[Congressional Record Volume 140, Number 90 (Wednesday, July 13, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED AGENCIES 
                  APPROPRIATIONS ACT, FISCAL YEAR 1995

                                 ______


                        LEAHY AMENDMENT NO. 2238

  Mr. LEAHY proposed an amendment to the bill (H.R. 4426) making 
appropriations for foreign operations, export financing, and related 
programs for the fiscal year ending September 30, 1995; and follows:

       On page 89, line 12 of the Committee reported bill, strike 
     ``in'' and all that follows through ``Act'' on line 16 and 
     insert in lieu thereof: ``notwithstanding any other provision 
     of law''.
       On page 99, line 11 of the Committee reported bill, after 
     ``country.'' insert: ``The authority provided by subsection 
     (a) may be exercised notwithstanding section 620(r) of the 
     Foreign Assistance Act of 1961.''
       On page 10, line 1 of the Committee reported bill, after 
     the word ``activities'' insert: ``notwithstanding any other 
     provision of law''.
                                 ______


                THURMOND (AND OTHERS) AMENDMENT NO. 2239

  Mr. THURMOND (for himself, Mr. Pressler, Mr. Helms, and Mr. Craig) 
proposed an amendment to the bill H.R. 4426, supra; as follows:

       To the first committee amendment, at the end of the 
     amendment insert the following:

     SEC.  . SENSE OF THE SENATE ON URUGUAY ROUND IMPLEMENTATION.

       (a) Findings.--The Senate makes the following findings:
       (1) the United States recently signed the Uruguay Round 
     Agreement which included among its provisions the 
     establishment of a new supranational governing body known as 
     the World Trade Organization (hereafter in this section 
     referred to as the ``WTO'').
       (2) The legislation approving fast track authority and 
     giving the executive branch negotiators specific objectives 
     did not authorize the elimination of the current General 
     Agreement on Tariffs and Trade structure and the creation of 
     a new, more powerful world-governing institution.
       (3) The Congress has the constitutional prerogative to 
     regulate foreign commerce and may be ceding such authority to 
     the WTO.
       (4) The initial membership of the WTO is 117 nations. The 
     United States will have only one vote and no veto rights in 
     the WTO.
       (5) The single vote structure will give the European Union 
     the capacity to out vote the United States 12 to 1. It will 
     also give the island nation of St. Kitts, with a population 
     of 60,000, the same voting power as the United States.
       (6) The United States will have less than 1 percent of the 
     total vote, but will be assessed almost 20 percent of the 
     total cost of operating the WTO.
       (7) The one vote-no veto structure of the WTO will increase 
     the power of nations, which are not democracies and do not 
     share our Nation's traditional notions of capitalism and 
     freedom.
       (8) Any United States law can be challenged by a WTO member 
     as an illegal trade barrier and such challenge will be heard 
     by a closed tribunal of 3 trade lawyers.
       (9) The United States must eliminate any law that a WTO 
     tribunal finds to be in conflict with the trade rules of the 
     WTO or the United States will face severe trade sanctions.
       (10) The WTO would effectively set the parameters within 
     which United States Federal, State, and local legislators can 
     maintain or establish domestic policy on the broad array of 
     issues covered under the nontariff provisions of the WTO.
       (11) State officials have no standing before WTO tribunals 
     even if a State law is challenged as an illegal trade 
     barrier.
       (12) The WTO would require the United States Federal 
     Government to preempt, sue, or otherwise coerce States into 
     following the WTO trade rules which the States did not 
     negotiate and to which they are not a legal party.
       (13) The Attorneys General from 42 States have signed a 
     letter to the President expressing their concern over States 
     rights under the WTO and have asked for a summit to 
     discuss these issues.
       (14) WTO decisions could result in shifts in State and 
     local tax burdens from foreign multi-national corporations to 
     American businesses, farmers, and homeowners.
       (15) Under pay-as-you-go budget rules, the revenue losses 
     from tariff reductions must be offset over a 10-year period.
       (16) The Congressional Budget Office has estimated that 
     such tariff reductions will cost approximately 
     $40,000,000,000.
       (17) When the United States joined other supranational 
     governing bodies, the United States retained rational 
     precautions, such as a permanent seat on the Security Council 
     and veto rights in the United Nations, and a voting share in 
     the International Monetary Fund that is commensurate with its 
     role in the global economy.
       (18) The WTO Agreement prohibits unilateral action by the 
     United States including action against predatory and unfair 
     trade actions of other member nations.
       (19) The dispute settlement mechanisms to be used by the 
     WTO will be conducted in secret and in a manner that is not 
     consistent with the guarantees of judicial impartiality and 
     due process which characterize the United States judicial 
     tradition.
       (20) The WTO Agreement is already resulting in substantial 
     changes and erosion of existing United States law.
       (21) Neither the United States Congress nor the American 
     people have had an opportunity to analyze and debate the 
     long-term impact of United States membership in the WTO.
       (22) Traditionally the United States has entered into 
     international obligations that impact on domestic sovereignty 
     and law and that have the legal statute and permanence that 
     the WTO has, by using treaty ratification procedures.
       (23) The United States Senate rejected, on sovereignty 
     grounds, executive branch attempts to secure ratification of 
     a similar supranational organization known as the 
     International Trade Organization when it was offered 
     repeatedly between 1947 and 1950. The Organization for Trade 
     Cooperation was rejected by the Senate in 1955.
       (24) Under the rules of fast track, the United States 
     Senate cannot change or amend provisions creating the WTO and 
     is limited to 20 hours of debate.
       (b) Policy.--It is the policy of the Senate that--
       (1) a task force composed of members of Congress and the 
     executive branch be established to study and report to the 
     Congress and the President within 90 days on whether the 
     provisions creating the World Trade Organization should be 
     treated as a treaty or an executive agreement, and
       (2) a 90-day period be allowed before the introduction of 
     the Uruguay Round implementation legislation and that during 
     that period additional Congressional hearings be held to 
     consider the full ramifications of the United States joining 
     the WTO, including the impact that joining the WTO will have 
     on State and local laws.
                                 ______


