[Congressional Record Volume 140, Number 2 (Wednesday, January 26, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


              FOREIGN RELATIONS AUTHORIZATION ACT OF 1994

                                 ______


                PRESSLER (AND OTHERS) AMENDMENT NO. 1253

  Mr. PRESSLER (for himself, Mr. Byrd, Mr. Helms, Mr. Conrad, Mr. 
Burns, Mr. Dole, Mr. Stevens, Mr. Lott, Mr. Dorgan, and Mr. Domenici) 
proposed an amendment to the bill (S. 1281) to authorize appropriations 
for the fiscal years 1994 and 1995 for the Department of State, the 
U.S. Information Agency, and related agencies, to provide for the 
consolidation of international broadcasting activities, and for other 
purposes; as follows:

       Beginning on page 72, strike out line 1 and all that 
     follows through line 5 on page 74 and insert in lieu thereof 
     the following:

     SEC. 170B. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.

       (a) Withholding of Assessed Nonpeacekeeping Contributions 
     to the United Nations.--(1) In fiscal year 1994, 10 percent 
     of the amount of funds authorized to be appropriated for that 
     fiscal year for United States assessed contributions to the 
     United Nations and its specialized agencies shall be withheld 
     from obligation and expenditure until a certification is made 
     under subsection (b).
       (2) Beginning with fiscal year 1995 and at the beginning of 
     each fiscal year thereafter, 50 percent of the amount of 
     funds authorized to be appropriated for each fiscal year for 
     United States assessed contributions (other than for 
     peacekeeping activities) to the United Nations and its 
     specialized agencies shall be withheld from obligation and 
     expenditure until a certification is made under subsection 
     (b).
       (b) Certification.--The certification referred to in 
     subsection (a) is a certification by the President to the 
     Congress that--
       (1) the United Nations has established an independent and 
     objective Office of Inspector General to conduct and 
     supervise audits, inspections, and investigations relating to 
     the programs and operations of the United Nations and each of 
     the specialized agencies of the United Nations;
       (2) the Secretary General of the United Nations has 
     appointed an Inspector General, with the consent of the 
     General Assembly, solely on the basis of integrity and 
     demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, 
     or investigations;
       (3) the United Nations Office of Inspector General is 
     authorized to--
       (A) make investigations and reports relating to the 
     administration of the programs and operations of the United 
     Nations and its specialized agencies;
       (B) have access to all records and documents or other 
     material available which relate to those programs and 
     operations; and
       (C) have direct and prompt access to any official of the 
     United Nations or of any of its specialized agencies, 
     including any head of a specialized agency or official of the 
     United Nations Secretariat;
       (4) the United Nations Office of Inspector General is 
     keeping the head of each specialized agency, the Secretary 
     General, the members of the Security Council, and the members 
     of the General Assembly fully informed about problems, 
     deficiencies, and the necessity for, and progress of, 
     corrective action;
       (5) the United Nations has established measures to protect 
     the identity of, and to prevent reprisals against, any staff 
     member making a complaint or disclosing information to, or 
     cooperating in any investigation or inspection by the Office 
     of the Inspector General; and
       (6) the United Nations has enacted procedures to ensure 
     compliance with the recommendations of the Inspector General.
       (c) Definition.--For purposes of this section, the term 
     ``United Nations operations'' includes any program, project 
     or activity conducted or supported, in whole or in part, by 
     the United Nations or any of its specialized agencies.
                                 ______


                        HELMS AMENDMENT NO. 1254

  Mr. HELMS proposed an amendment to the bill S. 1281, supra; as 
follows:

       At the appropriate place, strike Section 170A in its 
     entirety.
                                 ______


                PRESSLER (AND OTHERS) AMENDMENT NO. 1255

  Mr. PRESSLER (for himself, Mr. Helms, Mr. D'Amato, and Mr. Kerry) 
proposed an amendment to the bill S. 1281, supra; as follows:

       On page 179, after line 6, add the following:

     SEC. 714. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES.

