)) is amended—

(1) by striking ‘‘In’’ and inserting the following:

‘‘(1) In’’; and

(2) by inserting at the end the following:

‘‘(2) COORDINATOR FOR COUNTERTERRORISM.—

‘‘(A) There shall be within the office of the

Secretary of State a Coordinator for

Counterterrorism (hereafter in this paragraph referred to as the ‘Coordinator’) who

shall be appointed by the President, by and

with the advice and consent of the Senate.

‘‘(B)(i) The Coordinator shall perform such

duties and exercise such power as the Secretary of State shall prescribe.

‘‘(ii) The principal duty of the Coordinator

shall be the overall supervision (including

policy oversight of resources) of international counterterrorism activities. The

Coordinator shall be the principal advisor to

the Secretary of State on international

counterterrorism matters. The Coordinator

shall be the principal counterterrorism official within the senior management of the

Department of State and shall report directly to the Secretary of State.

‘‘(C) The Coordinator shall have the rank

and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position

at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual rate of pay which

the individual last received under the Foreign Service Schedule, whichever is greater.

‘‘(D) For purposes of diplomatic protocol

among officers of the Department of State,

the Coordinator shall take precedence after

the Secretary of State, the Deputy Secretary

of State, and the Under Secretaries of State

and shall take precedence among the Assistant Secretaries of State in the order prescribed by the Secretary of State.’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 161 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(P.L. 103-236) is amended by striking subsection (e).

(c) TRANSITION PROVISION.—The individual

serving as Coordinator for Counterterrorism

of the Department of State on the day before

the effective date of this division may continue to serve in that position.

SEC. 2302. SPECIAL ENVOY FOR TIBET.

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

(1) The Government of the People’s Republic of China withholds meaningful participation in the governance of Tibet from Tibetans and has failed to abide by its own constitutional guarantee of autonomy for Tibetans.

(2) The Government of the People’s Republic of China is responsible for the destruction

of much of Tibet’s cultural and religious heritage since 1959 and continues to threaten

the survival of Tibetan culture and religion.
H 5426 CONGRESSIONAL RECORD — HOUSE May 23, 1995

(3) The Government of the People’s Republic of China, through direct and indirect incentives, has established discriminatory development programs which have resulted in

an overwhelming flow of Chinese immigrants

into Tibet, including those areas incorporated into the Chinese provinces of

Sichuan, Yunnan, Gansu, and Quinghai in recent years, and have excluded Tibetans from

participation in important policy decisions,

further threatening traditional Tibetan life.

(4) The Government of the People’s Republic of China denies Tibetans their fundamental human rights, as reported in the Department of State’s Country Reports on Human

Rights Practices for 1995.

(5) The President and the Congress have

determined that the promotion of human

rights in Tibet and the protection of Tibet’s

religion and culture are important elements

in United States-China relations and have

urged senior members of the Government of

the People’s Republic of China to enter into

substantive negotiations on these matters

with the Dalai Lama or his representative.

(6) The Dalai Lama has repeatedly stated

his willingness to begin substantive negotiations without preconditions.

(7) The Government of the People’s Republic of China has failed to respond in a good

faith manner by reciprocating a willingness

to begin negotiations without preconditions,

and no substantive negotiations have begun.

(b) UNITED STATES SPECIAL ENVOY FOR

TIBET.—Section 1(e) of the State Department

Basic Authorities Act (U.S.C. 2651a(e)) is

amended by adding after paragraph (2) the

following new paragraph:

‘‘(3) UNITED STATES SPECIAL ENVOY FOR

TIBET.—

‘‘(A) There shall be within the Department

of State a United States Special Envoy for

Tibet, who shall be appointed by the President, by and with the advice and consent of

the Senate. The United States Special Envoy

for Tibet shall hold office at the pleasure of

the President.

‘‘(B) The United States Special Envoy for

Tibet shall have the personal rank of ambassador.

‘‘(C) The United States Special Envoy for

Tibet is authorized and encouraged—

‘‘(i) to promote substantive negotiations

between the Dalai Lama or his representatives and senior members of the Government

of the People’s Republic of China;

‘‘(ii) to promote good relations between the

Dalai Lama and his representatives and the

United States Government, including meeting with members or representatives of the

Tibetan government-in-exile; and

‘‘(iii) to travel regularly throughout Tibet

and Tibetan refugee settlements.

‘‘(D) The United States Special Envoy for

Tibet shall—

‘‘(i) consult with the Congress on policies

relevant to Tibet and the future and welfare

of all Tibetan people;

‘‘(ii) coordinate United States Government

policies, programs, and projects concerning

Tibet; and

‘‘(iii) report to the Secretary of State regarding the matters described in section

536(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public

Law 103–236).’’.

SEC. 2303. ESTABLISHMENT OF COORDINATOR

FOR HUMAN RIGHTS AND REFUGEES, BUREAU OF REFUGEE AND MIGRATION ASSISTANCE, AND BUREAU

OF DEMOCRACY, HUMAN RIGHTS,

AND LABOR.

(a) ESTABLISHMENT OF COORDINATOR FOR

HUMAN RIGHTS AND REFUGEES.—

Section 1(e) of the State Department Basic

Authorities Act (22 U.S.C. 2651a(e)) is amended by adding after paragraph (3) the following new paragraph:

‘‘(4) COORDINATOR FOR HUMAN RIGHTS AND

REFUGEES.—

‘‘(A) There shall be within the office of the

Secretary of State a Coordinator for Human

Rights and Refugees (hereafter in this paragraph referred to as the ‘Coordinator’) who

shall be appointed by the President, by and

with the advice and consent of the Senate.

The Coordinator shall report directly to the

Secretary of State.

‘‘(B) The Coordinator shall be responsible

for matters pertaining to human rights, refugees, and humanitarian affairs (including

matters relating to prisoners of war and

members of the United States Armed Forces

missing in action) in the conduct of foreign

policy. The Coordinator shall head the Bureau of Refugee and Migration Assistance

and the Bureau of Democracy, Human

Rights, and Labor.

‘‘(C) The Coordinator shall have the rank

and status of Ambassador-at-Large. The Coordinator shall be compensated at the annual rate of basic pay in effect for a position

at level IV of the Executive Schedule under

section 5314 of title 5, United States Code, or,

if the Coordinator is appointed from the Foreign Service, the annual rate of pay which

the individual last received under the Foreign Service Schedule, whichever is greater.

‘‘(D) For purposes of diplomatic protocol

among officers of the Department of State,

the Coordinator shall take precedence after

the Secretary of State, the Deputy Secretary

of State, and the Under Secretaries of State

and shall take precedence among the Assistant Secretaries of State in the order prescribed by the Secretary of State.’’.

(b) TERMINATION OF ASSISTANT SECRETARY

OF STATE FOR DEMOCRACY, HUMAN RIGHTS,

AND LABOR.—

(1) IN GENERAL.—Section 1(c) of the State

Department Basic Authorities Act of 1956 (22

U.S.C. 2651a(c)) is amended by striking paragraph (2).

(2) CONFORMING AMENDMENTS.—The Foreign

Assistance Act of 1961 is amended—

(A) in section 116(c) (22 U.S.C. 2151n), by

striking ‘‘Assistant Secretary of State for

Democracy, Human Rights, and Labor’’ and

inserting ‘‘Secretary’’;

(B) in sections 502B, 502B, and 505(g)(4)(A)

by striking ‘‘, prepared with the assistance

of the Assistant Secretary of State for Democracy, Human Rights, and Labor,’’; and

(C) in section 573(c) by striking ‘‘Assistant

Secretary of State for Democracy, Human

Rights, and Labor’’ and inserting ‘‘Secretary

of State’’.

(c) ESTABLISHMENT OF BUREAU OF REFUGEE

AND MIGRATION ASSISTANCE AND BUREAU OF

DEMOCRACY, HUMAN RIGHTS, AND LABOR.—

Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is

amended by adding after subsection (e) the

following new subsection:

‘‘(f) ESTABLISHMENT OF CERTAIN BUREAUS,

OFFICES, AND OTHER ORGANIZATIONAL ENTITIES WITHIN THE DEPARTMENT OF STATE.—

‘‘(1) BUREAU OF REFUGEE AND MIGRATION ASSISTANCE.—There is established within the

Department of State the Bureau of Refugee

and Migration Assistance which shall assist

the Secretary of State in carrying out the

Migration and Refugee Assistance Act of

1962. The Bureau shall be headed by the Coordinator for Human Rights and Refugees.

‘‘(2) BUREAU OF DEMOCRACY, HUMAN RIGHTS,

AND LABOR.—There is established within the

Department of State the Bureau of Democracy, Human Rights, and Labor. The Bureau

shall be headed by the Coordinator for

Human Rights and Refugees. The Bureau

shall continuously observe and review all

matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the

United States Armed Forces missing in action) in the conduct of foreign policy including the following:

‘‘(A) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which

the requirements of section 116 and 502B of

the Foreign Assistance Act of 1961 are relevant.

‘‘(B) Preparing the statements and reports

to Congress required under section 502B of

the Foreign Assistance Act of 1961.

‘‘(C) Making recommendations to the Secretary of State regarding compliance with

sections 116 and 502B of the Foreign Assistance Act of 1961, and as part of the Bureau’s

overall policy responsibility for the creation

of United States Government human rights

policy, advising the Secretary on the policy

framework under which section 116(e)

projects are developed and consulting with

the Secretary on the selection and implementation of such projects.

‘‘(D) Performing other responsibilities

which serve to promote increased observance

of internationally recognized human rights

by all countries.’’.

SEC. 2304. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN POSITIONS

OF THE DEPARTMENT OF STATE.

(a) ASSISTANT SECRETARY OF STATE FOR

SOUTH ASIAN AFFAIRS.—Section 122 of the

Foreign Relations Authorization Act, Fiscal

Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.

(b) DEPUTY ASSISTANT SECRETARY OF STATE

FOR BURDENSHARING.—Section 161 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (22 U.S.C. 2651a note) is

amended by striking subsection (f).

(c) ASSISTANT SECRETARY FOR OCEANS AND

INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS.—Section 9 of the Department of State Appropriations Authorization

Act of 1973 (22 U.S.C. 2655a) is repealed.

SEC. 2305. ESTABLISHMENT OF ASSISTANT SECRETARY OF STATE FOR HUMAN RESOURCES.

Section 1(c) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2651a(c)) is

amended by adding after paragraph (1) the

following new paragraph:

‘‘(2) ASSISTANT SECRETARY FOR HUMAN RESOURCES.—There shall be in the Department

of State an Assistant Secretary for Human

Resources who shall be responsible to the

Secretary of State for matters relating to

human resources including the implementation of personnel policies and programs within the Department of State and international affairs functions and activities carried out through the Department of State.

The Assistant Secretary shall have substantial professional qualifications in the field of

human resource policy and management.’’.

SEC. 2306. AUTHORITY OF UNITED STATES PERMANENT REPRESENTATIVE TO THE

UNITED NATIONS.

Section 2(a) of the United Nations Participation Act of 1945 (22 U.S.C. 287(a)) is amended by striking ‘‘hold office at the pleasure of

the President’’ and inserting ‘‘serve at the

pleasure of the President and subject to the

direction of the Secretary of State’’.

CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN

SERVICE

SEC. 2351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

(a) END FISCAL YEAR 1996 LEVELS.—The

number of members of the Foreign Service

authorized to be employed as of September

30, 1996—

(1) for the Department of State, shall not

exceed 9,000, of whom not more than 720 shall

be members of the Senior Foreign Service;

(2) for the United States Information Agency, shall not exceed 1,150, of whom not more
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5427

than 165 shall be members of the Senior Foreign Service; and

(3) for the Agency for International Development, not to exceed 1,800, of whom not

more than 240 shall be members of the Senior

Foreign Service.

(b) END FISCAL YEAR 1997 LEVELS.—The

number of members of the Foreign Service

authorized to be employed as of September

30, 1997—

(1) for the Department of State, shall not

exceed 8,800, of whom not more than 680 shall

be members of the Senior Foreign Service;

(2) for the United States Information Agency, not to exceed 1,100 of whom not more

than 160 shall be members of the Senior Foreign Service; and

(3) for the Agency for International Development, not to exceed 1,775 of whom not

more than 230 shall be members of the Senior

Foreign Service.

(c) DEFINITION.—For the purposes of this

section, the term ‘‘members of the Foreign

Service’’ is used within the meaning of such

term under section 103 of the Foreign Service

Act of 1980 (22 U.S.C 3903), except that such

term does not include—

(1) members of the Service under paragraphs (6) and (7) of such section;

(2) members of the Service serving under

temporary resident appointments abroad;

(3) members of the Service employed on

less than a full-time basis;

(4) members of the Service subject to involuntary separation in cases in which such

separation has been suspended pursuant to

section 1106(8) of the Foreign Service Act of

1980; and

(5) members of the Service serving under

non-career limited appointments.

(d) WAIVER AUTHORITY.—(1) Subject to

paragraph (2), the President may waive any

limitation under subsection (a) or (b) to the

extent that such waiver is necessary to carry

on the foreign affairs functions of the United

States.

(2) Not less than 15 days before the President exercises a waiver under paragraph (1),

such agency head shall notify the Chairman

of the Committee on Foreign Relations of

the Senate and the Chairman of the Committee on International Relations of the House

of Representatives. Such notice shall include

an explanation of the circumstances and necessity for such waiver.

SEC. 2352. REPEAL OF AUTHORITY FOR SENIOR

FOREIGN SERVICE PERFORMANCE

PAY.

(a) REPEAL.—Section 405 of the Foreign

Service Act of 1980 (22 U.S.C. 3965) is repealed.

(b) CONFORMING AMENDMENT.—Section 2 of

the Foreign Service Act of 1980 is amended in

the table of contents by striking the item related to section 405.

SEC. 2353. RECOVERY OF COSTS OF HEALTH

CARE SERVICES.

(a) AUTHORITIES.—Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is

amended—

(1) in subsection (a) by—

(A) striking ‘‘and’’ before ‘‘members of the

families of such members and employees’’;

and

(B) by inserting immediately before the period ‘‘, and for care provided abroad) such

other persons as are designated by the Secretary of State, except that such persons

shall be considered persons other than covered beneficiaries for purposes of subsections

(g) and (h)’’;

(2) in subsection (d) by inserting ‘‘, subject

to the provisions of subsections (g) and (h)’’

after ‘‘treatment’’; and

(3) by adding the following new subsections:

‘‘(g)(1) In the case of a person who is a covered beneficiary, the Secretary of State is

authorized to collect from a third-party

payer the reasonable costs incurred by the

Department of State on behalf of such person

for health care services to the same extent

that the covered beneficiary would be eligible to receive reimbursement or indemnification from the third-party payer for such

costs.

‘‘(2) If the insurance policy, plan, contract,

or similar agreement of that third-party

payer includes a requirement for a deductible or copayment by the beneficiary of the

plan, then the Secretary of State may collect from the third-party payer only the reasonable costs of the care provided less the

deductible or copayment amount.

‘‘(3) A covered beneficiary shall not be required to pay any deductible or copayment

for health care services under this subsection.

‘‘(4) No provision of any insurance, medical

service, or health plan contract or agreement having the effect of excluding from

coverage or limiting payment of charges for

care in the following circumstances shall operate to prevent collection by the Secretary

of State under paragraph (1)—

‘‘(A) care provided directly or indirectly by

a governmental entity;

‘‘(B) care provided to an individual who has

not paid a required deductible or copayment;

or

‘‘(C) care provided by a provider with

which the third-party payer has no participation agreement.

‘‘(5) No law of any State, or of any political

subdivision of a State, and no provision of

any contract or agreement shall operate to

prevent or hinder recovery or collection by

the United States under this section.

‘‘(6) As to the authority provided in paragraph (1) of this subsection—

‘‘(A) the United States shall be subrogated

to any right or claim that the covered beneficiary may have against a third-party

payer;

‘‘(B) the United States may institute and

prosecute legal proceedings against a thirdparty payer to enforce a right of the United

States under this subsection; and

‘‘(C) the Secretary may compromise, settle, or waive a claim of the United States

under this subsection.

‘‘(7) The Secretary shall prescribe regulations for the administration of this subsection and subsection (h). Such regulations

shall provide for computation of the reasonable cost of health care services.

‘‘(8) Regulations prescribed under this subsection shall provide that medical records of

a covered beneficiary receiving health care

under this subsection shall be made available for inspection and review by representatives of the payer from which collection by

the United States is sought for the sole purpose of permitting the third party to verify—

‘‘(A) that the care or services for which recovery or collection is sought were furnished

to the covered beneficiary; and

‘‘(B) that the provisions of such care or

services to the covered beneficiary meets criteria generally applicable under the health

plan contract involved, except that this

paragraph shall be subject to the provisions

of paragraphs (2) and (4).

‘‘(9) Amounts collected under this subsection or under subsection (h) from a thirdparty payer or from any other payer shall be

deposited as an offsetting collection to any

Department of State appropriation and shall

remain available until expended.

‘‘(10) For purposes of this section—

‘‘(A) the term ‘covered beneficiary’ means

an individual eligible to receive health care

under this section whose health care costs

are to be paid by a third-party payer under a

contractual agreement with such payer;

‘‘(B) the term ‘services’, as used in ‘health

care services’ includes products; and

‘‘(C) the term ‘third-party payer’ means an

entity that provides a fee-for-service insurance policy, contract, or similar agreement

through the Federal Employees Health Benefit program, under which the expenses of

health care services for individuals are paid.

‘‘(h) In the case of a person, other than a

covered beneficiary, who receives health care

services pursuant to this section, the Secretary of State is authorized to collect from

such person the reasonable costs of health

care services incurred by the Department of

State on behalf of such person. The United

States shall have the same rights against

persons subject to the provisions of this subsection as against third-party payers covered

by subsection (g).’’.

(b) EFFECTIVE DATE.—Subsection (a) shall

take effect October 1, 1996.

TITLE XXIV—UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL

PROGRAMS

CHAPTER 1—GENERAL PROVISIONS

SEC. 2401. ELIMINATION OF PERMANENT AUTHORIZATION.

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 is

amended by striking subsection (e).

SEC. 2402. EXTENSION OF AU PAIR PROGRAMS.

Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101–454) is

amended in the last sentence by striking

‘‘fiscal year 1995’’ and inserting ‘‘fiscal year

1997’’.

SEC. 2403. EDUCATIONAL AND CULTURAL EXCHANGES WITH HONG KONG.

The Director of the United States Information Agency shall conduct programs of educational and cultural exchange between the

United States and the people of Hong Kong.

SEC. 2404. CONDUCT OF CERTAIN EDUCATIONAL

AND CULTURAL EXCHANGE PROGRAMS IN ASIA.

In carrying out programs of educational

and cultural exchange in Hong Kong, China,

Vietnam, Cambodia, Tibet, Burma, and East

Timor, the Director of the United States Information Agency shall take appropriate

steps to provide opportunities for participation in such programs to human rights and

democracy leaders of such countries and persons who are nationals but not residents of

such countries.

SEC. 2405. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR

TIBETANS AND BURMESE.

(a) ESTABLISHMENT OF EDUCATIONAL AND

CULTURAL EXCHANGE FOR TIBETANS.—The Director of the United States Information

Agency shall establish programs of educational and cultural exchange between the

United States and the people of Tibet. Such

programs shall include opportunities for

training and, as the Director considers appropriate, may include the assignment of

personnel and resources abroad.

(b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—

(1) For each of the fiscal years 1996 and

1997, at least 30 scholarships shall be made

available to Tibetan students and professionals who are outside Tibet, and at least 15

scholarships shall be made available to Burmese students and professionals who are outside Burma.

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

to the extent that the Director of the United

States Information Agency determines that

there are not enough qualified students to

fulfill such allocation requirement.

(3) SCHOLARSHIP DEFINED.—For the purposes of this section, the term ‘‘scholarship’’

means an amount to be used for full or partial support of tuition and fees to attend an

educational institution, and may include
H 5428 CONGRESSIONAL RECORD — HOUSE May 23, 1995

fees, books, and supplies, equipment required

for courses at an educational institution, living expenses at a United States educational

institution, and travel expenses to and from,

and within, the United States.

SEC. 2406. AVAILABILITY OF VOICE OF AMERICA

AND RADIO MARTI MULTILINGUAL

COMPUTER READABLE TEXT AND

VOICE RECORDINGS.

(a) IN GENERAL.—Notwithstanding section

208 of the Foreign Relations Authorization

Act, Fiscal Years 1986 and 1987 (22 U.S.C.

1461–1a) and the second sentence of section

501 of the United States Information and

Educational Exchange Act of 1948 (22 U.S.C.

1461), the Director of the United States Information Agency is authorized to make available, upon request, to the Linguistic Data

Consortium of the University of Pennsylvania computer readable multilingual text and

recorded speech in various languages. The

Consortium shall, directly or indirectly as

appropriate, reimburse the Director for any

expenses involved in making such materials

available.

(b) TERMINATION.—Subsection (a) shall

cease to have effect 5 years after the date of

the enactment of this Act.

SEC. 2407. RETENTION OF INTEREST.

Notwithstanding any other provision of

law, with the approval of the National Endowment for Democracy, grant funds made

available by the National Endowment for Democracy may be deposited in interest-bearing accounts pending disbursement and any

interest which accrues may be retained by

the grantee and used for the purposes for

which the grant was made.

SEC. 2408. USIA OFFICE IN PRISTINA, KOSOVA.

(a) ESTABLISHMENT OF OFFICE.—The Director of the United States Information Agency

shall seek to establish an office in Pristina,

Kosova, for the following purposes:

(1) Disseminating information about the

United States.

(2) Promoting discussions on human rights,

democracy, rule of law, and conflict resolution.

(3) Facilitating United States private sector involvement in educational and cultural

activities in Kosova.

(4) Advising the United States Government

with respect to public opinion in Kosova.

(b) REPORT TO CONGRESS.—Not later than

April 1 of each year until subsection (a) has

been fully implemented, the Director of the

United States Information Agency shall submit a detailed report on developments relating to the implementation of subsection (a)

to the appropriate congressional committees.

CHAPTER 2—INTERNATIONAL

BROADCASTING

SEC. 2431. EXPANSION OF BROADCASTING BOARD

OF GOVERNORS.

Section 304(b) of the United States International Broadcasting Act of 1994 (22 U.S.C.

6203) is amended—

(1) in paragraph (1) by striking ‘‘9’’ and inserting ‘‘11’’;

(2) in paragraph (1)(A) by striking ‘‘8’’ and

inserting ‘‘10’’; and

(3) in paragraph (3) by striking ‘‘4’’ and inserting ‘‘5’’.

SEC. 2432. PLAN FOR RADIO FREE ASIA.

Section 309(c) of the United States International Broadcasting Act (22 U.S.C. 6208(c))

is amended to read as follows:

‘‘(c) SUBMISSION OF PLAN.—Not later than

90 days after the date of the enactment of

the Foreign Relations Authorization Act,

Fiscal Years 1996 and 1997, the Director of

the United States Information Agency shall

submit to the Congress a detailed plan for

the establishment and operation of Radio

Free Asia in accordance with this section.

Such plan shall include the following:

‘‘(1) A description of the manner in which

Radio Free Asia would meet the funding limitations provided in subsection (d)(4).

‘‘(2) A description of the numbers and

qualifications of employees it proposes to

hire.

‘‘(3) How it proposes to meet the technical

requirements for carrying out its responsibilities under this section.’’.

SEC. 2433. PILOT PROJECT FOR FREEDOM

BROADCASTING TO ASIA.

(a) AUTHORITY.—The Director of the United

States Information Agency shall make

grants for broadcasting to the People’s Republic of China, Burma, Cambodia, Laos,

North Korea, Tibet, and Vietnam. Such

broadcasting shall provide accurate and

timely information, news, and commentary

about events in the respective countries of

Asia and elsewhere, and shall be a forum for

a variety of opinions and voices from within

Asian nations whose people do not fully

enjoy freedom of expression.

(b) PURPOSE.—The purpose of such grants

shall be to provide such broadcasting on an

interim basis during the period before Radio

Free Asia becomes fully operational.

(c) APPLICATIONS.—In considering applications for grants, the Director of the United

States Information Agency shall give strong

preference to entities which (1) take advantage of the expertise of political and religious dissidents and pro-democracy and

human rights activists from within the countries to whom broadcasting is directed, including exiles from these countries; and (2)

take advantage of contracts or similar arrangements with existing broadcast facilities so as to provide immediate broadcast

coverage with low overhead.

(d) PLAN.—Not later than 30 days after the

date of the enactment of this Act, the Director of the United States Information Agency

shall submit to the appropriate congressional committees a plan for implementing

this section which shall include details concerning timetable for implementation, grant

criteria, and grant application procedures.

The procedures and timetable should be designed to ensure that grantees will begin

broadcasting not later than 120 days after

the date of the enactment of this Act.

TITLE XXV—INTERNATIONAL

ORGANIZATIONS AND COMMISSIONS

CHAPTER 1—GENERAL PROVISIONS

SEC. 2501. INTERNATIONAL BOUNDARY AND

WATER COMMISSION.

The Act of May 13, 1924 (49 Stat. 660, 22

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

U.S.C. 277b) by adding at the end the following new subsection:

‘‘(d) Pursuant to the authority of subsection (a) and in order to facilitate further

compliance with the terms of the Convention

for Equitable Distribution of the Waters of

the Rio Grande, May 21, 1906, United StatesMexico, the Secretary of State, acting

through the United States Commissioner of

the International Boundary and Water Commission, may make improvements to the Rio

Grande Canalization Project, originally authorized by the Act of August 29, 1935 (49

Stat. 961). Such improvements may include

all such works as may be needed to stabilize

the Rio Grande in the reach between the

Percha Diversion Dam in New Mexico and

the American Diversion Dam in El Paso.’’.

CHAPTER 2—UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS

SEC. 2521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED

NATIONS AND ITS SPECIALIZED

AGENCIES.

(a) ASSESSED CONTRIBUTIONS.—Of amounts

authorized to be appropriated for ‘‘Assessed

Contributions to International Organizations’’ by this Act, the President may withhold 20 percent of the funds appropriated for

the United States assessed contribution to

the United Nations or to any of its specialized agencies for any calendar year if the

United Nations or any such agency has failed

to implement or to continue to implement

consensus-based decisionmaking procedures

on budgetary matters which assure that sufficient attention is paid to the views of the

United States and other member states that

are the major financial contributors to such

assessed budgets.

(b) NOTICE TO CONGRESS.—The President

shall notify the Congress when a decision is

made to withhold any share of the United

States assessed contribution to the United

Nations or its specialized agencies pursuant

to subsection (a) and shall notify the Congress when the decision is made to pay any

previously withheld assessed contribution. A

notification under this subsection shall include appropriate consultation between the

President (or the President’s representative)

and the Committee on International Relations of the House of Representatives and

the Committee on Foreign Relations of the

Senate.

(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availability of appropriations,

payment of assessed contributions for prior

years may be made to the United Nations or

any of its specialized agencies notwithstanding subsection (a) if such payment would further United States interests in that organization.

(d) REPORT TO CONGRESS.—Not later than

February 1 of each year, the President shall

submit to the appropriate congressional

committees a report concerning the amount

of United States assessed contributions paid

to the United Nations and each of its specialized agencies during the preceding calendar

year.

SEC. 2522. LIMITATION ON CONTRIBUTIONS TO

THE UNITED NATIONS OR UNITED

NATIONS AFFILIATED ORGANIZATIONS.

The United States shall not make any voluntary or assessed contribution—

(1) to any affiliated organization of the

United Nations which grants full membership as a state to any organization or group

that does not have the internationally recognized attributes of statehood, or

(2) to the United Nations, if the United Nations grants full membership as a state in

the United Nations to any organization or

group that does not have the internationally

recognized attributes of statehood,

during any period in which such membership

is effective.

SEC. 2523. REPORT ON UNICEF.

Not later than December 31, 1995, the Secretary of State shall transmit to the appropriate congressional committees a report on

(1) the progress of UNICEF toward effective

financial, program, and personnel management; (2) the progress of UNICEF in shifting

its health, child survival, and maternal survival programs toward efficient and lowoverhead contractors, with particular emphasis on nongovernmental organizations;

and (3) the extent to which UNICEF has demonstrated its commitment to its traditional

mission of child health and welfare and resisted pressure to become involved in functions performed by other United Nations

agencies.

SEC. 2524. UNITED NATIONS BUDGETARY AND

MANAGEMENT REFORM.

(a) IN GENERAL.—The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 10. (a) WITHHOLDING OF CONTRIBUTIONS RELATED TO THE ROLE OF THE INSPECTOR GENERAL OF THE UNITED NATIONS.—
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5429

‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

UNITED NATIONS BUDGET.—For fiscal year 1996

and for each subsequent fiscal year, 20 percent of the amount of funds made available

for that fiscal year for United States assessed contributions for the regular United

Nations budget shall be withheld from obligation and expenditure unless a certification

for that fiscal year has been made under subsection (b).

‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED

NATIONS PEACEKEEPING.—For fiscal year 1996

and for each subsequent fiscal year, 50 percent of the amount of funds made available

for that fiscal year for United States assessed contributions for United Nations

peacekeeping activities shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under subsection (b).

‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

NATIONS PEACEKEEPING.—For fiscal year 1996

and for each subsequent fiscal year, the

United States may not pay any voluntary

contribution to the United Nations for international peacekeeping activities unless a

certification for that fiscal year has been

made under subsection (b).

‘‘(b) CERTIFICATION.—The certification referred to in subsection (a) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, of each of the following:

‘‘(1) The United Nations has an independent office of Inspector General to conduct

and supervise objective audits, inspections,

and investigations relating to programs and

operations of the United Nations.

‘‘(2) The United Nations has an Inspector

General who was appointed by the Secretary

General with the approval of the General Assembly and whose appointment was made

principally on the basis of the appointee’s integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or

investigation.

‘‘(3) The Inspector General is authorized

to—

‘‘(A) make investigations and reports relating to the administration of the programs

and operations of the United Nations;

‘‘(B) have access to all records, documents,

and other available materials relating to

those programs and operations;

‘‘(C) have direct and prompt access to any

official of the United Nations; and

‘‘(D) have access to all records and officials

of the specialized agencies of the United Nations.

‘‘(4) The United Nations has fully implemented, and made available to all member

states, procedures that effectively protect

the identity of, and prevent reprisals

against, any staff member of the United Nations making a complaint or disclosing information to, or cooperating in any investigation or inspection by, the United Nations

Inspector General.

‘‘(5) The United Nations has fully implemented procedures that ensure compliance

with recommendations of the United Nations

Inspector General.

‘‘(6) The United Nations has required the

United Nations Inspector General to issue an

annual report and has ensured that the annual report and all other reports of the Inspector General are made available to the

General Assembly without modification.

‘‘(7) The United Nations has provided, and

is committed to providing, sufficient budgetary resources to ensure the effective operation of the United Nations Inspector General.’’.

(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO CONTRACTING OF THE UNITED NATIONS.—The United Nations Participation

Act of 1945 (22 U.S.C. 287 et seq.) is further

amended by adding at the end the following

new section:

‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBUTIONS RELATED TO TIMELY NOTICE OF CONTRACT OPPORTUNITIES AND CONTRACT

AWARDS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—

For fiscal year 1997 and for each subsequent

fiscal year, 10 percent of the amount of funds

made available for that fiscal year for United States assessed contributions for the regular United Nations budget shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, that the United Nations has implemented a system requiring

(A) prior notification for the submission of

all qualified bid proposals on all United Nations procurement opportunities over

$100,000 and (B) a public announcement of the

award of any contract over $100,000. To the

extent practicable, notifications shall be

made in the Commerce Business Daily.

