[Congressional Record Volume 140, Number 6 (Tuesday, February 1, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 1, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


              FOREIGN RELATIONS AUTHORIZATION ACT OF 1994

                                 ______


                 SIMON (AND OTHERS) AMENDMENT NO. 1326

  Mr. SIMON (for himself, Mr. Lautenberg, Mr. Hatfield, and Mr. 
Durenberger) proposed an amendment to the bill (S. 1281) to authorize 
appropriations for the fiscal years 1994 and 1995 for the Department of 
State, and U.S. Information Agency, and related agencies, to provide 
for the consolidation of international broadcasting activities, and for 
other purposes; as follows:

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

     SEC. 714. 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 ``1993 and 1994'' and 
     inserting ``1993, 1994, 1995, and 1996''; and
       (B) in subsection (e), by striking out ``October 1, 1994'' 
     each place it appears and inserting in lieu thereof ``October 
     1, 1996''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking out ``September 30, 1994'' and inserting 
     in lieu thereof ``September 30, 1997''.
                                 ______


               LAUTENBERG (AND OTHERS) AMENDMENT NO. 1327

  Mr. LAUTENBERG (for himself, Mr. Simon, Mrs. Feinstein, Mr. Bingaman, 
Mr. Dodd, Mrs. Boxer, Mr. Hatfield, and Mr. Grassley) proposed an 
amendment to amendment No. 1326 proposed by Mr. Simon to the bill S. 
1281, supra; as follows:

       In the pending amendment, strike all after ``SEC'' and 
     insert the following:

     SEC. 714. 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 ``1993 and 1994'' and 
     inserting ``1993, 1994, 1995, and 1996''; and
       (B) in subsection (e), by striking out ``October 1, 1994'' 
     each place it appears and inserting in lieu thereof ``October 
     1, 1996''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking out ``September 30, 1994'' and inserting 
     in lieu thereof ``September 30, 1996''.
                                 ______


                        HELMS AMENDMENT NO. 1328

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

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

     SEC. 714. OPPOSITION TO FINANCING BY INTERNATIONAL FINANCIAL 
                   INSTITUTIONS FOR COUNTRIES EXPROPRIATING UNITED 
                   STATES PROPERTY.

       (A) Prohibition.--The President shall instruct the United 
     States Executive Director of the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the African Development 
     Fund, the Asian Development Bank, the African Development 
     Bank, the European Bank for Reconstruction and Development, 
     and the International Monetary Fund to vote against any loan 
     or other utilization of the funds of the bank for benefit of 
     any country which--
       (1) has before, on, or after the date of enactment of this 
     Act--
       (A) nationalized or expropriated the property of any United 
     States person,
       (B) repudiated or nullified any contract or agreement with 
     any United States person, or
       (C) taken any other action (such as the imposition of 
     discriminatory taxes or other exactions) which has the effect 
     of seizing ownership or control of the property of any United 
     States person, and
       (2) has not, within a period of 3 years (or where 
     applicable, the period described in subsection (b)), returned 
     the property or provided adequate and effective compensation 
     for such property in convertible foreign exchange equivalent 
     to the full value thereof, as required by international law.
       (b) Extended Period for Compensation in the Case of Newly 
     Democratic Governments.--In the case of a democratically 
     elected foreign government that had been a totalitarian or 
     authoritarian government at the time of the action described 
     in subsection (a)(1), the 3-year period described in 
     subsection (a)(2) shall be deemed to have begun as of the 
     date of the installation of the democratically elected 
     government.
       (c) Excepted Countries and Territories.--This section shall 
     not apply to any country established by international mandate 
     through the United Nations or to any territory recognized by 
     the United States Government to be in dispute.
       (d) Reporting Requirement.--Not later than 90 days after 
     the date of enactment of this Act, and every 180 days 
     thereafter, the President shall transmit to the Speaker of 
     the House of Representatives and to the Committee on Foreign 
     Relations of the Senate, a report containing the following.
       (1) A list of all countries against which United States 
     persons have outstanding expropriation claims.
       (2) The total number of outstanding expropriation claims 
     made by United States persons against any foreign country.
       (3) The period of time in which each claim has been 
     outstanding.
       (4) A description on a case-by-case basis of each effort 
     made by the United States Government, or the country in which 
     the expropriation claim has been made, to return the property 
     or provide adequate and effective compensation for such 
     property.
       (5) Each project a United States Executive Director voted 
     against as a result of the action described in subsection 
     (a).
       (e) Definition.--For purposes of this section, the term 
     ``United States person'' means a United States citizen or 
     corporation, partnership, or association at least 50 percent 
     beneficially owned by United States citizens.
                                 ______


                        HELMS AMENDMENT NO. 1329

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

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

     SEC. 714. OPPOSITION TO FINANCING BY INTERNATIONAL FINANCIAL 
                   INSTITUTIONS FOR COUNTRIES EXPROPRIATING UNITED 
                   STATES PROPERTY.

