[Congressional Record Volume 141, Number 85 (Monday, May 22, 1995)]
[House]
[Pages H5374-H5378]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


                               AMENDMENTS

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

                               H.R. 1561

                        Offered by: Mr. Bereuter

       Amendment No. 3: In section 2104(a)(1(A) (relating to 
     authorizations of appropriations for migration and refugee 
     assistance) strike ``$560,000,000'' and insert 
     ``$590,000,000''.
       In section 2104 strike subsection (a)(4), subsection (b), 
     and subsection (d).
       In section 2104 redesignate subsection (c) as subsection 
     (b).

                               H.R. 1561

                        Offered by: Mr. Bereuter

       Amendment No. 4: In section 3241 of the bill strike all and 
     insert the following.
       Section 204(a) of the Agricultural Trade Development and 
     Assistant 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, is not less than 2,050,000 metric tons''; and
       (2) in paragraph (2)(E), by striking ``for fiscal year 
     1995'' and inserting ``for each of the fiscal years 1995 
     through 1997''.

                               H.R. 1561

                       Offered by: Mr. Brownback

       Amendment No. 5: 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 Abroad) 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 
     ``$302,902,000'' 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 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 ``$113,680,800'' and insert 
     ``$93,680,800''.
       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 the 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 the 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 of the Former Soviet Union) strike 
     ``$650,000,000'' and insert ``$625,000,000''.
       In section 3221(a)(5) (relating to the Inter-American 
     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 3232(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 ``for 
     fiscal year 1996 and $215,000,000 for fiscal year 1997''.
                               H.R. 1561

                   Offered By: Mr. Burton of Indiana

       Amendment No. 6: At the end of title XXXIII (relating to 
     regional provisions), add the following new section:

     SEC. 3314. ASSISTANCE FOR INDIA.

