I
104TH CONGRESS
2D SESSION
H. R. 4036
To strengthen the protection of internationally recognized human rights.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 5, 1996
Mr. SMITH of New Jersey (for himself and Mr. GILMAN) introduced the fol-
lowing bill; which was referred to the Committee on International Rela-
tions, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To strengthen the protection of internationally recognized
human rights.
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 Res-
toration 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 President
shall submit a report to the appropriate congressional
committees concerning the methods employed by the Gov-
ernment of Cuba to enforce the United States-Cuba agree-
ment 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. 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.
Section 101(a)(42) of the Immigration and National-
ity 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 pop-
ulation control program, shall be deemed to have been per-
secuted 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. 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
such programs to human rights and democracy leaders of
such countries.
SEC. 106. EDUCATIONAL AND CULTURAL EXCHANGES AND
SCHOLARSHIPS FOR TIBETANS AND BUR-
MESE.
(a) ESTABLISHMENT OF EDUCATIONAL AND CUL-
TURAL EXCHANGE FOR TIBETANS.—The Director of the
United States Information Agency shall establish pro-
grams of educational and cultural exchange between the
United States and the people of Tibet. Such programs
shall include opportunities for training and, as the Direc-
tor considers appropriate, may include the assignment of
personnel and resources abroad.
(b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—
(1) For fiscal year 1997, at least 30 scholar-
ships 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 In-
formation 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 tui-
tion and fees to attend an educational institution,
and may include fees, books, and supplies, equip-
ment required for courses at an educational institu-
tion, living expenses at a United States educational
institution, and travel expenses to and from, and
within, the United States.
SEC. 107. INTERNATIONAL BOUNDARY AND WATER COM-
MISSION.
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 States-Mexico,
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.’’.
TITLE II—FOREIGN ASSISTANCE
PROVISIONS
SEC. 201. HUMAN RIGHTS REPORTS.
(a) SECTION 116 REPORT.—Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is
amended—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (3) as para-
graph (5); and
(3) by inserting after paragraph (2) the follow-
ing new paragraphs:
‘‘(3) the votes of each member of the United
Nations Commission on Human Rights on all coun-
try-specific and thematic resolutions voted on at the
Commission’s annual session during the period cov-
ered during the preceding year;
‘‘(4) the extent to which each country has ex-
tended 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 re-
port 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. 202. ASSISTANCE FOR MAURITANIA.
(a) PROHIBITION.—The President may not provide
economic assistance, military assistance or arms transfers
to the Government of Mauritania unless the President cer-
tifies to the Congress that such Government has taken ap-
propriate action to eliminate chattel slavery in Mauritania,
including—
(1) the enactment of anti-slavery laws that pro-
vide appropriate punishment for violators of such
laws; and
(2) the rigorous enforcement of such laws.
(b) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) ECONOMIC
ASSISTANCE.—The term ‘‘eco-
nomic assistance’’ means any assistance under part
I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), except that such term does not in-
clude humanitarian assistance.
(2) MILITARY
ASSISTANCE
OR
ARMS
TRANS-
FERS.—The term ‘‘military assistance or arms
transfers’’ means—
(A) assistance under chapter 2 of part II
of the Foreign Assistance Act of 1961 (22
U.S.C. 2311 et seq.; relating to military assist-
ance), including the transfer of excess defense
articles under sections 516 through 519 of that
Act (22 U.S.C. 2321j through 2321m);
(B) assistance under chapter 5 of part II
of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.; relating to international
military education and training);
(C) assistance under the ‘‘Foreign Military
Financing Program’’ under section 23 of the
Arms Export Control Act (22 U.S.C. 2763); or
(D) the transfer of defense articles, de-
fense services, or design and construction serv-
ices under the Arms Export Control Act (22
U.S.C. 2751 et seq.), including defense articles
and defense services licensed or approved for
export under section 38 of that Act (22 U.S.C.
2778).
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