       (a) Prohibition.--The President shall instruct the United 
     States Executive Director of the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the African Development 
     Fund, the Asian Development Bank, the African Development 
     Bank, the European Bank for Reconstruction and Development, 
     and the International Monetary Fund to vote against any loan 
     or other utilization of the funds of the bank for benefit of 
     any country which--
       (1) has before, on, or after the date of enactment of this 
     Act--
       (A) nationalized or expropriated the property of any United 
     States person,
       (B) repudiated or nullified any contract or agreement with 
     any United States person, or
       (C) taken any other action (such as the imposition of 
     discriminatory taxes or other ex-actions) which has the 
     effect of seizing ownership or control of the property of any 
     United States person, and
       (2) has not, within a period of 3 years (or where 
     applicable, the period described in subsection (b)), returned 
     the property or provided adequate and effective compensation 
     for such property in convertible foreign exchange equivalent 
     to the full value thereof, as required by international law.
       (b) Extended Period for Compensation in the Case of Newly 
     Democratic Governments.--In the case of a democratically 
     elected foreign government that had been a totalitarian or 
     authoritarian government at the time of the action described 
     in subsection (a)(1), the 3-year period described in 
     subsection (a)(2) shall be deemed to have begun as of the 
     date of the installation of the democratically elected 
     government.
       (c) Excepted Countries and Territories.--This section shall 
     not apply to any country established by international mandate 
     through the United Nations or to any territory recognized by 
     the United States Government to be in dispute.
       (d) Reporting Requirement.--Not later than 90 days after 
     the date of enactment of this Act, and every 180 days 
     thereafter, the President shall transmit to the Speaker of 
     the House of Representatives and to the Committee on Foreign 
     Relations of the Senate, a report containing the following:
       (1) A list of all countries against which United States 
     persons have outstanding expropriation claims.
       (2) The total number of outstanding expropriation claims 
     made by United States persons against any foreign country.
       (3) The period of time in which each claim has been 
     outstanding.
       (4) A description on a case-by-case basis of each effort 
     made by the United States Government, or the country in which 
     the expropriation claim has been made, to return the property 
     or provide adequate and effective compensation for such 
     property.
       (5) Each project a United States Executive Director voted 
     against as a result of the action described in subsection 
     (a).
       (e) Definition.--For purposes of this section, the term 
     ``United States person'' means a United States citizen or 
     corporation, partnership, or association at least 50 percent 
     beneficially owned by United States citizens.
                                 ______


                        HELMS AMENDMENT NO. 1330

  Mr. HELMS proposed an amendment to amendment No. 1329 proposed by him 
to the bill S. 1281, supra; as follows:

       At the appropriate place in the amendment, insert the 
     following:
       (f) Waiver--the President may waive the prohibition in 
     subsection (a) if he so notifies Congress twenty-one days in 
     advance of any vote that a loan or other utilization of the 
     funds of the bank under consideration is directed only to 
     programs which serve the basic human needs of the citizens of 
     such country.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 1331

  Mr. McCAIN (for himself, Mr. Dole, Mr. Nickles, Mr. Bond, Mr. 
D'Amato, Mr. Mack, Mr. Gramm, Mr. Kempthorne, Mr. Craig, Mr. Cohen, and 
Mr. thurmond) proposed an amendment to the bill S. 1281, supra; as 
follows:

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

     SEC. 714. POLICY REGARDING THE NORTH KOREAN NUCLEAR WEAPONS 
                   PROGRAM.

       (a) Findings.--The Congress makes the following findings:
       (1) On February 10, 1993, North Korea refused to permit the 
     International Atomic Energy Agency (IAEA) to conduct special 
     inspections, as permitted under the terms of the Treaty on 
     the Non-Proliferation of Nuclear Weapons (NPT), of two 
     undeclared nuclear-related sites to clarify discrepancies 
     related to North Korea's nuclear program, and on March 12, 
     1993, North Korea announced its intention to withdraw from 
     the NPT effective on June 12, 1993, due to the insistence of 
     the IAEA on exercising inspection rights under the NPT.
       (2) On April 1, 1993, the IAEA declared North Korea to be 
     in noncompliance with the NPT; on April 2, 1993, the IAEA 
     voted to refer North Korean violations of the Treaty to the 
     United Nations Security Council; and on April 7, 1993, the 
     IAEA issued a formal censure on North Korea for its 
     noncompliance with the NPT, the first censure in the history 
     of the IAEA.
       (3) On May 11, 1993, the United Nations Security Council 
     passed a resolution asking North Korea to allow IAEA 
     inspections under the NPT, and on May 12, 1993, North Korea 
     rejected the request of the United Nations Security Council 
     and has since impeded or refused access to any of its sites 
     by IAEA inspectors.
       (4) On June 2, 1993, the United States and North Korea 
     initiated a series of meetings in New York to discuss the 
     impasse in nuclear site inspections, which continued until 
     January 4, 1994, when Under Secretary of State Lynn Davis 
     announced that North Korea had agreed to inspections of seven 
     declared nuclear-related sites.
       (5) Discussions between the IAEA and North Korea to 
     implement the announced agreement to permit inspections in 
     North Korea have reached an apparent impasse, and the issue 
     is anticipated to be discussed at the IAEA Board of Governors 
     meeting on February 21, 1994.
       (6) The People's Republic of China (PRC) has repeatedly 
     stated it would not support any action of the United Nations 
     Security Council to impose sanctions on North Korea, and the 
     PRC may not be cooperating fully and effectively in seeking a 
     resolution of this issue.
       (7) The United States must clearly communicate its firm 
     resolve to compel North Korea to comply with the inspections 
     required under the NPT and has instead offered to cancel 1994 
     Team Spirit joint military exercises with South Korea; 
     indications are that numerous other concessions, such as 
     diplomatic recognition and economic assistance, are also 
     being considered.
       (8) The development of nuclear weapons by North Korea would 
     significantly increase the already serious threat to the 
     safety and security of South Korea and the stability of the 
     Pacific region posed by North Korea's military forces, which 
     include--
       (A) an army of 1,200,000 men, such of which is positioned 
     near the border with South Korea;
       (B) an estimated 250 tons of biological and chemical 
     weapons; and
       (C) extended range SCUD-C missiles reportedly armed with 
     chemical warheads, No Dong missiles, and possibly a much 
     longer range intermediate-range ballistic missile in 
     development.
       Policy.--It is the sense of the Congress that--
       (1) North Korea must halt its nuclear weapons program and 
     fully comply with the terms of the NPT and the January 30, 
     1992, full-scope safeguards agreement agreed to by North 
     Korea and the IAEA;
       (2) the President should seek international consensus to 
     isolate North Korea economically until North Korea halts its 
     nuclear weapons program and reaches acceptable agreement with 
     the IAEA on inspections of its nuclear facilities and those 
     inspections have begun;
       (3) the President should support United States-South Korea 
     joint military exercises as an expression of commitment of 
     the United States-Republic of Korea Mutual Defense Treaty of 
     1954;
       (4) the President should ensure that sufficient United 
     States military forces are deployed in the Pacific region, 
     including the deployment of Patriot batteries in South Korea, 
     in order to be prepared to effectively defend South Korea 
     against any offensive action by North Korea;
       (5) the President should make resolution of this issue a 
     matter of urgent national security priority; and
       (6) an ``acceptable agreement'' between the IAEA and North 
     Korea should include regular inspection of all declared 
     nuclear sites as well as special inspections of any suspected 
     nuclear-related site, as agreed to by North Korea in the 
     January 30, 1992, full-scope safeguards agreement with the 
     IAEA.
       (c) Definitions.--For purposes of this section.--
       (1) the term ``IAEA''means the International Atomic Energy 
     Agency;
       (2) the term ``NPT'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done on July 1, 1968 at 
     London, Moscow, and Washington; and
       (3) the term ``safeguards'' means the safeguards set forth 
     in agreement between a country and the IAEA, as authorized by 
     Article III(A)(5) of the Statute of the International Atomic 
     Energy Agency.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 1332