‘‘(b) WITHHOLDING OF CONTRIBUTIONS RELATED TO DISCRIMINATION AGAINST COMPANIES

WHICH CHALLENGE CONTRACT AWARDS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—

For fiscal year 1997 and for each subsequent

fiscal year, 10 percent of the amount of funds

made available for that fiscal year for United States assessed contributions for the regular United Nations budget shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, that the procurement regulations of the United Nations prohibit punitive actions such as the suspension

of contract eligibility for contractors who

challenge contract awards or complain about

delayed payments.

‘‘(c) WITHHOLDING OF CONTRIBUTIONS RELATED TO ESTABLISHMENT OF A UNITED NATIONS CONTRACT REVIEW PROCESS.—

‘‘(1) WITHHOLDING OF ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS BUDGET.—

For fiscal year 1998 and for each subsequent

fiscal year, 10 percent of the amount of funds

made available for that fiscal year for United States assessed contributions for the regular United Nations budget shall be withheld

from obligation and expenditure unless a

certification for that fiscal year has been

made under paragraph (2).

‘‘(2) CERTIFICATION.—The certification referred to in paragraph (1) for any fiscal year

is a certification by the President to the

Congress, submitted on or after the beginning of that fiscal year, that the United Nations has established a contract review process for contracts over $100,000 and a process

to assure unsuccessful bidders a timely opportunity to challenge awards for contracts

over $100,000 such bidders consider to have

been made improperly.’’.

(c) PROCUREMENT INFORMATION.—Section

4(d) of the United Nations Participation Act

of 1945 (22 U.S.C. 287b(d)), as amended by section 407 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public

Law 103-236) is amended in paragraph (2)(B)

by inserting before the period ‘‘, including

local procurement contracts’’.

TITLE XXVI—FOREIGN POLICY

PROVISIONS

CHAPTER 1—MISCELLANEOUS FOREIGN

POLICY PROVISIONS

SEC. 2601. TAIWAN RELATIONS ACT.

(a) APPLICABILITY.—Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is amended by adding at the end the following new

subsection:

‘‘(d) The provisions of subsections (a) and

(b) supersede any provision of the Joint Communique of the United States and China of

August 17, 1982.’’.

(b) VISITS TO THE UNITED STATES BY OFFICIALS OF THE GOVERNMENT OF THE REPUBLIC

OF CHINA ON TAIWAN.—Section 4 of the Taiwan Relations Act (22 U.S.C. 3303) is amended by adding at the end the following new

subsection:

‘‘(e) The Congress finds and declares that

there are no legitimate foreign policy

grounds for preventing members of the government chosen by the people of Taiwan

from making private visits to the United

States. Accordingly, notwithstanding any

other provision of law, no official of the government of the Republic of China on Taiwan

may be excluded from the United States on

the basis of a determination by the Secretary of State that the entry or proposed

activities in the United States of such individual would have potentially serious adverse foreign policy consequences for the

United States.’’.

SEC. 2602. BOSNIA GENOCIDE JUSTICE ACT.

(a) SHORT TITLE.—This section may be

cited as the ‘‘Bosnia Genocide Justice Act’’.

(b) POLICY.—

(1) IN GENERAL.—Consistent with international law, it is the policy of the United

States to bring to justice persons responsible

for genocide, war crimes, crimes against humanity and other serious violations of international humanitarian law committed in the

territory of the former Yugoslavia since 1991.

(2) SENSE OF CONGRESS.—The Congress

urges the President—

(A) to collect or assist appropriate organizations and individuals to collect relevant

data on these crimes committed in the

former Yugoslavia;

(B) to share such data with the War Crimes

Tribunal for the former Yugoslavia established by the Security Council of the United

Nations;

(C) to assist United Nations efforts to investigate, prosecute, and try those responsible for genocide, war crimes, crimes

against humanity and other serious violations of international humanitarian law

committed in the territory of the former

Yugoslavia since 1991;

(D) to submit to the Congress implementing legislation to enable compliance with requests and orders of the tribunal; and

(E) to support the ongoing work of the Tribunal through adequate financial contributions to the United Nations Voluntary Fund

for the War Crimes Tribunal for the former

Yugoslavia for 1996 and 1997.

(c) REPORTING REQUIREMENT.—Beginning 6

months after the date of enactment of this

Act, and every 6 months thereafter during

fiscal years 1996 and 1997, the President shall

submit a report describing the steps taken to

implement the provisions of this section to

the appropriate congressional committees.

SEC. 2603. EXPANSION OF COMMISSION ON SECURITY AND COOPERATION IN EUROPE.

Section 3(a) of the Act entitled ‘‘An Act to

establish a Commission on Security and Cooperation in Europe’’, approved June 3, 1976

(22 U.S.C. 3003) is amended—

(1) in subsection (a) by striking ‘‘twentyone’’ and inserting ‘‘twenty-nine’’; and

(2) by striking paragraphs (1) and (2) and

inserting the following:
H 5430 CONGRESSIONAL RECORD — HOUSE May 23, 1995

‘‘(1) Thirteen Members of the House of Representatives appointed by the Speaker of the

House of Representatives. Seven Members

shall be selected from the majority party

and six Members shall be selected, after

consulation with the minority leader of the

House, from the minority party.

‘‘(2) Thirteen Members of the Senate appointed by the President of the Senate.

Seven Members shall be selected from the

majority party of the Senate, after consultation with the majority leader, and six Members shall be selected, after consultation

with the minority leader of the Senate, from

the minority party.’’.

CHAPTER 2—RELATING TO THE UNITED

STATES-NORTH KOREA AGREED FRAMEWORK AND THE OBLIGATIONS OF

NORTH KOREA UNDER THAT AND PREVIOUS AGREEMENTS WITH RESPECT TO

THE DENUCLEARIZATION OF THE KOREAN PENINSULA AND DIALOGUE WITH

THE REPUBLIC OF KOREA

SEC. 2641. FINDINGS.

The Congress makes the following findings:

(1) The United States-Democratic People’s

Republic of Korea Agreed Framework (hereafter in this chapter referred to as the

‘‘Agreed Framework’’), entered into on October 21, 1994, between the United States and

North Korea, requires North Korea to stop

and eventually dismantle its graphite-moderated nuclear reactor program and related

facilities, and comply fully with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, in exchange for alternative energy sources, including interim

supplies of heavy fuel oil for electric generators and more proliferation-resistant light

water reactor technology.

(2) The Agreed Framework also commits

North Korea to ‘‘consistently take steps to

implement the North-South Joint Declaration on the Denuclearization of the Korean

Peninsula’’ and ‘‘engage in North-South’’

dialogue with the Republic of Korea.

(3) The Agreed Framework does not indicate specific criteria for full normalization

of relations between the United States and

North Korea, and does not link the sequencing of actions in the Agreed Framework with

any time-frame for carrying out the provisions of the North-South Joint Declaration

on the Denuclearization of the Korean Peninsula and carrying out the dialogue between North Korea and the Republic of

Korea.

(4) The commitment by North Korea to

carry out the letter and spirit of the Agreed

Framework has been put into doubt by actions of North Korea since October 21, 1994,

including the suspected diversion of United

States heavy fuel oil in apparent contravention of the agreed purpose of the interim fuel

deliveries, the refusal to accept light water

reactors from the Republic of Korea, the

harsh denunciations of the Government of

the Republic of Korea, and other actions contrary to the commitment by North Korea to

engage in a dialogue with such Government,

and the continued conduct of provocative, offensive oriented military exercises.

(5) The nuclear threat posed by North

Korea is just one of a number of security

concerns of the United States arising out of

the policies of North Korea.

SEC. 2642. CLARIFICATION OF NUCLEAR NONPROLIFERATION OBLIGATIONS OF

NORTH KOREA UNDER THE AGREED

FRAMEWORK.

It is the sense of the Congress that in discussions or negotiations with the Government of North Korea pursuant to the implementation of the United States-Democratic

People’s Republic of Korea Agreed Framework entered into on October 21, 1994, the

President should uphold the following minimum conditions relating to nuclear nonproliferation:

(1) All spent fuel from the graphite-moderated nuclear reactors and related facilities

of North Korea should be removed from the

territory of North Korea as is consistent

with the Agreed Framework.

(2) The International Atomic Energy Agency should have the freedom to conduct any

and all inspections that it deems necessary

to fully account for the stocks of plutonium

and other nuclear materials in North Korea,

including special inspections of suspected

nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier

Group Guidelines are delivered for a light

water reactor for North Korea.

(3) The dismantlement of all declared

graphite-based nuclear reactors and related

facilities in North Korea, including reprocessing units, should be completed in accordance with the Agreed Framework and in a

manner that effectively bars in perpetuity

any reactivation of such reactors and facilities.

(4) The United States should suspend actions described in the Agreed Framework if

North Korea reloads its existing 5 megawatt

nuclear reactor or resumes construction of

nuclear facilities other than those permitted

to be built under the Agreed Framework.

SEC. 2643. ROLE OF THE REPUBLIC OF KOREA

UNDER THE AGREED FRAMEWORK.

It is further the sense of the Congress that

the Republic of Korea should play the

central role in the project to provide light

water reactors to North Korea under the

Agreed Framework.

SEC. 2644. FURTHER STEPS TO PROMOTE UNITED

STATES SECURITY AND POLITICAL

INTERESTS WITH RESPECT TO

NORTH KOREA.

It is further the sense of the Congress that,

after the date of the enactment of this Act,

the President should not take further steps

toward upgrading diplomatic relations with

North Korea beyond opening liaison offices

or relaxing trade and investment barriers

imposed against North Korea without—

(1) action by the Government of North

Korea to engage in a North-South dialogue

with the Government of the Republic of

Korea;

(2) significant progress toward implementation of the North-South Joint Declaration

on the Denuclearization of the Korean Peninsula; and

(3) progress toward the achievement of several long-standing United States policy objectives regarding North Korea and the Korean Peninsula, including—

(A) reducing the number of military forces

of North Korea along the Demilitarized Zone

and relocating such military forces away

from the Demilitarized Zone;

(B) prohibiting any movement by North

Korea toward the deployment of an intermediate range ballistic missile system; and

(C) prohibiting the export by North Korea

of missiles and other weapons of mass destruction, including related technology and

components.

SEC. 2645. RESTRICTIONS ON ASSISTANCE TO

NORTH KOREA AND THE KOREAN

PENINSULA ENERGY DEVELOPMENT

ORGANIZATION.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND

THE KOREAN PENINSULA ENERGY

DEVELOPMENT ORGANIZATION.

‘‘No assistance may be provided under this

Act or any other provision of law to North

Korea or the Korean Peninsula Energy Development Organization unless—

‘‘(1) such assistance is provided in accordance with all requirements, limitations, and

procedures otherwise applicable to the provision of such assistance for such purposes; and

‘‘(2) the President—

‘‘(A) notifies the congressional committees

specified in section 634A(a) of this Act prior

to the obligation of such assistance in accordance with the procedures applicable to

reprogramming notifications under that section, irrespective of the amount of the proposed obligation of such assistance; and

‘‘(B) determines and reports to such committees that the provision of such assistance

is vital to the national interests of the United States.’’.

(b) EFFECTIVE DATE.—Section 620G of the

Foreign Assistance Act of 1961, as added by

subsection (a), applies with respect to assistance provided to North Korea or the Korean

Peninsula Energy Development Organization

on or after the date of the enactment of this

Act.

CHAPTER 3—BURMA

SEC. 2651. UNITED STATES POLICY CONCERNING

THE DICTATORSHIP IN BURMA.

(a) SENSE OF THE CONGRESS.—It is the sense

of the Congress that the President should

take steps to encourage the United Nations

Security Council to—

(1) impose an international arms embargo

on Burma;

(2) affirm support for human rights and the

protection of all Karen, Karenni, and other

minorities in Burma;

(3) condemn Burmese officials responsible

for crimes against humanity;

(4) take steps to encourage multilateral assistance programs for refugees from Burma

in Thailand and India; and

(5) reduce United Nations activities in

Burma, including UNDP (United Nations Development Program), UNICEF (United Nations Children’s Fund), UNFPA (United Nations Family Planning Agency), World

Health Organization (WHO), Food and Agriculture Organization (FAO), and UNIDCP

(United Nations International Drug Control

Program) activities.

(b) REDUCTION IN DIPLOMATIC PRESENCE.—It

is the sense of the Congress that the President should reduce the diplomatic presence

of the United States in Burma by reducing

the total number of the members of the Foreign Service stationed in Burma on the date

of enactment of this Act.

CHAPTER 4—TORTURE

SEC. 2661. DEFINITIONS.

(a) TORTURE.—As used in this chapter, the

term ‘‘torture’’ means any act by which severe pain or suffering, whether physical or

mental, is intentionally inflicted on a person

for such purposes as obtaining from the person or a third person information or a confession, punishing the person for an act the

person or a third person has committed or is

suspected of having committed, or intimidating or coercing the person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering

is inflicted by, at the instigation of, or with

the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering

arising only from, inherent in, or incidental

to lawful sanctions.

(b) SUBSTANTIAL GROUNDS FOR BELIEVING.—

As used in this chapter, the term ‘‘substantial grounds for believing’’ means substantial evidence.

(c) IN DANGER OF BEING SUBJECTED TO TORTURE.—As used in this chapter, the term ‘‘in

danger of being subjected to torture’’ means

circumstances in which a reasonable person

would fear subjection to torture.

(d) INVOLUNTARILY RETURN.—As used in

this chapter, the term ‘‘involuntarily return’’ means to take action by which it is

reasonably foreseeable that a person will be
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5431

required to return to a country against the

person’s will, regardless of whether such return is induced by physical force and regardless of whether the person is physically

present in the United States.

SEC. 2662. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS SUBJECTED TO

TORTURE.

No funds authorized to be appropriated by

this Act are authorized to be available to

expel, extradite, or otherwise involuntarily

return a person to a country in which there

are substantial grounds for believing the person would be in danger of being subjected to

torture, or to support, promote, or assist

such involuntary return.

TITLE XXVII—CONGRESSIONAL

STATEMENTS

SEC. 2701. INTER-AMERICAN ORGANIZATIONS.

Taking into consideration the long-term

commitment by the United States to the affairs of this Hemisphere and the need to

build further upon the linkages between the

United States and its neighbors, the Secretary of State, in allocating the level of resources for international organizations,

should pay particular attention to funding

levels of the Inter-American organizations.

SEC. 2702. TERRITORIAL INTEGRITY OF BOSNIA

AND HERZEGOVINA.

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

(1) The sovereign and independent state of

Bosnia-Herzegovina was formally recognized

by the United States of America on April 7,

1992.

(2) The sovereign and independent state of

Bosnia-Herzegovina was admitted as a full

participating State of the Conference on Security and Cooperation in Europe on April

30, 1992.

(3) The sovereign and independent state of

Bosnia-Herzegovina was admitted as a Member state of the United Nations on May 22,

1992.

(4) The United States has declared its determination to respect and put into practice

the Declaration on Principles Guiding Relations between Participating States contained in the Final Act of the Conference on

Security and Cooperation in Europe.

(5) Each of the principles has been violated

during the course of war in BosniaHerzegovina: sovereign equality and respect

for the rights inherent in sovereignty, refraining from the threat or use of force; inviolability of frontiers; territorial integrity

of States; peaceful settlement of disputes;

nonintervention in internal affairs; respect

for human rights and fundamental freedoms,

including the freedom of thought, conscience, religion or belief; equal rights and

self-determination of peoples; cooperation

among States; and fulfillment in good faith

of obligations under international law.

(6) Principle II of the Final Act commits

the participating States to ‘‘refrain from any

manifestation of force for the purpose of inducing another participating State to renounce the full exercise of its sovereign

rights’’.

(7) Principle III of the Final Act commits

the participating States to ‘‘refrain from any

demand for, or act of, seizure and usurpation

of part or all of the territory of any participating State’’.

(8) Principle IV of the Final Act commits

the participating States to ‘‘respect the territorial integrity of each of the participating

States’’ and ‘‘refrain from any action inconsistent with the purposes and principles of

the Charter of the United Nations against

the territorial integrity, political independence or the unity of any participating

State’’.

(9) The Charter of Paris for a New Europe

commits the participating States ‘‘to cooperate in defending democratic institutions

against activities which violate the independence, sovereign equality, or territorial

integrity of the participating States’’.

(10) The Helsinki Document 1992 reaffirms

‘‘the validity of the guiding principles and

common values of the Helsinki Final Act and

the Charter of Paris, embodying responsibilities of States towards each other and of governments towards their own people’’ which

serve as the ‘‘collective conscience of our

community’’.

(11) The Charter of the United Nations

calls upon Member states to respect the territorial integrity and political independence

of any state in keeping with the Purposes of

the United Nations.

(12) The sovereign and independent state of

Bosnia-Herzegovina has been and continues

to be subjected to armed aggression Bosnian

Serb forces, Croatian Serb forces, and others

in violation of Final Act and the Charter.

(13) Unchecked armed aggression and genocide threatens the lives of innocent civilians

as well as the very existence of the sovereign

and independent state of BosniaHerzegovina.

(b) SENSE OF CONGRESS.—It is the sense of

the Congress that the United States should

refuse to recognize the incorporation of any

of the territory of Bosnia-Herzegovina into

the territory of any neighboring state or the

creation of any new state or states within

the borders of Bosnia-Herzegovina resulting

from the threat or use of force, coercion, or

any other means inconsistent with international law.

SEC. 2703. THE LAOGAI SYSTEM OF POLITICAL

PRISONS.

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

(1) The Chinese gulag, known as the

Laogai, was created as a primary means of

political repression and control when the

Communists assumed power in China in 1949.

(2) The Laogai has caused millions of people to suffer grave human rights abuses over

the past 46 years, including countless deaths.

(3) The Laogai continues to be used to incarcerate unknown numbers of ordinary citizens for political reasons, including workers,

students, intellectuals, religious believers,

and Tibetans.

(4) So-called ‘‘thought reform’’ is a standard practice of Laogai officials, and reports

of torture are routinely received by human

rights organizations from Laogai prisoners

and survivors.

(5) Negotiations about unfettered access to

Laogai prisoners between the Chinese Government and the International Red Cross

have ceased.

(6) The Laogai is in reality a huge system

of forced labor camps in which political and

penal criminals are slave laborers producing

an array of products for export throughout

the world, including the United States.

(7) The Chinese Government continues to

maintain, as part of its official propaganda

and in defiance of significant evidence to the

contrary gathered by many human rights organizations, that the Laogai is a prison system like any other in the world.

(8) Testimony delivered before the Subcommittee on International Operations and

Human Rights of the Committee on International Relations of the House of Representatives has documented human rights

abuses in the Laogai which continue to this

day.

(9) The American people have repeatedly

expressed their abhorrence of forced labor

camps systems, whether they be operated by

the Nazis, Soviet Communists, or any other

political ideology.

(b) SENSE OF CONGRESS.—It is the sense of

the Congress that the President should—

(1) publicly condemn the continued existence of the Laogai, and call upon the Government of the People’s Republic of China to

dismantle it, and release all of its political

prisoners; and

(2) instruct the appropriate diplomatic representatives of the United States to cause a

resolution condemning the Laogai to be put

before the United Nations Human Rights

Commission and work for its passage.

SEC. 2704. CONCERNING THE USE OF FUNDS TO

FURTHER NORMALIZE RELATIONS

WITH VIETNAM.

It is the sense of the Congress that none of

the funds authorized to be appropriated or

otherwise made available by this Act may be

obligated or expended to further normalize

diplomatic relations between the United

States and Vietnam, until Vietnam—

(1) releases all of its political and religious

prisoners;

(2) accounts for American POWs and MIAs

from the Vietnam War;

(3) holds democratic elections; and

(4) institutes policies which protect human

rights.

SEC. 2705. DECLARATION OF CONGRESS REGARDING UNITED STATES GOVERNMENT

HUMAN RIGHTS POLICY TOWARD

CHINA.

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

(1) According to the 1994 State Department

Country Reports on Human Rights Practices

there continue to be ‘‘widespread and welldocumented human rights abuses in China,

in violation of internationally accepted

norms . . . (including) arbitrary and lengthy

incommunicado detention, torture, and mistreatment of prisoners. The regime continued severe restrictions on freedoms of

speech, press assembly and association, and

tightened controls on the exercise of these

rights during 1994. Serious human rights

abuses persisted in Tibet and other areas

populated by ethnic minorities’’.

(2) The President, in announcing his decision on Most Favored Nation trading status

for China in May 1994 stated that, ‘‘China

continues to commit very serious human

rights abuses. Even as we engage the Chinese

on military, political, and economic issues,

we intend to stay engaged with those in

China who suffer from human rights abuses.

The United States must remain a champion

of their liberties’’.

(b) SENSE OF CONGRESS.—It is the sense of

the Congress that the President should take

the following actions:

(1) Decline the invitation to visit China

until and unless there is dramatic overall

progress on human rights in China and Tibet

and communicate to the Government of

China that such a visit cannot take place

without such progress. Indications of overall

progress would include the release of hundreds of political, religious, and labor activists; an agreement to allow unhindered confidential access to prisoners by international

humanitarian agencies; enactment of major

legal reforms such as an end to all restrictions on the exercise of freedom of religion,

revocation of the 1993 state security law, and

the abolition of all so-called ‘‘counter-revolutionary’’ crimes; an end to forced abortion,

forced sterilization, and the provision by

government facilities of human fetal remains for consumption as food; and a decision to allow unrestricted access to Tibet by

foreign media and international human

rights monitors.

(2) Seek to develop an agreement on a multilateral strategy to promote human rights

in China with other members of the G–7, beginning with the meeting of the G–7 industrial partners scheduled for June 1995 in

Halifax, Nova Scotia. Such an agreement

should include efforts to encourage greater
H 5432 CONGRESSIONAL RECORD — HOUSE May 23, 1995

cooperation by the Government of China

with the human rights rapporteurs and

working groups of the United Nations

Human Rights Commission, as well as bilateral and multilateral initiatives to secure

the unconditional release of imprisoned

peaceful pro-democracy advocates such as

Wei Jingsheng.

(3) Instruct the United States delegates to

the United Nations Fourth World Conference

on Women in September 1995 to vigorously

and publicly support nongovernmental organizations that may be subjected to harassment or to restrictions or limitations on

their activities, access to the media, or to

channels of communication during the conference by the Government of China and to

protest publicly and privately any actions by

the Government of China aimed at punishing

or repressing Chinese citizens who seek to

peacefully express their views or communicate with foreign citizens or media during

or following the United Nations Conference.

(4) Extend an invitation to the Dalai Lama

to visit Washington, District of Columbia, in

1995.

(c) UNITED STATES GOVERNMENT HUMAN

RIGHTS POLICY TOWARD CHINA.—It shall be

the policy of the United States Government

to continue to promote internationally recognized human rights and worker rights in

China and Tibet. The President shall submit

the following reports on the formulation and

implementation of United States human

rights policy toward China and the results of

that policy to the International Relations

Committee of the House of Representatives :

(1) Not later than 90 days after the date of

enactment of this Act, the President shall

report on the status of the ‘‘new United

States Human Rights Policy for China’’ announced by the President on May 26, 1994, including an assessment of the implementation and effectiveness of the policy in bringing about human rights improvements in

China and Tibet, with reference to the following specific initiatives announced on that

date:

(A) High-level dialogue on human rights.

(B) Voluntary principles in the area of

human rights for United States businesses

operating in China.

(C) Increased contact with and support for

groups and individuals in China promoting

law reform and human rights.

(D) Increased exchanges to support human

rights law reform in China.

(E) The practice of all United States officials who visit China to meet with the broadest possible spectrum of Chinese citizens.

(F) Increased efforts to press United States

views on human rights in China at the United Nations, the United Nations Human

Rights Commission, and other international

organizations.

(G) A plan of international actions to address Tibet’s human rights problems and to

promote substantive discussions between the

Dalai Lama and the Chinese Government.

(H) Efforts to use the 1995 United Nations

Women’s Conference in Beijing to expand

freedoms of speech, association, and assembly, as well as the rights of women, in China.

(I) An information strategy for promoting

human rights by expanding Chinese and Tibetan language broadcasts on the Voice of

America and establishing Radio Free Asia.

(J) Encouraging the Chinese Government

to permit international human rights groups

to operate in and visit China.

The report required by this paragraph shall

also assess the progress, if any, of the People’s Republic of China toward ending forced

abortion, forced sterilization, and other coercive population control practices.

(2) Not later than 120 days after the date of

enactment of this Act, the President shall

report on the status of Chinese Government

compliance with United States laws prohibiting the importation into the United States

of forced labor products, including (but not

limited to) a complete assessment and report

on the implementation of the Memorandum

of Understanding signed by the United

States and China in 1992. The report shall include (but not be limited to) the following:

(A) All efforts made by the United States

Customs Service from 1992 until the date of

the report to investigate forced labor exports

and to conduct unannounced unrestricted inspections of suspected forced labor sites in

China, and the extent to which Chinese authorities cooperated with such investigations.

(B) Recommendations of what further

steps might be taken to enhance United

States effectiveness in prohibiting forced

labor exports to the United States from

China.

SEC. 2706. CONCERNING THE UNITED NATIONS

VOLUNTARY FUND FOR VICTIMS OF

TORTURE.

It is the sense of the Congress that the

President, acting through the United States

Permanent Representative to the United Nations, should—

(1) request the United Nations Voluntary

Fund for Victims of Torture—

(A) to find new ways to support and protect

treatment centers that are carrying out rehabilitative services for victims of torture;

and

(B) to encourage the development of new

such centers;

(2) use the voice and vote of the United

States to support the work of the Special

Rapporteur on Torture and the Committee

Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and

(3) use the voice and vote of the United

States to establish a country rapporteur or

similar procedural mechanism to investigate

human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that

country.

SEC. 2707. RECOMMENDATIONS OF THE PRESIDENT FOR REFORM OF WAR POWERS RESOLUTION.

It is the sense of the Congress that the

President should transmit to the Congress

recommendations for reform of the War Powers Resolution (50 U.S.C. 1541 et seq.) in order

to permit the Congress and the President to

more effectively fulfill their constitutional

responsibilities with respect to the deployment of United States Armed Forces abroad.

SEC. 2708. CONFLICT IN KASHMIR.

It is the sense of the Congress that the

United States reiterates the need for all parties to the conflict in Kashmir to enter into

negotiations and resolve the conflict peacefully. The Congress urges the executive

branch to work with all parties to facilitate

a peaceful negotiated settlement of the

Kashmir conflict.

SEC. 2709. UNITED STATES RELATIONS WITH THE

FORMER YUGOSLAV REPUBLIC OF

MACEDONIA (FYROM).

It is the sense of the Congress that the

Former Yugoslav Republic of Macedonia

(FYROM) should be eligible for all United

States foreign assistance programs, including programs of the Export-Import Bank and

the Overseas Private Investment Corporation, if the government continues to respect

the rights of all ethnic minorities.

SEC. 2710. SENSE OF THE CONGRESS RELATING

TO INDONESIA.

It is the sense of the Congress that—

(1) the United States should continue to

urge progress in promotion and protection of

internationally recognized human rights by

the Government of Indonesia;

(2) in its bilateral relations with the Government of Indonesia, the United States

should place a high priority on public and

private efforts to urge the Government of Indonesia to take specific steps to remove restrictions of freedom of expression and association, to allow freedom of the press, to

allow freedom of religion, to end arbitrary

arrests and torture and ill-treatment, to

cease official attacks on nongovernmental

organizations, to end the widespread denial

of worker rights, and to hold members of the

military accountable for human rights

abuses;

(3) with respect to the situation in East

Timor, the United States should call on the

Government of Indonesia to make public the

complete findings of the investigations into

the killings of unarmed civilians in Liquica

on January 12, 1995, including the reports of

the Army Council of Military Honor and the

findings of the National Human Rights Commission, and that those responsible for the

killings be identified and brought to justice;

(4) the United States should continue to

press the Government of Indonesia to fully

comply with the 1994 and 1995 recommendations of the United Nations Human Rights

Commission regarding the need for a full accounting of the Dili incident of November

1991;

(5) the United States should urge the Government of Indonesia to allow independent

human rights monitoring organizations and

foreign journalists unhindered access to East

Timor;

(6) the United States should urge the Government of Indonesia to respect free practice

of religion, including Christianity, in Indonesia, including East Timor; and

(7) the President should instruct the United States delegates to the annual Indonesia

aid consortium donor meeting in July 1995 to

again raise concerns about human rights violations in Indonesia, including restrictions of

freedom of the press, attacks on nongovernmental organizations, and widespread violations of human rights in East Timor.

SEC. 2711. DISPLACED PERSONS.

It is the sense of the Congress that of the

amounts made available to the United Nations Development Program (and United Nations Development Program-Administered

Funds), at least $20,000,000 for fiscal year 1996

and $20,000,000 for fiscal year 1997 should be

available for programs and services conducted in cooperation with the International

Organization for Migration, the International Committee for the Red Cross, and

nongovernmental organizations, for persons

who are displaced within their countries of

nationality.

DIVISION C—FOREIGN ASSISTANCE

AUTHORIZATIONS

SEC. 3001. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Aid Reduction Act of 1995’’.

SEC. 3002. DECLARATION OF POLICY.

The Congress declares the following:

(1) United States leadership overseas must

be maintained to support our vital national

security, economic, and humanitarian interests.

(2) As part of this leadership, United States

foreign assistance programs are essential to

support these national interests.

(3) However, United States foreign assistance programs can be responsibly reduced

while maintaining United States leadership

overseas.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5433

TITLE XXXI—DEFENSE AND SECURITY

ASSISTANCE

CHAPTER 1—MILITARY AND RELATED

ASSISTANCE

Subchapter A—Foreign Military Financing

Program

SEC. 3101. AUTHORIZATION OF APPROPRIATIONS.

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) $3,284,440,000 for fiscal year 1996; and

(2) $3,240,020,000 for fiscal year 1997.

SEC. 3102. ADMINISTRATIVE EXPENSES.

Of the amounts made available for fiscal

years 1996 and 1997 for assistance under the

‘‘Foreign Military Financing Program’’ account under section 23 of the Arms Export

Control Act (22 U.S.C. 2763), not more than

$24,020,000 for each such fiscal year may be

made available for necessary expenses for

the general costs of administration of military assistance and sales, including expenses

incurred in purchasing passenger motor vehicles for replacement for use outside the United States.

SEC. 3103. ASSISTANCE FOR ISRAEL.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under the ‘‘Foreign Military

Financing Program’’ account under section

23 of the Arms Export Control Act (22 U.S.C.

2763), not less than $1,800,000,000 for each

such fiscal year shall be available only for

Israel.

(b) TERMS OF ASSISTANCE.—

(1) GRANT BASIS.—The assistance provided

for Israel for each fiscal year under subsection (a) shall be provided on a grant basis.

(2) EXPEDITED DISBURSEMENT.—Such assistance shall be disbursed—

(A) with respect to fiscal year 1996, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, or by October 31, 1995, whichever is later; and

(B) with respect to fiscal year 1997, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, or by October 31, 1996, whichever is later.