       Section 6(j) of the Export Administration Act of 1979 (50 
     U.S.C. App. 2405(j)) is amended by adding at the end the 
     following new paragraphs:
       ``(5) Upon the request of the chairman or ranking minority 
     member of the Committee on Foreign Relations or the Committee 
     on Banking, Housing and Urban Affairs of the Senate or the 
     Committee on Foreign Affairs or the Committee on Banking, 
     Finance and Urban Affairs of the House of Representatives, 
     the President shall include in the notification required by 
     paragraph (2)--
       ``(A) a detailed description of the goods or services to be 
     offered, including a brief description of the capabilities of 
     any article for which a license to export is sought;
       ``(B) an evaluation, prepared by the Director of the Arms 
     Control and Disarmament Agency, in consultation with the 
     Secretary of State and the Secretary of Defense, of the 
     manner, if any, in which the proposed export would--
       ``(i) contribute to an arms race;
       ``(ii) support international terrorism;
       ``(iii) increase the possibility of an outbreak or 
     escalation of conflict;
       ``(iv) prejudice the negotiation of any arms controls; or
       ``(v) adversely affect the arms control policy of the 
     United States;
       ``(C) the reasons why the foreign country or international 
     organization to which the export or transfer is proposed to 
     be made needs the goods or services which are the subject of 
     such export or transfer and a description of the manner in 
     which such country or organization intends to use such 
     articles, services, or design and construction services;
       ``(D) the reasons why the proposed export or transfer is in 
     the national interest of the United States;
       ``(E) an analysis by the President of the impact of the 
     proposed export or transfer on the military capabilities of 
     the foreign country or international organization to which 
     such export or transfer would be made;
       ``(F) an analysis by the President of the manner in which 
     the proposed export would affect the relative military 
     strengths of countries in the region to which the goods or 
     services which are the subject of such export would be 
     delivered and whether other countries in the region have 
     comparable kinds and amounts of articles, services, or design 
     and construction services;
       ``(G) an analysis of the impact of the proposed export or 
     transfer on the United States relations with the countries in 
     the region to which the goods or services which are the 
     subject of such export would be delivered;
       ``(H) the projected delivery dates of the goods or services 
     to be offered; and
       ``(I) a detailed description of weapons and levels of 
     munitions that may be required as support for the proposed 
     export.
       ``(6) If the Congress within 30 calendar days after 
     receiving a notification under paragraph (2) enacts a joint 
     resolution prohibiting the proposed export, then no license 
     may be issued, unless the President states in his 
     notification that an emergency exists which requires such 
     export in the national security interest of the United 
     States. If the President so states that an emergency exists, 
     he shall set forth in the notification a detailed 
     justification for his determination, including a description 
     of the emergency circumstances which necessitate the 
     immediate issuance of the license and a discussion of the 
     national security interest involved.
       ``(7)(A) Any joint resolution under this subsection 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 this subsection, 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.
       ``(8) For purposes of this section, the terms `export' and 
     `transfer' shall include any reexport, third party transfer 
     or other consignment of United States-origin goods or 
     services.''.
                                 ______


                      FEINGOLD AMENDMENT NO. 1256

  Mr. FEINGOLD proposed an amendment to the bill S. 1281, supra; as 
follows:

       At the appropriate place in the bill, insert the following 
     new sections:

     SEC.  . REPORTS UNDER THE ARMS EXPORT CONTROL ACT.