               McCONNELL (AND OTHERS) AMENDMENT NO. 2240

  Mr. McCONNELL (for himself, Mr. McCain, Mr. D'Amato, Mr. Dole, Mr. 
Helms, Mr. Lautenberg, Mr. DeConcini, and Mr. Byrd) proposed an 
amendment to the bill H.R. 4426, supra; as follows:

       At the end of the committee amendment on page 2, add the 
     following:
       ``Sec.  . (a) Restriction.--None of the funds appropriated 
     or otherwise made available by this Act may be obligated for 
     assistance for the Government of Russia after August 31, 1994 
     unless all armed forces of Russia and the Commonwealth of 
     Independent States have been removed from all Baltic 
     countries or that the status of those armed forces have been 
     otherwise resolved by mutual agreement of the parties.
       ``(b) Subsection (a) does not apply to assistance that 
     involves the provision of student exchange programs, food, 
     clothing, medicine or other humanitarian assistance or to 
     housing assistance for officers of the armed forces of Russia 
     or the Commonwealth of Independent States who are removed 
     from the territory of Estonia, Latvia, Lithuania, or 
     countries other than Russia.
       ``(c) Subsection (a) does not apply if after August 31, 
     1994, the President determines that the provision of funds to 
     the government of Russia is in the national security 
     interest.
       ``(d) Section 568 of this Act is null and void.''
                                 ______


                  DOLE (AND LEVIN) AMENDMENT NO. 2241

  Mr. DOLE (for himself and Mr. Levin) proposed an amendment to the 
bill H.R. 4426, supra; as follows:

       On page 23, line 21, delete ``(m)'' and insert the 
     following new subsection:
       (m) Not less than $5 million of the funds appropriated 
     under this heading shall be made available for the 
     capitalization of a Trans-Caucasus Enterprise Fund.
                                 ______


             DOLE (AND LIEBERMAN) AMENDMENTS NOS. 2242-2244

  Mr. DOLE (for himself and Mr. Lieberman) submitted three amendments 
to the bill H.R. 4426, supra; as follows:

                           Amendment No. 2242

       On page 112, between lines 9 and 10, insert the following 
     new section:


     SEC.  . HUMANITARIAN ASSISTANCE FOR BOSNIA AND HERZEGOVINA.

       Of the funds appropriated by this Act, not less than 
     $5,000,000 shall be available only for medical equipment, 
     medical supplies, and medicine to Bosnia and Herzegovina, and 
     for the repair and reconstruction of hospitals, clinics, and 
     medical facilities in Bosnia and Herzegovina.
                                  ____


                           Amendment No. 2243

       On page 112, between lines 9 and 10, insert the following 
     new section:

     SEC.  . EMERGENCY PROJECTS IN BOSNIA AND HERZEGOVINA.