(3) ADVANCED WEAPONS SYSTEMS.—To the

extent that the Government of Israel requests that funds be used for such purposes,

funds described in subsection (a) shall, as

agreed by the Government of Israel and the

Government of the United States, be available for advanced weapons systems, of which

not less than $475,000,000 for each fiscal year

shall be available only for procurement in Israel of defense articles and defense services,

including research and development.

(c) FOREIGN MILITARY SALES.—Section

21(h) of the Arms Export Control Act (22

U.S.C. 2761(h)) is amended—

(1) in paragraph (1)(A), by inserting ‘‘or the

Government of Israel’’ after ‘‘North Atlantic

Treaty Organization’’; and

(2) in paragraph (2), by striking ‘‘or to any

member government of that Organization if

that Organization or member government’’

and inserting ‘‘, any member government of

that Organization, or the Government of Israel, if the Organization, member government, or Government of Israel, as the case

may be,’’.

SEC. 3104. ASSISTANCE FOR EGYPT.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under the ‘‘Foreign Military

Financing Program’’ account under section

23 of the Arms Export Control Act (22 U.S.C.

2763), not less than $1,300,000,000 for each

such fiscal year shall be available only for

Egypt.

(b) TERMS OF ASSISTANCE.—The assistance

provided for Egypt for each fiscal year under

subsection (a) shall be provided on a grant

basis.

SEC. 3105. LOANS FOR GREECE AND TURKEY.

Of the amounts made available for fiscal

year 1996 under section 23 of the Arms Export

Control Act (22 U.S.C. 2763)—

(1) not more than $26,620,000 shall be made

available for the subsidy cost, as defined in

section 502(5) of the Federal Credit Reform

Act of 1990, of direct loans for Greece; and

(2) not more than $37,800,000 shall be made

available for such subsidy cost of direct

loans for Turkey.

SEC. 3106. TERMS OF LOANS.

Section 31(c) of the Arms Export Control

Act (22 U.S.C. 2771(c)) is amended to read as

follows:

‘‘(c) Loans available under section 23 shall

be provided at rates of interest that are not

less than the current average market yield

on outstanding marketable obligations of

the United States of comparable maturities.’’.

SEC. 3107. NONREPAYMENT OF GRANT ASSISTANCE.

Section 23 of the Arms Export Control Act

(22 U.S.C. 2763) is amended by adding at the

end the following new subsection:

‘‘(f) Notwithstanding any other provision

of this section, the President shall not require repayment of any assistance provided

on a grant basis under this section to a foreign country or international organization.’’.

SEC. 3108. ADDITIONAL REQUIREMENTS.

(a) AVAILABILITY OF FUNDS FOR PROCUREMENT OF DEFENSE ARTICLES, SERVICES, AND

DESIGN AND CONSTRUCTION SERVICES NOT

SOLD BY U.S. GOVERNMENT.—Section 23 of

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

as amended by this Act, is further amended

by adding at the end the following new subsection:

‘‘(g) Funds made available to carry out

this section for a fiscal year may be made

available to a foreign country or international organization for the purpose of financing the procurement of defense articles,

defense services, and design and construction

services that are not sold by the United

States Government under this Act only—

‘‘(1) with respect to a country that is a

member country of the North Atlantic Organization, a major non-NATO ally, or Jordan

for which assistance was justified under this

section in the annual congressional presentation documents under section 634 of the

Foreign Assistance Act of 1961 for that fiscal

year; and

‘‘(2) if such country or international organization enters into an agreement with the

United States Government that specifies the

terms and conditions under which such procurements shall be financed with such

funds.’’.

(b) AUDIT OF CERTAIN PRIVATE FIRMS.—Section 23 of such Act (22 U.S.C. 2763), as amended by this Act, is further amended by adding

at the end the following new subsection:

‘‘(h) For each fiscal year, the Secretary of

Defense, as requested by the Director of the

Defense Security Assistance Agency, shall

conduct audits on a nonreimbursable basis of

private firms that have entered into contracts with foreign governments under which

defense articles, defense services, or design

and construction services are to be procured

by such firms for such governments from financing under this section for such fiscal

year.’’.

(c) PROHIBITION ON USE OF FUNDS FOR THE

TRANSPORT OF AIRCRAFT TO COMMERCIAL

ARMS SALES SHOWS.—Section 23 of such Act

(22 U.S.C. 2763), as amended by this Act, is

further amended by adding at the end the

following new subsection:

‘‘(i) Funds made available to carry out this

section may not be used to facilitate the

transport of aircraft to commercial arms

sales shows.’’.

(d) NOTIFICATION REQUIREMENT WITH RESPECT TO CASH FLOW FINANCING.—Section 23

of such Act (22 U.S.C. 2763), as amended by

this Act, is further amended by adding at the

end the following new subsection:

‘‘(j)(1) For each country and international

organization that has been approved for cash

flow financing under this section, any letter

of offer and acceptance or other purchase

agreement, or any amendment thereto, for a

procurement of defense articles, defense

services, or design and construction services

in excess of $100,000,000 that is to be financed

in whole or in part with funds made available under this Act or the Foreign Assistance Act of 1961 shall be submitted to the

congressional committees specified in section 634A(a) of the Foreign Assistance Act of

1961 in accordance with the procedures applicable to reprogramming notifications under

that section.

‘‘(2) For purposes of this subsection, the

term ‘cash flow financing’ has the meaning

given such term in the second subsection (d)

of section 25.’’.

(e) LIMITATIONS ON USE OF FUNDS FOR DIRECT COMMERCIAL CONTRACTS.—Section 23 of

such Act (22 U.S.C. 2763), as amended by this

Act, is further amended by adding at the end

the following new subsection:

‘‘(k) Of the amounts made available for a

fiscal year to carry out this section, not

more than $100,000,000 for such fiscal year

may be made available for countries other

than Israel and Egypt for the purpose of financing the procurement of defense articles,

defense services, and design and construction

services that are not sold by the United

States Government under this Act.’’.

(f) USE OF FUNDS FOR DEMINING ACTIVITIES.—Section 23 of such Act (22 U.S.C. 2763),

as amended by this Act, is further amended

by adding at the end the following new subsection:

‘‘(l) Notwithstanding any other provision

of law, funds made available to carry out

this section may be used for demining activities, and may include activities implemented

through nongovernmental and international

organizations.’’.

Subchapter B—Other Assistance

SEC. 3121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

(a) UNFORESEEN EMERGENCY DRAWDOWN.—

Section 506(a)(1) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2318(a)(1)) is amended

by striking ‘‘$75,000,000’’ and inserting

‘‘$100,000,000’’.

(b) ADDITIONAL DRAWDOWN.—Section 506 of

such Act (22 U.S.C. 2318) is amended—

(1) in subsection (a)(2)(A), by striking ‘‘defense articles from the stocks’’ and all that

follows and inserting the following: ‘‘articles

and services from the inventory and resources of any agency of the United States

Government and military education and

training from the Department of Defense,

the President may direct the drawdown of

such articles, services, and military education and training—

‘‘(i) for the purposes and under the authorities of—

‘‘(I) chapter 8 of part I (relating to international narcotics control assistance);

‘‘(II) chapter 9 of part I (relating to international disaster assistance); or

‘‘(III) the Migration and Refugee Assistance Act of 1962; or

‘‘(ii) for the purpose of providing such articles, services, and military education and
H 5434 CONGRESSIONAL RECORD — HOUSE May 23, 1995

training to Vietnam, Cambodia, and Laos as

the President determines are necessary—

‘‘(I) to support efforts to locate and repatriate members of the United States Armed

Forces and civilians employed directly or indirectly by the United States Government

who remain unaccounted for from the Vietnam War; and

‘‘(II) to ensure the safety of United States

Government personnel engaged in such cooperative efforts and to support Department of

Defense-sponsored humanitarian projects associated with such efforts.’’;

(2) in subsection (a)(2)(B), by striking

‘‘$75,000,000’’ and all that follows and inserting ‘‘$150,000,000 in any fiscal year of such articles, services, and military education and

training may be provided pursuant to subparagraph (A) of this paragraph—

‘‘(i) not more than $75,000,000 of which may

be provided from the drawdown from the inventory and resources of the Department of

Defense;

‘‘(ii) not more than $75,000,000 of which

may be provided pursuant to clause (i)(I) of

such subparagraph; and

‘‘(iii) not more than $15,000,000 of which

may be provided to Vietnam, Cambodia, and

Laos pursuant to clause (ii) of such subparagraph.’’; and

(3) in subsection (b)(1), by adding at the

end the following: ‘‘In the case of drawdowns

authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i), notifications shall be provided to those committees at least 15 days in

advance in accordance with the procedures

applicable to reprogramming notifications

under section 634A.’’.

(c) NOTICE TO CONGRESS OF EXERCISE OF

SPECIAL AUTHORITIES.—Section 652 of such

Act (22 U.S.C. 2411) is amended by striking

‘‘prior to the date’’ and inserting ‘‘before’’.

SEC. 3122. STOCKPILES OF DEFENSE ARTICLES.

(a) LIMITATION ON VALUE OF ADDITIONS.—

Section 514(b)(1) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2321h(b)(1)) is amended

by inserting ‘‘or in the implementation of

agreements with Israel’’ after ‘‘North Atlantic Treaty Organization’’.

(b) ADDITIONS IN FISCAL YEARS 1996 AND

1997.—Section 514(b)(2) of such Act (22 U.S.C.

2321h(b)(2)) is amended to read as follows:

‘‘(2)(A) The value of such additions to

stockpiles of defense articles in foreign countries shall not exceed $50,000,000 for each of

the fiscal years 1996 and 1997.

‘‘(B) Of the amount specified in subparagraph (A) for each of the fiscal years 1996 and

1997, not more than $40,000,000 may be made

available for stockpiles in the Republic of

Korea and not more than $10,000,000 may be

made available for stockpiles in Thailand.’’.

(c) LOCATION OF STOCKPILES OF DEFENSE

ARTICLES.—Section 514(c) of such Act (22

U.S.C. 2321h(c)) is amended to read as follows:

‘‘(c) LOCATION OF STOCKPILES OF DEFENSE

ARTICLES.—

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

paragraph (2), no stockpile of defense articles may be located outside the boundaries of

a United States military base or a military

base used primarily by the United States.

‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

apply with respect to stockpiles of defense

articles located in the Republic of Korea,

Thailand, any country that is a member of

the North Atlantic Treaty Organization, any

country that is a major non-NATO ally, or

any other country the President may designate. At least 15 days before designating a

country pursuant to the last clause of the

preceding sentence, the President shall notify the congressional committees specified

in section 634A(a) in accordance with the

procedures applicable to reprogramming notifications under that section.’’.

SEC. 3123. TRANSFER OF EXCESS DEFENSE ARTICLES.

(a) IN GENERAL.—Section 516 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321j) is

amended to read as follows:

‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.

‘‘(a) AUTHORIZATION.—The President is authorized to transfer excess defense articles

under this section to countries for which receipt of such articles was justified pursuant

to the annual congressional presentation

documents for military assistance programs,

or for programs under chapter 8 of part I of

this Act, submitted under section 634 of this

Act, or for which receipt of such articles was

separately justified, for the fiscal year in

which the transfer is authorized.

‘‘(b) LIMITATIONS ON TRANSFERS.—The

President may transfer excess defense articles under this section only if—

‘‘(1) such articles are drawn from existing

stocks of the Department of Defense;

‘‘(2) funds available to the Department of

Defense for the procurement of defense

equipment are not expended in connection

with the transfer;

‘‘(3) the transfer of such articles will not

have an adverse impact on the military readiness of the United States;

‘‘(4) with respect to a proposed transfer of

such articles on a grant basis, such a transfer is preferable to a transfer on a sales

basis, after taking into account the potential

proceeds from, and likelihood of, such sales,

and the comparative foreign policy benefits

that may accrue to the United States as the

result of a transfer on either a grant or sales

basis;

‘‘(5) the President determines that the

transfer of such articles will not have an adverse impact on the national technology and

industrial base, and particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell

new or used equipment to the countries to

which such articles are transferred; and

‘‘(6) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section

620C of this Act.

‘‘(c) TERMS OF TRANSFERS.—

‘‘(1) NO COST TO RECIPIENT COUNTRY.—Excess defense articles may be transferred

under this section without cost to the recipient country.

‘‘(2) PRIORITY.—Notwithstanding any other

provision of law, the delivery of excess defense articles under this section to member

countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO and to major nonNATO allies on such southern and southeastern flank shall be given priority to the maximum extent feasible over the delivery of

such excess defense articles to other countries.

‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DEPARTMENT OF DEFENSE EXPENSES.—Section 632(d) shall not apply with

respect to transfers of excess defense articles

(including transportation and related costs)

under this section.

‘‘(e) TRANSPORTATION AND RELATED

COSTS.—

‘‘(1) IN GENERAL.—Except as provided in

paragraph (2), funds available to the Department of Defense may not be expended for

crating, packing, handling, and transportation of excess defense articles transferred

under the authority of this section.

‘‘(2) EXCEPTION.—The President may provide for the transportation of excess defense

articles without charge to a country for the

costs of such transportation if—

‘‘(A) it is determined that it is in the national interest of the United States to do so;

‘‘(B) the recipient is a developing country

receiving less than $10,000,000 of assistance

under chapter 5 of part II of this Act (relating to international military education and

training) or section 23 of the Arms Export

Control Act (22 U.S.C. 2763; relating to the

Foreign Military Financing program) in the

fiscal year in which the transportation is

provided;

‘‘(C) the total weight of the transfer does

not exceed 25,000 pounds; and

‘‘(D) such transportation is accomplished

on a space available basis.

‘‘(f) ADVANCE NOTIFICATION TO CONGRESS

FOR TRANSFER OF CERTAIN EXCESS DEFENSE

ARTICLES.—

‘‘(1) IN GENERAL.—The President may not

transfer excess defense articles that are significant military equipment (as defined in

section 47(9) of the Arms Export Control Act)

or excess defense articles valued (in terms of

original acquisition cost) at $7,000,000 or

more, under this section or under the Arms

Export Control Act (22 U.S.C. 2751 et seq.)

until 15 days after the date on which the

President has provided notice of the proposed transfer to the congressional committees specified in section 634A(a) in accordance with procedures applicable to

reprogramming notifications under that section.

‘‘(2) CONTENTS.—Such notification shall include—

‘‘(A) a statement outlining the purposes

for which the article is being provided to the

country, including whether such article has

been previously provided to such country;

‘‘(B) an assessment of the impact of the

transfer on the military readiness of the

United States;

‘‘(C) an assessment of the impact of the

transfer on the national technology and industrial base, and particularly, the impact

on opportunities of entities in the national

technology and industrial base to sell new or

used equipment to the countries to which

such articles are to be transferred; and

‘‘(D) a statement describing the current

value of such article and the value of such

article at acquisition.

‘‘(g) AGGREGATE ANNUAL LIMITATION.—The

aggregate value of excess defense articles

transferred to countries under this section in

any fiscal year may not exceed $350,000,000.

‘‘(h) CONGRESSIONAL PRESENTATION DOCUMENTS.—Documents described in subsection

(a) justifying the transfer of excess defense

articles shall include an explanation of the

general purposes of providing excess defense

articles as well as a table which provides an

aggregate annual total of transfers of excess

defense articles in the preceding year by

country in terms of offers and actual deliveries and in terms of acquisition cost and

current value. Such table shall indicate

whether such excess defense articles were

provided on a grant or sale basis.

‘‘(i) EXCESS COAST GUARD PROPERTY.—For

purposes of this section, the term ‘excess defense articles’ shall be deemed to include excess property of the Coast Guard, and the

term ‘Department of Defense’ shall be

deemed, with respect to such excess property, to include the Coast Guard.’’.

(b) CONFORMING AMENDMENTS.—

(1) ARMS EXPORT CONTROL ACT.—Section

21(k) of the Arms Export Control Act (22

U.S.C. 2761(k)) is amended by striking ‘‘the

President shall’’ and all that follows and inserting the following: ‘‘the President shall

determine that the sale of such articles will

not have an adverse impact on the national

technology and industrial base, and particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to

the countries to which such articles are

transferred.’’.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5435

(2) REPEALS.—The following provisions of

law are hereby repealed:

(A) Section 502A of the Foreign Assistance

Act of 1961 (22 U.S.C. 2303).

(B) Sections 517 through 520 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321k

through 2321n).

(C) Section 31(d) of the Arms Export Control Act (22 U.S.C. 2771(d)).

SEC. 3124. NONLETHAL EXCESS DEFENSE ARTICLES FOR ALBANIA.

Notwithstanding section 516(e) of the Foreign Assistance Act of 1961, during each of

the fiscal years 1996 and 1997, funds available

to the Department of Defense may be expended for crating, packing, handling, and

transportation of nonlethal excess defense

articles transferred under the authority of

section 516 of such Act to Albania.

CHAPTER 2—INTERNATIONAL MILITARY

EDUCATION AND TRAINING

SEC. 3141. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated

$39,781,000 for each of the fiscal years 1996

and 1997 to carry out chapter 5 of part II of

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

2347 et seq.).

SEC. 3142. 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 be obligated for Indonesia

only for expanded military and education

training that meets the requirements of

clauses (i) through (iv) of the second sentence of section 541 of such Act (22 U.S.C.

2347).

SEC. 3143. ADDITIONAL REQUIREMENTS.

(a) GENERAL AUTHORITY.—Section 541 of

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

2347) is amended in the second sentence in

the matter preceding clause (i) by inserting

‘‘and individuals who are not members of the

government’’ after ‘‘legislators’’.

(b) TEST PILOT EXCHANGE TRAINING.—Section 544 of such Act (22 U.S.C. 2347c) is

amended—

(1) by striking ‘‘In carrying out this chapter’’ and inserting ‘‘(a) In carrying out this

chapter’’; and

(2) by adding at the end the following new

subsection:

‘‘(b) The President may provide for the attendance of foreign military and civilian defense personnel at test pilot flight schools in

the United States without charge, and without charge to funds available to carry out

this chapter (notwithstanding section 632(d)

of this Act), if such attendance is pursuant

to an agreement providing for the exchange

of students on a one-for-one basis each fiscal

year between those United States test pilot

flight schools and comparable flight test

pilot schools of foreign countries.’’.

(c) ASSISTANCE FOR CERTAIN FOREIGN COUNTRIES.—Chapter 5 of part II of such Act (22

U.S.C. 2347 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 546. ASSISTANCE FOR CERTAIN FOREIGN

COUNTRIES.

‘‘Of the amounts made available for a fiscal year for assistance under this chapter,

not more than $300,000 for such fiscal year

may be made available for assistance on a

grant basis for any high-income foreign

country for military education and training

of military and related civilian personnel of

such country if such country agrees to provide for the transportation and living allowances of such military and related civilian

personnel.’’.

CHAPTER 3—ANTITERRORISM

ASSISTANCE

SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to

be appropriated $20,000,000 for fiscal year 1996

and $25,000,000 for fiscal year 1997 to carry

out chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3152. ANTITERRORISM TRAINING ASSISTANCE.

(a) IN GENERAL.—Section 571 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2349aa) is

amended by striking ‘‘Subject to the provisions of this chapter’’ and inserting ‘‘Notwithstanding any other provision of law that

restricts assistance to foreign countries

(other than sections 502B and 620A of this

Act)’’.

(b) LIMITATIONS.—Section 573 of such Act

(22 U.S.C. 2349aa–2) is amended—

(1) in the heading, by striking ‘‘specific authorities and’’;

(2) by striking subsection (a);

(3) by redesignating subsections (b)

through (f) as subsections (a) through (e), respectively; and

(4) in subsection (c) (as redesignated)—

(A) by striking paragraphs (1) and (2);

(B) by redesignating paragraphs (3)

through (5) as paragraphs (1) through (3), respectively; and

(C) by amending paragraph (2) (as redesignated) to read as follows:

‘‘(2)(A) Except as provided in subparagraph

(B), funds made available to carry out this

chapter shall not be made available for the

procurement of weapons and ammunition.

‘‘(B) Subparagraph (A) shall not apply to

small arms and ammunition in categories I

and III of the United States Munitions List

that are integrally and directly related to

antiterrorism training provided under this

chapter if, at least 15 days before obligating

those funds, the President notifies the appropriate congressional committees specified in

section 634A of this Act in accordance with

the procedures applicable to reprogramming

notifications under such section.

‘‘(C) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year may not exceed 25 percent of the

funds made available to carry out this chapter for that fiscal year.’’.

(c) ANNUAL REPORT.—Section 574 of such

Act (22 U.S.C. 2349aa–3) is hereby repealed.

(d) TECHNICAL CORRECTIONS.—Section 575

(22 U.S.C. 2349aa–4) and section 576 (22 U.S.C.

2349aa–5) of such Act are redesignated as sections 574 and 575, respectively.

SEC. 3153. RESEARCH AND DEVELOPMENT EXPENSES.

Funds made available for fiscal years 1996

and 1997 to carry out chapter 8 of part II of

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

2349aa et seq.; relating to antiterrorism assistance) may be made available to the Technical Support Working Group of the Department of State for research and development

expenses related to contraband detection

technologies or for field demonstrations of

such technologies (whether such field demonstrations take place in the United States

or outside the United States).

CHAPTER 4—NARCOTICS CONTROL

ASSISTANCE

SEC. 3161. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to

be appropriated $213,000,000 for each of the

fiscal years 1996 and 1997 to carry out chapter

8 of part I of the Foreign Assistance Act of

1961 (22 U.S.C. 2291 et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3162. ADDITIONAL REQUIREMENTS.

(a) POLICY AND GENERAL AUTHORITIES.—

Section 481(a) of the Foreign Assistance Act

(22 U.S.C. 2291(a)) is amended—

(1) in paragraph (1)—

(A) by redesignating subparagraphs (D)

through (F) as subparagraphs (E) through

(G), respectively; and

(B) by inserting after subparagraph (C) the

following new subparagraph:

‘‘(D) International criminal activities, particularly international narcotics trafficking,

money laundering, and corruption, endanger

political and economic stability and democratic development, and assistance for the

prevention and suppression of international

criminal activities should be a priority for

the United States.’’; and

(2) in paragraph (4), by adding before the

period at the end the following: ‘‘, or for

other related anticrime purposes’’.

(b) CONTRIBUTIONS AND REIMBURSEMENT.—

Section 482(c) of that Act (22 U.S.C. 2291a(c))

is amended—

(1) by striking ‘‘CONTRIBUTION BY RECIPIENT

COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS AND REIMBURSEMENT.—(1) To’’; and

(2) by adding at the end the following new

paragraphs:

‘‘(2)(A) The President is authorized to accept contributions from other foreign governments to carry out the purposes of this

chapter. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used

under the same terms and conditions as

funds appropriated pursuant to this chapter.

‘‘(B) At the time of submission of the annual congressional presentation documents

required by section 634(a), the President

shall provide a detailed report on any contributions received in the preceding fiscal

year, the amount of such contributions, and

the purposes for which such contributions

were used.

‘‘(3) The President is authorized to provide

assistance under this chapter on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used

under the same terms and conditions as

funds appropriated pursuant to this chapter.’’.

(c) IMPLEMENTATION OF LAW ENFORCEMENT

ASSISTANCE.—Section 482 of such Act (22

U.S.C. 2291a) is amended by adding at the end

the following new subsections:

‘‘(f) TREATMENT OF FUNDS.—Funds transferred to and consolidated with funds appropriated pursuant to this chapter may be

made available on such terms and conditions

as are applicable to funds appropriated pursuant to this chapter. Funds so transferred

or consolidated shall be apportioned directly

to the bureau within the Department of

State responsible for administering this

chapter.

‘‘(g) EXCESS PROPERTY.—For purposes of

this chapter, the Secretary of State may use

the authority of section 608, without regard

to the restrictions of such section, to receive

nonlethal excess property from any agency

of the United States Government for the purpose of providing such property to a foreign

government under the same terms and conditions as funds authorized to be appropriated

for the purposes of this chapter.’’.

(d) REPORTING REQUIREMENTS.—(1) Section

489 of such Act (22 U.S.C. 2291h) is amended—

(A) in the section heading, by striking ‘‘for

fiscal year 1995’’;

(B) by striking ‘‘(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.—’’; and

(C) by striking subsections (b) and (c).

(2) Section 489A of such Act (22 U.S.C.

2291i) is hereby repealed.

(e) CERTIFICATION REQUIREMENTS.—(1) Section 490 of such Act (22 U.S.C. 2291j) is

amended—
H 5436 CONGRESSIONAL RECORD — HOUSE May 23, 1995

(A) in the section heading by striking ‘‘for

fiscal year 1995’’; and

(B) by striking subsection (i).

(2) Section 490A of such Act (22 U.S.C.

2291k) is hereby repealed.

SEC. 3163. NOTIFICATION REQUIREMENT.

(a) IN GENERAL.—The authority of section

1003(d) of the National Narcotics Control

Leadership Act of 1988 (21 U.S.C. 1502(d)) may

be exercised with respect to funds authorized

to be appropriated pursuant to the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.)

and with respect to the personnel of the Department of State only to the extent that

the appropriate congressional committees

have been notified 15 days in advance in accordance with the reprogramming procedures applicable under section 634A of that

Act (22 U.S.C. 2394).

(b) DEFINITION.—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.

SEC. 3164. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE.

For each of the fiscal years 1996 and 1997,

narcotics-related assistance under part I of

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

2151 et seq.) may be provided notwithstanding any other provision of law that restricts

assistance to foreign countries (other than

section 490(e) or section 502B of that Act (22

U.S.C. 2291j(e) and 2304)) if, at least 15 days

before obligating funds for such assistance,

the President notifies the appropriate congressional committees (as defined in section

481(e) of that Act (22 U.S.C. 2291(e))) in accordance with the procedures applicable to

reprogramming notifications under section

634A of that Act (22 U.S.C. 2394).

CHAPTER 5—NONPROLIFERATION AND

DISARMAMENT FUND

SEC. 3171. NONPROLIFERATION AND DISARMAMENT FUND.

(a) IN GENERAL.—There are authorized to

be appropriated $25,000,000 for each of the fiscal years 1996 and 1997 to carry out bilateral

and multilateral nonproliferation and disarmament activities for the independent states

of the former Soviet Union, countries other

than the independent states of the former

Soviet Union, and international organizations under section 504 of the Freedom for

Russia and Emerging Eurasian Democracies

and Open Markets Support Act of 1992 (22

U.S.C. 5854).

(b) SUPERSEDES OTHER LAWS.—Funds made

available for fiscal years 1996 and 1997 under

the authority of section 504 of the Freedom

for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992

(22 U.S.C. 5854) may be used notwithstanding

any other provision of law.

(c) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

CHAPTER 6—OTHER PROVISIONS

SEC. 3181. STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES FOR

ARMS TRANSFERS.

(a) THIRD COUNTRY TRANSFERS UNDER FMS

SALES.—Section 3(d)(2) of the Arms Export

Control Act (22 U.S.C. 2753(d)(2)) is amended—

(1) in subparagraph (A), by striking ‘‘, as

provided for in sections 36(b)(2) and 36(b)(3) of

this Act’’;

(2) in subparagraph (B), by striking ‘‘law’’

and inserting ‘‘joint resolution’’; and

(3) by adding at the end the following:

‘‘(C) If the President states in his certification under subparagraph (A) or (B) that an

emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States, thus waiving

the requirements of that subparagraph, the

President shall set forth in the certification

a detailed justification for his determination, including a description of the emergency circumstances which necessitate immediate consent to the transfer and a discussion of the national security interests involved.

‘‘(D)(i) Any joint resolution under this

paragraph shall be considered in the Senate

in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export Control Act of 1976.

‘‘(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint

resolution after it has been reported by the

appropriate committee shall be treated as

highly privileged in the House of Representatives.’’.

(b) THIRD COUNTRY TRANSFERS UNDER COMMERCIAL SALES.—Section 3(d)(3) of such Act

(22 U.S.C. 2753(d)(3)) is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

(2) in the first sentence—

(A) by striking ‘‘at least 30 calendar days’’;

and

(B) by striking ‘‘report’’ and inserting

‘‘certification’’; and

(3) by striking the last sentence and inserting the following: ‘‘Such certification shall

be submitted—

‘‘(i) at least 15 calendar days before such

consent is given in the case of a transfer to

a country which is a member of the North

Atlantic Treaty Organization or Australia,

Japan, or New Zealand; and

‘‘(ii) at least 30 calendar days before such

consent is given in the case of a transfer to

any other country,

unless the President states in his certification that an emergency exists which requires that consent to the proposed transfer

become effective immediately in the national security interests of the United

States. If the President states in his certification that such an emergency exists (thus

waiving the requirements of clause (i) or (ii),

as the case may be, and of subparagraph (B))

the President shall set forth in the certification a detailed justification for his determination, including a description of the

emergency circumstances which necessitate

that consent to the proposed transfer become

effective immediately and a discussion of the

national security interests involved.

‘‘(B) Consent to a transfer subject to subparagraph (A) shall become effective after

the end of the 15-day or 30-day period specified in subparagraph (A)(i) or (ii), as the case

may be, only if the Congress does not enact,

within that period, a joint resolution prohibiting the proposed transfer.

‘‘(C)(i) Any joint resolution under this

paragraph shall be considered in the Senate

in accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export Control Act of 1976.

‘‘(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this paragraph, a motion to proceed to the consideration of any such joint

resolution after it has been reported by the

appropriate committee shall be treated as

highly privileged in the House of Representatives.’’.

(c) COMMERCIAL SALES.—Section 36(c)(2) of

such Act (22 U.S.C. 2753(c)(2)) is amended by

amending subparagraphs (A) and (B) to read

as follows:

‘‘(A) in the case of a license for an export

to the North Atlantic Treaty Organization,

any member country of that Organization or

Australia, Japan, or New Zealand, shall not

be issued until at least 15 calendar days after

the Congress receives such certification, and

shall not be issued then if the Congress,

within that 15-day period, enacts a joint resolution prohibiting the proposed export; and

‘‘(B) in the case of any other license, shall

not be issued until at least 30 calendar days

after the Congress receives such certification, and shall not be issued then if the

Congress, within that 30-day period, enacts a

joint resolution prohibiting the proposed export.’’.

(d) COMMERCIAL MANUFACTURING AGREEMENTS.—Section 36(d) of such Act (22 U.S.C.

2753(d)) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

(2) by striking ‘‘for or in a country not a

member of the North Atlantic Treaty Organization’’; and

(3) by adding at the end the following:

‘‘(2) A certification under this subsection

shall be submitted—

‘‘(A) at least 15 days before approval is

given in the case of an agreement for or in a

country which is a member of the North Atlantic Treaty Organization or Australia,

Japan, or New Zealand; and

‘‘(B) at least 30 days before approval is

given in the case of an agreement for or in

any other country;

unless the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of

the United States.

‘‘(3) If the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of

the United States, thus waiving the requirements of paragraph (4), he shall set forth in

the certification a detailed justification for

his determination, including a description of

the emergency circumstances which necessitate the immediate approval of the agreement and a discussion of the national security interests involved.

‘‘(4) Approval for an agreement subject to

paragraph (1) may not be given under section

38 if the Congress, within the 15-day or 30-

day period specified in paragraph (2)(A) or

(B), as the case may be, enacts a joint resolution prohibiting such approval.