       (a) Quarterly Reports.--Section 36(a) of the Arms Export 
     Control Act (22 U.S.C. 2776(a)) is amended--
       (l) by striking ``and'' at the end of paragraph (10);
       (2) by striking the period at the end of paragraph (11) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(12) a listing of all offset agreements proposed to be 
     entered into in connection with the sale of any defense 
     article or defense service.''.
       (b) Numbered Certifications With Respect to Government-to-
     Government Sales.--Section 36(b)(1) of the Arms Export 
     Control Act (22 U.S.C. 2776(b)(1)) is amended after the 
     second sentence by inserting the following new sentence: 
     ``Each such numbered certification shall contain a 
     description of any offset agreement proposed to be entered 
     into in connection with such letter of offer to sell.''.
       (c) Numbered Certifications With Respect to Commercial 
     Exports.--Section 36(c)(1) of the Arms Export Control Act (22 
     U.S.C. 2776(c)(1)) is amended after the first sentence by 
     inserting the following new sentence: ``Each such numbered 
     certification shall also contain a description of any offset 
     agreement proposed to be entered into in connection with such 
     export.''.
       (d) Definitions.--Section 36 of the Arms Export Control Act 
     (22 U.S.C. 2776) is amended by adding at the end the 
     following:
       ``(e) For purposes of this section--
       ``(1) the term `offset agreement' means an agreement, 
     arrangement, or understanding between a United States 
     supplier of defense articles or defense services and a 
     foreign country under which the supplier agrees to purchase 
     or acquire, or to promote the purchase or acquisition by 
     other United States persons of, goods or services produced, 
     manufactured, grown, or extracted, in whole or in part, in 
     that foreign country in consideration for the purchase by the 
     foreign country of defense articles or defense service from 
     the supplier; and
       ``(2) the term `United States person' means--
       ``(A) an individual who is a national or permanent resident 
     alien of the United States;
       ``(B) any corporation, business association, partnership, 
     trust, or other juridical entity--
       ``(i) organized under the laws of the United States or any 
     State, district, territory, or possession thereof; or
       ``(ii) owned or controlled in fact by individuals described 
     in subparagraph (A); and
       ``(C) the United States Government or any agency or 
     instrumentality thereof.''.

     SEC.   . PROHIBITION ON THIRD PARTY INCENTIVE PAYMENTS UNDER 
                   THE ARMS EXPORT CONTROL ACT.

       Section 39 of the Arms Export Control Act (22 U.S.C. 2779) 
     is amended by adding at the end the following new subsection:
       ``(e)(1) No sale may be made, no credits may be extended, 
     no guarantees may be issued, and no licenses may be approved 
     under this Act with respect to the sale of any defense 
     article or defense service to a foreign country unless the 
     United States supplier of such articles or services first 
     certifies that neither the supplier nor any employee, agent, 
     or subcontractor thereof will make any third-party incentive 
     payments for the purpose of satisfying, in whole or in part, 
     any offset agreement with that country.
       ``(2) For purposes of this subsection--
       ``(A) the term `offset agreement' means an agreement, 
     arrangement, or understanding between a United States 
     supplier of defense articles or defense services and a 
     foreign country under which the supplier agrees to purchase 
     or acquire, or to promote the purchase or acquisition by 
     other United States persons of, goods or services produced, 
     manufactured, grown, or extracted, in whole or in part, in 
     that foreign country in consideration for the purchase by the 
     foreign country of defense articles or defense services from 
     the supplier;
       ``(B) the term `third-party incentive payments' means such 
     incentives, fees, or compensation of any kind made by a 
     United States supplier of defense articles or defense 
     services or by any employee, agent, or subcontractor thereof 
     to any other United States persons to induce that United 
     States person to purchase or acquire goods or services 
     produced, manufactured, grown, or extracted, in whole or in 
     part, in the foreign country which is purchasing those 
     defense articles or services; and
       ``(C) the term `United States person' means--
       ``(i) an individual who is a national or permanent resident 
     alien of the United States;
       ``(ii) any corporation, business association, partnership, 
     trust, or other juridical entity--
       ``(I) organized under the laws of the United States or any 
     State, district, territory, or possession thereof; or
       ``(II) owned or controlled in fact by individuals described 
     in subparagraph (A); and
       ``(iii) the United States Government or any agency or 
     instrumentality thereof.''.
                                 ______


                      PRESSLER AMENDMENT NO. 1257

  Mr. PRESSLER proposed an amendment to the bill S. 1281, supra; as 
follows:

       On page 179, below line 6, add the following new section:

     SEC. 714. SENSE OF SENATE ON UNITED STATES POLICY ON NUCLEAR 
                   WEAPONS PROLIFERATION BY NORTH KOREA.