       (a) Findings.--The Congress finds the following:
       (1) In India, tens of thousands of political prisoners, 
     including prisoners of conscience, are being held without 
     charge or trial under special or preventive detention laws.
       (2) The special and preventive detention laws most 
     frequently cited by human rights organizations are the 
     Terrorist and Disruptive Activities (Prevention) Act (TADA) 
     of 1987, the National Security Act of 1980, the Armed Forces 
     (Punjab and Chandigarh) Special Powers Act of 1983, the Armed 
     Forces (Jammu and Kashmir) Special Powers Act of 1990, and 
     the Jammu and Kashmir Public Safety Act of 1978.
       (3) These laws provide the military and police forces of 
     India sweeping powers of arrest and detention with broad 
     powers to shoot to kill with virtual immunity from 
     prosecution.
       (4) These laws contravene important international human 
     rights standards established under the International Covenant 
     on Civil and Political Rights, to which India is a party, 
     such as the right of liberty and security, the right to a 
     fair trial, the right to freedom of expression, and the right 
     not to be subjected to torture or arbitrary arrest and 
     detention.
       (5) Throughout India, political detainees are often held 
     for several months, and in some cases a year, without access 
     to family, friends, or legal counsel.
       (6) Throughout India, the torture of detainees has been 
     routine, and scores of people have died in police and 
     military custody as a result. [[Page H5375]] 
       (7) Throughout India, scores of political detainees have 
     ``disappeared'' and hundreds of people are reported to have 
     been extrajudicially executed by military and police forces.
       (8) In Punjab, the Punjab Government encouraged 
     extrajudicial executions by offering bounties for the killing 
     of militants and paid over 41,000 such bounties between 1991 
     and 1993.
       (9) Abuses by the military and police forces of India are 
     particularly widespread in the states of
      Punjab, Assam, Manipur, Nagaland, and the portion of the 
     disputed territory of Jammu and Kashmir under the control 
     of the Government of India.
       (10) Many victims come from underprivileged and vulnerable 
     sections of society of India, particularly the scheduled 
     castes and tribes.
       (11) The establishment of the National Human Rights 
     Commission by the Government of India is an important first 
     step toward improving the human rights record of India.
       (12) However, many human rights organizations are deeply 
     concerned about the severe limitations placed on the powers, 
     mandate, and methodology of the National Human Rights 
     Commission.
       (13) In 1994, the decision by the Government of India to 
     allow the International Committee of the Red Cross to provide 
     limited humanitarian assistance in the portion of the 
     disputed territory of Jammu and Kashmir under the control of 
     the Government of India was an important first step in 
     providing international humanitarian organizations greater 
     access to troubled areas of India.
       (14) However, in 1994, the Government of India continued to 
     prohibit several international human rights organizations 
     from conducting independent investigations in the portion of 
     the disputed territory of Jammua and Kashmir under the 
     control of the Government of India and provided only limited 
     access to such organizations to other states such as Punjab, 
     Assam, Manipur, and Nagaland where significant human rights 
     problems exist.
       (15) In India, armed opposition groups have committed human 
     rights abuses.
       (16) Several human rights organizations have called on such 
     armed opposition groups to respect basic standards of 
     humanitarian law which require that individuals not taking 
     part in hostilities should at all times be treated humanely.
       (b) Limitation on Development Assistance.--
       (1) Limitation.--The President may not provide development 
     assistance for India for any fiscal year unless the President 
     transmits to the Congress a report containing a certification 
     for such fiscal year that the Government of India meets the 
     following requirements:
       (A) The Government of India has released all prisoners of 
     conscience in India.
       (B) The Government of India ensures that all political 
     prisoners in India are brought to trial promptly and fairly, 
     or released, and have
      prompt access to legal counsel and family members.
       (C) The Government of India has eliminated the practice of 
     torture in India by the military and police forces.
       (D) The Government of India impartially investigates all 
     allegations of torture and deaths of individuals in custody 
     in India.
       (E) The Government of India has established the fate or 
     whereabouts of all political detainees in India who have 
     ``disappeared''.
       (F) The Government of Indian brings to justice those 
     members of the military and police forces responsible for 
     torturing or improperly treating prisoners in India.
       (G) The Government of India permits citizens of India who 
     are critical of such Government to travel abroad and return 
     to India.
       (H) The Government of India ensures that human rights 
     monitors in India are not targeted for arrest or harassment 
     by the military and police forces of India.
       (I) The Government of India permits both international and 
     domestic human rights organizations and international and 
     domestic television, film, and print media full access to all 
     states in India where significant human rights problems 
     exist.
       (2) Requirement for continuing compliance.--Any 
     certification with respect to the Government of India for a 
     fiscal year under paragraph (1) shall cease to be effective 
     for that fiscal year if the President transmits to the 
     Congress a report containing a determination that such 
     Government has not continued to comply with the requirements 
     contained in subparagraphs (A) through (I) of such paragraph.
       (3) Waiver.--The limitation on development assistance for 
     India contained in paragraph (1) shall not apply if the 
     President transmits to the Congress a report containing a 
     determination that providing such assistance for India is in 
     the national security interest of the United States.
       (4) Definitions.--As used in this section:
       (A) Development assistance.--The term ``development 
     assistance'' means assistance under chapter 1 of part I of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
       (B) India.--The term ``India'' includes the portion of the 
     disputed territory of Jammu and Kashmir under the control of 
     the Government of India.
       (5) Effective date.--The prohibition contained in paragraph 
     (1) shall apply with respect to the provision of development 
     assistance beginning 9 months after the date of the enactment 
     of this Act.
                               H.R. 1561

                   Offered By: Mr. Burton of Indiana

       Amendment No. 7. At the end of title XXXIII (relating to 
     regional provisions), add the following new section:

     SEC. 3314. ASSISTANCE OF 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 be furnished to 
     Pakistan and'' and inserting ``(1) Except as provided in 
     paragraph (2),'';
       (2) by striking ``assistance is to be furnished or''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The prohibition on the sale or transfer of military 
     equipment or technology contained in paragraph (1) shall not 
     apply with respect to military equipment or technology sold 
     to Pakistan pursuant to agreements between the United States 
     and Pakistan entered into before September 30, 1990.''.

                               H.R. 1561

                   Offered By: Mr. Burton of Indiana

       Amendment No. 8. In paragraph (1) of section 3221(a) 
     (relating to authorization of appropriations for development 
     assistance fund), strike ``$858,000,000'' and insert 
     ``$650,000,000''.