‘‘(5)(A) Any joint resolution under paragraph (4) shall be considered in the Senate in

accordance with the provisions of section

601(b) of the International Security Assistance and Arms Export Control Act of 1976.

‘‘(B) For the purpose of expediting the consideration and enactment of joint resolutions under paragraph (4), a motion to proceed to the consideration of any such joint

resolution after it has been reported by the

appropriate committee shall be treated as

highly privileged in the House of Representatives.’’.

(e) GOVERNMENT-TO-GOVERNMENT LEASES.—

(1) CONGRESSIONAL REVIEW PERIOD.—Section 62 of such Act (22 U.S.C. 2796a) is amended—

(A) in subsection (a), by striking ‘‘Not less

than 30 days before’’ and inserting ‘‘Before’’;

(B) in subsection (b)—

(i) by striking ‘‘determines, and immediately reports to the Congress’’ and inserting ‘‘states in his certification’’; and

(ii) by adding at the end of the subsection

the following: ‘‘If the President states in his

certification that such an emergency exists,

he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate that the lease

be entered into immediately and a discussion

of the national security interests involved.’’;

and
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5437

(C) by adding at the end of the section the

following:

‘‘(c) The certification required by subsection (a) shall be transmitted—

‘‘(1) not less than 15 calendar days before

the agreement is entered into or renewed in

the case of an agreement with the North Atlantic Treaty Organization, any member

country of that Organization or Australia,

Japan, or New Zealand; and

‘‘(2) not less than 30 calendar days before

the agreement is entered into or renewed in

the case of an agreement with any other organization or country.’’.

(2) CONGRESSIONAL DISAPPROVAL.—Section

63(a) of such Act (22 U.S.C. 2796b(a)) is

amended—

(A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;

(B) by striking out the ‘‘30 calendar days

after receiving the certification with respect

to that proposed agreement pursuant to section 62(a),’’ and inserting in lieu thereof ‘‘the

15-day or 30-day period specified in section

62(c) (1) or (2), as the case may be,’’; and

(C) by striking paragraph (2).

(f) EFFECTIVE DATE.—The amendments

made by this section apply with respect to

certifications required to be submitted on or

after the date of the enactment of this Act.

SEC. 3182. STANDARDIZATION OF THIRD COUNTRY TRANSFERS OF DEFENSE ARTICLES.

Section 3 of the Arms Export Control Act

(22 U.S.C. 2753) is amended by inserting after

subsection (a) the following new subsection:

‘‘(b) The consent of the President under

paragraph (2) of subsection (a) or under paragraph (1) of section 505(a) of the Foreign Assistance Act of 1961 (as it relates to subparagraph (B) of such paragraph) shall not be required for the transfer by a foreign country

or international organization of defense articles sold by the United States under this Act

if—

‘‘(1) such articles constitute components

incorporated into foreign defense articles;

‘‘(2) the recipient is the government of a

member country of the North Atlantic Treaty Organization, the Government of Australia, the Government of Japan, or the Government of New Zealand;

‘‘(3) the United States-origin components

are not—

‘‘(A) significant military equipment (as defined in section 47(9));

‘‘(B) defense articles for which notification

to Congress is required under section 36(b);

and

‘‘(C) identified by regulation as Missile

Technology Control Regime items; and

‘‘(4) the foreign country or international

organization provides notification of the

transfer of the defense articles to the United

States Government not later than 30 days

after the date of such transfer.’’.

SEC. 3183. INCREASED STANDARDIZATION, RATIONALIZATION, AND INTEROPERABILITY OF ASSISTANCE AND SALES

PROGRAMS.

Paragraph (6) of section 515(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2321i(a)(6)) is amended by striking ‘‘among

members of the North Atlantic Treaty Organization and with the Armed Forces of

Japan, Australia, and New Zealand’’.

SEC. 3184. REPEAL OF PRICE AND AVAILABILITY

REPORTING REQUIREMENT RELATING TO PROPOSED SALE OF DEFENSE ARTICLES AND SERVICES.

(a) IN GENERAL.—Section 28 of the Arms

Export Control Act (22 U.S.C. 2768) is hereby

repealed.

(b) CONFORMING AMENDMENT.—Section 36(b)

of such Act (22 U.S.C. 2776(b)) is amended by

striking paragraph (4) of such section.

SEC. 3185. DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT.

Section 47 of the Arms Export Control Act

(22 U.S.C. 2794) is amended—

(1) in paragraph (7), by striking ‘‘and’’ at

the end;

(2) in paragraph (8), by striking the period

at the end and inserting ‘‘; and’’; and

(3) by adding at the end the following new

paragraph:

‘‘(9) ‘significant military equipment’

means articles—

‘‘(A) for which special export controls are

warranted because of the capacity of such articles for substantial military utility or capability; and

‘‘(B) identified on the United States Munitions List.’’.

SEC. 3186. REQUIREMENTS RELATING TO THE

SPECIAL DEFENSE ACQUISITION

FUND.

(a) ELIMINATION OF ANNUAL REPORT.—

(1) IN GENERAL.—Section 53 of the Arms Export Control Act (22 U.S.C. 2795b) is hereby

repealed.

(2) CONFORMING AMENDMENT.—Section

51(a)(4) of such Act (22 U.S.C. 2795(a)(4)) is

amended—

(A) by striking ‘‘(a)’’; and

(B) by striking subparagraph (B).

(b) RETURN OF CERTAIN AMOUNTS IN FUND

TO THE TREASURY.—During fiscal year 1996

the President shall return $6,281,000 to the

miscellaneous receipts account of the Treasury from collections into the Special Defense

Acquisition Fund pursuant to section 51(b) of

the Arms Export Control Act in addition to

the amount of such collections to be returned for such fiscal year as indicated in

the President’s budget of the United States

Government for fiscal year 1996.

SEC. 3187. COST OF LEASED DEFENSE ARTICLES

THAT HAVE BEEN LOST OR DESTROYED.

Section 61(a)(4) of the Arms Export Control

Act (22 U.S.C. 2796(a)(4)) is amended by striking ‘‘and the replacement cost’’ and all that

follows and inserting the following: ‘‘and, if

the articles are lost or destroyed while

leased—

‘‘(A) in the event the United States intends

to replace the articles lost or destroyed, the

replacement cost (less any depreciation in

the value) of the articles; or

‘‘(B) in the event the United States does

not intend to replace the articles lost or destroyed, an amount not less than the actual

value (less any depreciation in the value)

specified in the lease agreement.’’.

SEC. 3188. DESIGNATION OF MAJOR NON-NATO

ALLIES.

(a) DESIGNATION.—

(1) NOTICE TO CONGRESS.—Chapter 2 of part

II of the Foreign Assistance Act of 1961 (22

U.S.C. 2311 et seq.), as amended by this Act,

is further amended by adding at the end the

following new section:

‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO

ALLIES.

‘‘(a) NOTICE TO CONGRESS.—The President

shall notify the Congress in writing at least

30 days before—

‘‘(1) designating a country as a major nonNATO ally for purposes of this Act and the

Arms Export Control Act (22 U.S.C. 2751 et

seq.); or

‘‘(2) terminating such a designation.

‘‘(b) INITIAL DESIGNATIONS.—Australia,

Egypt, Israel, Japan, the Republic of Korea,

and New Zealand shall be deemed to have

been so designated by the President as of the

effective date of this section, and the President is not required to notify the Congress of

such designation of those countries.’’.

(2) DEFINITION.—Section 644 of such Act (22

U.S.C. 2403) is amended by adding at the end

the following:

‘‘(q) ‘Major non-NATO ally’ means a country which is designated in accordance with

section 517 as a major non-NATO ally for

purposes of this Act and the Arms Export

Control Act (22 U.S.C. 2751 et seq.).’’.

(3) EXISTING DEFINITIONS.—(A) The last sentence of section 21(g) of the Arms Export

Control Act (22 U.S.C. 2761(g)) is repealed.

(B) Section 65(d) of such Act is amended—

(i) by striking ‘‘or major non-NATO’’; and

(ii) by striking out ‘‘or a’’ and all that follows through ‘‘Code’’.

(b) COOPERATIVE TRAINING AGREEMENTS.—

Section 21(g) of the Arms Export Control Act

(22 U.S.C. 2761(g)) is amended in the first sentence by striking ‘‘similar agreements’’ and

all that follows through ‘‘other countries’’

and inserting ‘‘similar agreements with

countries’’.

SEC. 3189. CERTIFICATION THRESHOLDS.

(a) INCREASE IN DOLLAR THRESHOLDS.—The

Arms Export Control Act (22 U.S.C. 2751 et

seq.) is amended—

(1) in section 3(d) (22 U.S.C. 2753(d))—

(A) in paragraphs (1) and (3), by striking

‘‘$14,000,000’’ each place it appears and inserting ‘‘$25,000,000’’; and

(B) in paragraphs (1) and (3), by striking

‘‘$50,000,000’’ each place it appears and inserting ‘‘$75,000,000’’;

(2) in section 36 (22 U.S.C. 2776)—

(A) in subsections (b)(1), (b)(5)(C), and

(c)(1), by striking ‘‘$14,000,000’’ each place it

appears and inserting ‘‘$25,000,000’’;

(B) in subsections (b)(1), (b)(5)(C), and

(c)(1), by striking ‘‘$50,000,000’’ each place it

appears and inserting ‘‘$75,000,000’’; and

(C) in subsections (b)(1) and (b)(5)(C), by

striking ‘‘$200,000,000’’ each place it appears

and inserting ‘‘$300,000,000’’; and

(3) in section 63(a) (22 U.S.C. 2796b(a))—

(A) by striking ‘‘$14,000,000’’ and inserting

‘‘$25,000,000’’; and

(B) by striking ‘‘$50,000,000’’ and inserting

‘‘$75,000,000’’.

(b) EFFECTIVE DATE.—The amendments

made by subsection (a) apply with respect to

certifications submitted on or after the date

of the enactment of this Act.

SEC. 3190. COMPETITIVE PRICING FOR SALES OF

DEFENSE ARTICLES AND SERVICES.

(a) COSTING BASIS.—Section 22 of the Arms

Export Control Act (22 U.S.C. 2762) is amended by adding at the end the following:

‘‘(d) COMPETITIVE PRICING.—Procurement

contracts made in implementation of sales

under this section for defense articles and

defense services wholly paid from funds

made available on a nonrepayable basis shall

be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal,

and other costing elements, as is applicable

to procurements of like items purchased by

the Department of Defense for its own use.’’.

(b) EFFECTIVE DATE AND IMPLEMENTING

REGULATIONS.—Section 22(d) of the Arms Export Control Act, as added by subsection

(a)—

(1) shall take effect on the 60th day following the date of the enactment of this Act;

(2) shall be applicable only to contracts

made in implementation of sales made after

such effective date; and

(3) shall be implemented by revised procurement regulations, which shall be issued

prior to such effective date.

SEC. 3191. DEPLETED URANIUM AMMUNITION.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 620H. DEPLETED URANIUM AMMUNITION.

‘‘(a) PROHIBITION.—Except as provided in

subsection (b), none of the funds made available to carry out this Act or any other Act

may be made available to facilitate in any

way the sale of M–833 antitank shells or any

comparable antitank shells containing a depleted uranium penetrating component to

any country other than—

‘‘(1) a country that is a member of the

North Atlantic Treaty Organization;
H 5438 CONGRESSIONAL RECORD — HOUSE May 23, 1995

‘‘(2) a country that has been designated as

a major non-NATO ally (as defined in section

644(q)); or

‘‘(3) Taiwan.

‘‘(b) EXCEPTION.—The prohibition contained in subsection (a) shall not apply with

respect to the use of funds to facilitate the

sale of antitank shells to a country if the

President determines that to do so is in the

national security interest of the United

States.’’.

SEC. 3192. END-USE MONITORING OF DEFENSE

ARTICLES AND DEFENSE SERVICES.

(a) IN GENERAL.—The Arms Export Control

Act (22 U.S.C.2751 et seq.) is amended by inserting after chapter 3 the following new

chapter:

‘‘CHAPTER 3A—END-USE MONITORING OF

DEFENSE ARTICLES AND DEFENSE

SERVICES

‘‘SEC. 40A. END-USE MONITORING OF DEFENSE

ARTICLES AND DEFENSE SERVICES.

‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—

‘‘(1) IN GENERAL.—In order to improve accountability with respect to defense articles

and defense services sold, leased, or exported

under this Act or the Foreign Assistance Act

of 1961 (22 U.S.C. 2151 et seq.), the Secretary

of State shall establish a program which provides for the end-use monitoring of such articles and services.

‘‘(2) REQUIREMENTS OF PROGRAM.—To the

extent practicable, such program—

‘‘(A) shall provide for the end-use monitoring of defense articles and defense services in

accordance with the standards that apply for

identifying high-risk exports for regular enduse verification developed under section

38(g)(7) of this Act (commonly referred to as

the ‘Blue Lantern’ program); and

‘‘(B) shall be designed to provide reasonable assurance that—

‘‘(i) the recipient is complying with the requirements imposed by the United States

Government with respect to use, transfers,

and security of defense articles and defense

services; and

‘‘(ii) such articles and services are being

used for the purposes for which they are provided.

‘‘(b) CONDUCT OF PROGRAM.—In carrying

out the program established under subsection (a), the Secretary shall ensure that

the program—

‘‘(1) provides for the end-use verification of

defense articles and defense services that incorporate sensitive technology, defense articles and defense services that are particularly vulnerable to diversion or other misuse, or defense articles or defense services

whose diversion or other misuse could have

significant consequences; and

‘‘(2) prevents the diversion (through reverse engineering or other means) of technology incorporated in defense articles.

‘‘(c) MONITORING RESPONSIBILITIES.—

‘‘(1) IN GENERAL.—Pursuant to subsection

(a), sections 3 and 38 of this Act, and sections

505, 622, and 623 of the Foreign Assistance

Act of 1961, the Secretary of State, in consultation with the Secretary of Defense and

officials of appropriate other Federal agencies, shall provide for the monitoring of defense articles and defense services described

in subsection (a).

‘‘(2) ADDITIONAL PERSONNEL.—Upon the request of the Secretary of State, the Secretary of Defense or the Secretary of the

Treasury, as the case may be, shall provide

to the agency primarily responsible for the

licensing of exports under this section, on a

nonreimbursable basis, personnel with appropriate expertise to assist in the end-use monitoring and enforcement functions under this

section and section 38 of this Act.

‘‘(d) REPORT TO CONGRESS.—Not later than

6 months after the date of the enactment of

the Foreign Aid Reduction Act of 1995, and

annually thereafter as a part of the annual

congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961, the President shall

transmit to the Congress a report describing

the actions taken to implement this section.

‘‘(e) THIRD COUNTRY TRANSFERS.—For purposes of this section, defense articles and defense services sold, leased, or exported under

this Act or the Foreign Assistance Act of

1961 (22 U.S.C. 2151 et seq.) includes defense

articles and defense services that are transferred to a third country or other third

party.’’.

(b) EFFECTIVE DATES.—Section 40A of the

Arms Export Control Act, as added by subsection (a), applies with respect to defense

articles and defense services provided before

or after the date of the enactment of this

Act.

SEC. 3193. BROKERING ACTIVITIES RELATING TO

COMMERCIAL SALES OF DEFENSE

ARTICLES AND SERVICES.

(a) IN GENERAL.—Section 38(b)(1)(A) of the

Arms Export Control Act (22 U.S.C.

2778(b)(1)(A)) is amended—

(1) in the first sentence, by striking ‘‘As

prescribed in regulations’’ and inserting ‘‘(i)

As prescribed in regulations’’; and

(2) by adding at the end the following new

clause:

‘‘(ii)(I) As prescribed in regulations issued

under this section, every person (other than

an officer or employee of the United States

Government acting in official capacity) who

engages in the business of brokering activities with respect to the manufacture, export,

import, or transfer of any defense article or

defense service designated by the President

under subsection (a)(1), or in the business of

brokering activities with respect to the manufacture, export, import, or transfer of any

foreign defense article or defense service (as

defined in subclause (IV)), shall register with

the United States Government agency

charged with the administration of this section, and shall pay a registration fee which

shall be prescribed by such regulations.

‘‘(II) Such brokering activities shall include the financing, transportation, freight

forwarding, or the taking of any other action

that facilitates the manufacture, export, or

import of a defense article or defense service.

‘‘(III) No person may engage in the business of brokering activities without a license, issued in accordance with this Act, except that no license shall be required for

such activities undertaken by or for an agency of the United States Government—

‘‘(aa) for official use by an agency of the

United States Government; or

‘‘(bb) for carrying out any foreign assistance or sales program authorized by law and

subject to the control of the President by

other means.

‘‘(IV) For purposes of this clause, the term

‘foreign defense article or defense service’ includes any non-United States defense article

or defense service of a nature described on

the United States Munitions List regardless

of whether such article or service is of United States origin or whether such article or

service contains United States origin components.’’.

(b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii)

of the Arms Export Control Act, as added by

subsection (a), shall apply with respect to

brokering activities engaged in on or after

the date of the enactment of this Act.

TITLE XXXII—ECONOMIC ASSISTANCE

CHAPTER 1—ECONOMIC SUPPORT

ASSISTANCE

SEC. 3201. ECONOMIC SUPPORT FUND.

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 $2,356,378,000 for fiscal

year 1996 and $2,283,478,000 for fiscal year

1997.’’.

SEC. 3202. ASSISTANCE FOR ISRAEL.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under chapter 4 of part II of

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

2346 et seq.; relating to the economic support

fund), not less than $1,200,000,000 for each

such fiscal year shall be available only for

Israel.

(b) TERMS OF ASSISTANCE.—

(1) CASH TRANSFER.—The total amount of

funds allocated for Israel for each fiscal year

under subsection (a) shall be made available

on a grant basis as a cash transfer.

(2) EXPEDITED DISBURSEMENT.—Such funds

shall be disbursed—

(A) with respect to fiscal year 1996, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, or by October 31, 1995, whichever is later; and

(B) with respect to fiscal year 1997, not

later than 30 days after the date of the enactment of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, or by October 31, 1996, whichever is later.

(3) ADDITIONAL REQUIREMENT.—In exercising the authority of this subsection, the

President shall ensure that the amount of

funds provided as a cash transfer to Israel

does not cause an adverse impact on the

total level of nonmilitary exports from the

United States to Israel.

SEC. 3203. ASSISTANCE FOR EGYPT.

(a) MINIMUM ALLOCATION.—Of the amounts

made available for fiscal years 1996 and 1997

for assistance under chapter 4 of part II of

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

2346 et seq.; relating to the economic support

fund), not less than $815,000,000 for each such

fiscal year shall be available only for Egypt.

(b) ADDITIONAL REQUIREMENT.—In exercising the authority of this section, the President shall ensure that the amount of funds

provided as a cash transfer to Egypt does not

cause an adverse impact on the total level of

nonmilitary exports from the United States

to Egypt.

SEC. 3204. INTERNATIONAL FUND FOR IRELAND.

(a) FUNDING.—

(1) IN GENERAL.—Of the amounts made

available for fiscal years 1996 and 1997 for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

not more than $29,600,000 for fiscal year 1996

and not more than $19,600,000 for fiscal year

1997 shall be available for the United States

contribution to the International Fund for

Ireland in accordance with the Anglo-Irish

Agreement Support Act of 1986 (Public Law

99–415).

(2) AVAILABILITY.—Amounts made available under paragraph (1) are authorized to

remain available until expended.

(b) ADDITIONAL REQUIREMENTS.—

(1) PURPOSES.—Section 2(b) of the AngloIrish Agreement Support Act of 1986 (Public

Law 99-415; 100 Stat. 947) is amended by adding at the end the following new sentences:

‘‘United States contributions shall be used in

a manner that effectively increases employment opportunities in communities with

rates of unemployment significantly higher

than the local or urban average of unemployment in Northern Ireland. In addition, such

contributions shall be used to benefit individuals residing in such communities.’’.

(2) CONDITIONS AND UNDERSTANDINGS.—Section 5(a) of such Act is amended—
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5439

(A) in the first sentence—

(i) by striking ‘‘The United States’’ and inserting the following:

‘‘(1) IN GENERAL.—The United States’’;

(ii) by striking ‘‘in this Act may be used’’

and inserting the following: ‘‘in this Act—

‘‘(A) may be used’’;

(iii) by striking the period and inserting ‘‘;

and’’; and

(iv) by adding at the end the following:

‘‘(B) may be provided to an individual or

entity in Northern Ireland only if such individual or entity is in compliance with the

principles of economic justice.’’; and

(B) in the second sentence, by striking

‘‘The restrictions’’ and inserting the following:

‘‘(2) ADDITIONAL REQUIREMENTS.—The restrictions’’.

(3) PRIOR CERTIFICATIONS.—Section 5(c)(2)

of such Act is amended—

(A) in subparagraph (A), by striking ‘‘principle of equality’’ and all that follows and inserting ‘‘principles of economic justice;

and’’; and

(B) in subparagraph (B), by inserting before

the period at the end the following: ‘‘and will

create employment opportunities in regions

and communities of Northern Ireland suffering the highest rates of unemployment’’.

(4) ANNUAL REPORTS.—Section 6 of such Act

is amended—

(A) in paragraph (2), by striking ‘‘and’’ at

the end;

(B) in paragraph (3), by striking the period

and inserting ‘‘; and’’; and

(C) by adding at the end the following new

paragraph:

‘‘(4) each individual or entity receiving assistance from United States contributions to

the International Fund has agreed in writing

to comply with the principles of economic

justice.’’.

(5) DEFINITIONS.—Section 8 of such Act is

amended—

(A) in paragraph (1), by striking ‘‘and’’ at

the end;

(B) in paragraph (2), by striking the period

at the end and inserting a semicolon; and

(C) by adding at the end the following new

paragraphs:

‘‘(3) the term ‘Northern Ireland’ includes

the counties of Antrim, Armagh, Derry,

Down, Tyrone, and Fermanagh; and

‘‘(4) the term ‘principles of economic justice’ means the following principles:

‘‘(A) Increasing the representation of individuals from underrepresented religious

groups in the workforce, including managerial, supervisory, administrative, clerical,

and technical jobs.

‘‘(B) Providing adequate security for the

protection of minority employees at the

workplace.

‘‘(C) Banning provocative sectarian or political emblems from the workplace.

‘‘(D) Providing that all job openings be advertised publicly and providing that special

recruitment efforts be made to attract applicants from underrepresented religious

groups.

‘‘(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group.

‘‘(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the

basis of religion.

‘‘(G) Providing for the development of

training programs that will prepare substantial numbers of minority employees for

skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the

skills of minority employees.

‘‘(H) Establishing procedures to assess,

identify, and actively recruit minority employees with the potential for further advancement.

‘‘(I) Providing for the appointment of a

senior management staff member to be responsible for the employment efforts of the

entity and, within a reasonable period of

time, the implementation of the principles

described in subparagraphs (A) through

(H).’’.

(6) EFFECTIVE DATE.—The amendments

made by this subsection shall take effect 180

days after the date of the enactment of this

Act.

SEC. 3205. LAW ENFORCEMENT ASSISTANCE.

(a) IN GENERAL.—Of the amounts made

available for fiscal years 1996 and 1997 for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

not more than $12,000,000 for each such fiscal

year shall be available for law enforcement

assistance under chapter 8 of part I of such

Act (22 U.S.C. 2291 et seq.).

(b) AVAILABILITY.—Amounts made available under subsection (a) are authorized to

remain available until expended.

CHAPTER 2—ASSISTANCE FOR PRIVATE

SECTOR PROGRAMS AND ACTIVITIES

SEC. 3211. PRIVATE SECTOR ENTERPRISE FUNDS.

The Foreign Assistance Act of 1961 (22

U.S.C. 2151 et seq.) is amended by inserting

after section 601 the following new section:

‘‘SEC. 601A. PRIVATE SECTOR ENTERPRISE

FUNDS.

‘‘(a) AUTHORITY.—(1) The President may

provide funds and support to Enterprise

Funds designated in accordance with subsection (b) that are or have been established

for the purposes of promoting—

‘‘(A) development of the private sectors of

eligible countries, including small businesses, the agricultural sector, and joint

ventures with United States and host country participants; and

‘‘(B) policies and practices conducive to

private sector development in eligible countries;

on the same basis as funds and support may

be provided with respect to Enterprise Funds

for Poland and Hungary under the Support

for East European Democracy (SEED) Act of

1989 (22 U.S.C. 5401 et seq.).

‘‘(2) Funds may be made available under

this section notwithstanding any other provision of law.

‘‘(b) COUNTRIES ELIGIBLE FOR ENTERPRISE

FUNDS.—(1) Except as provided in paragraph

(2), the President is authorized to designate

a private, nonprofit organization as eligible

to receive funds and support pursuant to this

section with respect to any country eligible

to receive assistance under part I of this Act

in the same manner and with the same limitations as set forth in section 201(d) of the

Support for East European Democracy

(SEED) Act of 1989 (22 U.S.C. 5421(d)).

‘‘(2) The authority of paragraph (1) shall

not apply to any country with respect to

which the President is authorized to designate an enterprise fund under section

498B(c) or section 498C of this Act or section

201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421).

‘‘(c) TREATMENT EQUIVALENT TO ENTERPRISE FUNDS FOR POLAND AND HUNGARY.—Except as otherwise specifically provided in

this section, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421)

(excluding the authorizations of appropriations provided in subsection (b) of that section) shall apply to any Enterprise Fund

that receives funds and support under this

section. The officers, members, or employees

of an Enterprise Fund that receive funds and

support under this section shall enjoy the

same status under law that is applicable to

officers, members, or employees of the Enterprise Funds for Poland and Hungary under

section 201 of the Support for East European

Democracy (SEED) Act of 1989 (22 U.S.C.

5421).

‘‘(d) REPORTING REQUIREMENT.—Notwithstanding any other provision of this section,

the requirement of section 201(p) of the Support for East European Democracy (SEED)

Act of 1989 (22 U.S.C. 5421(p)), that an Enterprise Fund shall be required to publish an

annual report not later than January 31 each

year, shall not apply with respect to an Enterprise Fund that receives funds and support under this section for the first twelve

months after it is designated as eligible to

receive such funds and support.

‘‘(e) FUNDING.—

‘‘(1) IN GENERAL.—Amounts made available

for a fiscal year to carry out chapter 1 of

part I of this Act (relating to development

assistance) and to carry out chapter 4 of part

II of this Act (relating to the economic support fund) shall be available for such fiscal

year to carry out this section, in addition to

amounts otherwise available for such purposes.

‘‘(2) AFRICAN DEVELOPMENT.—In addition to

amounts available under paragraph (1) for a

fiscal year, amounts made available for such

fiscal year to carry out chapter 10 of part I

of this Act (relating to the Development

Fund for Africa) shall be available for such

fiscal year to carry out this section with respect to countries in Africa.’’.

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

(a) IN GENERAL.—Section 108 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151f) is

amended to read as follows:

‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

‘‘(a) FINDINGS AND POLICY.—The Congress

finds and declares that—

‘‘(1) the development of micro- and small

enterprise, including cooperatives, is a vital

factor in the stable growth of developing

countries and in the development and stability of a free, open, and equitable international economic system;

‘‘(2) it is, therefore, in the best interests of

the United States to assist the development

of the private sector in developing countries

and to engage the United States private sector in that process;

‘‘(3) the support of private enterprise can

be served by programs providing credit,

training, and technical assistance for the

benefit of micro- and small enterprises; and

‘‘(4) programs that provide credit, training,

and technical assistance to private institutions can serve as a valuable complement to

grant assistance provided for the purpose of

benefiting micro- and small private enterprise.

‘‘(b) PROGRAM.—To carry out the policy set

forth in subsection (a), the President is authorized to provide assistance to increase the

availability of credit to micro- and small enterprises lacking full access to credit, including through—

‘‘(1) loans and guarantees to credit institutions for the purpose of expanding the availability of credit to micro- and small enterprises;

‘‘(2) training programs for lenders in order

to enable them to better meet the credit

needs of micro- and small entrepreneurs; and

‘‘(3) training programs for micro- and

small entrepreneurs in order to enable them

to make better use of credit and to better

manage their enterprises.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—(A) There is authorized to

be appropriated to carry out section 108 of

the Foreign Assistance Act of 1961, in addition to funds otherwise available for such
H 5440 CONGRESSIONAL RECORD — HOUSE May 23, 1995

purposes, $2,000,000 for each of the fiscal

years 1996 and 1997. Funds authorized to be

appropriated under this subsection shall be

made available for the subsidy cost, as defined in section 502(5) of the Federal Credit

Reform Act of 1990, for activities under section 108 of the Foreign Assistance Act of

1961.

(B) In addition, there are authorized to be

appropriated $500,000 for each of the fiscal

years 1996 and 1997 for the cost of training

programs and administrative expenses to

carry out such section.

(2) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under paragraph (1) are authorized to remain available

until expended.

SEC. 3213. MICROENTERPRISE DEVELOPMENT

GRANT ASSISTANCE.

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 129. MICROENTERPRISE DEVELOPMENT

GRANT ASSISTANCE.

‘‘(a) AUTHORIZATION.—(1) In carrying out

this part, the administrator of the agency

primarily responsible for administering this

part is authorized to provide grant assistance for programs of credit and other assistance for microenterprises in developing

countries.

‘‘(2) Assistance authorized under paragraph

(1) shall be provided through the following

organizations that have a capacity to develop and implement microenterprise programs:

‘‘(A) United States and indigenous private

and voluntary organizations.

‘‘(B) United States and indigenous credit

unions and cooperative organizations.

‘‘(C) Other indigenous governmental and

nongovernmental organizations.

‘‘(3) Approximately 50 percent of assistance

authorized under paragraph (1) shall be used

for poverty lending programs which—

‘‘(A) meet the needs of the very poor members of society, particularly poor women; and

‘‘(B) provide loans of $300 or less in 1995

United States dollars to such poor members

of society.

‘‘(4) The administrator of the agency primarily responsible for administering this

part shall strengthen appropriate mechanisms, including mechanisms for central

microenterprise programs, for the purpose

of—

‘‘(A) providing technical support for field

missions;

‘‘(B) strengthening the institutional development of the intermediary organizations

described in paragraph (2); and

‘‘(C) sharing information relating to the

provision of assistance authorized under

paragraph (1) between such field missions

and intermediary organizations.

‘‘(b) MONITORING SYSTEM.—In order to

maximize the sustainable development impact of the assistance authorized under subsection (a)(1), the administrator of the agency primarily responsible for administering

this part shall establish a monitoring system

that—

‘‘(1) establishes performance goals for such

assistance and expresses such goals in an objective and quantifiable form, to the extent

feasible;

‘‘(2) establishes performance indicators to

be used in measuring or assessing the

achievement of the goals and objectives of

such assistance; and

‘‘(3) provides a basis for recommendations

for adjustments to such assistance to enhance the sustainable development impact of

such assistance, particularly the impact of

such assistance on the very poor, particularly poor women.’’.

CHAPTER 3—DEVELOPMENT ASSISTANCE

Subchapter A—Development Assistance

Authorities

SEC. 3221. AUTHORIZATIONS OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to

be appropriated the following amounts for

the following purposes (in addition to

amounts otherwise available for such purposes):

(1) DEVELOPMENT ASSISTANCE FUND.—

$858,000,000 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).