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

       At the appropriate place in the bill add the following:

     Sec.  . POLICY REGARDING THE RELATIONSHIP OF THAILAND WITH 
                   ITS NEIGHBORS STRUGGLING FOR DEMOCRACY, 
                   CAMBODIA AND BURMA.

       (a) Findings.--Congress finds that--
       (1) the Government of Thailand is to be commended for its 
     return to democracy and its commitment to representative 
     government;
       (2) the United States-Thai security relationship is a 
     cornerstone of the Association of Southeast Asian Nations 
     (ASEAN) and a key to stability in Southeast Asia;
       (3) Cambodia, Thailand's neighbor to the East, is 
     struggling to prevent violence from disrupting the creation 
     of a democratic state;
       (4) the cooperation of Thailand in implementing the Paris 
     Peace Accords was instrumental in assisting Cambodians to 
     achieve their goal of political reconciliation;
       (5) Peace in Cambodia promotes stability in Southeast Asia 
     and the continued cooperation of Thailand in bringing lasting 
     peace to that nation is vital. That peace is threatened by 
     the Khmer Rouge, which has attempted to violently disrupt the 
     Cambodian effort to institute an elected government.
       (6) The Government of Thailand is commended for the steps 
     it has taken to discontinue the Thai relationship with the 
     Khmer Rouge, and in particular its adherence to United Nation 
     sanctions on timber and petroleum trade between Thailand and 
     Khmer controlled areas of Cambodia.
       (7) Prime Minister Chuan Leekpai and the Commander-in-Chief 
     of the Thai military, Wimol Wongawanich, have publicly 
     enunciated a policy of non-support for the Khmer Rouge. 
     Furthermore, Prime Minister Chuan has demonstrated 
     considerable support for the freely elected Government of 
     Cambodia.
       (8) The extent to which the Government of Thailand permits 
     trade and particularly military contact with the armed 
     opposition to the newly elected Cambodian government, 
     directly impact the prospects for peace and political 
     reconciliation in Cambodia.
       (9) Congress is concerned that elements of the Thai 
     military and companies with close links to the Thai military, 
     continue to operate against the will and policy of the 
     government to support the Khmer Rouge.
       (10) Congress is concerned that the Clinton Administration 
     has not articulated its position regarding United States 
     policy toward Burma.
       (11) The Senate unanimously declared in S. Res. 112 that it 
     does not recognize the military junta in Burma known as the 
     State Law and Order Restoration Council (referred to as the 
     ``SLORC''), since the people of Burma gave the National 
     League for Democracy a clear victory in the election of May 
     27, 1990.
       (12) Nobel Peace Prize winner Daw Aung San Suu Kyi, a 
     leader of the National League for Democracy, has been under 
     house arrest since July 1989. Many of her colleagues who were 
     able to escape imprisonment or death have taken refuge in 
     Thailand, where they have organized to work peacefully to 
     bring democracy to Burma.
       (13) The Government of Thailand should be praised for 
     providing safe haven to the many Burmese forced to flee the 
     brutal repression of the SLORC regime. Despite pressure from 
     the SLORC, Thailand has allowed those groups to operate 
     within its borders, and has granted visas for international 
     travel.
       (14) Congress is concerned by reports that the Government 
     of Thailand may adopt more restrictive policies towards the 
     Burmese have raised considerable concern. In particular, 
     Congress is concerned by reports that Dr. Sein Win and other 
     Burmese dissidents may not be allowed to return from their 
     trip to the United States and to the United Nations to secure 
     support for their democratic aspirations.
       (15) Congress is deeply interested in seeing the peaceful 
     transition of power to those elected in 1990. Aung San Suu 
     Kyi and other senior National League for Democracy leaders 
     imprisoned in Burmese jails, are unable to conduct 
     political activity inside Burma and have never been 
     allowed to take their elected positions. Those who were 
     able to escape must rely on Thailand's continued 
     hospitality.
       (16) In recent years there has been an increase in the 
     number of Burmese women and girls conscripted into Thai 
     brothels. Human Rights Watch has recently issued a report 
     documenting the problems faced by these women. Many of the 
     these Burmese become virtual slaves, with no way to escape 
     the brothels where they are kept. When these prostitution 
     rings have been broken up by Thai authorities, often those 
     forced into prostitution are detained in jails, or deported 
     to Burma where they are arrested for prostitution, further 
     victimizing them, and
       (17) In 1992, Thai Prime Minister Chuan Leekpai pledged to 
     crack down on official involvement in forced and child 
     prostitution. Congress welcomes the Government of Thailand's 
     efforts to eliminate forced prostitution. However, Thai 
     border officials and police are reportedly involved in the 
     transport of these women from Burma, and at times, directly 
     in the brothel operations.
       (b) Sense of the Congress.--It is the Sense of the Congress 
     that--
       (1) the Government of Thailand should continue and must 
     intensify its efforts to end the relationship between the 
     Khmer Rouge and the Thai military;
       (2) the President of the United States should convey to the 
     Government of Thailand American concern over renegade Thai 
     military support for the Khmer Rouge;
       (3) the President should adopt the policies called for in 
     S. Res. 112 and to clearly enunciate policy with respect to 
     Burma;
       (4) the Government of Thailand should continue to allow the 
     democratic leaders of Burma to operate freely within Thailand 
     and to grant them free passage to allow them to present their 
     case to the world at the United Nations and other 
     international gatherings; and
       (5) the Government of Thailand is further urged to 
     prosecute those responsible for the trafficking, forced labor 
     and physical and sexual abuse of women. If Thai officials are 
     found to be involved, they should be prosecuted to the 
     fullest extent of the law. In addition, the Government of 
     Thailand should protect the civil and human rights of Burmese 
     women and refrain from their further victimization.
                                 ______