       (a) Findings.--The Senate makes the following findings:
       (1) North Korea is a signatory to the Treaty on the Non-
     Proliferation of Nuclear Weapons.
       (2) The International Atomic Energy Agency is charged with 
     ensuring that signatories to that treaty meet their 
     obligations under the treaty.
       (3) The agency fulfills that mission principally by 
     inspections of nuclear facilities and by other legitimate 
     means necessary to ensure that signatories are in compliance 
     with the terms and obligations of the treaty.
       (4) North Korea is the location of seven declared nuclear 
     sites whose inspection is provided for under the terms of the 
     treaty.
       (5) The International Atomic Energy Agency suspects that 
     North Korea is also the site of at least two additional 
     undeclared nuclear sites at which liquid and solid nuclear 
     waste is being stored.
       (6) Inspection of the undeclared nuclear sites is necessary 
     to ensure the compliance of North Korea with the terms of the 
     treaty.
       (7) The Government of North Korea is attempting to place 
     significant restrictions on inspections of its declared 
     nuclear sites and is refusing any inspections of its 
     undeclared nuclear sites.
       (8) The national security interests of the United States 
     require that curtailment of the proliferation of weapons of 
     mass destruction, particularly nuclear weapons.
       (9) To ensure advancement of the goal of nuclear 
     nonproliferation, a signatory to the Treaty on the Non-
     Proliferation of Nuclear Weapons must permit inspections of 
     its facilities and comply with any other legitimate requests 
     of the International Atomic Energy Agency that are necessary 
     to ensure that the country is in compliance with the terms 
     and obligations of the treaty.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the President should not engage in negotiations 
     connected with normalization of relations with the Government 
     of North Korea until that government meets its full 
     obligations under the Treaty on the Non-Proliferation of 
     Nuclear Weapons, including any inspection of nuclear sites 
     located in North Korea sufficient to ensure the full 
     compliance by the Government of North Korea with the terms 
     and obligations of the treaty; and
       (2) the President undertake such diplomatic activity with 
     respect to the People's Republic of China as is appropriate 
     to enlist the assistance of that country in gaining the 
     compliance of the Government of North Korea with its 
     obligations under the treaty.
       (c) Definition.--In this section, the term ``normalization 
     of relations'' means the following:
       (1) Disbanding the United Nations Forces Command and 
     withdrawing United States troops from the Republic of Korea.
       (2) Lifting restrictions on trade with and investment in 
     North Korea that are imposed pursuant to United States law on 
     trade with hostile states.
       (3) Expanding economic cooperation with North Korea.
       (4) Assisting the entry of the North Korea Government into 
     international organizations relating to economic activity.
       (5) Granting the diplomatic recognition of the United 
     States to the Government of North Korea.
                                 ______


                        HELMS AMENDMENT NO. 1258

  Mr. HELMS proposed an amendment to the bill S. 1281, supra; as 
follows:

       At the appropriate place, add the following:
       Sec.   . The United States Senate will not consent to the 
     ratification of a Treaty providing for United States 
     participation in an international criminal court with 
     jurisdiction over crimes of an international nature which 
     permits representatives of any terrorist organization, 
     including but not limited to the Palestine Liberation 
     Organization, or citizens, nationals or residents of any 
     country listed by the Secretary of State under Section 6(j) 
     of the Export Administration Act of 1979 as having repeatedly 
     provided support for acts of international terrorism, to sit 
     in judgement on American citizens.
                                 ______


                DODD (AND COVERDELL) AMENDMENT NO. 1259

  Mr. DODD (for himself and Mr. Coverdell) proposed an amendment to the 
bill S. 1281, supra; as follows:

       On page 164, line 8, strike ``$219,745,000'' the second 
     time it appears and insert in lieu thereof ``$234,745,000''.
                                 ______


                        DODD AMENDMENT NO. 1260

  Mr. DODD proposed an amendment to the bill S. 1281, supra; as 
follows:

       At the appropriate place in the bill add the following new 
     section:

     SECTOPM   . VALUE OF CONTRACTED GOODS AND SERVICES.

       (1) The United Nations is increasingly contracting out to 
     the private sector various aspects of its peacekeeping 
     operations. The Permanent Representative of the United States 
     to the United Nations should make every effort to ensure that 
     United States contractors are awarded an appropriate portion 
     of these contracts commensurate with the over all 
     contribution of the United States to U.N. peacekeeping.
       (2) The Permanent Representative shall report to the 
     Congress in writing annually setting forth the dollar value 
     and percentage of total peacekeeping contracts that have been 
     awarded to U.S. contractors during the previous year, 
     beginning twelve months after the date of enactment of this 
     Act.
                                 ______


                      PRESSLER AMENDMENT NO. 1261

  Mr. PRESSLER proposed an amendment to the bill S. 1281, supra; as 
follows:

       On page 179, after line 6, insert the following new 
     section:

     SEC.   . MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EASTERN 
                   AND ASIAN COUNTRIES.