       Of the funds appropriated by this Act, not less than 
     $10,000,000 shall be available only for emergency 
     winterization and rehabilitation projects and for the 
     reestablishment of essential services in Bosnia and 
     Herzegovina.
                                  ____


                           Amendment No. 2244

       On page 72, line 23, insert ``, Serbia, and Montenegro'' 
     after ``Iraq''.
       On page 73, line 11, insert ``, Serbia, or Montenegro'' 
     after ``Iraq''.
       On page 73, line 17, insert ``, Serbia, or Montenegro, as 
     the case may be,'' after ``Iraq''.
       On page 73, line 19, insert ``, Serbia, or Montenegro, as 
     the case may be'' after ``Iraq''.
                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 2245

  Mr. DOLE (for himself, Mr. Warner, Mr. Helms, and Mr. McCain) 
proposed an amendment to the bill H.R. 4426, supra; as follows:

       On page 112, between lines 9 and 10, insert the following 
     new section:

     SEC.   . CONGRESSIONAL COMMISSION ON HAITI POLICY.

       (a) Congressional Findings.--The Congress finds that--
       (1) the American people support a peaceful transition to a 
     democratic and representative government in Haiti;
       (2) Haiti's elected President who is in exile and the de 
     facto ruling junta in Haiti have reached an impasse in their 
     negotiations for the reinstitution of civilian government;
       (3) the extensive economic sanctions imposed by the United 
     Nations and United States against the de facto rulers are 
     causing grave harm to innocent Haitians;
       (4) private businesses and other sources of employment are 
     being shut down, and the continuation of the comprehensive 
     economic sanctions are causing massive starvation, the spread 
     of disease at epidemic proportions, and widespread 
     environmental degradation; and
       (5) an armed invasion of Haiti by forces of the United 
     States, the United Nations, and the Organization of American 
     States would endanger the lives of troops sent to Haiti as 
     well as thousands of Haitians, especially civilians.
       (b) Establishment and Duties.--(1) There is established a 
     congressional commission which shall be known as the 
     Commission on Haiti Policy (in this section referred to as 
     the ``Commission'').
       (2) It shall be the duty of the Commission--
       (A) to assess the humanitarian, political, and diplomatic 
     conditions in Haiti; and
       (B) to submit to the Congress the report described in 
     subsection (d).
       (3) In carrying out its duties, the Commission shall call 
     upon recognized experts on Haiti and Haitian culture, as well 
     as experts on health and social welfare, political 
     institution building, and diplomatic processes and 
     negotiations.
       (c) Composition of Commission.--The Commission shall 
     consist of the following Members of Congress (or their 
     designees):
       (1) The Majority Leader of the Senate.
       (2) The Minority Leader of the Senate.
       (3) The chairman and the ranking Member of the following 
     committees of the Senate:
       (A) The Committee on Appropriations.
       (B) The Committee on Foreign Relations.
       (C) The Select Committee on Intelligence.
       (D) The Committee on Armed Services.
       (4) The Speaker of the House of Representatives.
       (5) The Minority Leader of the House of Representatives.
       (6) The chairman and ranking Member of the following 
     committees of the House of Representatives:
       (A) The Committee on Appropriations.
       (B) The Committee on Foreign Affairs.
       (C) The Permanent Select Committee on Intelligence.
       (D) The Committee on Armed Services.
       (d) Report of Commission.--Not later than 45 days after 
     enactment of this Act, the Commission shall submit to the 
     Congress a report on the Commission's analysis and assessment 
     of conditions in Haiti and, if appropriate, analysis and 
     assessment of appropriate policy options available to the 
     United States with respect to Haiti.
                                 ______


                SIMON (AND JEFFORDS) AMENDMENT NO. 2246

  Mr. SIMON. (for himself and Mr. Jeffords) proposed an amendment to 
the bill H.R. 4426, supra; as follows:

       On page 112, between lines 9 and 10, insert the following 
     new section:


         POVERTY REDUCTION EMPHASIS FOR DEVELOPMENT ASSISTANCE

       Sec.  . (a) Of the total amount of funds appropriated by 
     this Act to carry out chapters 1 and 10 of part I of the 
     Foreign Assistance Act of 1961, a substantial percentage of 
     the funds shall be available only to finance programs, 
     projects, and activities that directly improve the lives of 
     the poor, with special emphasis on those individuals living 
     in absolute poverty.
       (b) It is the sense of Congress that the President, in 
     carrying out this section, should--
       (1) promulgate appropriate standards for identifying those 
     populations living in poverty;
       (2) establish a program performance, monitoring, and 
     evaluation capacity within the Agency for International 
     Development that will develop and prepare, in consultation 
     with both local and international nongovernmental 
     organizations, appropriate indicators, and criteria for 
     monitoring and evaluation of progress toward poverty 
     reduction; and
       (3) take steps necessary to increase the direct involvement 
     of the poor in project design, implementation and evaluation, 
     including increasing opportunities for direct funding of 
     local nongovernmental organizations serving these 
     populations, and other local capacity-building measures.
       (c) The Congress urges the President, not later than April 
     1, 1995, to submit to the Congress a report setting forth the 
     progress made in carrying out this section.
                                 ______


                        BROWN AMENDMENT NO. 2247

  Mr. McCONNELL (for Mr. Brown) proposed an amendment to the bill H.R. 
4426, supra; as follows:

       On page 7, lines 7 and 8, strike ``$382,000,000: 
     Provided,'' and insert ``$273,000,000: Provided, That not to 
     exceed $12,000,000 of the funds appropriated under this 
     heading shall be made available for the United Nations 
     Development Program: Provided further,''.
                                 ______


                  BROWN (AND OTHERS) AMENDMENT NO 2248

  Mr. McCONNELL for Mr. Brown (for himself, Mr. Simon, Mr. Roth, Ms. 
Mikulski, Mr. Dole, and Mr. Domenici) proposed an amendment to the bill 
H.R. 4426, supra; as follows:

       At the end of the Committee amendment which ends on line 21 
     of page 2 of the bill, add the following new section:

     SEC.   . ADDITIONAL COUNTRIES ELIGIBLE FOR PARTICIPATION IN 
                   ALLIED DEFENSE COOPERATION.

       (a) Short Title.--This section may be cited as the ``NATO 
     Participation Act''.
       (b) Transfer of Excess Defense Articles.--The President may 
     transfer excess defense articles under section 516 of the 
     Foreign Assistance Act of 1961, or under the Arms Export 
     Control Act to Poland, Hungary, and the Czech Republic.
       (c) Leases and Loans of Major Defense Equipment and Other 
     Defense Articles.--Section 63(a)(2) of the Arms Export 
     Control Act (22 U.S.C. 2796b) is amended by striking ``or New 
     Zealand`` and inserting ``New Zealand, Poland, Hungary, or 
     the Czech Republic''.
       (d) Loan Materials, Supplies, and Equipment for Research 
     and Development Purposes.--Section 65(d) of the Arms Export 
     Control Act (22 U.S.C. 2796d(d)) is amended--
       (1) by striking ``or'' after ``United States)'' and 
     inserting a comma; and
       (2) by inserting before the period at the end of the 
     following: ``, Poland, Hungary, or the Czech Republic''.
       (e) Cooperative Military Airlift Agreements.--Section 
     2350c(e)(1)(B) of title 10, United Stated Code, is amended by 
     striking ``and the Republic of Korea'' and inserting ``the 
     Republic of Korea, Poland, Hungary, and the Czech Republic''.
       (f) Procurement of Communications Support and Related 
     Supplies and Services.--Section 2350f(d)(1)(B) is amended by 
     striking ``or the Republic of Korea'' and inserting ``the 
     Republic of Korea, Poland, Hungary, or the Czech Republic''.
       (g) Standardization of Equipment With North Atlantic Treaty 
     Organization Members.--Section 2457 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g) It is the sense of the Congress that in the interest 
     of maintaining stability and promoting democracy in Eastern 
     Europe, Poland, Hungary, and the Czech Republic, those 
     countries should, on and after the date of enactment of this 
     subsection, be included in all activities under this section 
     related to the increased standardization and enhanced 
     interoperability of equipment and weapons systems, through 
     coordinated training and procurement activities, as well as 
     other means, undertaken by the North Atlantic Treaty 
     Organization members and other allied countries.''
       (h) Inclusion of Other European Countries Emerging From 
     Communist Domination.--The President should recommend 
     legislation to the Congress making eligible under the 
     provisions of law amended by this section such other European 
     countries emerging from communist domination as the President 
     may determine if such countries--
       (1) have made significant progress toward establishing 
     democratic institutions, free market economies, civilian 
     control of their armed forces, and the rule of law; and
       (2) are likely, within 5 years of such determination, to be 
     in a position to further the principles of the North Atlantic 
     treaty and to contribute to the security of the North 
     Atlantic area.
                                 ______