                        ROBB AMENDMENT NO. 1333

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

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

     SEC. 714. POLICY ON PREPARING TO REINTRODUCE OF TACTICAL 
                   NUCLEAR WEAPONS TO THE KOREAN PENINSULA.

       (a) Findings.--The Congress makes the following findings:
       (1) It was announced by South Korean President Roh Tae Woo 
     on December 18, 1991, that all tactical nuclear weapons had 
     been removed from the Korean peninsula.
       (2) On December 31, 1991, North Korea agreed to a 
     denuclearization agreement with South Korea pledging not to 
     possess, manufacture, or use nuclear weapons, not to possess 
     plutonium reprocessing facilities, and to negotiate the 
     establishment of a nuclear inspection system.
       (3) On January 30, 1992, North Korea signed a nuclear 
     safeguards agreement with the International Atomic Energy 
     Agency (IAEA), allowing for IAEA regular inspections of 
     nuclear facilities designated by North Korea.
       (4) Negotiations between North and South Korea over 
     implementation of the bilateral denuclearization agreement 
     have stalled.
       (5) North Korea stated its intention on March 12, 1993, to 
     withdraw from the Treaty on the Non-Proliferation of Nuclear 
     Weapons (NPT), done on July 1, 1968.
       (6) North Korea said it would ``suspend as long as it 
     considers necessary'' its withdrawal from the Treaty on June 
     11, 1993, but continues to refuse to fully comply with Treaty 
     provisions requiring regular inspections of declared nuclear 
     facilities and allowing special inspections of undeclared 
     sites.
       (7) North Korea is the only country to ever formally 
     threaten to withdraw from the Treaty, and effectively remains 
     in a state of noncompliance with the Treaty.
       (8) President Clinton has stated that the United States 
     objective is a Korean peninsula free of nuclear weapons, and 
     reaffirmed the United States security commitment to South 
     Korea during a visit there on July 10-11, 1993.
       (9) On November 7, 1993, President Clinton stated that 
     ``North Korea cannot be allowed to develop a nuclear bomb.''.
       (10) North Korea has reportedly rejected IAEA inspection 
     procedures of seven declared nuclear sites after agreeing, in 
     principle, with United States officials to allow IAEA 
     investigators to visit each of those sites.
       (11) In a statement issued on January 21, 1994, to IAEA 
     authorities, North Korea reportedly declared that ``routine 
     or ad hoc'' inspections, otherwise known as regular or 
     special inspections, would not be allowed, and an IAEA 
     spokesman stated that ``we are not in agreement'' about the 
     inspections.
       (b) Policy.--It is the sense of Congress that if North 
     Korea continues to resist the efforts of the international 
     community to allow the IAEA to conduct regular and special 
     inspections of its declared and undeclared nuclear sites and 
     facilities, and refuses to return to, and fully comply with, 
     the Treaty on the Non-Proliferation of Nuclear Weapons, the 
     President should--
       (1) fully coordinate with United States allies in the 
     region regarding the military posture of North Korea and the 
     ability of the United States to deter any future nuclear 
     attack against South Korea or Japan; and
       (2) in conjunction with United States allies, act to defend 
     United States security interests on the Korean peninsula and 
     enhance the defense capability of United States forces by 
     preparing to reintroduce tactical nuclear weapons in South 
     Korea.
       (c) Definition.--For purposes of this section, the term 
     ``IAEA'' means the International Atomic Energy Agency.
                                 ______


                  PELL (AND BIDEN) AMENDMENT NO. 1334

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

       At the appropriate place insert the following new section;

     SECTION 1. FINDINGS.