       (a) Exports by United States Persons.--Section 72 of the 
     Arms Export Control Act (22 U.S.C. 2797a) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Presumption.--In determining whether to apply 
     sanctions under subsection (a) to a United States person 
     involved in the export, transfer, or trade of an item on the 
     MTCR Annex, it shall be a rebuttable presumption that such 
     item is designed for use in a missile listed under the MTCR 
     Annex if the President determines that the likely final 
     destination of the item is Iran, Iraq, Syria, Libya, India, 
     Pakistan, or North Korea.''.
       (b) Exports by Foreign Persons.--Section 73 of the Arms 
     Export Control Act (22 U.S.C. 2797b) is amended--
       (1) by redesignating subsection (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Presumption.--In determining whether to apply 
     sanctions under subsection (a) to a foreign person involved 
     in the export, transfer, or trade of an item on the MTCR 
     Annex, it shall be a rebuttable presumption that such item is 
     designed for use in a missile listed under the MTCR Annex if 
     the President determines that the likely final destination of 
     the item is Iran, Iraq, Syria, Libya, India, Pakistan, or 
     North Korea.''.
                                 ______


                       McCAIN AMENDMENT NO. 1262

  Mr. McCAIN proposed an amendment to the bill S. 1281, supra; as 
follows:

       At the appropriate place in the bill, add the following new 
     section:
       Sense of the Senate.--It is the Sense of the Senate that--
       (1) The government of the United States is committed to 
     seeking the fullest possible accounting of American 
     servicemen unaccounted for during the war in Vietnam;
       (2) Cooperation by the Government of Vietnam on resolving 
     the fate of those American servicemen unaccounted for has 
     increased significantly over the last three years and is 
     essential to the resolution of outstanding POW/MIA cases;
       (3) Substantial and tangible progress has been made in the 
     POW/MIA accounting process;
       (4) Cooperative efforts between the U.S. and Vietnam should 
     continue in order to resolve all outstanding questions 
     concerning the fate of Americans missing-in-action;
       (5) U.S. senior military commanders and U.S. personnel 
     working in the field to account for U.S. POW/MIAs in Vietnam 
     believe that lifting the U.S. trade embargo against Vietnam 
     will facilitate and accelerate the accounting efforts; and,
       (6) Therefore, in order to maintain and expand further U.S. 
     and Vietnamese efforts to obtain the fullest possible 
     accounting, the President should lift the U.S. trade embargo 
     against Vietnam immediately.
                                 ______


                 KERRY (AND OTHERS) AMENDMENT NO. 1263

  Mr. KERRY (for himself, Mr. McCain, Mr. Robb, Murkowski, Mr. Kerrey, 
Mr. Simpson, Mr. Johnston, Mr. Pressler, Mr. Warner, Mr. Inouye, Mr. 
Chafee, Mr. Pell, Mrs. Kassebaum, Mr. Mathews, Mr. Bennett, Mr. Akaka, 
and Mr. McConnell) proposed an amendment to amendment No. 1262 proposed 
by Mr. McCain to the bill S. 1281, supra; as follows:

       Strike all after the first word in the pending amendment 
     and insert the following:
       of the Senate.--It is the Sense of the Senate that--
       (1) The government of the United States is committed to 
     seeking the fullest possible accounting of American 
     servicemen unaccounted for during the war in Vietnam;
       (2) Cooperation by the Government of Vietnam on resolving 
     the fate of those American servicemen unaccounted for has 
     increased significantly over the last three years and is 
     essential to the resolution of outstanding POW/MIA cases;
       (3) Substantial and tangible progress has been made in the 
     POW/MIA accounting process;
       (4) Cooperative efforts between the U.S. and Vietnam should 
     continue in order to resolve all outstanding questions 
     concerning the fate of Americans missing-in-action;
       (5) U.S. senior military commanders and U.S. personnel 
     working in the field to account for U.S. POW/MIAs in Vietnam 
     believe that lifting the U.S. trade embargo against Vietnam 
     will facilitate and accelerate the accounting efforts;
       (6) Therefore, in order to maintain and expand further U.S. 
     and Vietnamese efforts to obtain the fullest possible 
     accounting, the President should lift the U.S. trade embargo 
     against Vietnam expeditiously; and
       (7) Moreover, as the U.S. and Vietnam move toward 
     normalization of relations, the Government of Vietnam should 
     demonstrate further improvements in meeting internationally 
     recognized standards of human rights.
                                 ______