                    BROWN AMENDMENTS NOS. 2249-2251

  Mr. McCONNELL (for Mr. Brown) proposed three amendments to the bill 
H.R. 4426, supra; as follows:

                           Amendment No. 2249

       On page 3, line 12 strike ``$1,207,750,000'' and insert 
     ``$1,024,332,000.''
                                  ____


                           Amendment No. 2250

       On page 3, line 6, strike $98,800,000, insert $30,000,000 
     and on page 105, line 16, insert the following:
       ``(c) Funds appropriated by Title I of the Act under the 
     heading ``Limitation on Callable Capital Subscriptions'' 
     shall be available for payment to the IBRD for the Global 
     Environmental Facility (GEF) as follows:
       (1) 50 percent of the funds appropriated under such heading 
     shall be made available prior to April 1, 1995 only if the 
     Secretary of the Treasury makes the determination and so 
     reports to the Committee on Appropriations as described in 
     paragraph (3) of this subsection.
       (2) 50 percent of the funds appropriated under such heading 
     shall be made available on or after April 1, 1995 only if the 
     Secretary of the Treasury makes the determination and so 
     reports to the Committee on Appropriations as described in 
     paragraph (3) of this subsection.
       (3) The determinations referred to in paragraphs (1) and 
     (2) are determinations that the GEF has
       (i) established clear procedures ensuring public 
     availability of documentary information on all GEF projects 
     and associated projects of the GEF implementing agencies.
       (ii) established clear procedures ensuring that affected 
     peoples in recipient countries are consulted on 
     identification, preparation and implementation of GEF 
     projects.
                                  ____


                           Amendment No. 2251

       At the end of the bill insert the following--

     ``SEC. 576. LIMITATION ON USE OF FUNDS FOR CONTRIBUTION TO 
                   THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY.

       (a) Limitation.--Not more than $20,000,000 of the amount 
     appropriated under Title I under the heading ``CONTRIBUTION 
     TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE 
     INTERNATIONAL MONETARY FUND'' shall be available until the 
     Bipartisan Commission described in subsection (b) submits the 
     report described in subsection (c).
       (b) Bipartisan Commission.--There shall be established a 
     bipartisan Commission whose members shall be appointed within 
     two months of enactment of this Act to conduct a complete 
     review of the salaries and benefits of World Bank and 
     International Monetary Fund employees and their families. The 
     Commission shall be composed of:
       (i) 1 member appointed by the President;
       (ii) 1 member appointed by the Speaker of the House of 
     Representatives;
       (iii) 1 member appointed by the Minority Leader of the 
     House of Representatives;
       (iv) 1 member appointed by the Majority Leader of the 
     Senate;
       (v) 1 member appointed by the Minority Leader of the 
     Senate;
       (vi) Staff members--The U.S. Agency for International 
     Development shall provide funding for the hire of outside 
     experts and shall provide expert AID staff members to the 
     Commission as necessary.
       (c) Covered Report.--Within six months after appointment, 
     the Commission shall submit a report to the President, the 
     Speaker of the House of Representatives and the Chairman of 
     the Senate Foreign Relations Committee which includes the 
     following:
       (i) a review of the existing salary paid and benefits 
     received by the employees of the World Bank and the IMF;
       (ii) a review of all benefits paid by the World Bank and 
     the IMF to family members and dependents of the employees of 
     the World Bank and the IMF;
       (iii) a review of all salary and benefits paid to employees 
     and dependents of the World Bank and the IMF as compared to 
     all salary and benefits paid to comparable positions for 
     employees of U.S. banks.
                                 ______


                 BROWN (AND OTHERS) AMENDMENT NO. 2252

  Mr. McCONNELL for Mr. Brown (for himself, Mr. Simon, Mr Roth, Ms. 
Mikulski, and Mr. Dole) proposed an amendment to the bill H.R. 4426, 
supra; as follows:

       On page 2, line 21, after the period, insert the following:

     SEC.   . ADDITIONAL COUNTRIES ELIGIBLE FOR PARTICIPATION IN 
                   ALLIED DEFENSE COOPERATION.