       The Congress finds that--
       (1) The international boundaries between the independent 
     countries of the former Yugoslavia are the same as the 
     internal borders among the constituent republics of the 
     former Yugoslavia as specified in the 1974 Yugoslav Federal 
     Constitution (except with regard to the border between Serbia 
     and Montenegro) and cannot be altered without the consent of 
     all countries concerned.
       (2) The Government of Croatia is violating the sovereignty 
     of Bosnia-Hercegovina by sending thousands of Croatian troops 
     to Hercegovina, ostensibly to counter an offensive against 
     ethnic Croatian civilians by Bosnian Government forces.
       (3) Croatian forces are interfering with U.N. peacekeeping 
     operations, including the delivery of humanitarian aid to 
     Bosnia-Hercegovina.

     SEC. 2. SANCTIONS AGAINST CROATIA.

       The President shall take any or all of the following 
     actions--
       (1) Instruct the United States Executive Director or 
     representative at all international financial institutions of 
     which the United States is a member to vote against all loans 
     to Croatia;
       (2) Provide no assistance to Croatia (except for 
     humanitarian assistance);
       (3) Make no sales to Croatia of any kind of military 
     equipment;
       (4) Prohibit the licensing of commercial military sales to 
     Croatia;
       (5) Provide no credits, and provide no guarantees of any 
     credits to Croatia;
       (6) Prohibit the sale or transfer to Croatia of any item 
     subject to export controls by any agency of the United 
     States;
       (7) Direct the Secretary of Transportation to revoke the 
     right of any air carrier designated by the Government of 
     Croatia to provide service to the United States;
       (8) Negotiate comprehensive multilateral sanctions pursuant 
     to the provisions of Chapter 7 of the United Nations Charter.

     SEC. 3. WAIVER.

       The President may waive the sanctions contained in section 
     2 if he determines and so certifies in writing to the 
     Chairman of the Committee on Foreign Relations of the Senate 
     and the Speaker of the House of Representatives that--
       (1) Croatia is not waging a war of military aggression 
     against any other country;
       (2) Croatia is not supporting directly or indirectly, any 
     military unit, militia, or paramilitary organization in any 
     other country;
       (3) Croatia is not occupying any territory of another 
     country and is not assisting forces occupying the territory 
     of another country;
       (4) Croatia recognizes the borders of Bosnia-Hercegovina as 
     specified in the 1974 Yugoslav Federal Constitution;
       (5) Croatia or forces loyal to or controlled by Croatia are 
     not interfering with United Nations peacekeeping operations 
     or with international humanitarian relief efforts; or
       (6) It is in the national interest of the United States to 
     do so.
                                 ______


                        KERRY AMENDMENT NO. 1335

  Mr. KERRY proposed an amendment to amendment No. 1291 proposed by Mr. 
Helms to the bill S. 1281, supra; as follows:

       Strike all after the first word and insert the following:
       The Congress finds that:
       (a) In an Executive Order of May 28, 1993, the President 
     established conditions for renewal of most-favored-nation 
     (MFN) status for the People's Republic of China in 1994.
       (b) This Executive Order requires that in making a 
     recommendation about the further extension of MFN status to 
     China, the Secretary of State shall not recommend extension 
     unless he determines that--
       (1) extension will substantially promote the freedom of 
     emigration objectives of Section 402 of the Trade Act of 
     1974; and
       (2) China is complying with the 1992 bilateral agreement 
     between the United States and China concerning prison labor.
       (c) The Executive Order further requires that in making his 
     recommendation, the Secretary of State shall determine 
     whether China has made overall, significant progress with 
     respect to:
       (1) taking steps to begin adhering to the Universal 
     Declaration of Human Rights;
       (2) releasing and providing an acceptable accounting for 
     Chinese citizens imprisoned or detained for the non-violent 
     expression of their political and religious beliefs, 
     including such expression of religious beliefs in connection 
     with the Democracy Wall and Tiananmen Square movements;
       (3) ensuring humane treatment of prisoners, such as by 
     allowing access to prisons by international humanitarian and 
     human rights organizations;
       (4) protecting Tibet's distinctive religious and cultural 
     heritage; and
       (5) permitting international radio and television 
     broadcasts into China.
       (d) The Executive Order further requires the Executive 
     Branch to resolutely pursue all legislative and executive 
     actions to ensure that China abides by its commitments to 
     follow fair, nondiscriminatory trade practices in dealing 
     with U.S. businesses, and adheres to the Nuclear 
     Nonproliferation Treaty, the Missile technology Control 
     Regime guidelines and parameters, and other nonproliferation 
     commitments.
       (e) The Chinese government should cooperate with 
     international efforts to obtain North Korea's full, 
     unconditional compliance with the Nuclear Non-Proliferation 
     Treaty.
       (f) The President has initiated an intensive high-level 
     dialogue with the Chinese government which began last year 
     with a meeting between the Secretary of State and the Chinese 
     Foreign Minister, included a meeting in Seattle between the 
     President and the President of China, meetings in Beijing 
     with the Secretary of the Treasury, the Assistant Secretary 
     for Human Rights and others, a recent meeting in Paris 
     between the Secretary of state and the Chinese Foreign 
     Minister, and recent meetings in Washington with several 
     Under Secretaries and their Chinese counterparts.
       (g) The President's efforts have led to some recent 
     progress on some issues of concern to the United States.
       (h) Notwithstanding this, substantially more progress is 
     needed to meet the standards in the President's Executive 
     Order.
       (i) The Chinese government's overall human rights record in 
     1993 fell far short of internationally accepted norms as it 
     continued to repress critics and failed to control abuses by 
     its own security forces.
       Therefore, it is the Sense of the Senate that:
       The President of the United States should use all 
     appropriate opportunities, in particular more high-level 
     exchanges with the Chinese government, to press for further 
     concrete progress towards meeting the standards for 
     continuation of MFN status as contained in the Executive 
     Order.
                                 ______