                               H.R. 1561

                   Offered By: Mr. Burton of Indiana

       Amendment No. 9. In section 3231 of the bill (in section 
     667(a)(1) of the Foreign Assistance Act of 1961, as proposed 
     to be amended by such section 3231; relating to operating 
     expenses of the United States Agency for International 
     Development), strike ``$465,774,000'' and insert 
     ``$396,770,250'' and strike ``$419,196,000'' and insert 
     $396,770,250''.
                               H.R. 1561

                   Offered By: Mr. Burton of Indiana

       Amendment No. 10: In paragraph (3) of section 3417(d) 
     (relating to prohibition on assistance to countries that 
     consistently oppose the United States position in the United 
     Nations General Assembly), insert after the matter preceding 
     subparagraph (A) the following new subparagraph (and 
     redesignate subsequent subparagraphs accordingly):
       (A) chapter 1 of part I of the Foreign Assistance Act of 
     1961 (relating to development assistance),

                               H.R. 1561

                   Offered By: Mr. Burton of Indiana

       Amendment No. 11: At the end of chapter 3 of title XXXII 
     (relating development assistance), add the following new 
     subchapter:

    Subchapter C--Personnel of Agency for International Development

     SEC. 3236. LIMITATION ON NUMBER OF PERSONNEL.

       On and after February 28, 1997, the number of individuals 
     authorized to be employed by the Agency for International 
     Development (excluding temporary and intermittent employees), 
     as determined on a full time equivalent basis, and the number 
     of individuals serving with such Agency under a personal 
     service contract, shall not exceed 7,054.

                               H.R. 1561

                         Offered By: Mr. Lantos

       Amendment No. 12: After section 3211, insert the following 
     new section:

     SEC. 3212. CENTRAL ASIAN ENTERPRISE FUND.

       Notwithstanding section 201(d)(3)(A) of the Support for 
     East European Democracy (SEED) Act of 1989 (22 U.S.C. 
     5421(d)(3)(A)), the Central Asian-American Enterprise Fund 
     may, in lieu of the appointment of citizens of the host 
     countries to its Board of Directors, establish an advisory 
     council for the host region comprised of citizens of each of 
     the host countries or establish separate advisory councils 
     for each of the host countries, with which such Fund shall 
     periodically consult with respect to the Fund's policies and 
     proposed activities. Such host country citizens shall satisfy 
     the experience and expertise requirements set forth in 
     section 201(d)(3)(A) and (d)(3)(C) of that Act.
                               H.R. 1561

                       Offered By: Mr. Livingston

       Amendment No. 13. Strike section 348(e); strike section 
     2101(a)(1)(B); strike section 2101(a)(2)(B); strike section 
     2102(b)(2)(A); strike section 2102(b)(2)(B); strike section 
     2102(b)(2)(C); strike section 2102(b)(2)(D); strike section 
     2102(b)(2)(E); strike section 2102(b)(2)(G); strike section 
     2106(4)(B); strike section 2106(4)(C); strike section 3222; 
     and strike section 3227.

                  Amendment to H.R. 1561, as Reported

                  Offered By: Mr. McInnis of Colorado

       Amendent No. 14. In section 2644 (relating to further steps 
     to promote United States security and political interests 
     with respect to North Korea) by striking paragraph (1) and 
     inserting the following:
       (1) action by the Government of North Korea to engage in a 
     North-South dialogue with the Government of the Republic of 
     Korea to facilitate progress toward--
       (A) holding a North Korea-South Korea Summit;
       (B) resuming North-South joint military discussions 
     regarding steps to reduce tensions between North and South 
     Korea;
       (C) expanding trade relations between North and South 
     Korea;
       (D) promoting freedom of travel between North and South 
     Korea by citizens of both North and South Korea;
       (E) cooperating in science and technology, education, the 
     arts, health, sports, the environment, publishing, 
     journalism, and other fields of mutual interest;
       (F) establishing postal and telecommunications services 
     between North and South Korea; and [[Page H5376]] 
       (G) reconnecting railroads and roadways between North and 
     South Korea;
                               H.R. 1561

                        Offered By: Mr. McInnis

       Amendment No. 15 Strike chapter 2 (relating to the United 
     States--North Korea Agreed Framework) of title XXVI (relating 
     to foreign policy provisions) and insert the following:

CHAPTER 2--NORTH-SOUTH DIALOGUE ON THE KOREAN PENINSULA AND THE UNITED 
                  STATES-NORTH KOREA AGREED FRAMEWORK

     SEC. 2641. FINDINGS.