(2) DEVELOPMENT FUND FOR AFRICA.—

$629,214,000 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.).

(3) ASSISTANCE FOR THE INDEPENDENT

STATES OF THE FORMER SOVIET UNION.—

$643,000,000 for fiscal year 1996 and $650,000,000

for fiscal year 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.)

and other related programs.

(4) ASSISTANCE FOR EAST EUROPEAN COUNTRIES.—$325,000,000 for fiscal year 1996 and

$275,000,000 for fiscal year 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 (22 U.S.C. 5401 et seq.).

(5) INTER-AMERICAN FOUNDATION.—

$20,000,000 for fiscal year 1996 and $10,000,000

for fiscal year 1997 to carry out section 401 of

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

290f).

(6) AFRICAN DEVELOPMENT FOUNDATION.—

$10,000,000 for fiscal year 1996 and $5,000,000

for fiscal year 1997 to carry out the African

Development Foundation Act (22 U.S.C. 290h

et seq.).

(b) AVAILABILITY OF AMOUNTS.—Amounts

authorized to be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3222. CHILD SURVIVAL ACTIVITIES, VITAMIN

A DEFICIENCY PROGRAM, AND RELATED ACTIVITIES.

(a) CHILD SURVIVAL ACTIVITIES.—

(1) IN GENERAL.—(A) Of the amounts made

available to carry out the provisions of law

described in paragraph (2) for fiscal years

1996 and 1997, not less than $280,000,000 for

each such fiscal year shall be made available

only for activities which have a direct measurable impact on rates of child morbidity

and mortality, with a particular emphasis on

delivery of community-based primary health

care and health education services which

benefit the poorest of the poor.

(B) Of the amounts made available under

subparagraph (A) for a fiscal year, not less

than $30,000,000 for such fiscal year shall be

provided to private and voluntary organizations under the PVO Child Survival grants

program carried out by the agency primarily

responsible for administering part I of the

Foreign Assistance Act of 1961.

(2) PROVISIONS OF LAW.—The provisions of

law described in this paragraph are the following:

(A) Sections 103 through 106 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151a

through 2151d; relating to the development

assistance fund).

(B) Chapter 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2293 et seq.; relating to the Development Fund for Africa).

(C) Chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund).

(D) The ‘‘Multilateral Assistance Initiative

for the Philippines’’ program.

(3) SPECIAL RULE.—Amounts made available under sections 103 through 106 of the

Foreign Assistance Act of 1961 for the Vitamin A Deficiency Program, part I of such

Act for iodine and iron fortification programs and for iron supplementation programs for pregnant women, chapter 9 of part

I of such Act for international disaster assistance, section 104(c) of such Act for international AIDS prevention and control, and

any other provision of law for migration and

refugee assistance, shall not be included in

the aggregate amounts described in paragraph (1) for purposes of the requirements

contained in such paragraph.

(b) VITAMIN A DEFICIENCY PROGRAM AND

RELATED ACTIVITIES.—Of the amounts made

available to carry out sections 103 through

106 of the Foreign Assistance Act of 1961 (22

U.S.C. 2151a through 2151d) for fiscal years

1996 and 1997, not less than $25,000,000 for

each such fiscal year shall be made available

for the Vitamin A Deficiency Program and

for activities relating to iodine deficiency

and other micronutrients.

(c) UNDP/WHO TROPICAL DISEASE PROGRAM.—Of the amounts made available to

carry out section 103 through 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a

through 2151d) for fiscal years 1996 and 1997,

not less than $15,000,000 for each such fiscal

year shall be made available for the United

Nations Development Program/World Health

Organization Special Program for Research

and Training in Tropical Diseases.

SEC. 3223. ASSISTANCE FOR FAMILY PLANNING.

(a) RESTRICTION ON USE OF FUNDS FOR VOLUNTARY POPULATION PLANNING.—Section

104(b) of the Foreign Assistance Act of 1961

(22 U.S.C. 2151b(b)) is amended by inserting

after the first sentence the following new

sentence: ‘‘Such assistance shall be available

only for voluntary family planning projects

which offer, either directly or through referral to, or information about access to, a

broad range of family planning methods and

services.’’

(b) PROHIBITION ON USE OF FUNDS FOR VOLUNTARY POPULATION PLANNING TO ORGANIZATIONS OR PROGRAMS SUPPORTING OR PARTICIPATING IN THE MANAGEMENT OF ABORTION OR

INVOLUNTARY STERILIZATION PROGRAMS.—

Section 104(b) of such Act (22 U.S.C. 2151b(b)),

as amended by subsection (a), is further

amended—

(1) in the first sentence, by striking ‘‘In

order to’’ and inserting ‘‘(1) In order to’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2) None of the funds made available to

carry out this subsection may be made available to any organization or program which,

as determined by the President, supports or

participates in the management of a program of coercive abortion or involuntary

sterilization.’’.

(c) PROHIBITION ON DISCRIMINATION WITH

RESPECT TO GRANTS FOR NATURAL FAMILY

PLANNING.—Section 104(b) of such Act (22

U.S.C. 2151b(b)), as amended by subsections

(a) and (b), is further amended by adding at

the end the following new paragraph:

‘‘(3) In providing grants for natural family

planning under this subsection, the administrator of the agency primarily responsible

for administering this part shall not discriminate against applicants because of any

religious or conscientious commitment by

such applicants to offer only natural family

planning services.’’.

(d) CLARIFICATION WITH RESPECT TO PROHIBITION ON USE OF FUNDS FOR ABORTIONS.—

Section 104(f)(1) of such Act (22 U.S.C.

2151b(f)(1)) is amended—

(1) by striking ‘‘None of the funds’’ and inserting ‘‘(A) None of the funds’’; and

(2) by adding at the end the following new

subparagraph:
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5441

‘‘(B) For purposes of this paragraph, the

term ‘motivate’ shall not be construed to

prohibit the provision, consistent with local

law, of information and counseling concerning all pregnancy options, including abortion.’’.

SEC. 3224. ASSISTANCE FOR THE INDEPENDENT

STATES OF THE FORMER SOVIET

UNION.

(a) CONDITIONS ON ASSISTANCE.—Section

498A(b) of the Foreign Assistance Act of 1961

(22 U.S.C. 2295a(b)) is amended—

(1) in paragraph (4), by striking ‘‘or’’ at the

end;

(2) by redesignating paragraph (5) as paragraph (10); and

(3) by inserting after paragraph (4) the following new paragraphs:

‘‘(5) for the Government of Russia, unless

the President certifies to the Congress that

such Government—

‘‘(A) is pursuing, without preconditions, an

immediate and permanent ceasefire, and is

pursuing a negotiated settlement to the conflict in the Russian Federation Republic of

Chechnya;

‘‘(B) is taking steps to provide unhindered

access to the region of Chechnya and surrounding areas of the Russian Federation by

elected officials of the Russian Federation

and by independent Russian media;

‘‘(C) is cooperating with the Organization

for Security and Cooperation in Europe and

other appropriate international organizations in undertaking steps to investigate and

prosecute any and all individuals, including

members of the Russian armed forces and internal security agencies, who may be responsible for atrocities, war crimes, or crimes

against humanity in the region of Chechnya;

‘‘(D) is cooperating with the Assistance

Group of the Organization on Security and

Cooperation in Europe established in

Chechnya in fulfilling that mission’s mandate;

‘‘(E) is cooperating in assuring the

unhindered delivery of humanitarian assistance to the civilian population in Chechnya;

‘‘(F) has made the fullest possible accounting of all persons currently detained by Russian military or security forces as a result of

the conflict in Chechnya and has allowed access to those individuals by the International Committee of the Red Cross;

‘‘(G) is taking steps to repatriate refugees

and displaced persons wishing to return to

Chechnya; and

‘‘(H) is taking steps to hold free and fair

elections in Chechnya, based on the principles of the Organization on Security and

Cooperation in Europe and conducted in the

presence of foreign and domestic observers;

except that this paragraph shall not apply to

the provision of such assistance for purposes

of humanitarian, disaster, and refugee relief

or assisting democratic political reform and

rule of law activities, provision of technical

assistance for safety upgrade of civilian nuclear power plants, and assisting in the creation of private sector and nongovernmental

organizations that are independent of government ownership and control;

‘‘(6) for the government of any independent

state that has agreed to provide nuclear reactor components to Iran, unless the President determines that the sale of such components to Iran includes safeguards that are

consistent with the national security objectives of the United States and the concerns

of the United States with respect to nonproliferation of nuclear weapons technology,

except that this paragraph shall not apply to

the provision of such of assistance for purposes of—

‘‘(A) humanitarian, disaster, and refugee

relief; or

‘‘(B) assisting democratic political reform,

rule of law activities, and the creation of private sector and nongovernmental organizations that are independent of government

ownership and control;

‘‘(7) for the government of any independent

state that the President determines directs

any action in violation of the territorial integrity or national sovereignty of any other

new independent state, except that this paragraph shall not apply to the provision of

such assistance for purposes of—

‘‘(A) humanitarian, disaster, and refugee

relief; or

‘‘(B) assisting democratic political reform,

rule of law activities, and the creation of private sector and nongovernmental organizations that are independent of government

ownership and control;

‘‘(8) for the purpose of enhancing the military capability of any independent state, except that this paragraph shall not apply to

demilitarization, defense conversion or nonproliferation programs, or programs to support troop withdrawal including through the

support of an officer resettlement program,

and technical assistance for the housing sector;

‘‘(9) for the Government of Russia if the

President determines that Government—

‘‘(A) is not making progress in implementing comprehensive economic reforms based

on market principles, including fostering

private ownership, the repayment of commercial debt, the respect of commercial contracts, the equitable treatment of foreign

private investment; or

‘‘(B) applies or transfers assistance provided under this chapter to any entity for

the purpose of expropriating or seizing ownership or control of assets, investments, or

ventures; or’’.

(b) ASSISTANCE THROUGH THE PRIVATE SECTOR.—Section 498B(a) of such Act (22 U.S.C.

2295b(a)) is amended to read as follows:

‘‘(a) ASSISTANCE THROUGH THE PRIVATE

SECTOR.—Assistance under this chapter shall

be provided, to the maximum extent feasible,

through the private sector, including private

and voluntary organizations and other nongovernmental organizations functioning in

the independent states of the former Soviet

Union.’’.

(c) WAIVER OF CERTAIN PROVISIONS.—Section 498B(j)(1) of such Act (22 U.S.C.

2295b(j)(1)) is amended in the matter preceding subparagraph (A)—

(1) by striking ‘‘for fiscal year 1993 by this

chapter’’ and inserting ‘‘to carry out this

chapter’’; and

(2) by striking ‘‘appropriated for fiscal year

1993’’.

SEC. 3225. DEVELOPMENT FUND FOR LATIN

AMERICA AND THE CARIBBEAN.

Part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.) is amended by adding

at the end the following new chapter:

‘‘CHAPTER 12—DEVELOPMENT FUND FOR

LATIN AMERICA AND THE CARIBBEAN

‘‘SEC. 499. STATEMENT OF POLICY.

‘‘The Congress declares the following:

‘‘(1) The historic, economic, political, and

geographic relationships among the countries of the Western Hemisphere are unique

and of continuing special significance.

‘‘(2) Following the historic Summit of the

Americas and the passage of the North

American Free Trade Agreement, the countries of the Western Hemisphere have moved

steadfastly toward economic and political

integration.

‘‘(3) The interests of the countries of the

Western Hemisphere are more interrelated

than ever, and sound economic, social, and

democratic progress in each of the countries

continues to be of importance to all countries, and lack of it in any country may have

serious repercussions in others.

‘‘(4) For the peoples of Latin America and

the Caribbean to progress within the framework of social justice, respect for human

rights, political democracy, and market-oriented economies, there is a compelling need

for the achievement of social and economic

advancement and the consolidation of political democracy and the rule of law adequate

to meet the legitimate aspirations of the individual citizens of the countries of Latin

America and the Caribbean for a better way

of life.

‘‘(5) The prosperity, security, and wellbeing of the United States is linked directly

to peace, prosperity, and democracy in Latin

America and the Caribbean.

‘‘(6) Democratic values are dominant

throughout Latin America and the Caribbean region and nearly all governments in

such region have come to power through

democratic elections.

‘‘(7) Nonetheless, existing democratic governments and their supporting institutions

remain fragile and face critical challenges,

including, in particular, the consolidation of

civilian control of such governments and institutions, including control of the military,

the consolidation or establishment of independent judicial institutions and of the rule

of law, and where appropriate, the decentralization of government.

‘‘(8) In adherence to free market principles,

it is essential to promote economic growth

with equity—enlarging employment and decisionmaking opportunities and the provision of basic social services for traditionally

marginalized groups, such as indigenous minorities, women, and the poor—and to protect and promote workers rights.

‘‘(9) By supporting the purposes and objectives of sustainable development and applying such purposes and objectives to Latin

America and the Caribbean, the Development Fund for Latin America and the Caribbean can advance the national interests of

the United States and can directly improve

the lives of the poor, encourage broad-based

economic growth while protecting the environment, build human capital and knowledge, support participation in democracy,

and promote peace and justice in Latin

America and the Caribbean.

‘‘SEC. 499A. AUTHORIZATION OF ASSISTANCE.

‘‘(a) IN GENERAL.—The President is authorized to provide assistance for Latin America

and the Caribbean to promote democracy,

sustainable development, and economic

growth in Latin America and the Caribbean.

‘‘(b) TERMS AND CONDITIONS.—Assistance

under this chapter shall be provided on such

terms and conditions as the President may

determine.

‘‘SEC. 499B. AVAILABILITY OF AMOUNTS.

‘‘(a) IN GENERAL.—Of the amounts made

available to carry out the provisions of law

described in subsection (b) for fiscal year 1996

and for each succeeding fiscal year, not less

than an amount requested by the President

and approved by the Congress in appropriations Acts shall be made available to carry

out this chapter.

‘‘(b) PROVISIONS OF LAW.—The provisions of

law described in this subsection are the following:

‘‘(1) Sections 103 through 106 of this Act

(relating to the development assistance

fund).

‘‘(2) Chapter 8 of this part (relating to

international narcotics control).

‘‘(3) Chapter 4 of part II of this Act (relating to the economic support fund).

‘‘(4) Chapter 5 of part II of this Act (relating to international military education and

training).

‘‘(5) Titles II and III of the Agricultural

Trade Development and Assistance Act of

1954.

‘‘(6) The ‘Foreign Military Financing Program’ under section 23 of the Arms Export

Control Act (22 U.S.C. 2763).
H 5442 CONGRESSIONAL RECORD — HOUSE May 23, 1995

‘‘(c) AVAILABILITY.—Amounts made available under this section are authorized to remain available until expended.’’.

SEC. 3226. EFFECTIVENESS OF UNITED STATES

DEVELOPMENT ASSISTANCE.

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 130. EFFECTIVENESS OF UNITED STATES

DEVELOPMENT ASSISTANCE.

‘‘(a) REPORTS.—Not later than December

31, 1996, and December 31 of each third year

thereafter, the President shall transmit to

the Congress a report which analyzes, on a

country-by-country basis, the impact and effectiveness of the United States development

assistance provided during the preceding

three fiscal years. Each report shall include

the following for each recipient country:

‘‘(1) An analysis of the impact of United

States development assistance during the

preceding three fiscal years on development

in that country, with a discussion of the

United States interests that were served by

the assistance. Such analysis shall be done

on a sector-by-sector basis to the extent possible and shall identify any economic policy

reforms which were promoted by the assistance. Such analysis shall—

‘‘(A) include a description, quantified to

the extent practicable, of the specific objectives the United States sought to achieve in

providing development assistance for that

country; and

‘‘(B) specify the extent to which those objectives were not achieved, with an explanation of why they were not achieved.

‘‘(2) A description of the amount and nature of development assistance provided by

other donors during the preceding three fiscal years, set forth by development sector to

the extent possible.

‘‘(3) A discussion of the commitment of the

host government to addressing the country’s

needs in each development sector, including

a description of the resources devoted by

that government to each development sector

during the preceding three fiscal years.

‘‘(4) A description of the trends, both favorable and unfavorable, in each development

sector.

‘‘(5) Statistical and other information necessary to evaluate the impact and effectiveness of United States development assistance

on development in the country.

‘‘(b) LISTING OF MOST AND LEAST SUCCESSFUL ASSISTANCE PROGRAMS.—Each report required by this section shall identify—

‘‘(1) those five countries in which United

States development assistance has been most

successful; and

‘‘(2) those five countries in which United

States development assistance has been least

successful.

For each country listed pursuant to paragraph (2), the report shall explain why the

assistance was not more successful and shall

specify what the United States has done as a

result.

‘‘(c) REPORT TO BE A SEPARATE DOCUMENT.—Each report required by this section

shall be submitted to the Congress as a separate document.

‘‘(d) DEFINITION.—As used in this section,

the terms ‘United States development assistance’ and ‘development assistance’ means assistance under this chapter.’’.

SEC. 3227. FUNDING FOR PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES.

(a) IN GENERAL.—For each of the fiscal

years 1996 and 1997, the President shall allocate an aggregate amount to private and voluntary organizations and cooperatives 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 which,

at a minimum, is equal to the aggregate

amount allocated to such organizations and

cooperatives under such Acts for fiscal year

1994.

(b) DEFINITION.—For purposes of this section, the term ‘‘private and voluntary organization’’ means a private nongovernmental

organization which—

(1) is organized under the laws of a country;

(2) receives funds from private sources;

(3) operates on a not-for-profit basis with

appropriate tax-exempt status if the laws of

the country grant such status to not-forprofit organizations;

(4) is voluntary in that it receives voluntary contributions of money, time, or inkind support from the public; and

(5) is engaged or intends to be engaged in

voluntary, charitable, development, or humanitarian assistance activities.

SEC. 3228. SENSE OF THE CONGRESS RELATING

TO UNITED STATES COOPERATIVES

AND CREDIT UNIONS.

It is the sense of the Congress that—

(1) United States cooperatives and credit

unions can provide an opportunity for people

in developing countries to participate directly in democratic decisionmaking for

their economic and social benefit through

ownership and control of business enterprises and through the mobilization of local

capital and savings; and

(2) such organizations should be utilized in

fostering democracy, free markets, community-based development, and self-help

projects.

Subchapter B—Operating Expenses

SEC. 3231. OPERATING EXPENSES GENERALLY.

Section 667(a)(1) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2427(a)(1)) is amended to

read as follows:

‘‘(1) $465,774,000 for fiscal year 1996 and

$419,196,000 for fiscal year 1997 for necessary

operating expenses of the agency primarily

responsible for administering part I of this

Act (other than the office of the inspector

general of such agency); and’’.

SEC. 3232. OPERATING EXPENSES OF THE OFFICE

OF THE INSPECTOR GENERAL.

Section 667(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2427(a)), as amended by

this Act, is further amended—

(1) by redesignating paragraph (2) as paragraph (3);

(2) by striking ‘‘and’’ at the end of paragraph (1); and

(3) by inserting after paragraph (1) the following:

‘‘(2) $35,206,000 for fiscal year 1996 and

$31,685,000 for fiscal year 1997 for necessary

operating expenses of the office of the inspector general of such agency; and’’.

CHAPTER 4—PUBLIC LAW 480

SEC. 3241. LEVELS OF ASSISTANCE FOR TITLE II.

Section 204(a) of the Agricultural Trade

Development and Assistance Act of 1954 (7

U.S.C. 1724(a)) is amended—

(1) in paragraph (1)(E), by striking ‘‘for fiscal year 1995’’ and inserting ‘‘for each of the

fiscal years 1995 through 1997’’; and

(2) in paragraph (2)(E), by striking ‘‘for fiscal year 1995’’ and inserting ‘‘for each of the

fiscal years 1995 through 1997’’.

SEC. 3242. AUTHORIZATION OF APPROPRIATIONS

FOR TITLE III.

No funds are authorized to be appropriated

for either 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.).

CHAPTER 5—HOUSING GUARANTEE

PROGRAM

SEC. 3251. AUTHORIZATION OF APPROPRIATIONS

FOR ADMINISTRATIVE EXPENSES.

(a) IN GENERAL.—(1) Subject to paragraph

(2), there are authorized to be appropriated

$7,000,000 for fiscal year 1996 and $6,000,000 for

fiscal year 1997 for administrative expenses

to carry out guaranteed loan programs under

sections 221 and 222 of the Foreign Assistance Act of 1961 (22 U.S.C. 2181 and 2182).

(2) Amounts authorized to be appropriated

under paragraph (1) may be made available

only for—

(A) administrative expenses incurred with

respect to guaranties issued before the date

of the enactment of this Act; or

(B) expenses incurred with respect to activities related to the collection of amounts

paid by the United States in the discharge of

liabilities under guaranties issued under section 222 of the Foreign Assistance Act of 1961

(22 U.S.C. 2182).

(b) AVAILABILITY.—Amounts authorized to

be appropriated under subsection (a) are authorized to remain available until expended.

SEC. 3252. ADDITIONAL REQUIREMENTS.

(a) EXPIRATION OF AUTHORITY.—Section

222(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2182(a)) is amended by striking the

third sentence and inserting the following:

‘‘No guaranties may be issued under this section on or after the date of the enactment of

the Foreign Aid Reduction Act of 1995.’’.

(b) CANCELLATION OF CERTAIN EXISTING

GUARANTIES.—Section 222 of such Act (22

U.S.C. 2182) is amended—

(1) by redesignating subsection (k) as subsection (d); and

(2) by adding at the end the following new

subsection:

‘‘(e) The President shall cancel all guaranties issued under this section with respect to

which eligible investors have not (before the

date of the enactment of the Foreign Aid Reduction Act of 1995) applied such guaranties

to loans for projects under this title.’’.

(c) PROHIBITION ON ASSISTANCE FOR ENTITIES IN DEFAULT AND CERTAIN OTHER ENTITIES.—Section 620 of such Act (22 U.S.C. 2370)

is amended by inserting after subsection (u)

the following new subsection:

‘‘(v)(1) Subject to paragraph (2), no assistance shall be furnished under this Act to any

entity that—

‘‘(A) fails to make timely payments on

loans with respect to which guaranties have

been issued under title III of chapter 2 of

part I of this Act (relating to housing and

other credit guaranty programs); or

‘‘(B) causes amounts (including amounts

for administrative expenses) to be paid by

the United States in the discharge of liabilities under guaranties issued under such

title, unless such entity has reimbursed the

United States for such amounts.

‘‘(2) The President may waive the prohibition in paragraph (1) with respect to an entity if the President determines that it is in

the national interest of the United States to

furnish assistance under this Act to such entity.’’.

CHAPTER 6—PEACE CORPS

SEC. 3261. PEACE CORPS.

Section 3(b) of the Peace Corps Act (22

U.S.C. 2502(b)) is amended to read as follows:

‘‘(b)(1) There are authorized to be appropriated to carry out the purposes of this Act

$219,745,000 for each of the fiscal years 1996

and 1997.

‘‘(2) Amounts authorized to be appropriated under paragraph (1)—

(1) with respect to fiscal year 1996 are authorized to remain available until September

30, 1997; and

(2) with respect to fiscal year 1997 are authorized to remain available until September

30, 1998.’’.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5443

SEC. 3262. ACTIVITIES OF THE PEACE CORPS IN

THE FORMER SOVIET UNION.

(a) IN GENERAL.—Of the amounts made

available for fiscal years 1996 and 1997 to

carry out chapter 11 of part I of the Foreign

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

relating to assistance for the independent

states of the former Soviet Union), not more

than $11,600,000 for each such fiscal year shall

be available for activities of the Peace Corps

in the independent states of the former Soviet Union (as defined in section 3 of the

Freedom for Russia and Emerging Eurasian

Democracies and Open Markets Support Act

of 1992).

(b) AVAILABILITY.—Amounts made available under subsection (a)—

(1) with respect to fiscal year 1996 are authorized to remain available until September

30, 1997; and

(2) with respect to fiscal year 1997 are authorized to remain available until September

30, 1998.

SEC. 3263. PROHIBITION ON USE OF FUNDS FOR

ABORTIONS.

Section 15 of the Peace Corps Act (22

U.S.C. 2514) is amended by adding at the end

the following new subsection:

‘‘(e) Funds made available for the purposes

of this Act may not be used to pay for abortions.’’.

CHAPTER 7—INTERNATIONAL DISASTER

ASSISTANCE

SEC. 3271. AUTHORITY TO PROVIDE RECONSTRUCTION ASSISTANCE.

Section 491 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2292) is amended—

(1) in subsection (b), by striking ‘‘and rehabilitation’’ and inserting ‘‘, rehabilitation,

and reconstruction’’; and

(2) in subsection (c), by striking ‘‘and rehabilitation’’ and inserting ‘‘, rehabilitation,

and reconstruction’’.

SEC. 3272. AUTHORIZATIONS OF APPROPRIATIONS.

Section 492(a) of such Act (22 U.S.C.

2292a(a)) is amended to read as follows:

‘‘(a) There are authorized to be appropriated to the President to carry out section

491, in addition to funds otherwise available

for such purposes, $200,000,000 for each of the

fiscal years 1996 and 1997.’’.

CHAPTER 8—OTHER PROVISIONS

SEC. 3281. EXEMPTION FROM RESTRICTIONS ON

ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.

Section 123(e) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151u(e)) is amended to

read as follows:

‘‘(e)(1) Subject to paragraph (3), restrictions contained in this Act or any other provision of law with respect to assistance for a

country shall not be construed to restrict assistance under this chapter, chapter 10, or

chapter 11 of this part in support of programs of nongovernmental organizations.

‘‘(2) The President shall take into consideration, in any case in which a restriction on

assistance for a country would be applicable

but for this subsection, whether assistance

for programs of nongovernmental organizations is in the national interest of the United

States.

‘‘(3) Whenever the authority of this subsection is used to furnish assistance for a

program of a nongovernmental organization,

the President shall notify the congressional

committees specified in section 634A(a) of

this Act in accordance with procedures applicable to reprogramming notifications under

that section. Such notification shall describe

the program assisted, the assistance provided, and the reasons for furnishing such assistance.’’.

SEC. 3282. FUNDING REQUIREMENTS RELATING

TO UNITED STATES PRIVATE AND

VOLUNTARY ORGANIZATIONS.

(a) IN GENERAL.—Section 123(g) of the Foreign Assistance Act of 1961 (22 U.S.C.

2151u(g)) is amended to read as follows:

‘‘(g) Funds made available to carry out

this chapter or chapter 10 of this part may

not be made available to any United States

private and voluntary organization, except

any cooperative development organization,

that obtains less than 20 percent of its total

annual financial support for its international

activities from sources other than the United States Government.’’.

(b) EFFECTIVE DATE.—The amendment

made by subsection (a) applies with respect

to funds made available for programs of any

United States private and voluntary organization on or after the date of the enactment

of this Act.

SEC. 3283. DOCUMENTATION REQUESTED OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

Section 620 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2370), as amended by this

Act, is further amended by inserting after

subsection (v) (as added by this Act) the following new subsection:

‘‘(w) None of the funds made available to

carry out this Act shall be available to any

private and voluntary organization which—

‘‘(1) fails to provide upon timely request

any document, file, or record necessary to

the auditing requirements of the agency primarily responsible for administering part I

of this Act; or

‘‘(2) is not registered with the agency primarily responsible for administering part I

of this Act.’’.

SEC. 3284. FOREIGN GOVERNMENT PARKING

FINES.

(a) IN GENERAL.—Chapter 1 of part III of

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

2351 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

‘‘SEC. 620I. FOREIGN GOVERNMENT PARKING

FINES.

‘‘(a) IN GENERAL.—An amount equivalent

to 110 percent of the total unpaid fully adjudicated parking fines and penalties owed to

the District of Columbia, Virginia, Maryland, and New York by the government of a

foreign country as of the end of a fiscal year,

as certified to the President by the chief executive officer of each State or District,

shall be withheld from obligation for such

country out of funds available in the next

fiscal year to carry out part I of this Act,

until the requirement of subsection (b) is

satisfied.

‘‘(b) REQUIREMENT.—The requirement of

this subsection is satisfied when the Secretary of State determines and certifies to

the appropriate congressional committees

that such fines and penalties are fully paid

to the governments of the District of Columbia, Virginia, Maryland, and New York.

‘‘(c) 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.’’.

(b) EFFECTIVE DATE.—The amendment

made by subsection (a) shall apply with respect to fines certified as of the end of fiscal

year 1995 or any fiscal year thereafter.

SEC. 3285. HUMAN RIGHTS REPORTS.

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

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

2151n) is amended—

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

the end;

(2) by redesignating paragraph (3) as paragraph (5); and

(3) by inserting after paragraph (2) the following new paragraphs:

‘‘(3) the votes of each member of the United Nations Commission on Human Rights on

all country-specific and thematic resolutions

voted on at the Commission’s annual session

during the period covered during the preceding year;

‘‘(4) the extent to which each country has

extended protection to refugees, including

the provision of first asylum and resettlement; and’’.

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

of such Act (22 U.S.C. 2304(b)) is amended by

adding after the second sentence the following new sentence: ‘‘Each report under this

section shall list the votes of each member of

the United Nations Commission on Human

Rights on all country-specific and thematic

resolutions voted on at the Commission’s annual session during the period covered during the preceding year.’’.

SEC. 3286. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE

FUNDS.

Chapter 3 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2401 et seq.) is

amended by adding at the end the following:

‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE

FUNDS.

‘‘(a) REQUIREMENT TO DEOBLIGATE.—

‘‘(1) IN GENERAL.—Except as provided in

subsection (b) of this section and in paragraphs (1) and (3) of section 617(a) of this Act,

at the beginning of each fiscal year the

President shall deobligate and return to the

Treasury, any funds described in paragraph

(2) that, as of the end of the preceding fiscal

year, have been obligated for a project or activity for a period of more than 3 years but

have not been expended.

‘‘(2) FUNDS.—Paragraph (1) applies to funds

made available for—

‘‘(A) assistance under chapter 1 of part I of

this Act (relating to development assistance), chapter 10 of part I of this Act (relating to the Development Fund for Africa), or

chapter 4 of part II of this Act (relating to

the economic support fund);

‘‘(B) assistance under the ‘Multilateral Assistance Initiative for the Philippines’;

‘‘(C) assistance under the Support for East

European Democracy (SEED) Act of 1989; and

‘‘(D) economic assistance for the independent states of the former Soviet Union under

this Act or under any other Act authorizing

economic assistance for such independent

states.

‘‘(b) EXCEPTIONS.—The President, on a

case-by-case basis, may waive the requirement of subsection (a)(1) if the President determines, and reports to the appropriate congressional committees, that—

‘‘(1) the funds are being used for a construction project that requires more than 3

years to complete; or

‘‘(2) the funds have not been expended because of unforeseen circumstances, and those

circumstances could not have been reasonably foreseen.

‘‘(c) COMMENTS BY INSPECTOR GENERAL.—As

soon as possible after the submission of a report pursuant to subsection (b), the Inspector General of the agency primarily responsible for administering part I of this Act

shall submit to the appropriate congressional committees such comments as the Inspector General considers appropriate with

regard to the determination described in

that report.

‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—As used in this section, the term ‘appropriate congressional committees’ means

the Committee on International Relations

and the Committee on Appropriations of the
H 5444 CONGRESSIONAL RECORD — HOUSE May 23, 1995

House of Representatives and the Committee

on Foreign Relations and the Committee on

Appropriations of the Senate.’’.