                      DeCONCINI AMENDMENT NO. 1336

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

       At the appropriate place, insert the following new section:

     SEC.  . SEWAGE TREATMENT ALONG THE UNITED STATES-MEXICO 
                   BORDER.

       (a) Definitions.--As used in this section:
       (1) Commissioner.--The term ``Commissioner'' means the 
     United States Commissioner of the International Boundary and 
     Water Commission.
       (2) Construction.--The term ``construction'' has the 
     meaning provided the term under section 212(1) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1292(1)).
       (3) Treatment Works.--the term ``treatment works'' has the 
     meaning provided the term under section 212(2) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1292(2)).
       (b) Agreements To Correct Pollution.--
       (1) In General.--The Secretary of State, acting through the 
     Commissioner, may enter into an agreement with the 
     appropriate representative of the Ministry of Foreign 
     Relations of Mexico to address the international problems 
     related to pollution caused by the discharge of raw and 
     inadequately treated sewage originating in the Republic of 
     Mexico to waters which form or cross the boundary between the 
     United States and Mexico.
       (2) Contents of Agreements.--An agreement entered into 
     under paragraph (1) shall consist of recommendations to the 
     appropriate officials of the Federal Government and the 
     Government of Mexico concerning measures to protect the 
     health and welfare of individuals from adverse effects of the 
     pollution referred to in paragraph (1), including 
     recommendations concerning--
       (A) whether treatment works should be constructed, 
     operated, and maintained in Mexico or the United States;
       (B) estimates of the cost of the planning, construction, 
     operation, and maintenance of the treatment works referred to 
     in subparagraph (A);
       (C) formulas for the initial allocation of costs between 
     the United States and Mexico with respect to the planning, 
     construction, operation, and maintenance of the treatment 
     works referred to in subparagraph (A);
       (D) a method for the review and adjustment of the formulas 
     recommended under subparagraph (C), not later than 5 years 
     after the date of issuance of the formulas, and every 5 years 
     thereafter, that recognizes that the initial formulas should 
     not be used as a precedent with respect to a subsequent 
     review and adjustment carried out pursuant to this 
     subparagraph; and
       (E) an estimated time period for the construction of a 
     treatment works referred to in subparagraph (A).
       (c) Authority of Secretary of State To Plan, Construct, 
     Operate, and Maintain Facilities.--The Secretary of State, 
     acting through the Commissioner, may act jointly with the 
     appropriate representative of the Government of Mexico to 
     supervise--
       (1) the planning of; and
       (2) the construction, operation, and maintenance of, the 
     treatment works recommended in an agreement entered into 
     pursuant to subsection (b)(1).
       (d) Consultation With The Administrator And Other 
     Officials.--In carrying out subsection (b), the Secretary 
     shall consult with the Administrator and other appropriate 
     officials of the Federal Government, and appropriate 
     officials of the governments of States and political 
     subdivisions of States.
       (e) Annual Report.--
       (1) In General.--Not later than 90 days after the date of 
     termination of each fiscal year, the Secretary of State, 
     acting through the Commissioner, shall prepare and submit to 
     the President, the Speaker of the House of Representatives, 
     and the Majority Leader of the Senate an annual report 
     concerning the activities of the International Boundary and 
     Water Commission in carrying out the responsibilities of the 
     Secretary of State pursuant to this section.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) a summary of the activities of the Commission during 
     the fiscal year;
       (B) a review of the problems related to pollution caused by 
     the discharge of raw and inadequately treated sewage from the 
     Republic of Mexico to the waters which form or cross the 
     boundary between the United States and Mexico;
       (C) a summary of the progress made by the Commissioner 
     during the fiscal year in entering into an agreement pursuant 
     to subsection (b)(1);
       (D) a summary of the progress made toward fulfilling the 
     recommendations included in an agreement referred to in 
     subparagraph (C);
       (E) a summary of any actions taken by the Commissioner to 
     plan, construct, operate, and maintain treatment works 
     pursuant to this section;
       (F) a summary of the consultations made by the Commissioner 
     pursuant to subsection (e);
       (G) recommendations that the Commissioner determines will 
     be beneficial in correcting pollution caused by the discharge 
     of raw and inadequately treated sewage from the Republic of 
     Mexico to waters which form or cross the boundary between the 
     United States and Mexico; and
       (H) such other information as the Commissioner determines 
     is necessary or appropriate.
       (f) Authorization of Appropriations.--
       (1) there is authorized to be appropriated to the Secretary 
     of State such sums as may be necessary to support agreements 
     concluded pursuant to subsection (b).
       (2) nothing in this section authorizes funds appropriated 
     pursuant to the fiscal year 1994 appropriations bill for the 
     Departments of Veterans Affairs, Housing and Urban 
     Development, and Independent Agencies (Public Law 103-124).
                                 ______


                        COHEN AMENDMENT NO. 1337

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

       At the end of the bill add the following new section:

     SEC.   . SENSE OF THE SENATE REGARDING MALAYSIA'S GSP STATUS.