       The Congress makes the following findings:
       (1) The Agreed Framework Between the United States and the 
     Democratic People's Republic of Korea of October 21, 1994, 
     states in Article III, paragraph (2), that ``[t]he DPRK will 
     consistently take steps to implement the North-South Joint 
     Declaration on the Denuclearization of the Korean 
     Peninsula''.
       (2) The Agreed Framework also states the ``[t]he DPRK will 
     engage in North-South dialogue, as this Agreed Framework will 
     help create an atmosphere that promotes such dialogue''.
       (3) The two agreements entered into between North and South 
     Korea in 1992, namely the North-South Denuclearization 
     Agreement and the Agreement on Reconciliation, Nonaggression 
     and Exchanges and Cooperation, provide an existing and 
     detailed framework for dialogue between North and South 
     Korea.
       (4) The North Korean nuclear program is just one of the 
     lingering threats to peace on the Korean Peninsula.
       (5) The reduction of tensions between North and South Korea 
     directly serve United States interests, given the substantial 
     defense commitment of the United State to South Korea and the 
     presence on the Korean Peninsula of United States troops.

     SEC. 2642. STEPS TOWARD NORTH-SOUTH DIALOGUE ON THE KOREAN 
                   PENINSULA.

       It is the sense of the Congress that--
       (1) substantive dialogue between North and South Korea is 
     vital to the implementation of the Agreed Framework Between 
     the United States and North Korea, dated October 21, 1994; 
     and
       (2) together with South Korea and other concerned allies, 
     and in keeping with the spirit and letter of the 1992 
     agreements between North and South Korea, the President 
     should pursue measures to reduce tensions between North and 
     South Korea and should facilitate progress toward--
       (A) holding a North Korea-South Korea summit;
       (B) initiating mutual nuclear facility inspections by North 
     and South Korea;
       (C) establishing liaison offices in both North and South 
     Korea;
       (D) resuming a North-South joint military discussion 
     regarding steps to reduce tensions between North and South 
     Korea;
       (E) expanding trade relations between North and South 
     Korea;
       (F) promoting freedom to travel between North and South 
     Korea by citizens of both North and South Korea;
       (G) cooperating in science and technology, education, the 
     arts, health, sports, the environment, publishing, 
     journalism, and other fields of mutual interest;
       (H) establishing postal and telecommunications services 
     between North and South Korea; and
       (I) reconnecting railroads and roadways between North and 
     South Korea.
     SEC. 2643. REPORT TO CONGRESS.

       Beginning 3 months after the date of enactment of this Act, 
     and every 6 months thereafter, the President shall transmit 
     to the appropriate congressional committees a report setting 
     forth the progress made in carrying out section 2642.

     SEC. 2644. DEFINITIONS.

       As used in this chapter--
       (1) the term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives;
       (2) the term ``North Korea'' means the Democratic People's 
     Republic of Korea; and
       (3) the term ``South Korea'' means the Republic of Korea.

                               H.R. 1561

                        Offered By: Ms. McKinney

       Amendment No. 16. After chapter 5 of title XXXI of the 
     bill, insert the following new chapter (and redesignate the 
     subsequent chapter accordingly and make other appropriate 
     conforming amendments):

               CHAPTER 6--ARMS TRANSFERS CODE OF CONDUCT

     SEC. 3174. SHORT TITLE.

       This chapter may be cited as the ``Code of Conduct on Arms 
     Transfer Act of 1995''.

     SEC. 3175. FINDINGS.

