[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]

 
                     DOLE AMENDMENT NOS. 1350-1351

  Mr. HELMS (for Mr. Dole) proposed two amendments to the bill S. 1281, 
supra; as follows:

                           Amendment No. 1350

       On page 82, after line 23, insert the following:

     SEC. 170B. REPORTING REQUIREMENTS INVOLVING MULTILATERAL 
                   PEACEKEEPING ACTIVITIES.

       (a) United States Personnel Taken Prisoner While Serving in 
     Multilateral Peacekeeping Forces.--
       (1) Findings.--The Congress finds that--
       (A) until recent years United States military personnel 
     rarely served as part of multilateral forces under the United 
     Nations or regional international organizations;
       (B) despite infrequent service as part of multilateral 
     forces, United States personnel, such as Colonel William 
     Higgins in Lebanon, have been captured, tortured, and 
     murdered;
       (C) in recent years, United States military personnel have 
     served much more frequently as part of multilateral forces;
       (D) the capture and torture of Chief Warrant Officer 
     Michael Durant in Somalia in October 1993 was horrendous and 
     recent example of the risk to United States personnel in 
     multilateral forces;
       (E) continued multilateral service increases the 
     probability that United States military personnel will be 
     captured, and subject to mistreatment;
       (F) United States military personnel captured while serving 
     as part of multilateral forces have not been treated as 
     prisoners of war under the 1949 Geneva Conventions and other 
     international agreements intended to protect prisoners of 
     war; and
       (G) failure of United States military personnel serving as 
     part of a multilateral force to receive protection under 
     international law increases the risk to personnel while 
     serving in multinational forces.
       (2) Policy.--It is the sense of the Congress that--
       (A) the President should take immediate steps, unilaterally 
     and in appropriate international bodies, to assure that any 
     United States military personnel serving as part of a 
     multilateral force who are captured are accorded the 
     protection to prisoners of war; and
       (B) the President should also take all necessary steps to 
     bring to justice all individuals responsible for 
     mistreatment, torture, or death of United States military 
     personnel who are captured while serving in a multilateral 
     force.
       (3) Report.--Each report submitted pursuant to section 169 
     of this act shall include a separate section setting forth--
       (A) the status under international law of members of 
     multilateral peacekeeping forces, including the legal status 
     of such personnel if captured, missing, or detained,
       (B) the extent of the risk for United States military 
     personnel who are captured while participating in 
     multinational peacekeeping forces in cases where their 
     captors fail to respect the 1949 Geneva Conventions and other 
     international agreements intended to protect prisoners of 
     war, and
       (C) the specific steps that have been taken to protect 
     United States military personnel participating in 
     multinational peacekeeping forces, together (if necessary) 
     with any recommendations for the enactment of legislation to 
     achieve that objective.
       (b) Human Rights Observance in United Nations Peacekeeping 
     Activities.--(1) Section 1069 of the bill is amended to 
     include the following at the end:
       ``(5) a description of respect for internationally 
     recognized human rights in countries or territories where a 
     United Nations peacekeeping activity has taken place during 
     the preceding year by UN forces, including a description of 
     United Nations' efforts to investigate and take appropriate 
     action, in cases of alleged human rights violations''.
                                  ____


                           Amendment No. 1351

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

     SECTION . REPORT ON SANCTIONS ON VIETNAM

       (a) Not later than 30 days after any action to modify, ease 
     or end any prohibition, restriction, condition or limitation 
     on transaction 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 27, 1994 under 
     the Act of October 6, 1917 (40 Stat. 411 et seq.) as amended, 
     the President shall report in writing to the Senate and the 
     House of Representatives whether 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 of 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 27, 1994;
       (b) Definitions.--For purpose of subsection (a)--
       (1) the phrase ``cases or reports 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.

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