TITLE XXXIII—REGIONAL PROVISIONS

SEC. 3301. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS PROVIDING ASSISTANCE TO CUBA.

(a) IN GENERAL.—Section 620 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2370), as

amended by this Act, is further amended by

adding at the end the following new subsection:

‘‘(y)(1) No assistance may be provided

under this Act (other than humanitarian assistance and assistance for refugees) for a fiscal year to any foreign government that the

President determines has provided economic

assistance to or engaged in nonmarket-based

trade with the Government of Cuba or any

entity controlled by such Government in the

preceding fiscal year.

‘‘(2) The President may waive the requirements of paragraph (1) if—

‘‘(A) the President certifies to the congressional committees specified in section 634A

of this Act (in accordance with procedures

applicable to reprogramming of funds under

that section) that the provision of such assistance is vital to the national security of

the United States; or

‘‘(B) the President determines and reports

to the Congress that the Government of

Cuba has met the requirements contained in

section 1708 of the Cuban Democracy Act of

1992 (22 U.S.C. 6001 et seq.).

‘‘(3) Not later than February 1st each year,

the President shall prepare and transmit to

the appropriate congressional committees a

report containing a list of all foreign governments that the President has determined

have provided economic assistance to or engaged in nonmarket-based trade with the

Government of Cuba in the preceding fiscal

year.

‘‘(4) For purposes of this subsection—

‘‘(A) 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;

‘‘(B) the term ‘humanitarian assistance’

means food (including the monetization of

food), clothing, medicine, and medical supplies; and

‘‘(C) the term ‘nonmarket-based trade’ includes exports, imports, exchanges, or other

trade arrangements under which goods or

services are provided on terms more favorable than those generally available in applicable markets or for comparable commodities, including—

‘‘(i) exports to the Government of Cuba on

terms that involve a grant, concessional

price, guaranty, insurance, or subsidy;

‘‘(ii) imports from the Government of Cuba

at preferential tariff rates; and

‘‘(iii) exchange arrangements that include

advance delivery of commodities, arrangements in which the Government of Cuba is

not held accountable for unfulfilled exchange

contracts, and arrangements under which

such Government does not pay appropriate

transportation, insurance, or finance costs.’’.

(b) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in

paragraph (2), the prohibition on assistance

to a foreign government contained in section

620(y) of the Foreign Assistance Act of 1961,

as added by subsection (a), shall apply only

with respect to assistance provided in fiscal

years beginning on or after the date of the

enactment of this Act.

(2) EXCEPTION.—In the case of the fiscal

year in which this Act is enacted, such prohibition shall apply with respect to the obligation or expenditure of assistance on or

after the date of the enactment of this Act.

SEC. 3302. ASSISTANCE FOR NICARAGUA.

(a) RESTRICTIONS.—Amounts made available for fiscal years 1996 and 1997 for assistance under chapter 1 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.;

relating to development assistance) or chapter 4 of part II of such Act (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

including any unobligated balances of prior

appropriations, may only be made available

to the Government of Nicaragua if the Secretary of State determines and certifies to

the appropriate congressional committees

that—

(1) a full and independent investigation has

been completed of the weapons caches discovered after the May 23, 1993, Santa Rosa

arms cache explosion, including an investigation of passports, identity papers, and

other documents found at weapons sites indicating the existence of a terrorist or kidnapping ring and whether the terrorist network

was involved in the February 1993 World

Trade Center bombing;

(2) prosecutions have been initiated

against all individuals, including government officials and members of the armed

forces or security forces of Nicaragua, identified in the investigation described in paragraph (1);

(3) Nicaragua has made substantial

progress in meeting the requirements set

forth in section 527 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(relating to expropriation of United States

property);

(4) substantial progress has been made in

the timely implementation of all recommendations made by the Tripartite Commission with respect to individuals responsible for assassinations, including the immediate suspension of all individuals from the

Sandinista Army and security forces who

were named in such recommendations, and

the expeditious prosecution of such individuals;

(5) all individuals responsible for the murders of Jean Paul Genie, Arges Sequeira, and

Enrique Bermudez have been removed from

the military and security forces of Nicaragua, and judicial proceedings against these

individuals have been initiated;

(6) specific changes have been implemented

which have resulted in verifiable civilian

control over the Sandinista military, security forces, and police; and

(7) genuine, effective, and concrete reforms

in the Nicaraguan judicial system have been

initiated.

(b) CONTENTS OF CERTIFICATION.—

(1) IN GENERAL.—A certification made pursuant to subsection (a) shall include a detailed accounting of all evidence in support

of the determinations listed in paragraphs (1)

through (7) of such subsection.

(2) FORM.—A certification made pursuant

to subsection (a) shall be submitted in unclassified form, and, to the extent necessary,

classified form.

(c) EXCEPTION TO RESTRICTIONS.—The restrictions on the availability of funds in subsection (a) shall not apply to support for—

(1) programs facilitating the resolution of

United States citizen property claims;

(2) the International Commission for Support and Verification of the Organization of

American States for human rights monitoring, related assistance programs or election

observation;

(3) independent human rights groups in

Nicaragua;

(4) programs intended to ensure free and

fair elections in Nicaragua;

(5) democracy-building programs administered through the National Endowment for

Democracy and related nongovernmental

groups; or

(6) programs to promote civilian control of

the 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.

SEC. 3303. SENSE OF THE CONGRESS REGARDING

RELATIONS WITH BURMA.

It is the sense of the Congress that—

(1) official United States trade delegations

to Burma should be indefinitely suspended;

(2) visits to Burma by senior officials of

the United States Government should be

minimized until Aung San Suu Kyi is released from house arrest;

(3) the Secretary of Labor should submit to

the Congress a report on labor practices in

Burma so that Members of Congress can better inform constituents, including stockholders and business leaders of the United

States companies which transact commerce

with Burma, on labor conditions in that

country;

(4) the Secretary of State should submit to

the Congress a report on resource exploitation and environmental degradation in

Burma;

(5) no assistance should be used for cooperative counternarcotics efforts between the

United States and members of the State Law

and Order Restoration Committee (SLORC)

regime;

(6) the United States should discourage the

Association of Southeast Asian Nations

(ASEAN) from including the SLORC regime

in ASEAN activities;

(7) the Secretary of State should submit to

the Congress a report which outlines a strategy for encouraging democratic transition in

Burma; and

(8) the United States should encourage its

allies to restrict the relations of such allies

with Burma in accordance with this section.

SEC. 3304. DEBT RESTRUCTURING FOR EGYPT.

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

(1) The Government of Egypt owes the

United States Government over $6,000,000,000

from prior economic assistance credit programs.

(2) Current annual debt service payments

by Egypt to the United States are approximately $270,000,000, will climb in the near future to $350,000,000, and will continue until

the year 2021.

(3) Egypt’s debt service to the United

States results in reduced investment capital

and slower economic growth in Egypt.

(4) Restructuring Egypt’s debt burden, and

buying down Egypt’s debt, could substantially reduce over time Egypt’s requirement

for economic assistance.

(5) Addressing Egypt’s debt burden is in

the mutual interest of Egypt and the United

States.

(b) REPORT.—(1) Not later than January 31,

1996, the Secretary of State and the Secretary of the Treasury shall develop and submit to the appropriate congressional committee options to restructure Egypt’s debt,

and buy down, over a period of time through

the use of funds authorized to be appropriated under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

seq.; relating to the economic support fund),

all outstanding debt owed by the Government of Egypt to the United States Government, including debt owed under development assistance, agriculture, Export-Import

Bank, and Commodity Credit Corporation

credit programs.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5445

(2) The Secretary of State and the Secretary of the Treasury shall develop the options required by paragraph (1) in such a way

as to enable the United States to reduce assistance to Egypt in the future under chapter 4 of part II of the Foreign Assistance Act

of 1961 (22 U.S.C. 2346 et seq.; relating to the

economic support fund). In the development

of such options, the Secretaries shall consult

with the Secretary of Commerce for the purpose of determining the impact of the options required under paragraph (1) on the

level of United States exports to Egypt.

(3) For purposes of this subsection, 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.

SEC. 3305. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS PROVIDING ASSISTANCE TO IRAN.

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

(1) Iran is engaged in an intensive effort to

develop nuclear weapons and some nations

have indicated that they are prepared to cooperate with Iran in the nuclear field.

(2) The possession of nuclear weapons by

Iran would represent a serious threat to the

peace and security of the entire Middle East

region and an extremely serious challenge to

United States interests in that region.

(3) The United States places the highest

priority on denying to Iran the capability to

produce nuclear weapons and systems for the

delivery of nuclear weapons and other weapons of mass destruction.

(4) The sale or transfer to Iran by any

other government or with the permission of

any other government of technology that

may be critical for Iran to develop or deploy

nuclear weapons is a serious threat to United

States interests.

(b) ADMISSION TO NATO.—It is the sense of

the Congress that the United States should

vigorously oppose the accession to the North

Atlantic Treaty and the admission to the

North Atlantic Treaty Organization of any

country which sells or licenses for sale any

nuclear or dual-use technology or any military weapons, equipment, ammunition or

munitions of any kind, including any item

included on any lists covered by the Missile

Technology Control Regime, to Iran or to

any country which the Secretary of State

has determined repeatedly provides support

for acts of international terrorism pursuant

to section 6(j) of the Export Administration

Act of 1979.

(c) PROHIBITION ON UNITED STATES ASSISTANCE.—No assistance authorized to be appropriated by this Act or any other Act may be

provided by any agency of the United States

Government to the government of any country which sells or licenses for sale any nuclear or dual-use technology or any military

weapons, equipment, ammunition or munitions of any kind, including any item included on any lists covered by the Missile

Technology Control Regime, to Iran or to

any other country which the Secretary of

State has determined repeatedly provides

support for acts of international terrorism

pursuant to section 6(j) of the Export Administration Act of 1979.

(d) EXCEPTIONS.—The prohibition in subsection (c) shall not apply to—

(1) assistance provided to Russia, Belarus,

Ukraine, or Kazakhstan under the authorities of the Soviet Nuclear Threat Reduction

Act of 1991 (title II of Public Law 102–228; 105

Stat. 1691); and

(2) assistance provided under chapter 11 of

part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2295 et seq.; relating to assistance

for the independent states of the former Soviet Union) for the purposes of—

(A) humanitarian, disaster, or refugee relief; or

(B) assisting democratic political reform

and rule of law activities, and assisting in

the creation of private sector and nongovernmental organizations that are independent of

government ownership and control.

SEC. 3306. ASSISTANCE FOR PAKISTAN.

Section 620E(e) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2375(e)) is amended—

(1) by striking ‘‘No assistance shall’’ and

inserting ‘‘(1) Except as provided in paragraph (2), no assistance shall’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2)(A) Assistance in support of nongovernmental organizations or microenterprises

under chapter 1 of part I of this Act (relating

to development assistance) and assistance

under the provisions of law described in subparagraph (B) may be made available for

Pakistan.

‘‘(B) The provisions of law described in this

subparagraph are the following:

‘‘(i) Title IV of chapter 2 of part I of this

Act (relating to the Overseas Private Investment Corporation).

‘‘(ii) Chapter 8 of part I of this Act (relating to international narcotics control).

‘‘(iii) Chapter 5 of part II of this Act (relating to international military education and

training).

‘‘(iv) Chapter 8 of part II of this Act (relating to antiterrorism assistance).

‘‘(v) Any provision of law under which assistance is available to carry out the following activities:

‘‘(I) Aviation safety.

‘‘(II) Immigration and customs procedures.

‘‘(III) Peacekeeping.

‘‘(IV) Promotion of trade and investment

interests of the United States.

‘‘(C) Assistance described in subparagraph

(B)(iii) may be made available for Pakistan

under this paragraph for fiscal year 1997 and

each subsequent fiscal year only if the President certifies to the Congress for such fiscal

year that the Government of Pakistan is

fully cooperating with United States

counter-narcotics assistance programs and

policies.’’.

SEC. 3307. RETURN OF MILITARY EQUIPMENT OF

PAKISTAN.

It is the sense of the Congress that—

(1) the inability of the President since October 1, 1990, to make the necessary certification under section 620E(e) of the Foreign

Assistance Act of 1961 (relating to the nuclear activities of Pakistan) has prevented

the delivery of military aircraft for which

Pakistan made nonrefundable cash payments

to contractors and unnecessarily complicated the achievement of United States

foreign policy and nonproliferation objectives in South Asia;

(2) in the absence of a Presidential certification for Pakistan under section 620E(e) of

such Act, the United States should make a

determined effort to find a third party buyer

for the such military aircraft and should reimburse Pakistan with any proceeds derived

from a sale to such third party, up to the

amount paid by Pakistan for such military

aircraft; and

(3) with respect to other military equipment imported into the United States from

Pakistan prior to May 1, 1991, for repair or

modification by the Department of Defense,

the return of such military equipment, including spare parts thereof, or equivalent

equipment or spare parts originally owned

by another country, does not constitute a

transfer of military equipment under the

terms of section 620E(e) of such Act, provided

such military equipment or spare parts are

returned in an unrepaired state or without

modifications for which they were originally

imported into the United States.

SEC. 3308. ELIGIBILITY OF PANAMA UNDER ARMS

EXPORT CONTROL ACT.

The Government of the Republic of Panama shall be eligible to purchase defense articles and defense services under the Arms

Export Control Act (22 U.S.C. 2751 et seq.),

except as otherwise specifically provided by

law.

SEC. 3309. FUTURE OF THE UNITED STATES MILITARY PRESENCE IN PANAMA.

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

(1) The Panama Canal is a vital strategic

asset to the United States, its allies, and the

world.

(2) The Treaty on the Permanent Neutrality and Operation of the Panama Canal

signed on September 7, 1977, provides that

Panama and the United States have the responsibility to assure that the Panama

Canal will remain open and secure.

(3) Such Treaty also provides that each of

the two countries shall, in accordance with

their respective constitutional processes, defend the Canal against any threat to the regime of neutrality, and consequently shall

have the right to act against any aggression

or threat directed against the Canal or

against the peaceful transit of vessels

through the Canal.

(4) The United States instrument of ratification of such Treaty includes specific language that the two countries should consider

negotiating future arrangements or agreements to maintain military forces necessary

to fulfill the responsibility of the two countries of maintaining the neutrality of the

Canal after 1999.

(5) The Government of Panama, in the bilateral Protocol of Exchange of instruments

of ratification, expressly ‘‘agreed upon’’ such

arrangements or agreements.

(6) The United States Navy depends upon

the Panama Canal for rapid transit in times

of emergency, as demonstrated during World

War II, the Korean War, the Vietnam conflict, the Cuban Missile Crisis, and the Persian Gulf conflict.

(7) Drug trafficking and money laundering

have proliferated in the Western Hemisphere

since the Treaty on the Permanent Neutrality and Operation of the Panama Canal was

signed on September 7, 1977, and such trafficking and laundering poses a grave threat

to peace and security in the region.

(8) Certain facilities now utilized by the

United States Armed Forces in Panama are

critical to combat the trade in illegal drugs.

(9) The United States and Panama share

common policy goals such as strengthening

democracy, expanding economic trade, and

combating illegal narcotics throughout

Latin America.

(10) The Government of Panama has dissolved its military forces and has maintained

only a civilian police organization to defend

the Panama Canal against aggression.

(11) Certain public opinion polls in Panama

suggest that many Panamanians desire a

continued United States military presence in

Panama.

(b) SENSE OF THE CONGRESS.—It is the sense

of the Congress that—

(1) the President should negotiate a new

base rights agreement with the Government

of Panama—

(A) to allow the stationing of United

States Armed Forces in Panama beyond December 31, 1999; and

(B) to ensure that the United States will be

able to act appropriately, consistent with

the Panama Canal Treaty, the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, and the resolutions of ratification thereto, for the purpose
H 5446 CONGRESSIONAL RECORD — HOUSE May 23, 1995

of assuring that the Panama Canal shall remain open, neutral, secure, and accessible;

and

(2) the President should consult with the

Congress throughout the negotiations described in paragraph (1).

SEC. 3310. PEACE AND STABILITY IN THE SOUTH

CHINA SEA.

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

(1) The South China Sea is a critically important waterway through which 25 percent

of the world’s ocean freight and 70 percent of

Japan’s energy supplies transit.

(2) The South China Sea serves as a crucial

sea lane for United States Navy ships moving between the Pacific and Indian Oceans,

particularly in time of emergency.

(3) There are a number of competing

claims to territory in the South China Sea.

(4) The 1992 Manila Declaration adhered to

by the Association of South East Asian Nations, the Socialist Republic of Vietnam, and

the People’s Republic of China calls for all

claimants to territory in the South China

Sea to resolve questions of boundaries

through peaceful negotiations.

(5) The legislature of the People’s Republic

of China has declared the entire South China

Sea to be Chinese territorial waters.

(6) The armed forces of the People’s Republic of China have asserted China’s claim to

the South China Sea through the kidnapping

of citizens of the Republic of the Philippines

and the construction of military bases on

territory claimed by the Philippines.

(7) These acts of aggression committed by

the armed forces of the People’s Republic of

China against citizens of the Philippines are

contrary to both international law and to

peace and stability in East Asia.

(b) POLICY DECLARATIONS.—The Congress—

(1) declares the right of free passage

through the South China Sea to be vital to

the national security interests of the United

States, its friends, and allies;

(2) declares that any attempt by a

nondemocratic power to assert, through the

use of force or intimidation, its claims to

territory in the South China Sea to be a

matter of grave concern to the United

States;

(3) calls upon the Government of the People’s Republic of China to adhere faithfully

to its commitment under the Manila Declaration of 1992; and

(4) calls upon the President to review the

defense needs of democratic countries with

claims to territory in the South China Sea.

SEC. 3311. SENSE OF THE CONGRESS REGARDING

NARCOTICS CONTROL EFFORTS OF

COLOMBIA.

It is the sense of the Congress that—

(1) relations between the United States and

Colombia are at a critical stage, particularly

following the President’s March 1, 1995, decision to grant the Government of Colombia a

national interest waiver in the 1994 narcotics

certification determination;

(2) the Government of Colombia has undertaken efforts toward the elimination of drug

trafficking organizations, especially the

powerful ‘‘kingpins’’ based in Cali;

(3) important advances need to be taken to

dismantle the operations of criminal enterprises in Colombia which seek to corrupt

government institutions;

(4) the Government of Colombia should be

encouraged to complete specific, attainable

objectives in its overall narcotics control

strategy, including—

(A) the arrest and prosecution of the acknowledged leaders of the Cali drug organization;

(B) the imposition of tougher sentencing of

drug traffickers to ensure that such traffickers serve sentences commensurate with their

crimes;

(C) the expeditious passage of legislation

to criminalize money laundering;

(D) the aggressive eradication of illicit

crops, including coca opium, and marijuana;

(E) the elimination of the industrial infrastructure of the narcotics trade, including

laboratories, precursor chemicals, and aircraft;

(F) the destruction of the internal narcotics distribution export system, including the

use of airports, rivers, and ports for such system;

(G) the elimination of the island of San

Andres as a illegal narcotics transshipment

point; and

(H) the end of the current policy of the

Government of Colombia under which key

drug traffickers are given lenient sentences

in return for their surrender;

(5) the Secretary of State should make the

issue of illicit narcotics the highest foreign

policy priority of the United States with respect to relations with key illicit drug transit and producing nations, such as Colombia;

and

(6) the Secretary of State should request

our European allies to join the United States

in sending a clear message to Colombia on

the importance of attaining these counternarcotics goals and objectives in the shortest

possible time so that reductions in United

States foreign assistance will not be necessary in the future.

SEC. 3312. NOTIFICATION OF ARMS SALES TO

SAUDI ARABIA.

(a) NOTIFICATION.—Until the certification

under subsection (b) is submitted to the Congress, section 36(b)(1) of the Arms Export

Control Act shall be applied to sales of Saudi

Arabia by substituting in the first sentence

‘‘0’’ for $50,000,000, ‘‘0’’ for $200,000,000, and

‘‘0’’ for $14,000,000.

(b) CERTIFICATION.—Subsection (a) shall

cease to apply if and when the Secretary of

State certifies and reports in writing to the

Congress that the unpaid claims of American

firms against the Government of Saudi Arabia that are described in the June 30, 1993, report by the Secretary of Defense pursuant to

section 9140(c) of the Department of Defense

Appropriations Act, 1993 (Public Law 102–396;

106 Stat. 1939), including the additional

claims noticed by the Department of Commerce on page 2 of that report, have been resolved satisfactorily.

SEC. 3313. ASSISTANCE FOR ZAIRE.

(a) SECURITY ASSISTANCE.—Assistance may

not be transferred to the Government of

Zaire for each of the fiscal years 1996 and

1997—

(1) under chapter 4 of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2346 et seq.;

relating to the economic support fund);

(2) under chapter 5 of part II of that Act (22

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

military education and training); or

(3) from the ‘‘Foreign Military Financing

Program’’ account under section 23 of the

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

(b) DEVELOPMENT ASSISTANCE.—Assistance

under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) or chapter

10 of such part (22 U.S.C. 2293 et seq.; relating

to the Development Fund for Africa) for each

of the fiscal years 1996 and 1997 shall not be

transferred to the Government of Zaire.

TITLE XXXIV—SPECIAL AUTHORITIES AND

OTHER PROVISIONS

CHAPTER 1—SPECIAL AUTHORITIES

SEC. 3401. ENHANCED TRANSFER AUTHORITY.

Section 610 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2360) is amended to read as

follows:

‘‘SEC. 610. TRANSFER BETWEEN ACCOUNTS.

‘‘(a) GENERAL AUTHORITY.—Whenever the

President determines it to be necessary for

the purposes of this Act or the Arms Export

Control Act (22 U.S.C. 2751 et seq.), not to exceed 20 percent of the funds made available

to carry out any provision of this Act (except funds made available pursuant to title

IV of chapter 2 of part I) or section 23 of the

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

‘‘(1) may be transferred to, and consolidated with, the funds in any other account or

fund available to carry out any provision of

this Act; and

‘‘(2) may be used for any purpose for which

funds in that account or fund may be used.

‘‘(b) LIMITATION ON AMOUNT OF INCREASE.—

The total amount in the account or fund for

the benefit of which transfer is made under

subsection (a) during any fiscal year may not

be increased by more than 20 percent of the

amount of funds otherwise made available.

‘‘(c) NOTIFICATION.—The President shall notify in writing the congressional committees

specified in section 634A at least fifteen days

in advance of each such transfer between accounts in accordance with procedures applicable to reprogramming notifications under

such section.’’.

SEC. 3402. AUTHORITY TO MEET UNANTICIPATED

CONTINGENCIES.

(a) IN GENERAL.—Chapter 1 of part III of

the Foreign Assistance Act of 1961 is amended by inserting after section 610 (22 U.S.C.

2360) the following new section:

‘‘SEC. 610A. AUTHORITY TO MEET UNANTICIPATED CONTINGENCIES.

‘‘(a) AUTHORITY.—

‘‘(1) IN GENERAL.—In order to provide for

any unanticipated contingency in the programs, projects, or activities for which assistance is provided under this Act, the

President is authorized to use funds made

available to carry out any provision of this

Act (other than chapter 1 or chapter 10 of

part I of this Act) for the purpose of providing assistance authorized by any other provision of this Act in accordance with the provisions applicable to the furnishing of such assistance.

‘‘(2) LIMITATION.—The authority of paragraph (1) may not be used to authorize the

use of more than $40,000,000 in any fiscal

year.

‘‘(b) SUPERSEDES OTHER LAWS.—Funds

made available under the authority of this

section may be used notwithstanding any

other provision of law.

‘‘(c) NOTIFICATION OF CONGRESS.—

‘‘(1) NOTIFICATION.—Except as provided in

paragraph (2), the President shall notify the

congressional committees specified in section 634A(a) at least 15 days before obligating

any funds under this section in accordance

with the procedures applicable to

reprogramming notifications under section

634A(a).

‘‘(2) EXCEPTION.—The President may waive

the requirement contained in paragraph (1) if

the President determines that complying

with such requirement would pose a substantial risk to human health or welfare. If the

President exercises the waiver under the preceding sentence, the President shall notify

the congressional committees specified in

section 634A(a) as early as practicable, but in

no event later than 3 days after the date on

which the President took the action to

which such notification requirement was applicable.’’.

(b) REPEAL.—Chapter 5 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2261; relating to contingencies) is hereby repealed.

SEC. 3403. SPECIAL WAIVER AUTHORITY.

Section 614 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2364) is amended to read as

follows:

‘‘SEC. 614. SPECIAL WAIVER AUTHORITY.

‘‘(a) AUTHORITY.—The President may provide assistance and make loans under the
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5447

provisions of law described in subsection (b),

notwithstanding any other provision of law,

if the President determines that to do so is

vital to the national interests of the United

States.

‘‘(b) LAWS WHICH MAY BE WAIVED.—The

provisions of law described in this subsection

are—

‘‘(1) this Act;

‘‘(2) the Arms Export Control Act (22

U.S.C. 2751 et seq.);

‘‘(3) any provision of law authorizing the

provision of assistance to foreign countries

or making appropriations for such assistance; and

‘‘(4) any other provision of law that restricts the authority to provide assistance or

make loans under a provision of law described in paragraph (1), (2), or (3).

‘‘(c) CONSULTATION WITH CONGRESS.—Before exercising the authority under subsection (a), the President shall consult with,

and shall provide a written policy justification to 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.

‘‘(d) NOTIFICATION TO CONGRESS.—A determination under subsection (a) shall be effective only if the President notifies the congressional committees specified in subsection (c) in writing of that determination.

‘‘(e) ANNUAL CEILINGS.—

‘‘(1) IN GENERAL.—The authority of this

section may not be used in any fiscal year to

authorize—

‘‘(A) more than $750,000,000 in sales or

leases to be made under the Arms Export

Control Act (22 U.S.C. 2751 et seq.);

‘‘(B) the use of more than $250,000,000 of

funds made available under this Act or the

Arms Export Control Act; or

‘‘(C) the use of more than $100,000,000 of foreign currencies accruing under this Act or

any other provision of law.

‘‘(2) SALES UNDER THE ARMS EXPORT CONTROL ACT.—If the authority of this section is

used both to authorize a sale or lease under

the Arms Export Control Act and to authorize funds to be used under this Act with respect to the financing of that sale or lease,

then the use of the funds shall be counted

against the limitation in paragraph (1)(B)

and the portion, if any, of the sale or lease

which is not so financed shall be counted

against the limitation in paragraph (1)(A).

‘‘(3) LEASES.—For purposes of paragraph

(1)(A) the replacement cost, less any depreciation in the value, of the defense articles

authorized to be leased shall be counted

against the limitation in that paragraph.

‘‘(4) COUNTRY LIMITS.—(A) Not more than

$75,000,000 of the $250,000,000 limitation provided in paragraph (1)(B) may be allocated to

any one country in any fiscal year unless

that country is a victim of active aggression.

‘‘(B) Not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided

in paragraph (1)(A) and (1)(B) may be allocated to any one country in any fiscal

year.’’.

SEC. 3404. TERMINATION OF ASSISTANCE.

Section 617 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2367) is amended to read as

follows:

‘‘SEC. 617. TERMINATION OF ASSISTANCE.

‘‘(a) IN GENERAL.—(1) In order to ensure

the effectiveness of assistance provided

under this Act, funds made available under

this Act to carry out any program, project,

or activity of assistance shall remain available for obligation for a period not to exceed

8 months after the date of termination of

such assistance for the necessary expenses of

winding up such programs, projects, or activities and, notwithstanding any other provision of law, funds so obligated may remain

available until expended.

‘‘(2) Funds obligated to carry out any program, project, or activity of assistance before the effective date of the termination of

such assistance are authorized to be available for expenditure for the necessary expenses of winding up such programs,

projects, and activities, notwithstanding any

provision of law restricting the expenditure

of funds, and may be reobligated to meet any

other necessary expenses arising from the

termination of such assistance.

‘‘(3) The necessary expenses of winding up

programs, projects, and activities of assistance include the obligation and expenditure

of funds to complete the training or studies

outside their countries of origin of students

whose course of study or training program

began before assistance was terminated.

‘‘(b) LIABILITY TO CONTRACTORS.—For the

purpose of making an equitable settlement

of termination claims under extraordinary

contractual relief standards, the President is

authorized to adopt as a contract or other

obligation of the United States Government,

and assume (in whole or in part) any liabilities arising thereunder, any contract with a

United States or third-country contractor to

carry out any program, project, or activity

of assistance under this Act that was subsequently terminated pursuant to law.

‘‘(c) GUARANTEE PROGRAMS.—Provisions of

this or any other Act requiring the termination of assistance under this Act shall not

be construed to require the termination of

guarantee commitments that were entered

into before the effective date of the termination of assistance.’’.

CHAPTER 2—OTHER PROVISIONS

SEC. 3411. CONGRESSIONAL PRESENTATION DOCUMENTS.

Section 634 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2394) is amended to read as

follows:

‘‘SEC. 634. CONGRESSIONAL PRESENTATION DOCUMENTS.

‘‘(a) REQUIREMENT FOR SUBMISSION.—As

part of the annual requests for enactment of

authorizations and appropriations for foreign

assistance programs for each fiscal year, the

President shall prepare and transmit to the

Congress annual congressional presentation

documents for the programs authorized

under this Act and the Arms Export Control

Act (22 U.S.C. 2751 et seq.).

‘‘(b) MATERIALS TO BE INCLUDED.—The documents submitted pursuant to subsection (a)

shall include—

‘‘(1) the rationale for the allocation of assistance or contributions to each country,

regional, or centrally funded program, or organization, as the case may be;

‘‘(2) a description of how each such program or contribution supports the objectives

of this Act or the Arms Export Control Act,

as the case may be;

‘‘(3) a description of planned country, regional, or centrally funded programs or contributions to international organizations and

programs for the coming fiscal year; and

‘‘(4) for each country for which assistance

is requested under this Act or the Arms Export Control Act—

‘‘(A) the total number of years since 1946

that the United States has provided assistance;

‘‘(B) the total amount of bilateral assistance provided by the United States since

1946, including the principal amount of all

loans, credits, and guarantees; and

‘‘(C) the total amount of assistance provided to such country from all multilateral

organizations to which the United States is

a member, including all international financial institutions, the United Nations, and

other international organizations.

‘‘(c) GRADUATION FROM DEVELOPMENT ASSISTANCE.—

‘‘(1) DETERMINATION.—As part of the congressional presentation documents transmitted to the Congress under this section, the

Secretary of State shall make a separate determination for each country identified in

such documents for which bilateral development assistance is requested, estimating the

year in which each such country will no

longer be receiving bilateral development assistance.

‘‘(2) DEVELOPMENT ASSISTANCE DEFINED.—

For purposes of this section, the term ‘development assistance’ means assistance under—

‘‘(A) chapter 1 of part I of this Act;

‘‘(B) chapter 10 of part I of this Act;

‘‘(C) chapter 11 of part I of this Act; and

‘‘(D) the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et

seq.).’’.

SEC. 3412. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS ENGAGED IN

ESPIONAGE AGAINST THE UNITED

STATES.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 620J. PROHIBITION ON ASSISTANCE TO

FOREIGN GOVERNMENTS ENGAGED

IN ESPIONAGE AGAINST THE UNITED STATES.