                       SPECTER AMENDMENT NO. 1264

  (Ordered to lie on the table.)
  Mr. Specter submitted an amendment intended to be proposed by him to 
the bill S. 1281, supra; as follows:

       On page 179, after line 6, insert the following new 
     section:

     SEC. 714. BILATERAL ASSISTANCE AND INTERNATIONAL LENDING 
                   REQUIRED TO BE SECURED BY CERTAIN ROYALTIES OR 
                   OTHER REVENUES.

       (a) United States Action.--(1) Immediately upon enactment 
     of this Act, to the greatest extent possible, all bilateral 
     loans or credits extended by the United States to government 
     and nongovernment entities of the independent states of the 
     former Soviet Union must be secured by royalties or other 
     revenues, if any, earned by the states from the sale of 
     petroleum products, minerals, or other commodities.
       (2) Not later than 60 days after the date of enactment of 
     this Act, with respect to 1994, and not later than January 1 
     of each calendar year thereafter, the President of the United 
     States shall certify to Congress that, with respect to all 
     bilateral loans or credits extended to the independent states 
     of the former Soviet Union, all opportunities to secure such 
     loans or credits have been considered and that, in the case 
     of such loans which are not secured, such states are adhering 
     to the debt repayment schedules stipulated by the terms of 
     such loans or credits.
       (3) If the President cannot certify that the conditions 
     contained in paragraph (2) have been met, then no further 
     bilateral loans or credits to the independent states of the 
     former Soviet Union shall be extended in that calendar year.
       (b) Multilateral Actions.--Not later than 60 days after the 
     date of enactment of this Act, and not later than January 1 
     of each calendar year thereafter, the Secretary of the 
     Treasury shall--
       (1) certify that each independent state of the former 
     Soviet Union is adhering to the debt repayment schedules 
     stipulated by multilateral lending institutions; or
       (2) with respect to any such state that is not adhering to 
     such schedules, direct the Secretary of the Treasury to 
     instruct the United States executive directors to the 
     International Bank for Reconstruction and Development and to 
     the European Bank for Reconstruction and Development to 
     propose that such institutions establish policies in 
     opposition to the extension of any credit, or the issuance of 
     any guarantee with respect to any credit, in that calendar 
     year, for the purpose of assisting such state unless such 
     credits or guarantees are secured by the royalties or other 
     revenues, if any, earned by the state from the sale of 
     petroleum products, minerals, or other commodities.
       (c) Definitions.--As used in this section--
       (1) the term ``independent states of the former Soviet 
     Union'' has the same meaning given to that term by section 3 
     of the FREEDOM Support Act (22 U.S.C. 5801); and
       (2) the term ``petroleum product'' means crude oil, 
     residual fuel oil, or any refined petroleum product 
     (including any natural liquid and any natural gas liquid 
     product).
                                 ______


                        SIMON AMENDMENT NO. 1265

  (Ordered to lie on the table.)
  Mr. SIMON submitted an amendment intended to be proposed by him to 
the bill S. 1281, supra; as follows:

                           Amendment No. 1265

       On page 65, after line 12, insert the following new 
     section:

     SEC. 155. ASSIGNMENT OF FOREIGN SERVICE OFFICERS WITH 
                   ADVANCED PROFICIENCY IN FOREIGN LANGUAGES.

