[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4036 Received in Senate (RDS)]







104th CONGRESS
  2d Session
                                H. R. 4036


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 1996

                                Received

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Rights, Refugee, 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 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 
        $150,000,000 in fees collected under the authority of paragraph 
        (1) for each fiscal year 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--
                    ``(A) installation and operation of the machine 
                readable visa and automated name-check process;
                    ``(B) improving the quality and security of the 
                United States passport;
                    ``(C) passport and visa fraud investigations; 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 paragraph (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 EMIGRATION 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 Returnees'' additional information 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 returned to Cuba pursuant to the 
United States-Cuba agreement of May 1995.

SEC. 103. 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''.

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 
        involuntary 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 political 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 
        failure, refusal, or resistance shall be deemed to have a well 
        founded fear of persecution on account of political 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 report 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 paragraph:
    ``(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 determination under the third sentence of section 
101(a)(42) (relating to persecution for resistance to coercive 
population control methods).''.
    (c) Contingent Repealer.--Subsections (a) and (b) of this section 
and the amendments made by such subsections shall not take effect and 
this section and such amendments are repealed whenever the Illegal 
Immigration 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 CULTURAL EXCHANGE 
              PROGRAMS.

    In carrying out programs of educational and cultural exchange in 
countries whose people do not fully enjoy freedom and democracy 
(including but not limited to China, Vietnam, Cambodia, Tibet, and 
Burma), 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.

SEC. 106. 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) Subject to the availability of appropriations, for 
        fiscal year 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 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. 107. 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 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 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. 202. ASSISTANCE FOR MAURITANIA.

    (a) Prohibition.--The President should not provide economic 
assistance, military assistance or arms transfers to the Government of 
Mauritania unless the President certifies to the Congress that such 
Government has taken appropriate action to eliminate chattel slavery in 
Mauritania, including--
            (1) the enactment of anti-slavery laws that provide 
        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 ``economic 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 include humanitarian assistance.
            (2) Military assistance or arms transfers.--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 assistance), 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, defense 
                services, or design and construction services 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).

            Passed the House of Representatives September 25, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Jeff Trandahl,

                                                Assistant to the Clerk.