       (a) Short Title.--This section may be cited as the ``NATO 
     Participation Act''.
       (b) Transfer of Excess Defense Articles.--The President may 
     transfer excess defense articles under the Foreign Assistance 
     Act of 1961 or the Arms Export Control Act to Poland, 
     Hungary, and the Czech Republic.
       (c) Leases and Loans of Major Defense Equipment and Other 
     Defense Articles.--Section 63(a)(2) of the Arms Export 
     Control Act (22 U.S.C. 2796b) is amended by striking ``or New 
     Zealand'' and inserting ``New Zealand, Poland, Hungary, or 
     the Czech Republic''.
       (d) Loan Materials, Supplies, and Equipment for Research 
     and Development Purposes.--Section 65(d) of the Arms Export 
     Control Act (22 U.S.C. 2796d(d)) is amended--
       (1) by striking ``or'' after ``United States)'' and 
     inserting a comma; and
       (2) by inserting before the period at the end the 
     following: ``, Poland, Hungary, or the Czech Republic''.
       (e) Cooperative Military Airlift Agreements.--Section 
     2350c(e)(1)(B) of title 10, United States Code, is amended by 
     striking ``and the Republic of Korea'' and inserting ``the 
     Republic of Korea, Poland, Hungary, and the Czech Republic''.
       (f) Procurement of Communications Support and Related 
     Supplies and Services.--Section 2350f(d)(1)(B) is amended by 
     striking ``or the Republic of Korea'' and inserting ``the 
     Republic of Korea, Poland, Hungary, and the Czech Republic''.
       (g) Standardization of Equipment With North Atlantic Treaty 
     Organization Members.--Section 2457 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g) It is the sense of the Congress that in the interest 
     of maintaining stability and promoting democracy in Eastern 
     Europe, Poland, Hungary, and the Czech Republic, those 
     countries should, on and after the date of enactment of this 
     subsection, be included in all activities under this section 
     related to the increased standardization and enhanced 
     interoperability of equipment and weapons systems, through 
     coordinated training and procurement activities, as well as 
     other means, undertaken by the North Atlantic Treaty 
     Organization members and other allied countries.''.
       (h) Inclusion of Other European Countries Emerging From 
     Communist Domination.--The President should recommend 
     legislation to the Congress making eligible under the 
     provisions of law amended by this section such other European 
     countries emerging from communist domination as the President 
     may determine if such countries--
       (1) have made significant progress toward establishing 
     democratic institutions, free market economies, civilian 
     control of their armed forces, and the rule of law; and
       (2) are likely, within 5 years of such determination, to be 
     in a position to further the principles of the North Atlantic 
     Treaty and to contribute to the security of the North 
     Atlantic area.
                                 ______


                    HELMS AMENDMENTS NOS. 2253-2260

  Mr. HELMS proposed eight amendments to the bill H.R. 4426, supra; as 
follows:

                           Amendment No. 2253

     SEC.   . NON-INTERVENTION CONCERNING ABORTION.

       (a) Congressional Declaration.--The Congress recognizes 
     that countries adhere to a diversity of cultural, religious, 
     and legal traditions regarding the deliberate abortion of the 
     human fetus.
       (b) Prohibited Activities.--Therefore, none of the funds 
     appropriated by this Act may be used by any agency of the 
     United States or any officer of the Executive Branch to--
       (1) engage in any activity or effort to alter the laws or 
     policies in effect in any foreign country concerning the 
     circumstances under which abortion is permitted, regulated, 
     or prohibited;
       (2) support any resolution or participate in any activity 
     of a multilateral organization which seeks to alter such laws 
     or policies in foreign countries; or
       (3) permit any multilateral organization or private 
     organization to use U.S. government funds for such purposes.
       (c) Rule of Statutory Construction.--Nothing in this 
     section may be construed to prevent--
       (1) U.S. funds from being used to pay for treatment of 
     injuries or illnesses caused by legal or illegal abortions; 
     or
       (2) agencies or officers of the United States from engaging 
     in activities in opposition to policies of coercive abortion 
     or involuntary sterilization.''
                                  ____


                           Amendment No. 2254

       On page 8, line 22, before the period insert the following: 
     ``: Provided further, That none of the funds appropriated 
     under this heading shall be made available for the United 
     Nations Development Program''.
                                  ____


                           Amendment No. 2255

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


 prohibition on assistance to foreign governments engaged in espionage 
                       against the united states

       Sec.   . (a) None of the funds appropriated by this Act 
     (other than for humanitarian assistance or assistance for 
     refugees) may be provided to any foreign government which the 
     President determines is engaged in intelligence activities 
     within the United States harmful to the national security of 
     the United States.
                                  ____


                           Amendment No. 2256

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

     ``SEC.   . RUSSIAN CHEMICAL AND BIOLOGICAL WEAPONS 
                   PRODUCTION.