‘‘(a) PROHIBITION.—None of the funds made

available to carry out this Act or the Arms

Export Control Act (22 U.S.C. 2751 et seq.)

(other than humanitarian assistance or assistance for refugees) may be provided to any

foreign government which the President determines is engaged in intelligence activities

within the United States harmful to the national security of the United States.

‘‘(b) PERIODIC REPORTS.—Beginning one

year after the date of enactment of this section, and annually thereafter, the President

shall prepare and transmit to the Committee

on Foreign Relations and the Select Committee on Intelligence of the Senate and the

Committee on International Relations and

the Permanent Select Committee on Intelligence of the House of Representatives a report, in classified and unclassified forms,

listing all foreign governments which the

President determines are conducting intelligence activities within the United States

harmful to the national security of the United States.

‘‘(c) DEFINITION.—As used in this section,

the term ‘humanitarian assistance’ means

food (including the monetization of food),

clothing, medicine, and medical supplies.’’.

SEC. 3413. DEBT RESTRUCTURING FOR FOREIGN

ASSISTANCE.

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2370 et seq.), as

amended by this Act, is further amended by

adding at the end the following new section:

‘‘SEC. 620K. SPECIAL DEBT RELIEF FOR POOR

COUNTRIES.

‘‘(a) AUTHORITY TO REDUCE DEBT.—The

President may reduce amounts owed to the

United States Government by a country described in subsection (b) as a result of—

‘‘(1) loans or guarantees issued under this

Act; or

‘‘(2) credits extended or guarantees issued

under the Arms Export Control Act (22

U.S.C. 2751 et seq.).

‘‘(b) COUNTRY DESCRIBED.—A country described in this subsection is a country—

‘‘(1) with a heavy debt burden that is eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development (commonly referred to as an ‘IDAonly’ country); and

‘‘(2) the government of which—

‘‘(A) does not have an excessive level of

military expenditures;
H 5448 CONGRESSIONAL RECORD — HOUSE May 23, 1995

‘‘(B) has not repeatedly provided support

for acts of international terrorism; and

‘‘(C) is cooperating with the United States

on international narcotics control matters;

‘‘(3) (including the military or other security forces of such government) does not engage in a consistent pattern of gross violations of internationally recognized human

rights; and

‘‘(4) is not prohibited from receiving assistance described in section 527(a) of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 by reason of such section.

‘‘(c) LIMITATIONS.—The authority under

subsection (a) may be exercised—

‘‘(1) only to implement multilateral official debt relief ad referendum agreements

(commonly referred to as ‘Paris Club Agreed

Minutes’); and

‘‘(2) only to the extent that appropriations

for the cost of the modification, as defined in

section 502 of the Congressional Budget Act

of 1974, are made in advance.

‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—

A reduction of debt pursuant to the exercise

of authority under subsection (a)—

‘‘(1) shall not be considered assistance for

purposes of any provision of law limiting assistance to a country; and

‘‘(2) may be exercised notwithstanding section 620(r) of this Act or any comparable provision of law.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to

be appropriated to the President for the purpose of carrying out this section $7,000,000 for

each of the fiscal years 1996 and 1997.

‘‘(2) AVAILABILITY.—Amounts authorized to

be appropriated under paragraph (1) are authorized to remain available until expended.’’.

SEC. 3414. DEBT BUYBACKS OR SALES FOR DEBT

SWAPS.

Part IV of the Foreign Assistance Act of

1961 (22 U.S.C. 2430 et seq.) is amended by

adding at the end the following new section:

‘‘SEC. 711. AUTHORITY TO ENGAGE IN DEBT

BUYBACKS OR SALES.

‘‘(a) LOANS ELIGIBLE FOR SALE, REDUCTION,

OR CANCELLATION.—

‘‘(1) AUTHORITY TO SELL, REDUCE, OR CANCEL

CERTAIN LOANS.—Notwithstanding any other

provision of law, the President may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before January 1, 1995, to

the government of any eligible country pursuant to this Act, or on receipt of payment

from an eligible purchaser, reduce or cancel

such loan or portion thereof, only for the

purpose of facilitating—

‘‘(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or

‘‘(B) a debt buyback by an eligible country

of its own qualified debt, only if the eligible

country uses an additional amount of the

local currency of the eligible country, equal

to not less than 40 percent of the price paid

for such debt by such eligible country, or the

difference between the price paid for such

debt and the face value of such debt, to support activities that link conservation and

sustainable use of natural resources with

local community development, and child survival and other child development, in a manner consistent with sections 707 through 710,

if the sale, reduction, or cancellation would

not contravene any term or condition of any

prior agreement relating to such loan.

‘‘(2) TERMS AND CONDITIONS.—Notwithstanding any other provision of law, the

President shall, in accordance with this section, establish the terms and conditions

under which loans may be sold, reduced, or

canceled pursuant to this section.

‘‘(3) ADMINISTRATION.—The Facility shall

notify the administrator of the agency primarily responsible for administering part I

of this Act of purchasers that the President

has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant

to this section. Such agency shall make an

adjustment in its accounts to reflect the

sale, reduction, or cancellation.

‘‘(4) LIMITATION.—The authorities of this

subsection shall be available only to the extent that appropriations for the cost of the

modification, as defined in section 502 of the

Congressional Budget Act of 1974, are made

in advance.

‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds

from the sale, reduction, or cancellation of

any loan sold, reduced, or canceled pursuant

to this section shall be deposited in an account or accounts established in the Treasury for the repayment of such loan.

‘‘(c) ELIGIBLE PURCHASERS.—A loan may be

sold pursuant to subsection (a)(1)(A) only to

a purchaser who presents plans satisfactory

to the President for using the loan for the

purpose of engaging in debt-for-equity swaps,

debt-for-development swaps, or debt-for-nature swaps.

‘‘(d) DEBTOR CONSULTATIONS.—Before the

sale to any eligible purchaser, or any reduction or cancellation pursuant to this section,

of any loan made to an eligible country, the

President shall consult with the country

concerning the amount of loans to be sold,

reduced, or canceled and their uses for debtfor-equity swaps, debt-for-development

swaps, or debt-for-nature swaps.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—For the sale, reduction,

and cancellation of loans or portions thereof

pursuant to this section, there are authorized to be appropriated to the President

$3,000,000 for each of the fiscal years 1996 and

1997.

‘‘(2) AVAILABILITY.—Amounts authorized to

be appropriated under paragraph (1) are authorized to remain available until expended.’’.

SEC. 3415. IMPACT ON JOBS IN THE UNITED

STATES.

Section 636 of the Foreign Assistance Act

of 1961 (22 U.S.C. 2396) is amended by adding

at the end the following new subsection:

‘‘(j)(1) Funds made available to carry out

the provisions of this Act may not be made

available to provide—

‘‘(A) any financial incentive to a business

enterprise located in the United States for

the purpose of inducing that enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the

number of individuals employed in the United States by that enterprise because that enterprise would replace production in the

United States with production outside the

United States;

‘‘(B) assistance for the purpose of establishing or developing in a foreign country

any export processing zone or designated

area in which the tax, tariff, labor, environment, and safety laws of that country do not

apply, in part or in whole, to activities carried out within that zone or area, unless the

President determines and certifies that such

assistance is not likely to cause a loss of jobs

within the United States; or

‘‘(C) subject to paragraph (2), assistance for

any project or activity that contributes to

the violation of internationally recognized

workers rights (as defined in section 502(a)(4)

of the Trade Act of 1974) of workers in the

foreign country, including in any designated

zone or area in that country.

‘‘(2) Paragraph (1)(C) shall not apply with

respect to the provision of assistance for the

informal sector, microenterprises and smallscale enterprises, and small-holder agriculture of the foreign country.’’.

SEC. 3416. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT

LETHAL MILITARY EQUIPMENT TO

COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.

(a) IN GENERAL.—Section 620 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2370), as

amended by this Act, is further amended by

adding at the end the following new subsection:

‘‘(z)(1) No assistance may be provided

under this Act or the Arms Export Control

Act to any foreign government that provides

lethal military equipment to a country, the

government of which the Secretary of State

has determined pursuant to section 40(d) of

the Arms Export Control Act is a government that has repeatedly provided support

for acts of international terrorism.

‘‘(2) The prohibition under paragraph (1)

with respect to a foreign government shall

terminate 12 months after the date on which

that government ceases to provide such lethal military equipment.

‘‘(3) The President may waive the requirements of paragraph (1) if the President determines that the provision of such assistance

is important to the national security interests of the United States.

‘‘(4) Whenever the waiver of paragraph (3)

is exercised, the President shall prepare and

transmit to the appropriate congressional

committees a report with respect to the furnishing of such assistance. Such report shall

include a detailed explanation of the assistance to be provided, including the estimated

dollar amount of such assistance, and an explanation of how the assistance furthers the

national interests of the United States.

‘‘(5) For purposes of this subsection, 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.’’.

(b) EFFECTIVE DATE.—Section 620(z) of the

Foreign Assistance Act of 1961, as added by

subsection (a), applies with respect to lethal

military equipment provided pursuant to a

contract entered into on or after the date of

enactment of this Act.

SEC. 3417. PROHIBITION ON ASSISTANCE TO

COUNTRIES THAT CONSISTENTLY

OPPOSE THE UNITED STATES POSITION IN THE UNITED NATIONS GENERAL ASSEMBLY.

(a) PROHIBITION.—United States assistance

may not be provided to a country that consistently opposed the United States position

in the United Nations General Assembly during the most recent session of the General

Assembly.

(b) CHANGE IN GOVERNMENT.—If—

(1) the Secretary of State determines that,

since the beginning of the most recent session of the General Assembly, there has been

a fundamental change in the leadership and

policies of the government of a country to

which the prohibition in subsection (a) applies, and

(2) the Secretary believes that because of

that change the government of that country

will no longer consistently oppose the United

States position in the General Assembly,

the Secretary may exempt that country

from that prohibition. Any such exemption

shall be effective only until submission of

the next report under section 406 of the Foreign Relations Authorization Act, Fiscal

Years 1990 and 1991. The Secretary shall submit to the Congress a certification of each

exemption made under this subsection. Such

certification shall be accompanied by a discussion of the basis for the Secretary’s determination and belief with respect to such exemption.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5449

(c) WAIVER AUTHORITY.—The Secretary of

State may waive the requirement of subsection (a) if the Secretary determines and

reports to the Congress that despite the

United Nations voting pattern of a particular country, the provision of United States

assistance to that country is necessary to

promote United States foreign policy objectives.

(d) DEFINITIONS.—As used in this section—

(1) the term ‘‘consistently opposed the

United States position’’ means that the

country’s votes in the United Nations General Assembly coincided with the United

States position less than 25 percent of the

time, using for this purpose the overall percentage-of-voting coincidences set forth in

the annual report submitted to the Congress

pursuant to section 406 of the Foreign Relations Authorization Act, Fiscal Years 1990

and 1991;

(2) the term ‘‘most recent session of the

General Assembly’’ means the most recently

completed plenary session of the General Assembly for which overall percentage-of-voting coincidences is set forth in the most recent report submitted to the Congress pursuant to section 406 of the Foreign Relations

Authorization Act, Fiscal Years 1990 and

1991; and

(3) the term ‘‘United States assistance’’

means assistance under—

(A) chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic

support fund),

(B) chapter 5 of part II of that Act (relating to international military education and

training), or

(C) the ‘‘Foreign Military Financing Program’’ account under section 23 of the Arms

Export Control Act,

except that such term does not include assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (relating to international narcotics control) or assistance

under chapter 8 of part II of such Act (relating to antiterrorism assistance).

(e) EFFECTIVE DATE.—This section takes effect upon the date of the submission to the

Congress of the report pursuant to section

406 of the Foreign Relations Authorization

Act, Fiscal Years 1990 and 1991, that is required to be submitted by March 31, 1996.

SEC. 3418. LIMITATION ON ASSISTANCE TO COUNTRIES THAT RESTRICT THE TRANSPORT OR DELIVERY OF UNITED

STATES HUMANITARIAN ASSISTANCE.

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

(1) The United States Federal budget deficit and spending constraints require the

maximum efficiency in the usage of United

States foreign assistance.

(2) The delivery of humanitarian assistance

to people in need is consistent with the fundamental values of our Nation and is an important component of United States foreign

policy.

(3) As a matter of principle and in furtherance of fiscal prudence, the United States

should seek to promote the delivery of humanitarian assistance to people in need in a

manner that is both timely and cost effective.

(4) Recipients of United States assistance

should not hinder or delay the transport or

delivery of United States humanitarian assistance to other countries.

(b) PROHIBITION ON ASSISTANCE.—Section

620 of the Foreign Assistance Act of 1961 (22

U.S.C. 2370), as amended by this Act, is further amended by adding at the end the following new subsection:

‘‘(aa)(1) Notwithstanding any other provision of law, United States assistance may

not be made available for any country whose

government prohibits or otherwise restricts,

directly or indirectly, the transport or delivery of United States humanitarian assistance.

‘‘(2) The prohibition on United States assistance contained in paragraph (1) shall not

apply if the President determines and notifies the Congress in writing that providing

such assistance to a country is in the national security interest of the United States.

‘‘(3) A suspension or termination of United

States assistance for any country under

paragraph (1) shall cease to be effective when

the President certifies in writing to the

Speaker of the House of Representatives and

the Committee on Foreign Relations of the

Senate that such country is no longer prohibiting or otherwise restricting, either directly or indirectly, the transport or delivery of United States humanitarian assistance.

‘‘(4)(A) At the time of the annual budget

submission to Congress, the President shall

submit a report to the Congress describing

any information available to the President

concerning prohibitions or restrictions, direct or indirect, on the transport or delivery

of United States humanitarian assistance by

the government of any country receiving or

eligible to receive United States foreign assistance during the current or preceding fiscal year.

‘‘(B) The President shall include in the report required by subparagraph (A) a statement as to whether the prohibition in paragraph (1) is being applied to each country for

which the President has information available to him concerning prohibitions or restrictions, direct or indirect, on the transport or delivery of United States humanitarian assistance.

‘‘(5) As used in this subsection, the term

‘United States assistance’ has the same

meaning given that term in section 481(e)(4)

of this Act.’’.

SEC. 3419. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS, PRIVATE AND

VOLUNTARY ORGANIZATIONS, AND

OTHER ENTITIES THAT INHIBIT

UNITED STATES-SUPPORTED DEMINING OPERATIONS AND ACTIVITIES.

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act may be

made available to any foreign government,

private and voluntary organization, or any

other entity which the Secretary of State determines inhibits United States-supported

demining operations and activities through

the imposition of discriminatory customs

duties, tariffs, or any other barrier to the

entry of equipment or personnel designated

for use or participation in such operations

and activities.

(b) EXCEPTION.—(1) The prohibition contained in subsection (a) shall not apply with

respect to a foreign government, private and

voluntary organization, or any other entity

if the President determines and reports to

the congressional committees specified in

section 634A of the Foreign Assistance Act of

1961 (in accordance with procedures applicable to reprogramming notifications under

that section) that the provision of assistance

to such government, organization, or other

entity, as the case may be, is important to

the national interest of the United States.

(2) Any determination under paragraph (1)

shall include a detailed justification of how

the provision of assistance furthers United

States national interests.

CHAPTER 3—REPEALS

SEC. 3421. REPEAL OF OBSOLETE PROVISIONS.

(a) 1988 FOREIGN OPERATIONS APPROPRIATIONS ACT.—Section 537(h)(2) of the Foreign

Operations, Export Financing, and Related

Programs Appropriations Act, 1988, as included in Public Law 100–202, is hereby repealed.

(b) 1987 FOREIGN ASSISTANCE APPROPRIATIONS ACT.—Section 539(g)(2) of the Foreign

Assistance and Related Programs Appropriations Act, 1987, as included in Public Law 99–

591, is hereby repealed.

(c) 1986 ASSISTANCE ACT.—The Special Foreign Assistance Act of 1986 is hereby repealed

except for section 1 and section 204.

(d) 1985 ASSISTANCE ACT.—The International Security and Development Cooperation Act of 1985 is hereby repealed except for

section 1, section 131, section 132, section 504,

section 505, part B of title V (other than section 558 and section 559), section 1302, section

1303, and section 1304.

(e) 1985 JORDAN SUPPLEMENTAL ACT.—The

Jordan Supplemental Economic Assistance

Authorization Act of 1985 is hereby repealed.

(f) 1985 AFRICAN FAMINE ACT.—The African

Famine Relief and Recovery Act of 1985 is

hereby repealed.

(g) 1983 ASSISTANCE ACT.—The International Security and Development Assistance Authorization Act of 1983 is hereby repealed.

(h) 1983 LEBANON ASSISTANCE ACT.—The

Lebanon Emergency Assistance Act of 1983 is

hereby repealed.

(i) 1981 ASSISTANCE ACT.—The International Security and Development Cooperation Act of 1981 is hereby repealed except for

section 1, section 709, and section 714.

(j) 1980 ASSISTANCE ACT.—The International Security and Development Cooperation Act of 1980 is hereby repealed except for

section 1, section 110, section 316, and title V.

(k) 1979 DEVELOPMENT ASSISTANCE ACT.—

The International Development Cooperation

Act of 1979 is hereby repealed.

(l) 1979 SECURITY ASSISTANCE ACT.—The

International Security Assistance Act of 1979

is hereby repealed.

(m) 1979 SPECIAL SECURITY ASSISTANCE

ACT.—The Special International Security

Assistance Act of 1979 is hereby repealed.

(n) 1978 DEVELOPMENT ASSISTANCE ACT.—

The International Development and Food Assistance Act of 1978 is hereby repealed, except for section 1, title IV, and section

603(a)(2).

(o) 1978 SECURITY ASSISTANCE ACT.—The

International Security Assistance Act of 1978

is hereby repealed.

(p) 1977 DEVELOPMENT ASSISTANCE ACT.—

The International Development and Food Assistance Act of 1977 is hereby repealed except

for section 1, section 132(b), and section 133.

(q) 1977 SECURITY ASSISTANCE ACT.—The

International Security Assistance Act of 1977

is hereby repealed.

(r) 1976 SECURITY ASSISTANCE ACT.—The

International Security Assistance and Arms

Export Control Act of 1976 is hereby repealed

except for section 1, section 201(b), section

212(b), section 601, and section 608.

(s) 1975 DEVELOPMENT ASSISTANCE ACT.—

The International Development and Food Assistance Act of 1975 is hereby repealed.

(t) 1975 BIB ACT.—Public Law 94–104 is

hereby repealed.

(u) 1974 ASSISTANCE ACT.—The Foreign Assistance Act of 1974 is hereby repealed.

(v) 1973 EMERGENCY ASSISTANCE ACT.—The

Emergency Security Assistance Act of 1973 is

hereby repealed.

(w) 1973 ASSISTANCE ACT.—The Foreign Assistance Act of 1973 is hereby repealed.

(x) 1971 ASSISTANCE ACT.—The Foreign Assistance Act of 1971 is hereby repealed.

(y) 1971 SPECIAL ASSISTANCE ACT.—The

Special Foreign Assistance Act of 1971 is

hereby repealed.

(z) 1969 ASSISTANCE ACT.—The Foreign Assistance Act of 1969 is hereby repealed except

for the first section and part IV.

(aa) 1968 ASSISTANCE ACT.—The Foreign

Assistance Act of 1968 is hereby repealed.

(bb) 1964 ASSISTANCE ACT.—The Foreign

Assistance Act of 1964 is hereby repealed.
H 5450 CONGRESSIONAL RECORD — HOUSE May 23, 1995

(cc) LATIN AMERICAN DEVELOPMENT ACT.—

The Latin American Development Act is

hereby repealed.

(dd) 1959 MUTUAL SECURITY ACT.—The Mutual Security Act of 1959 is hereby repealed.

(ee) 1954 MUTUAL SECURITY ACT.—Sections

402 and 417 of the Mutual Security Act of 1954

are hereby repealed.

(ff) DEPARTMENT OF STATE AUTHORIZATION

ACT, FISCAL YEARS 1982 and 1983.—Section

109 of the Department of State Authorization

Act, Fiscal Years 1982 and 1983, is hereby repealed.

(gg) DEPARTMENT OF STATE AUTHORIZATION

ACT, FISCAL YEARS 1984 AND 1985.—Sections

1004 and 1005(a) of the Department of State

Authorization Act, Fiscal Years 1984 and

1985, are hereby repealed.

(hh) SAVINGS PROVISION.—Except as otherwise provided in this Act, the repeal by this

Act of any provision of law that amended or

repealed another provision of law does not

affect in any way that amendment or repeal.

TITLE XXXV—EFFECTIVE DATE

SEC. 3501. EFFECTIVE DATE.

Except as otherwise provided in this Act,

this division, and the amendments made by

this division, shall take effect on the date of

the enactment of this Act or October 1, 1995,

whichever occurs later.

The CHAIRMAN. The bill will be considered for amendment under the 5-

minute rule for an initial period of 10

hours.

After that initial period, amendments shall be debatable only as provided in clause 6 of rule XXIII, or section 2 of House Resolution 155. Consideration of the bill for amendment will

not continue beyond 2:30 p.m. on

Thursday, May 25, 1995.

Other than pro forma amendments

for the purpose of debate and amendments en bloc described in section 2 of

the resolution, no amendment to the

committee amendment in the nature of

a substitute, as modified, is in order

unless printed in the CONGRESSIONAL

RECORD.

It shall be in order for the chairman

of the Committee on International Relations or a designee to offer amendments en bloc consisting of printed

amendments or germane modifications

thereto. Those amendments en bloc

shall be considered as read, except that

the modifications shall be reported,

shall not be subject to amendment or

to a demand for a division of the question, and shall be debatable for 10 minutes, equally divided and controlled by

the chairman and ranking minority

member of the Committee on International Relations.

The original proponents of the

amendment offered en bloc shall have

permission to insert statements in the

CONGRESSIONAL RECORD immediately

before the disposition of the amendments en bloc.

Are there any amendments to the

bill?

AMENDMENT OFFERED BY MR. BROWNBACK

Mr. BROWNBACK. Mr. Chairman, I

offer an amendment.

The Clerk read as follows:

Amendment offered by Mr. BROWNBACK: In

section 2101(a)(1) (relating to the Diplomatic

and Consular Programs) strike

‘‘$1,676,903,000’’ and insert ‘‘$1,656,903,000’’.

In section 2101(a)(2) (relating to the Salaries and Expenses) strike ‘‘$355,287,000’’ and

insert ‘‘$335,287,000’’.

In section 2101(a)(4) (relating to Acquisition and Maintenance of Buildings Aboard)

strike ‘‘$391,760,000 for fiscal year 1997’’ and

insert ‘‘$376,760,000 for fiscal year 1997’’.

In section 2101(a)(7) (relating to the Office

of the Inspector General) strike ‘‘$23,469,000

for fiscal year 1997’’ and insert ‘‘$21,469,000

for fiscal year 1997’’.

In section 2101(a)(8) (relating to the Payment to the American Institute in Taiwan)

strike ‘‘$14,710,000’’ and insert ‘‘$13,710,000’’.

In section 2102(a) (relating to the Assessed

Contributions to International Organizations) strike ‘‘$867,050,000’’ and insert

‘‘$828,388,000’’.

In section 2102(b)(1) (relating to the Voluntary Contributions to International Organizations) strike ‘‘$302,920,000’’ and insert

‘‘$290,680,000’’.

In section 2102(c)(1) (relating to Assessed

Contributions for International Peacekeeping) strike ‘‘$345,000,000’’ and insert

‘‘$300,000,000’’.

In section 2102(d)(1) (relating to the Voluntary Contributions to Peacekeeping Operations) strike ‘‘and $68,260,000 for fiscal year

1997’’ and insert ‘‘and $62,260,000 for fiscal

year 1997’’.

In section 2102(e)(1) (relating to the International Conferences and Contingencies)

strike ‘‘$6,000,000’’ and insert ‘‘$5,000,000’’.

In section 2106(1) (relating to Salaries and

Expenses) strike ‘‘$428,080,000’’ and insert

‘‘$407,080,000’’.

In section 2106(3)(A) (relating to Fulbright

Academic Exchange Programs) strike

‘‘$113,680,000’’ and insert ‘‘$93,680,000’’.

In section 2106(3)(F) (relating to Other Programs) strike ‘‘$87,341,400’’ and insert

‘‘$67,341,400’’.

In section 2106(4)(A) (relating to International Broadcasting Activities) strike

‘‘$286,191,000’’ and insert ‘‘$256,191,000’’.

In section 2106(5) (relating to Radio Construction) strike ‘‘$67,647,000’’ and insert

‘‘$57,647,000’’.

In section 2106(9) (relating to the Center

for Cultural and Technical Interchange between East and West) strike ‘‘$10,000,000’’ and

insert ‘‘$8,000,000’’.

In section 2106(10) (relating to the National

Endowment for Democracy) strike

‘‘$34,000,000 for fiscal year 1997’’ and insert

‘‘$32,000,000 for fiscal year 1997’’.

In section 2107(1) (relating to the Arms

Control and Disarmament Agency) strike

‘‘$40,500,000’’ and insert ‘‘$39,500,000’’.

In section 3101 (relating to the Foreign

Military Financing Program) strike

‘‘$3,240,020,000’’ and insert ‘‘$3,226,020,000’’.

In section 3201 (relating to the Economic

Support Fund) strike ‘‘$2,283,478,000’’ and insert ‘‘$2,248,478,000’’.

In section 3221(a)(1) (relating to the Development Assistance Fund) strike ‘‘for each of

fiscal years 1996 and 1997’’ and insert ‘‘for fiscal year 1996 and $745,000,000 for fiscal year

1997’’.

In section 3221(a)(2) (relating to the Development Fund for Africa) strike ‘‘for each of

fiscal years 1996 and 1997’’ and insert ‘‘for fiscal year 1996 and $614,214,000 for fiscal year

1997’’.

In section 3221(a)(3) (relating to the Assistance for Independent States for the Former

Soviet Union) strike ‘‘$650,000,000’’ and insert

‘‘$625,000,000’’.

In section 3221(a)(5) (relating to the InterAmerican Foundation) strike ‘‘$10,000,000’’

and insert ‘‘$7,000,000’’.

In section 3221(a)(6) (relating to the African Development Foundation) strike

‘‘$5,000,000’’ and insert ‘‘$4,000,000’’.

In section 3222(3) (relating to the Operating

Expenses of the Office of the Inspector General) strike ‘‘$31,685,000’’ and insert

‘‘$30,685,000’’.

In section 3261 (relating to the Peace

Corps) strike ‘‘for each of the fiscal years

1966 and 1977’’ and insert ‘‘fiscal year 1996 and

$215,000,000 for fiscal year 1997’’.

Mr. BROWNBACK (during the reading). Mr. Chairman, I ask unanimous

consent that the amendment be considered as read and printed in the RECORD.

The CHAIRMAN. Is there objection

to the request of the gentleman from

Kansas?

There was no objection.

(Mr. BROWNBACK asked and was

given permission to revise and extend

his remarks.)

Mr. BROWNBACK. Mr. Chairman, in

cooperation with the gentleman from

New York [Mr. GILMAN], the chairman,

we are offering this amendment to

bring H.R. 1561 in line with the budget

resolution adopted last week. This

amendment seeks further reductions

and efficiencies without cutting essential functions that would support our

national security, trade, or humanitarian interests.

Members will recall we voted to support $18.2 billion for function 150 spending in fiscal year 1996. Working with

the chairman and the other members of

the Committee on International Relations, we have crafted a bill to cut approximately $1 billion from programs

under our jurisdiction, which, along

with cuts from programs outside our

jurisdiction, reaches the Committee on

the Budget’s targets.

For fiscal year 1997, the Committee

on International Relations cut $1.5 billion from the foreign affairs budget,

but since the Committee on International Relations was preparing this

bill at the same time as the Committee

on the Budget was crafting the budget

resolution, we were not able to conform our numbers to the budget resolution. Therfore, my amendment is necessary to cut an additional $477.9 million from the bill so we can reach the

Committee on the Budget’s mandate

and what this House voted on of $16.8

billion for fiscal year 1997.

There are some very clear and specific reasons why we need to do this.

This amendment is crucial, first of all,

Mr. Chairman, because we are broke. I

want to turn Members’ attention to

the chart I have here which shows just

where we are going with the Federal

debt. We are at nearly $5 trillion today.

Under President Clinton’s proposed

budget, we would get to nearly $7 trillion by the year 2000, and the red ink

continues to pile on. We cannot afford

to continue to spend as much as we

have on any program. That is why we

passed a budget resolution last week

that balances the budget by 2002 so our

kids do not have to pay off our red ink.

That is why we have to bring H.R. 1561

into compliance with that resolution.

b 1600

People on the other side of the aisle

will say that we are isolationists. I

would refute that because of the number of things the Republican Party has
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5451

done over the years to disprove that,

and I would further say we may become

a nation of isolationists if we do not

get our fiscal house in order, because

we are not going to have any more

credit to be able to extend across the

rest of the globe because of being

broke.

There will be those that will say, as

well, that this amendment is an outrage, that we cannot make these types

of cuts, that it will kill U.S. foreign

policy. To them I respond that what is

outrageous to the American people is

that Congress has mindlessly spent

them into debt to the tune of nearly $5

trillion. It is an outrage that we have

left this mortgage on America to our

kids.

I would ask, will it kill foreign policy

if we cut funding to the U.N. Industrial

Development Organization, when we already have provided multilateral development assistance through the World

Bank? Will it kill foreign policy if we

force the State Department to close extraneous consulates and reduce the size

of bloated embassy staffs? Will it kill

foreign policy if we reduce educational

and cultural exchange programs?

We are all going to have to sacrifice

to balance this budget, to be able to

get it in line so we do not sacrifice our

kids because we were not willing to

make the tough choices and the tough

cuts. The sacrifices that we are asking

to recipients of foreign aid are not inordinate, not whatsoever, given our

precarious financial situation and the

mountains and mountains of debt that

we are piling on future generations.

We must sacrifice to achieve fiscal

stability. We must get our own fiscal

house in order for this country to be

strong and grow into the future so our

children can have a foreign policy, so

they can push the initiatives that we

desire rather than paying off our debt.

For that, I think we should ask this of

the recipients of our foreign aid, to

make these responsible and reasonable

cuts.

I submit this amendment, Mr. Chairman. I urge my colleagues to support

and vote for the Brownback amendment. It gets us in line with the budget

resolution passed by this body last

week. It staunches the flow of red ink.

Mr. FARR. Mr. Chairman, I rise in

strong opposition to the Brownback

amendment.

Mr. Chairman, this is not even a pennywise issue. It is an issue that goes to

the very heart of cutting what I think

is one of the most important programs

that this country has to offer, the U.S.

Peace Corps.

The gentleman from New York [Mr.

GILMAN], the chairman, has already reduced the President’s request for the

Peace Corps by $3 million. In tight

times, although I do not like the reduction, I think we can live with that, but

this amendment goes far beyond that.

Now is the time in American history

when we need to strengthen American

awareness and American involvement

in cost-effective ways abroad, and I

think the Peace Corps does that.

Now is the time we need Americans

working in Eastern Europe and South

America, in Eastern Asia. I know, and

nine other colleagues of mine in this

body know what it is like to have been

working in the Peace Corps because we

were all former Peace Corps volunteers.