       The Congress finds the following:
       (1) Approximately 40,000,000 people, over 75 percent 
     civilians, died as a result of civil and international wars 
     fought with conventional weapons during the 45 years of the 
     cold war, demonstrating that conventional weapons can in fact 
     be weapons of mass destruction.
       (2) Conflict has actually increased in the post cold war 
     era, with 34 major wars in progress during 1993.
       (3) War is both a human tragedy and an ongoing economic 
     disaster affecting the entire world,
      including the United States and its economy, because it 
     decimates both local investment and potential export 
     markets.
       (4) International trade in conventional weapons increases 
     the risk and impact of war in an already over-militarized 
     world, creating far more costs than benefits for the United 
     States economy through increased United States defense and 
     foreign assistance spending and reduced demand for United 
     States civilian exports.
       (5) The newly established United Nations Register of 
     Conventional Arms can be an effective first step in support 
     of limitations on the supply of conventional weapons to 
     developing countries and compliance with its reporting 
     requirements by a foreign government can be an integral tool 
     in determining the worthiness of such government for the 
     receipt of United States military assistance and arms 
     transfers.
       (6) It is in the national security and economic interests 
     of the United States to reduce dramatically the 
     $1,038,000,000,000 that all countries spend on armed forces 
     every year, $242,000,000,000 of which is spent by developing 
     countries, an amount equivalent to 4 times the total 
     bilateral and multilateral foreign assistance such countries 
     receive every year.
       (7) According to the Congressional Research Service, the 
     United States supplies more conventional weapons to 
     developing countries than all other countries combined, 
     averaging $14,956,000,000 a year in agreements to supply such 
     weapons to developing countries since the end of the cold 
     war, compared to $7,300,000,000 a year in such agreements 
     prior to the dissolution of the Soviet Union.
       (8) In recent years the vast majority of United States arms 
     transfers to developing countries are to countries with an 
     undemocratic form of government whose citizens, according to 
     the Department of State Country Reports on Human Rights 
     Practices do not have the ability to peaceably change their 
     form of government.
       (9) Although a goal of United States foreign policy should 
     be to work with foreign governments and international 
     organizations to reduce militarization and dictatorship and 
     therefore prevent conflicts before they arise, during 4 
     recent deployments of United States Armed Forces--to the 
     Republic of Panama, the Persian Gulf, Somalia, and Haiti--
     such Armed Forces faced conventional weapons that had been 
     provided or financed by the United States to undemocratic 
     governments.
       (10) The proliferation of conventional arms and conflicts 
     around the globe are multilateral problems, and the fact that 
     the United States has emerged as the world's primary seller 
     of conventional weapons, combined with the world leadership 
     role of the United States, signifies that the United States 
     is in a position to seek multilateral restraints on the 
     competition for and transfers of conventional weapons.
       (11) The Congress has the constitutional responsibility to 
     participate with the executive branch in decisions to provide 
     military assistance and arms transfers to a foreign 
     government, and in the formulation of a policy designed to 
     reduce dramatically the level of international 
     militarization.
       (12) A decision to provide military assistance and arms 
     transfers to a government that is undemocratic, does not 
     adequately protect human rights, is currently engaged in acts 
     of armed aggression, or is not fully participating in the 
     United Nations Register of Conventional Arms, should require 
     a higher level of scrutiny than does a decision to provide 
     such assistance and arms transfers to a government to which 
     these conditions do not apply.
     SEC. 3176. PURPOSE.

       The purpose of this chapter is to provide clear policy 
     guidelines and congressional responsibility for determining 
     the eligibility of foreign governments to be considered for 
     United States military assistance and arms transfers.

     SEC. 3177. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   AND ARMS TRANSFERS TO CERTAIN FOREIGN 
                   GOVERNMENTS.