       None of the funds appropriated or otherwise made available 
     under this Act may be made available in any fiscal year for 
     Russia (other than humanitarian assistance) unless the 
     President has certified to the Congress not more than 6 
     months in advance of the obligation or expenditure of such 
     funds that Russia is in compliance with the Convention on the 
     Prohibition of the Development, Production and Stockpiling of 
     Bacteriological (Biological) and Toxin Weapons and on Their 
     Destruction, and has disclosed the existence of its binary 
     chemical weapons program (as required under the memorandum of 
     understanding regarding a bilateral verification experiment 
     and data exchange related to prohibition of chemical weapons) 
     and the Convention on the Prohibition of the Development, 
     Production, Stockpiling and Use of Chemical Weapons and on 
     Their Destruction.''
                                  ____


                           Amendment No. 2257

       At the appropriate place in the first Committee amendment 
     add the following:
       On page 93, between lines 13 and 14, insert the following:
       (1) a full and independent investigation conducted relating 
     to issues raised by the discovery, after the May 23 explosion 
     in Managua, of weapons caches, false passports, identity 
     papers and other documents, suggesting the existence of a 
     terrorist/kidnapping ring;
       On page 93, line 22, strike out ``(2)'' and insert in lieu 
     thereof ``(3)''.
       On page 93, line 24, strike out ``(3)'' and insert in lieu 
     thereof ``(4)''.
       On page 94, line 4, strike out ``(4)'' and insert in lieu 
     thereof ``(5)''.
       On page 94, line 8, strike out ``(5)'' and insert in lieu 
     thereof ``(6)''.
       On page 94, line 11, strike out ``(6)'' and insert in lieu 
     thereof ``(7)''.
                                  ____


                           Amendment No. 2258

       On page 98, line 24 strike out ``and'' and all that follows 
     through page 99, line 3, and insert in lieu thereof the 
     following:
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) has not nationalized, expropriated, or otherwise seized 
     ownership or control of property owned by any United States 
     person and has not either--
       (A) returned the property;
       (B) provided adequate and effective compensation for such 
     property in convertible foreign exchange or other mutually 
     acceptable compensation equivalent to the full value thereof, 
     as required by international law;
       (C) offered a domestic procedure providing prompt, adequate 
     and effective compensation in accordance with international 
     law; or
       (D) submitted the dispute to arbitration under the rules of 
     the Convention for the Settlement of Investment disputes or 
     other mutually agreeable binding international arbitration 
     procedure.
                                  ____


                           Amendment No. 2259

       At the end of the amendment, insert the following:
       On page 112, between lines 9 and 10, insert:
 TITLE VI--MOST-FAVORED-NATION TREATMENT FOR PEOPLE'S REPUBLIC OF CHINA

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``United States-China Act of 
     1994''.

     SEC. 602. FINDINGS AND POLICY.