The 2 years that we spent overseas

really taught us, and I think each of us

and all of the other thousands of returned Peace Corps volunteers have

been able to come home with a language, with an understanding of a culture, with an understanding of foreign

governments, with an understanding of

how to build infrastructure in a costeffective way. Let me give one example.

We talk a lot about foreign aid and

how we are going to try to get the

world community into education. Most

people do not realize that in developing

countries, the youth of those countries

in the rural areas have to deal with the

basic necessities of life. Most of their

time is spent gathering water. Indeed,

if you want to have children go to

school, you have to build a water system, because they are needed for the

labor to support the families.

That is not going to be done by sophisticated foreign aid projects or

international diplomacy. That is going

to be done by people in the very areas,

in the rural areas of this world being

able to work with the people to develop

the self-help programs that they need,

to develop the infrastructure so that

indeed we can have a stabilized world.

Also I would like to mention that the

Peace Corps has been, throughout its

history, strongly supported in a bipartisan fashion. I think to take this partisan amendment and to reduce the

Peace Corps is essentially a blow to the

strongest program that we have had

throughout this world. There is not a

country where the Peace Corps has

served or is being asked to serve that

does not realize the benefit that they

provide in having a two-way system

where volunteers from the United

States of all ages can go and spend 2

years of their life working in a country, and at the same time come back

with the strength of knowing the rest

of the world.

I am in strong support of reauthorizing the program. I regret that it is

going to be even reduced by the $3 million from what the President has requested, but this amendment goes

much further than that. It is very destructive, and I urge its defeat.

Mr. SALMON. Mr. Chairman, I move

to strike the last word.

Mr. Chairman, I yield to the gentleman from Kansas [Mr. BROWNBACK].

Mr. BROWNBACK. Mr. Chairman, I

thank the gentleman from Arizona

[Mr. SALMON] for yielding.

Mr. Chairman, to respond quickly to

the comment on the cuts in the Peace

Corps, which I think is an excellent

program, a very worthwhile program, I

would note in our cuts that we are proposing it is a 2-percent cut in the Peace

Corps. At a time when we have just got

to balance the budget and we cannot

afford to stack more debt on future

generations, I think that is a responsible cut so that our future kids and

our children can be in the Peace Corps

as well.

Mr. SALMON. Mr. Chairman, I urge

support for the well-crafted Brownback

amendment. It is never easy to reduce

Government spending but this amendment protects our top priorities while

meeting our obligations to our children

and our grandchildren to balance the

budget by the year 2002. This amendment protects critical aid to our allies,

Israel and Egypt, and ensures substantial levels of aid to the hungry and the

needy across the world, while acknowledging that given $200 billion annual

deficits, some programs like cultural

exchange programs will have to look

more to the private sector that to taxpayers and to deficit spending.

I urge bipartisan support for the

Brownback amendment.

Mr. Chairman, I yield to the gentleman from Ohio [Mr. CHABOT].

Mr. CHABOT. Mr. Chairman, I thank

the gentleman for yielding.

Mr. Chairman, I commend the gentleman from Kansas [Mr. BROWNBACK]

for this important amendment. The

people of this country spoke loudly and

clearly last November. They clearly

said, ‘‘Balance the budget,’’ and not by

raising taxes but by cutting spending.

One area that the American people

said to cut is foreign aid. While I

strongly agree with the sentiment of

the American people that foreign aid

must be cut, what the gentleman from

Kansas does in this amendment is to

make additional cuts of approximately

$477 million. If we are going to ask

some Americans, for example, those

who are dependent upon welfare, to be

less dependent on the Government,

then surely we must insist that other

countries be less dependent on our Government as well.

I strongly support the Brownback

amendment and I urge its adoption.

Mr. BURTON of Indiana. Mr. Chairman, will the gentleman yield?

Mr. SALMON. I yield to the gentleman from Indiana.

Mr. BURTON of Indiana. Mr. Chairman, I thank the gentleman for yielding.

Mr. Chairman, let me end up by saying when the budget resolution was

passed, it was passed about the same

time we were working on this bill. We

are $477 million short of what the budget resolution requires, so it is really

important that we pass this amendment.

It is going to take the overall foreign

aid cuts down by about $2 billion, but

at a time when the American people

are being asked to bite the bullet as far

as spending is concerned, it is only reasonable to say that we ought to cut foreign spending as well, so the cut of $2

billion and this additional cut of $477

million is in order. I urge my colleagues to support this amendment.
H 5452 CONGRESSIONAL RECORD — HOUSE May 23, 1995

Mr. HAMILTON. Mr. Chairman, I

move to strike the requisite number of

words, and I rise in opposition to the

amendment.

Mr. Chairman, this afternoon the

President said in his news conference

that we should not handcuff the President. ‘‘If this bill passes,’’ he is referring to the bill we are debating now on

the floor, ‘‘if this bill passes in its

present form, I will veto it.’’

I think all of us understand that it

takes the Congress and the President

working together to make American

foreign policy. What we have now is

kind of two ships passing in the night

without dialog, without discussion and

without debate, and we simply are fooling ourselves on this floor if we think

we are making foreign policy. At the

present time we are really engaged in

kind of a political exercise, so far as I

can see.

If this amendment passes, it will only

make more difficult the accommodation that simply has to come about

eventually between the President and

the U.S. Congress in making foreign

policy.

I am fully aware, of course, of the

great popularity of cutting the budget

and of cutting foreign aid. There are

very few among us who do not recognize that that is a popular exercise. I

want to lay out on the record, although

I think I know how the votes fall here,

the impact of this amendment.

Foreign aid has already been cut

since 1985 by 40 percent. All of the foreign affairs agencies have undergone

downsizing, and more downsizing is

scheduled to come this year.

The committee bill that has been reported out unanimously on the majority side already cuts current levels of

foreign assistance by 9 percent. The

Brownback amendment increases that

cut to 12 percent. One really wonders

how far you go in this cutting game

and still be able to maintain a semblance of leadership in the world. If

cutting 12 is good, then why not cut 20,

30, 40, or 50 percent? Why stop now?

This amendment cuts another $58

million from the State Department.

That is on top of $90 million in cuts in

the bill already from 1995 levels. This

amendment cuts 13 percent from an already low authorization for U.N. peacekeeping. We are adding almost weekly

additional burdens on the United Nations for peacekeeping, and we are demanding more and more of the United

Nations while we cut their budget more

and more.

This amendment cuts another 41⁄2

percent from our assessed international organization contributions. It

cuts almost 9 percent from the contributions we make voluntarily for

international peacekeeping, and it

makes further additional cuts in economic assistance, especially development assistance. It would cut development assistance another 13 percent,

and that results in a total cut of nearly

45 percent between fiscal year 1995 and

fiscal year 1997.

I understand that I have thrown a lot

of statistics out, but I hope, in sum,

they convey to Members how deeply

these cuts are impacting, or will impact, American foreign policy and one

of its important tools, the foreign aid

bill.

The New Independent States will

take additional reductions here on top

of the 20 percent from the President’s

fiscal year 1996 request. As my colleague from California has argued, we

will also be cutting the Peace Corps,

one of the most successful programs

that we have had and one that enjoys

overwhelming bipartisan support.

That, then, is the impact. But let me

return to the principal point. The

President has made his position clear.

Are we in this House going to be a part

of the process and work with him for

an accommodation, or are we simply

going to play a political game here

with no real relevance to the foreign

policymaking process?

I urge my colleagues to vote against

this amendment.

b 1615

Miss COLLINS of Michigan. Mr.

Chairman, I move to strike the requisite number of words.

Mr. Chairman, I rise in opposition to

the amendment offered by Representative BROWNBACK. Foreign aid must not

be sacrificed in order to fund the Republican effort to balance the budget

by any means necessary. Just as no

man is an island, no country is isolated. America has always been a leader in foreign relations. We must continue to encourage diplomacy with our

international neighbors.

This amendment will diminish our

leadership in world affairs. U.S. interests and security dictate that we play

a vital role in world affairs. This

amendment will ensure that this legislation serves as a wall between ourselves and other countries.

Foreign aid is in the best interest of

the United States. Maintaining effective aid programs will help developing

countries make gains in health care,

educational opportunities and small

business development. We must be

committed to creating an environment

that promotes fair trade and investment opportunities. This will lead to

sustained economic progress for both

sides.

If we leave our world neighbors in the

lurch it will certainly come back to

haunt us. In a dangerous world, we are

foregoing the protection that foreign

assistance can often provide. This

amendment undercuts our ability to

conduct diplomacy, create new markets, and protect U.S. interests.

Foreign aid programs should not be

singled out to fund the Republican goal

of reducing the Federal budget by any

means necessary. This amendment will

undermine U.S. leadership in the

world. This bill is a step in the wrong

direction.

Mr. Chairman, I urge my colleagues

to oppose this measure.

Mr. BURTON of Indiana. Mr. Chairman, I move to strike the requisite

number of words.

Mr. Chairman, I just want to make a

couple of real brief points. We are

going to be spending $171⁄2 billion, that

is $17.5 billion, in foreign assistance.

Sure, we are cutting $2 billion, but we

are still sending $171⁄2 billion of taxpayers’ money overseas. That is a lot

of money.

For my colleagues who know we are

under severe budgetary constraints, to

say we are not doing enough for the

rest of the world, they need to start

telling us where they think we ought

to cut. We have not had many suggestions from the other side on where to

cut spending. Every time we bring a

bill to the floor that cuts spending to

get us on a trend line to a balanced

budget, everybody starts complaining

and says, oh my gosh, you are going to

hurt these people, and this group and

this group. The fact of the matter is

the people who are getting hurt the

most in the country are the American

taxpayers, because the deficit continues to go up and up and up and the interest on the debt goes up and we have

to do something about it.

So, the $2 billion out of the $19.5 billion we are sending overseas, a $2 billion cut is justifiable. We are not relinquishing our position in the world as

the world leader, we are still helping

wherever we can. We are going to be

helping starving children, we are going

to be helping countries rebuild, we are

going to be helping countries do a lot

of things, but at the same time we are

doing it in a much more responsible

way, we are watching taxpayers’

money and spending taxpayers’ dollar

wisely, and that is the thing we should

be doing.

So when my good friends on the

other side of the aisle start complaining about where we are making these

cuts, I hope everybody will remember

the cuts have to be made. Otherwise we

are going to have a fiscal disaster in

the country in about the next 6 or 7

years. We have to have a balanced

budget by the year 2002. We in the Republican leadership are heading in that

direction, and this is one step that

must be taken.

Mr. BERMAN. Mr. Chairman, I move

to strike the requisite number of

words.

Mr. Chairman, I understand this

amendment would reduce from the

committee-passed bill an additional

$478 million in fiscal year 1997 authorizations. So on top of the $2 billion reduction in the 150 account that the

budget resolution and this bill impose

on our diplomatic and foreign relations

account, the amendment further

squeezes the whole series of accounts

in the foreign affairs budget.

Mr. BURTON of Indiana. Mr. Chairman, will the gentleman yield.

Mr. BERMAN. Sure; I yield to the

gentleman from Indiana.

Mr. BURTON of Indiana. Mr. Chairman, as I understand it, the cut originally proposed is $1.5 billion, and this
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5453

takes us close to $2 billion, so it was

not $2 billion initially, and this takes

us to $477 million more.

Mr. BERMAN. The 150 account covers

the items in this bill and the multilateral banks which are all tools of our

foreign policy interests and the PL–480

program, which is not authorized in

this bill. The 150 function, the most reduced function in the Federal Government over the last 10 years, which accounts for about 1.3 percent of our Federal spending, is being reduced as I understand it by close to $2 billion below

last year’s spending, $3 billion below

the administration’s request, and now

in fiscal year 1997 we have a further

cut.

I do not understand, and I would like

to hear laid out at some point in this

thing just how you think the foreign

relations functions of the Federal Government are going to work to serve

American interests. I listened during

the general debate on this bill to your

colleague from Oregon who said functions run by the Arms Control and Disarmament Agency, functions run by

the Agency for International Development, functions run by the USIA are

irrelevant in the post-cold war era. He

does not think that verification and

monitoring of arms control agreements

has relevance simply because the cold

war has ended? The fact that the republics, that Russia in particular has a

substantial number of nuclear weapons

left, that we are going to try and ratify

and enforce a chemical weapons treaty

to get rid of these functions, he does

not think that radio broadcasts into

totalitarian countries which do not

allow free press still have some relevance, and world is all safe, the cold

war is over?

We know that many of you do not believe that because you are concerned,

understandably and correctly, about

the level of defense spending. We know

what history has brought us. We know

the end of World War I led to just this

kind of dynamic pullout from the

world, go back, Fortress America. We

heard one member of our committee

talk about America First and for once,

as if being involved with an active diplomatic agenda was not putting America first, that this was not all about

serving America’s interests.

We know the history of what happened between the wars. We know what

happened after World War II. We know

that the bipartisan leadership after

World War II decided to do it a different way, and the result was that we

had a long and difficult and expensive

cold war, but ultimately we won it.

But we also know that there are

threats of terrorism and proliferation

and famine and poverty, all of which,

apart from the humanitarian interests,

undermine our own interests in the

strength of future global markets, of

regional stability, of controlling the

proliferation of nuclear weapons, and I

am telling you, I understand your focus

on the deficit. I do not share where you

want to go in the end, but I really

think taking the function of government which has been the most cut for

the past 10 years and thinking you can

through drastic cuts and micromanagement run foreign policy in a way that

maintains America’s international

leadership is terribly mistaken.

I urge this amendment be defeated. I

think this is no longer a bill that just

constrains the cuts to what were originally proposed. You are now going further, slashing even more than the bill

that the committee brought to the

floor, and I urge that the Brownback

amendment be defeated.

Mr. ROHRABACHER. Mr. Chairman,

I move to strike the requisite number

of words.

Mr. BROWNBACK. Mr. Chairman,

will the gentleman yield?

Mr. ROHRABACHER. I yield to the

gentleman from Kansas.

Mr. BROWNBACK. Mr. Chairman, I

thank the gentleman for yielding. I

just point out in response to the last

speaker briefly that was saying that we

are pulling out completely away from

the world, going isolationist on our

policies, that what my amendment proposes is a 3-percent cut overall in the

150 account. A 3-percent cut it seems to

me hardly qualifies for us completely

disengaging in the world, particularly

how engaged the United States is militarily, trade security. And also I would

point out specifically on the Arms Control and Disarmament Agency area

cut, it is an additional $1 million, $1

million cut, which again I do not believe really qualifies for the overstatement the gentleman has given of we

are pulling out of the world.

What these are are targeted, specific

cuts that, what we are trying to get at

is balancing the budget, and if not this

area, then somewhere else.

Mr. ROHRABACHER. Mr. Chairman,

I rise in strong support of the

Brownback amendment. First of all, we

are cutting the budget in order to balance the budget in the long run. And in

doing so, we are cutting domestic programs, not drastically, but we are

making prudent cuts throughout our

domestic programs.

What we are suggesting here is that

American foreign aid and what we give

to others through, for our benevolence

and other reasons, should also be reduced to be fair to our own people during this time of domestic budget cuts.

Overall, as we put the budget together, we plan to cut 9 percent, that is

$1.5 billion, from the spending level

from last year, and the gentleman from

Oregon [Mr. BROWNBACK] is simply adding another 3 percent to that level of

cuts, which leaves us $16.7 billion in aid

left.

In the post-cold-war world that

should make sense to the American

people. If the American people want us

to spend more and more money, more

than $16.7 billion on direct foreign aid,

let me note in terms of our foreign policy and in terms of foreign aid, in

terms of what we are doing overseas,

$16.7 billion outside of the military and

what we are doing in the military

seems like a prudent number.

In the post-cold-war world we do not

have to spend as much as we did in the

cold-war era. That makes sense, and it

is not fair to our own people if we do

not make prudent cuts. And we are not

withdrawing from the world. We are

just saying from now on, because we

bore the whole burden of the cold war,

because we, the American people, decided that we had to protect the world

against communism and yes, before

that, against fascism and Japanese

militarism, and yes, before that,

against the Germans invading Western

Europe, but the fact of the matter is

the American people do not have to

bear all of the burdens of the world any

longer. What we are saying is not isolationism, but that when we are spending

our hard-earned tax dollars we must,

No. 1, make sure that all of those dollars are being spent in the interests of

the United States, and yes, there is a

benevolent interest to the United

States, but in essence we want to make

sure that we are spending money that

is in our interest, and also that the dollars are being spent effectively.

We are spending things in this, even

left in the budget, we are spending

things like for example paying for

birth control for India, at a time when

India ends up spending their money on

developing nuclear weapons. That is

not even cut out of this budget. I will

tell Members if it was up to this Congressman we would cut a lot more out

of the budget. And the gentleman from

Oregon [Mr. BROWNBACK] has been absolutely responsible. I salute him, and

I salute the gentleman from New York

[Mr. GILMAN]. They have done a tremendous job, and I think they are trying to make our foreign aid more effective and they are trying to do what is

in the interests of this country.

The CHAIRMAN. The time of the

gentleman from California [Mr.

ROHRABACHER] has expired.

(On request of Mr. BERMAN, and by

unanimous consent, Mr. ROHRABACHER

was allowed to proceed for 2 additional

minutes.)

Mr. BERMAN. Mr. Chairman, will

the gentleman yield?

Mr. ROHRABACHER. I yield to the

gentleman from California.

Mr. BERMAN. Mr. Chairman, I thank

the gentleman for yielding. We can go

through foreign aid budgets and we can

talk about any specific program, but I

have worked with the gentleman on a

number of issues, and, for instance, I

know of his support and the importance he gives, unlike some of his colleagues, to, for instance, the surrogate

broadcasting, the getting information

into countries where there is not either

a well-developed institutional free

press and broadcasting, or totalitarian

states where they block it.

Mr. ROHRABACHER. That is correct.

Mr. BERMAN. I look at the

Brownback amendment and I say we

started out with a bill that in fiscal

year 1996, $121 million in reductions for
H 5454 CONGRESSIONAL RECORD — HOUSE May 23, 1995

USIA, USIA’s presence abroad cut by 10

percent, a thousand positions in USIA

eliminated. Broadcasting cut by over 10

percent, impairing the agency’s ability

to broadcast to the Middle East, Eastern Europe, the former Soviet Union,

other important areas.

b 1630

Let me just make the last one. Then

under the Brownback amendment, we

cut an additional $10 million for radio

construction.

You and I, I thought, were hoping to

create a support for Radio Free Asia

transmitters, Free Asia transmitters

construction expenses, get radio, get

information into China, $30 million

more in additional cuts, millions for

broadcasting. I feel like I hear a

mechanistic debate. We talk numbers,

only 3 percent, 5 percent.

Mr. ROHRABACHER. Reclaiming my

time, I will give you a better example.

As you know, both of us have worked

together for National Endowment for

Democracy. No one has been a stronger

supporter for National Endowment for

Democracy than I have been. Yet, in

the Brownback amendment, I understand they take another $2 million out

of the NED budget. Yet we are in a situation where we owe it to our own people, even though we have priorities we

would like to spend money on, to cut

moneys out to make them more effective. Cutting the budget does not mean

it is less effectively spent.

Mr. ROTH. Mr. Chairman, I move to

strike the requisite number of words.

You know, this debate that we are

having here today is more than just

about dollars. This debate basically is

about political power. What we are

hearing today is the President down at

the Rose Garden saying that Congress

is going to clip his wings. That is not

true at all.

When our forefathers met in Philadelphia, they set up a Government with

a separation of powers, some powers

delegated to the executive, some to the

judicial, some to the executive, legislative.

Since up to the Second World War,

Congress was always involved in foreign affairs, but during the Second

World War and after, because of the

cold war and the President had to respond quickly, Congress abdicated

these powers to the executive.

What we are saying now basically is

that we are going to take some of these

powers back. So it is not that we are

cutting a billion dollars out of the $17

billion we are shipping overseas, which

is really a pittance, the real issue here

is what is Congress’ role in foreign affairs? What is Congress’ role in foreign

policy?

And we, the more conservative element, are saying Congress should be involved because Congress speaks for the

people, and when our forefathers set up

the Constitution, they said, for example, the President our Executive, can

ask for a declaration of war, but only

Congress can declare war.

All the way down the line we have

certain responsibilities given to the

Congress, certain to the Presidency,

certain to the judiciary, but in the last

50 years Congress has abdicated all of

its powers and given them to the Presidency.

Now, in this particular bill we have

some $17 billion in cuts. The argument

here has been made with the $250 billion deficit, is that too much to ask? I

do not think so. One of reasons the Soviet Union fell, we no longer have the

Soviet Union, it is ancient history, is

because they went bankrupt. Why? Because they spent themselves into bankruptcy.

While we are richer than old Soviet

Union was, the truth of the matter is

we are facing a $4.9 trillion national

debt. We cannot keep going in this direction.

I know it is hard to change. Machiavelli told us that in his famous book

‘‘The Prince,’’ that one of most difficult things to do is change, and we

are changing. But there is still old

thinking, the old mentality of the liberal welfare state; yes, we have welfare

at home and we are going to have welfare overseas.

While we are changing the welfare at

home, why not change the welfare

overseas, too? You know, the only time

a family can help itself and help its

neighbors is when the family is able to

take care of itself. When a family

spends itself into bankruptcy, they

cannot take care of their brothers or

sisters or anyone else down the street.

That is basically what we are saying

here today. We have got to start taking

care of our own problems here at home

or else we will not be able to take care

of anyone’s problems.

We are now to the point, with a $4.9

trillion national debt, that we have got

to stop and say, hey, wait a minute, we

have got to stop and say, hey, wait a

minute, we have got to stop and analyze where we are going.

There is a beautiful book, not a beautiful book but an interesting book,

called ‘‘Wild Ride.’’ You see it on the

newsstand today. It is about that famous Kentucky horse farm, Calumet.

They had so much money they thought

they would never come to the end of

dollars. What happened one day, they

woke up and they were broke. You

know something, when you see what

happened to that farm, it is the same

thing, a metaphor of what is happening

here in the Congress and our own Government.

Let us start taking care of the problems we have got at home. Let us

watch the dollars we have in our pocket because these pockets are empty and

we have got to start analyzing where

our money is going to come from and

how we are going to set our priorities.

There are many areas in this budget,

when we passed the balanced budget on

Thursday, that cut much, much deeper

than we are cutting in foreign aid. We

do not need the crocodile tears on foreign aid. We are still sending billions

overseas, and we are not nearly cutting

as much in foreign aid as we are some

of our domestic programs.

Mr. KASICH. Mr. Chairman, will the

gentleman yield?

Mr. ROTH. I yield to the gentleman

from Ohio.

Mr. KASICH. I just want to take a

minute here and compliment the gentleman from Kansas for trying to get

this overall spending level in 1997 to

concur with the spending level in the

Committee on the Budget resolution,

and I want to associate myself with the

remarks from various speakers who

have risen in support of the amendment offered by the gentleman from

Kansas [Mr. BROWNBACK].

We will still have a very robust program.

The CHAIRMAN. The time of the

gentleman from Wisconsin [Mr. ROTH]

has expired.

(At the request of Mr. KASICH and by

unanimous consent, Mr. ROTH was allowed to proceed for 2 additional minutes.)

Mr. KASICH. If the gentleman will

yield further, we will still have a robust program that will promote U.S.

interests around the world, but, frankly, I think that the foreign aid budget

for too long has represented an awful

lot of interests that are not necessarily

in line with promoting direct U.S. national interests.

Frankly, I think that the foreign aid

bill to a large degree has become a bill

that represents corporate welfare, and

we have a number of changes in this

bill.

This is only part of our attempt to

get in the middle of reform. Frankly,

the multilateral banks are another

area where we will be directing some

change.

But I think that the gentleman from

Kansas is proposing makes good sense,

and, frankly, I would be pretty well

surprised if we did not get strong bipartisan support for this proposal.

I mean, if you are interested in responding to what your constituents

want, which is a tight-fisted, responsible foreign aid budget, you want to

come to the floor and support

BROWNBACK, and this will be able to accomplish our goals around the world,

but do it in a way that is responsive to

hardworking Americans.

So I want to appreciate the gentleman yielding this time to me and

would urge all of my colleagues on

both sides of the aisle to come to the

floor, conform this to the budget resolution, support the Brownback amendment.

Mr. ROTH. I thank the gentleman for

his contribution.

I think it is true when you take a

look at, for example, AID, and the gentleman from Ohio was talking about

corporate welfare, well, we have a lot

of waste, fraud, and abuse in these programs, and if the American people were

voting here today, believe me, they

would have much deeper cuts than we

are asking for.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5455

The President just had a news conference at the Rose Garden. Again, I

want to point this out, he said that the

Congress basically is going to be clipping his wings. He needs more power in

foreign affairs. The truth of the matter

is that he has had all the power in foreign affairs.

The CHAIRMAN. The Committee will

rise informally in order that the House

may receive a message.

MESSAGE FROM THE PRESIDENT

The SPEAKER pro tempore (Mr.

fBURTON of Indiana) assumed the chair.

The SPEAKER pro tempore. The

Chair will receive a message.

MESSAGE FROM THE PRESIDENT

A message in writing from the Presifdent of the United States was communicated to the House by Mr. Edwin

Thomas, one of his secretaries.

The SPEAKER pro tempore. The

Committee will resume its sitting.

fb 1637

AMERICAN OVERSEAS INTERESTS

ACT OF 1995

The committee resumed its sitting.

Mr. GILMAN. Mr. Chairman, I move

to strike the requisite number of

words.

Mr. Chairman, I yield to the gentleman from Kansas [Mr. BROWNBACK].

Mr. BROWNBACK. I thank the distinguished chairman of the Committee

on International Relations.

I just wanted to clarify one other

point, if I could, of what is taking place

here.

There has been some discussion

about Radio Free Asia, and I do not

touch any of the funding for Radio

Free Asia in the amendment that I am

putting in front of this body.

Furthermore, I just would point out

that I think the gentleman from Ohio

[Mr. KASICH] makes some good points

about what has the foreign aid been

used for, at different points in time. Is

it really being used for foreign aid, or

is it being used for some forms of corporate welfare, like Robert Riech, the

Secretary of Labor, has talked about? I

think there is a fair amount, and with

the streamlining with this reasonable

3-percent cut, we can hope to get back

some of that.

Mr. GILMAN. I thank the gentleman

for his remarks, and I urge my colleagues to support the gentleman from

Kansas in order to bring this bill within the budgetary resolution so that we

can move forward.

Mr. FUNDERBURK. Mr. Chairman, I

move to strike the requisite number of

words.

Mr. Chairman, let me first begin my

remarks by complimenting the distinguished chairman of the Committee on

International Relations for bringing to

the floor of the House the first attempt

to change the basic course of American

foreign policy in several decades.

H.R. 1561 does send a message that

America will no longer tolerate nations

who receive the helping hand of the

United States at the same time they

thumb their noses at our generosity by

voting against us at the United Nations.

That said, Mr. Chairman, the Committee on International Relations

needs to do more. America’s foreign

policy structure needs to be overhauled

immediately. The current system is a

relic of the 1950’s and 1960’s.

The State Department is a labyrinth

of competing and overlapping agencies,

offices and bureaus whose redundancy

and waste has hampered our national

interest over the last 30 years. It is up

to this Congress to abolish the residue

of the cold war and bring the State Department in line with the diplomatic

and security needs of the American

people as we head into a new century.

Mr. Chairman, the new Republican

Congress was sent to Washington to

get America’s priorities straight. Last

week we began the glide path toward a

balanced budget. It is not an easy process.

We will eliminate entire Cabinet departments, cut out the welfare programs of the 1960’s, and end most Federal subsidies across the board.

Each of us has heard from students,

seniors, veterans, and farmers in our

districts. Many of them are upset, and

they are looking at this bill. They have

every right to be. How can we go home

and say we are cutting out Commerce,

Energy, and Education and perhaps

HUD, and reducing the size of every

Federal department at the same time

we leave the State Department virtually untouched? Despite what some

in Foggy Bottom and the bureaucracy

there will tell you, will, cuts that are

proposed by the Brownback amendment are not Draconian cuts, and the

cuts which I would suggest that we also

put into the process are not Draconian

cuts.

According to the report the chairman, the gentleman from Ohio [Mr.

KASICH], delivered to the House last

week, the State Department budget

has grown from $1.7 billion in the mid1980’s to $2.6 billion this fiscal year

1995. The Budget Committee’s review

notes that the continued increase in

State Department funding has come

from the growth in salaries and expenses, areas that should be addressed.

We need to wake up the State Department. We need to send the word

that business as usual has ended.

I am sure that some will say that any

cuts in the State Department will hurt

our fight against terrorism and out-ofcontrol immigration. Such cuts will do

no such thing. The way to combat terrorism and immigration abuses is not

to spend more on bureaucrats and diplomatic staff, but it is to boost the morale of our foreign and domestic intelligence agencies, to increase the rapid

response capability of our Armed

Forces, and to lower the numbers of

people who can come to this country at

any one time.

Mr. Chairman, the State Department

employees over 33,000 people. We have

over 300 embassies, consulates, consular agencies, and missions overseas.

The committee bill folds the USIA,

the ACDA, and AID into the State Department, and in that sense the bureaucracy will continue to grow. The

cuts proposed by both the Committee

on International Relations and the

Clinton administration merely accept

the status quo, albeit on a slightly

smaller scale.

As the American people said last

year, the status quo is not good

enough. America’s foreign policy priorities need radical surgery. We can start

the process by cutting the fat at Foggy

Bottom.

We need to tell the American people

we are serious about cutting the budget and we are serious about streamlining and downsizing the bloated bureaucracy at the State Department.

b 1645

AMENDMENT OFFERED BY MR. FUNDERBURK TO

THE AMENDMENT OFFERED BY MR. BROWNBACK

Mr. FUNDERBURK. Mr. Chairman, I

offer an amendment to the amendment.

The Clerk read as follows:

Amendment offered by Mr. FUNDERBURK to

the amendment offered by Mr. BROWNBACK:

In the matter amending section 2101(a)(2) of

the bill (relating to authorizations of appropriations for salaries and expenses of the Department of State) strike ‘‘$355,287,000 for

the fiscal year 1996’’ and insert ‘‘$337,522,265

for the fiscal year 1996 and

The CHAIRMAN. The gentleman

from North Carolina [Mr. FUNDERBURK]

is recognized for 5 minutes in support

of his amendment.

Mr. FUNDERBURK. Mr. Chairman,

this amendment reduces the bill’s authorization level for State Department

salaries and expenses for 5 percent for

the fiscal year 1996.

Mr. Chairman, I feel that since we

are asking the American people to cut

the rate of growth and to cut in actual

expenditures across the board, that the

Gilman and the Brownback bills and

amendments have cut USIA, ACDA,

and AID drastically but have only

asked for a very minimal cut of 1 or 2

percent in the State Department. The

State Department should not be sacrosanct, and I feel, having worked in

the State Department as a U.S. Ambassador overseas for 4 years, that there is

a lot of waste and that we have too

much money being spent in that area,

in the modern age of high technology

and instant communications, and what

we have had and what we have seen

there in the last few years is that,

while other Government agencies and

programs are being cut back or using a

reasonable measure of trying to cut

wasteful expenditures, we have actually had an increase in the building of

consulates in countries where we really

have no major problems and an increase in the building of embassies, and

the salaries have been increasing at too

high a level.

Now most of the people in this country are being asked to tighten their