       (a) Prohibition.--Except as provided in subsections (b) and 
     (c), beginning on and after October 1, 1996, United States 
     military assistance and arms transfers may not be provided to 
     a foreign government for a fiscal year unless the President 
     certifies to the Congress for that fiscal year that such 
     government meets the following requirements:
       (1) Promotes democracy.--Such government--
       (A) was chosen by and permits free and fair elections:
       (B) promotes civilian control of the military and security 
     forces and has civilian institutions controlling the policy, 
     operation, and spending of all law enforcement and security 
     institutions, as well as the armed forces;
       (C) promotes the rule of law, equality before the law, and 
     respect for individual and minority rights, including freedom 
     to speak, publish, associate, and organize; and
       (D) promotes the strengthening of political, legislative, 
     and civil institutions of democracy, as well as autonomous 
     institutions to monitor the conduct of public officials and 
     to combat corruption.
       (2) Respects human rights.--Such government--
       (A) does not engage in gross violations of internationally 
     recognized human rights, including--
       (i) extra judicial or arbitrary executions;
       (ii) disappearances;
       (iii) torture or severe mistreatment;
       (iv) prolonged arbitrary imprisonment;
       (v) systematic official discrimination on the basis of 
     race, ethnicity, religion, gender, national origin, or 
     political affiliation; and [[Page H5377]] 
       (vi) grave breaches of international laws of war or 
     equivalent violations of the laws of war in internal 
     conflicts;
       (B) vigorously investigates, disciplines, and prosecutes 
     those responsible for gross violations of internationally 
     recognized human rights;
       (C) permits access on a regular basis to political 
     prisoners by international humanitarian organizations such as 
     the International Committee of the Red Cross;
       (D) promotes the independence of the judiciary and other 
     official bodies that oversee the protection of human rights;
       (E) does not impede the free functioning of domestic and 
     international human rights organizations; and
       (F) provides access on a regular basis to humanitarian 
     organizations in situations of conflict or famine.
       (3) Not engaged in certain acts of armed aggression.--Such 
     government is not currently engaged in acts of armed 
     aggression in violation of international law.
       (4) Full participation in u.n. register of conventional 
     arms.--Such government is fully participating in the United 
     Nations Register of Conventional Arms.
       (b) Requirement for Continuing Compliance.--Any 
     certification with respect to a foreign government for a 
     fiscal year under subsection (a) shall cease to be effective 
     for that fiscal year if the President certifies to the 
     Congress that such government has not continued to comply 
     with the requirements contained in paragraphs (1) through (4) 
     of such subsection.
       (c) Exemptions.--The prohibition contained in subsection 
     (a) shall not apply with respect to a foreign government for 
     a fiscal year if--
       (1)(A) the President submits a request for an exemption to 
     the Congress containing a determination that it is in the 
     national security interest of the United States to provide 
     military assistance and arms transfer to such government; and
       (B) the Congress enacts a law approving such exemption 
     request (including a law containing an approval of such a 
     request); or
       (2) the President determines that an emergency exists under 
     which it is vital to the interest of the United States to 
     provide military assistance and arms transfer to such 
     government.
       (d) Notifications to Congress.--
       (1) In general.--The President shall submit to the Congress 
     initial certifications under subsection (a) and requests for 
     exemptions under subsection (c)(1) in conjunction with the 
     submission of the annual request for enactment of 
     authorizations and appropriations for foreign assistance 
     programs for a fiscal year and shall, where appropriate, 
     submit additional or amended certifications and requests for 
     exemptions at any time thereafter in the fiscal year.
       (2) Determination with respect to emergency situations.--
     The President shall submit to the Congress at the earliest 
     possible date reports containing determinations with respect 
     to emergencies under subsection (c)(2). Each such report 
     shall contain a description of--
       (A) the nature of the emergency;
       (B) the type of military assistance and arms transfers 
     provided to the foreign government; and
       (C) the cost to the United States of such assistance and 
     arms transfers.

     SEC. 3178. SENSE OF THE CONGRESS.

       It is the sense of the Congress that the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate should hold 
     hearings on--
       (1) controversial certifications submitted under section 
     3177(a)'
       (2) all requests for exemptions submitted under section 
     3177(c)(1); and
       (3) all determinations with respect to emergencies under 
     section 3177(c)(2).

     SEC. 3179. UNITED STATES MILITARY ASSISTANCE AND ARMS 
                   TRANSFERS DEFINED.