       (a) Purpose.--It is the purpose of this section to 
     encourage the assignment of Foreign Service personnel with 
     language proficiency at the S4/R4 level (full professional 
     proficiency, as tested by the Foreign Service Institute) to 
     posts or positions in which their language capabilities are 
     effectively utilized.
       (b) Findings.--The Congress finds that--
       (1) the Department of State's Office of the Inspector 
     General noted, in its July 1993 report, that existing foreign 
     language proficiency among members of the Foreign Service is 
     not adequately weighed in the assignments process, and that 
     existing skills are not adequately utilized, and
       (2) the Department of State's Office of the Inspector 
     General urged that the Department has legitimate requirements 
     at overseas posts that can only be satisfied through S4/R4 
     level skills, and recommended that certain overseas positions 
     be designated at the S4/R4 competence level.
       (c) Program.--(1) Pursuant to section 702 of the Foreign 
     Service Act of 1980 (22 U.S.C. 4022), the Secretary of State 
     shall direct the establishment and apportionment of a certain 
     number of overseas positions, at the S4/R4 level, in each of 
     a majority of overseas missions, as follows:
       (A) For missions using world languages with more than nine 
     Foreign Service Officer positions assigned by the Department 
     of State, 12 percent of positions and not less than one 
     position will be established at the S4/R4 level.
       (B) For posts using hard or incentive languages, with more 
     than nine Foreign Service Officer positions assigned by the 
     Department of State, the number of S4/R4-designated positions 
     shall be at least six percent of positions, and not less than 
     one position.
       (2) Overseas posts and the Department of State shall retain 
     flexibility to apportion S4/R4 language-designated positions 
     within respective overseas posts.
       (3) Assignment of personnel with full professional 
     proficiency shall be completed not later than September 30, 
     1995.
       (d) Report to the Congress.--The Secretary of State shall 
     report to the Congress not later than September 30, 1994, 
     describing the progress made toward implementation of this 
     section.
                                 ______


                 SMITH (AND OTHERS) AMENDMENT NO. 1266

  Mr. SMITH (for himself, Mr. Dole, Mr. Grassley, Mr. Helms, Mr. 
D'Amato and Mr. Campbell) proposed an amendment to the bill S. 1281, 
supra; as follows:

       On page 179, after line 6, insert the following new 
     section:

     SEC. 714. LIFTING OF SANCTIONS ON SOCIALIST REPUBLIC OF 
                   VIETNAM CONTINENT UPON POW/MIA PROGRESS.

       (a) Lifting of Sanctions.--The prohibitions, restrictions, 
     conditions, and limitations on transactions involving 
     commercial sale of any good or technology to the Socialist 
     Republic of Vietnam, or involving the importation into the 
     United States of goods or services of Vietnamese origin, in 
     effect as of January 25, 1994 under the Act of October 6, 
     1917 (40 Stat. 411 et seq.) as amended shall remain in effect 
     until thirty days after the President determines and reports 
     in writing to the Senate and the House of Representatives 
     that the Socialist Republic of Vietnam has provided the 
     United States with the fullest possible unilateral resolution 
     of all cases or reports of unaccounted for U.S. personnel 
     lost or captured in Vietnam, Laos, or Cambodia for which 
     officials of the Socialist Republic of Vietnam can be 
     reasonably expected to have in their possession additional 
     information or remains that could lead to the fullest 
     possible accounting of said U.S. personnel based on U.S. 
     intelligence and investigative reports, analyses, and 
     assessments obtained or conducted prior to January 26, 1994;
       (b) Consultation.--It is the sense of the Senate that the 
     President should consult with Congress, POW/MIA family 
     representatives and national veterans organizations to the 
     maximum extent possible prior to making determinations under 
     subsection (a).
       (c) Nondelegation.--The authority of the President to make 
     the determinations and report to which subsection (a) refers 
     may not be delegated.
       (d) Definitions.--For purposes of subsection (a)--
       (1) the phrase ``cases of unaccounted for U.S. personnel'' 
     means cases involving United States personnel originally 
     listed by the United States as prisoners of war, missing in 
     action, or killed in action/body not recovered following 
     their wartime loss incidents in Vietnam, Laos, or Cambodia; 
     and
       (2) the phrase ``accounting'' means the return of 
     unaccounted for U.S. personnel alive, repatriation of their 
     remains, or convincing evidence as to why neither is 
     possible.''

                          ____________________