       It is the sense of the Senate that the President should 
     maintain Malaysia's benefits under the Generalized System of 
     Preferences (GSP) unless it is determined that, under the 
     terms of 19 U.S.C. sec. 2462(c)(2), Malaysia has developed 
     economically beyond the goals of the GSP.
                                 ______


                        LEVIN AMENDMENT NO. 1338

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

       At the appropriate place, insert the following:
       A. The Senate finds that:
       1. In Bosnia-Hercegovina the civilian population has been 
     subject to egregious violations of basic human rights, 
     including wide-spread willful killing, the torture of 
     prisoners, deliberate attacks on non-combatants, the 
     intentional impeding of the delivery of food and medical 
     supplies to the civilian population, mass forcible expulsion 
     and deportation of civilians, the abuse of civilians in 
     detention centers, and the wanton devastation and destruction 
     of property.
       2. Ethnic cleansing, the systematic persecution of 
     minorities, indiscriminate attacks on civilians, violations 
     of internationally-held humanitarian principles, and the 
     deliberate targeting of aid workers has been and continues to 
     be common events in the conflict in Bosnia-Hercegovina.
       B. The Department of State shall within 60 days after the 
     enactment of this law brief the Committees of Judiciary of 
     the House of Representatives and the Senate on the steps 
     being taken by the United States to assure that all 
     appropriate efforts are being made to expeditiously identify 
     and assist all cases of Bosnian individuals and families who 
     are requesting third country resettlement and who are 
     eligible to seek refugee status in the United States and who 
     are seeking such refugee status.
                                 ______


               LAUTENBERG (AND OTHERS) AMENDMENT NO. 1339

  Mr. LAUTENBERG (for himself, Mr. Byrd, Mr. Dorgan, Mr. Kohl, and Mr. 
Feingold) proposed an amendment to the bill S. 1281, supra; as follows:
       On page 47, strike out lines 1 though 3.
                                 ______


                  BROWN (AND SIMON) AMENDMENT NO. 1340

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

       Sec.  . Implementation of Partnership for Peace. REPORT.--
     The President shall submit every six months, beginning six 
     months after the date of enactment of this Act, a detailed 
     report to the Senate Foreign Relations Committee, the House 
     Foreign Affairs Committee, and the House and the Senate Armed 
     Services Committees on the implementation of the 
     ``Partnership for Peace'' initiative, including an assessment 
     of the progress made by former members of the Warsaw Treaty 
     Organization in meeting the criteria for full membership 
     articulated in Article 10 of the North Atlantic Treaty, 
     wherein any other European state may, by unanimous agreement, 
     be invited to accede to the North Atlantic Treaty if it is in 
     a position to further the principles of the Treaty and to 
     contribute to the security of the North Atlantic area.
                                 ______


                        BROWN AMENDMENT NO. 1341

  Mr. KERRY (for Mr. Brown proposed an amendment to the bill S. 1281, 
supra; as follows:

       At the appropriate place in the bill add the following new 
     section:
       Sec.  . In addition to the other matters to be reviewed by 
     the commission established by this Act to study the 
     effectiveness of democracy programs funded by the United 
     States, the commission shall also understake a review of the 
     feasibility and desirability of mandating non-U.S. government 
     funding, including matching funds and in-kind support, for 
     democracy promotion programs. If the commission determines 
     that mandating such non-government funding is feasible and 
     desirable it shall make recommendations regarding goals and 
     procedures for implementation.
                                 ______


                      BINGAMAN AMENDMENT NO. 1342

  Mr. KERRY (for Mr. Bingaman) proposed an amendment to the bill S. 
1281, supra; as follows:

       On Page 179, below line 6, add the following:

     SEC. 714. LIMITATION ON AUTHORITY TO TRANSFER EXCESS DEFENSE 
                   ARTICLES.