       For purposes of this chapter, the terms ``United States 
     military assistance and arms transfers'' and ``military 
     assistance and arms transfers'' means--
       (1) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (relating to military assistance), 
     including the transfer of excess defense articles under 
     section 516 of that Act;
       (2) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (relating to international military 
     education and training); or
       (3) the transfer of defense articles, defense services, or 
     design and construction services under the Arms Export 
     Control Act (excluding any transfer or other assistance under 
     section 23 of such Act), including defense articles and 
     defense services licensed or approved for export under 
     section 38 of that Act.
                               H.R. 1561

                          Offered By: Mr. Mica

       Amendment No. 17: At the end of division A insert the 
     following new title:

 TITLE VI--REORGANIZATION OF UNITED STATES EXPORT PROMOTION AND TRADE 
                               ACTIVITIES

     SEC. 601. PLAN FOR REORGANIZATION OF UNITED STATES EXPORT 
                   PROMOTION AND TRADE ACTIVITIES.

       (a) Findings.--The Congress makes the following findings:
       (1) Supporting American businesses overseas and assisting 
     United States exporters to identify market opportunities is 
     of increasing importance to America's economic health and 
     competitiveness, and to the well-being of American workers.
       (2) At least 18 different government-sponsored 
     organizations or agencies spending over $3,300,000,000 exist 
     to provide support to American exporters and international 
     businesses. In the past, poor coordination among these 
     organizations and a lack of accessibility often hindered the 
     effectiveness of the Government's trade promotion activities.
       (3) Recent efforts to improve coordination between many of 
     these organizations and to increase their availability to 
     exporters around the country were begun through the Trade 
     Promotion Coordination Council. These efforts appear to have 
     generated some improvement in the Government's trade 
     promotion capabilities.
       (4) Broader governmentwide reform efforts and future 
     funding questions currently being addressed in Congress may 
     affect different trade promotion organizations to varying 
     degrees.
       (b) Report Required.--In order to fully assess the 
     organizational structure, capability, and spending levels of 
     United States Government trade promotion organizations, the 
     President, not later than March 1, 1996, shall submit to the 
     Committee on International Relations of the House of 
     Representatives, the Committee on Foreign Relations of the 
     Senate, and to other appropriate committees of jurisdiction, 
     a report detailing what steps are being taken to improve 
     accessibility and coordination among all trade promotion 
     organizations and agencies, what additional measures should 
     be taken to further improve the efficiency of and reduce 
     duplication among these organizations and agencies, and any 
     suggested legislative actions that would further improve the 
     Government's export and trade promotion activities.
       (c) Content of Report.--The report required by subsection 
     (b) shall--
       (1) identify the name, number, function, and budget of all 
     Government organizations or agencies with some responsibility 
     for supporting, advancing, or promoting international trade 
     or United States exports;
       (2) assess the amount of exports directly generated by the 
     activities of each organization or agency;
       (3) describe the overall impact of the Government's trade 
     and export promotion programs on increasing exports and 
     overseas market share;
       (4) identify areas where increased cooperation and 
     interoperability would improve United States export promotion 
     efforts;
       (5) identify areas where greater efficiencies can be 
     achieved through the elimination of duplication among the 
     organizations and agencies included in paragraph (1);
       (6) identify ways to improve the audit and accountability 
     mechanisms for each organization or
      agency, with particular emphasis on ensuring independent 
     oversight capabilities for each organization;
       (7) assess the trade and export promotion activities of the 
     major trade partners and competitors of the United States, 
     including amounts of tied aid and export subsidization 
     provided by the governments of those grade partners and 
     competitors; and
       (8) provide a plan to reorganize the United States trade 
     and export promotion organizations and agencies, with 
     legislative requirements if necessary, in order to more 
     efficiently promote trade, increase organizational 
     assessability, organize bureaucratic effort, and expend 
     public resources in support of American exporters and 
     international business.

