104TH CONGRESS
2D SESSION
H. R. 4036
AN ACT
Making certain provisions with respect to internationally
recognized human rights, refugees, and foreign relations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Human Rights, Refu-
gee, and Other Foreign Relations Provisions Act of 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—FOREIGN RELATIONS PROVISIONS
Sec. 101. Fees for machine readable visas.
Sec. 102. Report to Congress concerning Cuban emigration policies.
Sec. 103. Extension of certain adjudication provisions.
Sec. 104. Persecution for resistance to coercive population control methods.
Sec. 105. Conduct of certain educational and cultural exchange programs.
Sec. 106. Educational and cultural exchanges and scholarships for Tibetans
and Burmese.
Sec. 107. International Boundary and Water Commission.
TITLE II—FOREIGN ASSISTANCE PROVISIONS
Sec. 201. Human rights reports.
Sec. 202. Assistance for Mauritania.
TITLE I—FOREIGN RELATIONS
PROVISIONS
SEC. 101. FEES FOR MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995 (Public Law 103–
236) is amended—
(1) by striking paragraphs (2) and (3) and in-
serting the following:
‘‘(2) For fiscal years 1996 and 1997, not more
than $150,000,000 in fees collected under the au-
thority of paragraph (1) for each fiscal year shall be
deposited as an offsetting collection to any Depart-
ment of State appropriation to recover the costs of
the Department of State’s border security program,
including the costs of—
‘‘(A) installation and operation of the ma-
chine readable visa and automated name-check
process;
‘‘(B) improving the quality and security of
the United States passport;
‘‘(C) passport and visa fraud investiga-
tions; and
‘‘(D) the technological infrastructure to
support and operate the programs referred to in
subparagraphs (A) through (C).
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 year under para-
graph (2) shall be deposited in the general fund of
the Treasury as miscellaneous receipts.’’; and
(2) by striking paragraph (5).
SEC. 102. REPORT TO CONGRESS CONCERNING CUBAN EMI-
GRATION POLICIES.
Beginning 3 months after the date of the enactment
of this Act and every subsequent 6 months, the Secretary
of State shall include in the monthly report to Congress
entitled ‘‘Update on Monitoring of Cuban Migrant Return-
ees’’ additional information concerning the methods em-
ployed 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 returned to Cuba pursuant to the Unit-
ed States-Cuba agreement of May 1995.
SEC. 103. EXTENSION OF CERTAIN ADJUDICATION PROVI-
SIONS.
The Foreign Operations, Export Financing, and Re-
lated 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 ‘‘Oc-
tober 1, 1996’’ each place it appears and insert-
ing ‘‘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’’.
SEC. 104. PERSECUTION FOR RESISTANCE TO COERCIVE
POPULATION CONTROL METHODS.
(a) DEFINITION OF REFUGEE.—
(1) 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 in-
voluntary sterilization, or who has been persecuted
for failure or refusal to undergo such a procedure or
for other resistance to such forced procedures, shall
be deemed to have been persecuted on account of po-
litical opinion, and a person who has a well founded
fear that he or she will be forced to undergo such
a procedure or subject to persecution for such fail-
ure, refusal, or resistance shall be deemed to have a
well founded fear of persecution on account of politi-
cal opinion.’’.
(2) Not later than 90 days after the end of
each fiscal year, the Attorney General shall submit
a report to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate describing the number and
countries of origin of aliens granted refugee status
or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such re-
port shall also contain projections regarding the
number and countries of origin of aliens that are
likely to be granted refugee status or asylum for the
subsequent 2 fiscal years.
(b) NUMERICAL LIMITATION.—Section 207(a) of the
Immigration and Nationality Act (8 U.S.C. 1157(a)) is
amended by adding at the end the following new para-
graph:
‘‘(5) For any fiscal year, not more than a total of
1,000 refugees may be admitted under this subsection or
granted asylum under section 208 pursuant to a deter-
mination under the third sentence of section 101(a)(42)
(relating to persecution for resistance to coercive popu-
lation control methods).’’.
(c) CONTINGENT REPEALER.—Subsections (a) and
(b) of this section and the amendments made by such sub-
sections shall not take effect and this section and such
amendments are repealed whenever the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996
is enacted into law (whether before, on, or after the date
of the enactment of this Act).
SEC. 105. CONDUCT OF CERTAIN EDUCATIONAL AND CUL-
TURAL EXCHANGE PROGRAMS.
In carrying out programs of educational and cultural
exchange in countries whose people do not fully enjoy free-
dom and democracy (including but not limited to China,
Vietnam, Cambodia, Tibet, and Burma), the Director of
the United States Information Agency shall take appro-
priate steps to provide opportunities for participation in