       (a) Transfers to Countries on the Southern and Southeastern 
     Flank of NATO.--Section 516(b) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j(b)) is amended--
       (1) by striking out ``and'' at the end of paragraph (2);
       (2) by striking out the period at the end of paragraph (3) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) the President first considers the effects of the 
     transfer of the excess defense articles on the national 
     technology and industrial base, particularly the extent, if 
     any, to which the transfer reduces the opportunities of 
     entities in the national technology and industrial base to 
     sell new equipment to the country or countries to which the 
     excess defense articles are transferred.''.
       (b) Transfers to Countries Participating in a Comprehensive 
     National Antinarcotics Program.--Section 517(f) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is 
     amended--
       (1) by striking out ``and'' at the end of paragraph (2);
       (2) by striking out the period at the end of paragraph (3) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) the President first considers the effects of the 
     transfer of the excess defense articles on the national 
     technology and industrial base, particularly the extent, if 
     any, to which the transfer reduces the opportunities of 
     entities in the national technology and industrial base to 
     sell new equipment to the country or countries to which the 
     excess defense articles are transferred.''.
       (c) Transfers to Countries Eligible To Participate in a 
     Foreign Military Financing Program.--Section 519(b) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is 
     amended--
       (1) by striking out ``and'' at the end of paragraph (3);
       (2) by striking out the period at the end of paragraph (4) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) the President first considers the effects of the 
     transfer of the excess defense articles on the national 
     technology and industrial base, particularly the extent, if 
     any, to which the transfer reduces the opportunities of 
     entities in the national technology and industrial base to 
     sell new equipment to the country or countries to which the 
     excess defense articles are transferred.''.
       (d) Sales from Stock Under Arms Export Control Act.--
     Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is 
     amended by adding at the end the following new subsection:
       ``(k) Before entering into the sale under this Act of 
     defense articles that are excess to the stocks of the 
     Department of Defense, the President shall first consider the 
     effects of the sale of the articles on the national 
     technology and industrial base, particularly the extent, if 
     any, to which the sale reduces the opportunities of entities 
     in the national technology and industrial base to sell new 
     equipment to the country or countries to which the excess 
     defense articles are sold.''.
       (e) Leases under Arms Export Control act.--Section 61(a) of 
     the Arms Export Control Act (22 U.S.C. 2796(a)) is amended--
       (1) by striking out ``and'' at the end of paragraph (2);
       (2) by redesignating paragraph (3) as paragraph (4);
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):

 Mr. BINGAMAM. Mr. President, the amendment I am offering is a 
simple one. What it says is that the President should consider the 
effects of the transfers of excess defense articles on our industrial 
base before we proceed with the transfers.
  This amendment in a very similar form was adopted last year by the 
Senate Armed Services Committee and included in the fiscal year 1994 
Defense Authorization Act which was reported to the full Senate. It was 
adopted by our committee in response to testimony we received from 
industry that these transfers were in some instances directly competing 
with and undercutting U.S. industry efforts to sell new equipment.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      Limitation on Authority to Transfer Excess Defense Articles

       The drawdown of U.S. armed forces around the world has 
     resulted in a large amount of excess military equipment. At 
     the same time, funding for security assistance is declining. 
     These factors have led to more transfers of excess equipment 
     on a grant or low cost basis to eligible countries under 
     sections 516, 517, 518, and 519 of the Foreign Assistance Act 
     of 1961.
       The committee supports the transfer of excess defense 
     articles to U.S. allies and friends as a cost-effective means 
     of realizing security benefits from the transfer of equipment 
     that is no longer needed by U.S. military forces. In fact, in 
     1986, the committee initiated the so-called ``Southern 
     Flank'' amendment (section 516 of the Foreign Assistance Act 
     of 1961).
       However, at this time, the number and size of these 
     transfers are substantial enough to compete directly with 
     U.S. industry efforts to sell new equipment. The transfer of 
     excess equipment can undercut new equipment sales which 
     strengthen the national technology and industrial base, 
     maintain jobs, and reduce the unit costs of equipment 
     purchased by the Defense Department. Both the sales of new 
     equipment and the transfer of excess equipment offer 
     important benefits; however, the U.S. government does not 
     appear to systematically consider the effect of transferring 
     excess defense article to a country upon any U.S. industry 
     efforts that might be underway to sell new equipment to the 
     same country. The committee recommends a provision that would 
     require the President to consider, on a case-by-case basis, 
     the effects of a transfer of excess defense articles on the 
     national technology and industrial base.

  Mr. BINGAMAN. Mr. President, at the request of Senator Pell, chairman 
of the Senate Foreign Relations Committee, this provision was dropped 
from the defense authorization bill when the full Senate took up the 
bill. The chairman felt that the State Department authorization bill we 
are now debating was the more appropriate vehicle for this provision 
since it amends the Foreign Assistance and Arms Exports Control Acts. 
The chairman's staff indicated that they had no substantive 
disagreement with the provision.
  Mr. President, according to a just-completed GAO report done at the 
request of the chairman of the House Foreign Affairs Committee, 
Congressman Hamilton, the scale of these excess defense article 
transfers has increased significantly in recent years as we draw down 
our forces. According to GAO, between fiscal year 1990 and 1992, DOD 
notified Congress of proposed transfers of excess defense articles with 
an estimated current value of nearly $1 billion and an original 
acquisition value of about $3.5 billion. Given the scale of these 
transfers, it is not surprising that in some instances these transfers 
undercut potential sales of new items which could help sustain our 
industrial base. My amendment asks the Defense Department and the State 
Department to try to avoid such cases, but leaves the mechanism for 
obtaining industry input on these transfers and the ultimate decision 
on whether to proceed with the transfers to the executive branch.
  Mr. President, I would also note that I would hope that the fact the 
United States is supplying such large amounts of excess defense 
articles to some of our allies can have a positive contribution on our 
industrial base by influencing those countries to buy American in 
purchasing other military equipment. None of our competitors in the 
international arms market has a program on anything like the scale we 
have to dispose of excess defense articles on very attractive terms. It 
would be disappointing indeed to see beneficiaries of the excess 
defense article transfers turn around and not buy new equipment from 
United States industry.
  Mr. President, I believe that this amendment has been cleared on both 
sides, and I would urge its adoption.

                          ____________________