                               H.R. 1561

                  Offered By: Mr. Smith of New Jersey

       Amendment No. 18. In section 2104(a)(1)(A) (relating to 
     authorizations of appropriations for migration and refugee 
     assistance) strike ``$560,000,000'' and insert 
     ``$590,000,000''.
       In section 2104(a)(4) (relating to authorizations of 
     appropriations for the resettlement of Vietnamese, Laotians, 
     and Cambodians) strike ``There'' and all that follows through 
     ``who--'' and insert ``Of the amounts authorized to be 
     appropriated for fiscal year 1996 under paragraph (1) there 
     are authorized to be appropriated such amounts as are 
     necessary for the admission and resettlement, within 
     numerical limitations provided by law for refugee admissions, 
     of persons who--''.
       At the end of section 2104 add the following new 
     subsection:
       (e) Statutory Construction.--Nothing in this section may be 
     construed to require or permit an increase in the number of 
     refugee admissions for fiscal year 1996 from the numerical 
     limitation for refugee admissions for fiscal year 1995.
                               H.R. 1561

                  Offered By: Mr. Smith of New Jersey

       Amendment No. 19: In title XXI (relating to authorization 
     of appropriations for Department of State and certain 
     international affairs functions and activities) insert at the 
     end the following new chapter.

                     CHAPTER 2--GENERAL LIMITATIONS

     SEC. 2121. PROHIBITION ON FUNDING FOR ABORTION.

       (a) In General.--
       (1) Notwithstanding any other provision of law or of this 
     Act, none of the funds authorized to be appropriated by this 
     Act for population assistance activities are authorized to be 
     available for any private, nongovernmental, or multilateral 
     organization that, directly or through a subcontractor or 
     subgrantee, performs abortions in any foreign country, except 
     where the life of the mother would be endangered if the fetus 
     [[Page H5378]] were carried to term or in cases of forcible 
     rape or incest.
       (2) Paragraph (1) may not be construed to apply to the 
     treatment of injuries or illnesses caused by legal or illegal 
     abortions or to assistance provided directly to the 
     government of a country.
       (b) Limitation on Lobbying Activities.--
       (1) Notwithstanding any other provision of law or of this 
     Act, none of the funds authorized to be appropriated by this 
     Act for population assistance activities are authorized to be 
     available for any private, nongovernmental, or multilateral 
     organization that violates the laws of any foreign country 
     concerning the circumstances under which abortion is 
     permitted, regulated, or prohibited, or that engages in any 
     activity or effort to alter the laws or governmental policies 
     of any foreign country concerning the circumstances under 
     which abortion is permitted, regulated, or prohibited.
       (2) Paragraph (1) shall not apply to activities in 
     opposition to coercive abortion or involuntary sterilization.

     SEC. 2122, PROHIBITION ON FUNDING FOR COERCIVE POPULATION 
                   CONTROL METHODS.

       Notwithstanding any other provision of law or of this Act, 
     none of the funds authorized to be appropriated by this Act 
     are authorized to be available for the United Nations 
     Population Fund (UNFPA), unless the President certifies to 
     the appropriate congressional committees that--
       (a) the United Nations Population Fund has terminated all 
     activities in the People's Republic of China; or
       (b) during the 12
        months preceding such certification there have been no 
     abortions as the result of coercion associated with the 
     family planning policies of the national government or 
     other governmental entities within the People's Republic 
     of China. As used in this section the term ``coercion'' 
     includes physical duress or abuse, destruction or 
     confiscation of property, loss of means of livelihood, or 
     severe psychological pressure.
       In section 2102(b)(2)(F), delete subsections (iii), (iv), 
     and (v).

                               H.R. 1561

                        Offered By: Mr. Solomon

    Amendment No. 20. In section 2201, add the following at the end:

       Use of Earnings From Frozen Assets For Program.--
       (1) Amounts to be made available.--Two percent of the 
     earnings accruing, during periods beginning October 1, 1995, 
     on all assets of foreign countries blocked by the President 
     pursuant to the International Emergency Powers Act (50 U.S.C. 
     1701 and following) shall be available, subject to 
     appropriations Acts, to carry out section 36 of the State 
     Department Basic Authorities Act, as amended by this section, 
     except that the limitation contained in subsection (d)(2) of 
     such section shall not apply to amounts made available under 
     this paragraph.
       (2) Control of funds by the President.--The President shall 
     take possession and exercise full control of so much of the 
     earnings described in paragraph (1) as are made available 
     under such paragraph.