       (a) Findings.--The Congress makes the following findings:
       (1) In Executive Order 12850, dated May 28, 1993, the 
     President established conditions for renewing most-favored-
     nation treatment for the People's Republic of China in 1994.
       (2) The Executive order requires that in recommending the 
     extension of most-favored-nation trade status to the People's 
     Republic of China for the 12-month period beginning July 3, 
     1994, the Secretary of State shall not recommend extension 
     unless the Secretary determines that such extension 
     substantially promotes the freedom of emigration objectives 
     contained in section 402 of the Trade Act of 1974 (19 U.S.C. 
     2432) and that China is complying with the 1992 bilateral 
     agreement between the United States and China concerning 
     export to the United States of products made with prison 
     labor.
       (3) The Executive order further requires that in making the 
     recommendation, the Secretary of State shall determine if 
     China has made overall significant progress with respect to--
       (A) taking steps to begin adhering to the Universal 
     Declaration of Human Rights;
       (B) releasing and providing an acceptable accounting for 
     Chinese citizens imprisoned or detained for the nonviolent 
     expression of their political and religious beliefs, 
     including such expressions of beliefs in connection with the 
     Democracy Wall and Tiananmen Square movements;
       (C) ensuring humane treatment of prisoners, and allowing 
     access to prisons by international humanitarian and human 
     rights organizations;
       (D protecting Tibet's distinctive religious and cultural 
     heritage; and
       (E) permitting international radio and television 
     broadcasts into China.
       (4) The Executive order 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 United 
     States businesses and adheres to the Nuclear Nonproliferation 
     Treaty, the Missile Technology Control Regime guidelines and 
     parameters, and other nonproliferation commitments.
       (5) The Government of the People's Republic of China, a 
     member of the United Nations Security Council obligated to 
     respect and uphold the United Nations charter and Universal 
     Declaration of Human Rights, has over the past year made less 
     than significant progress on human rights. The People's 
     Republic of China has released only a few prominent political 
     prisoners and continues to violate internationally recognized 
     standards of human rights by arbitrary arrests and detention 
     of persons for the nonviolent expression of their political 
     and religious beliefs.
       (6) The Government of the People's Republic of China has 
     not allowed humanitarian and human rights organizations 
     access to prisons.
       (7) The Government of the People's Republic of China has 
     refused to meet with the Dalai Lama, or his representative, 
     to discuss the protection of Tibet's distinctive religious 
     and cultural heritage.
       (8) It continues to be the policy and practice of the 
     Government of the People's Republic of China to control all 
     trade unions and suppress and harass members of the 
     independent labor union movement.
       (9) The Government of the People's Republic of China 
     continues to restrict the activities of accredited 
     journalists and Voice of America broadcasts.
       (10) The People's Republic of China's defense industrial 
     trading companies and the People's Liberation Army engage in 
     lucrative trade relations with the United States and operate 
     lucrative commercial businesses within the United States. 
     Trade with and investments in the defense industrial trading 
     companies and the People's Liberation Army are contrary to 
     the national security interests of the United States.
       (11) The President has conducted an intensive high-level 
     dialogue with the Government of the People's Republic of 
     China, including meeting with the President of China, in an 
     effort to encourage that government to make significant 
     progress toward meeting the standards contained in the 
     Executive order for continuation of most-favored-nation 
     treatment.
       (12) The Government of the People's Republic of China has 
     not made overall significant progress with respect to the 
     standards contained in the President's Executive Order 12850, 
     dated May 28, 1993.
       (b) Policy.--It is the policy of the Congress that, since 
     the President has recommended the continuation of the waiver 
     under section 402(d) of the Trade Act of 1974 for the 
     People's Republic of China for the 12-month period beginning 
     July 3, 1994, such waiver shall not provide for extension of 
     nondiscriminatory trade treatment to goods that are produced, 
     manufactured, or exported by the People's Liberation Army or 
     Chinese defense industrial trading companies or to 
     nonqualified goods that are produced, manufactured, or 
     exported by state-owned enterprises of the People's Republic 
     of China.

     SEC. 603. LIMITATIONS ON EXTENSION OF NONDISCRIMINATORY 
                   TREATMENT.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) if nondiscriminatory treatment is not granted to the 
     People's Republic of China by reason of the enactment into 
     law of a disapproval resolution described in subsection 
     (b)(1), nondiscriminatory treatment shall--
       (A) continue to apply to any good that is produced or 
     manufactured by a person that is not a state-owned enterprise 
     of the People's Republic of China, but
       (B) not apply to any good that is produced, manufactured, 
     or exported by a state-owned enterprise of the People's 
     Republic of China,
       (2) if nondiscriminatory treatment is granted to the 
     People's Republic of China for the 12-month period beginning 
     on July 3, 1994, such nondiscriminatory treatment shall not 
     apply to--
       (A) any good that is produced, manufactured, or exported by 
     the People's Liberation Army or a Chinese defense industrial 
     trading company, or
       (B) any nonqualified good that is produced, manufactured, 
     or exported by a state-owned enterprise of the People's 
     Republic of China, and
       (3) if nondiscriminatory treatment is or is not granted to 
     the People's Republic of China, the Secretary of the Treasury 
     should consult with leaders of American businesses having 
     significant trade with or investment in the People's Republic 
     of China, to encourage them to adopt a voluntary code of 
     conduct that--
       (A) follows internationally recognized human rights 
     principles,
       (B) ensures that the employment of Chinese citizens is not 
     discriminatory in terms of sex, ethnic origin, or political 
     belief,
       (C) ensures that no convict, forced, or indentured labor is 
     knowingly used,
       (D) recognizes the rights of workers to freely organize and 
     bargain collectively, and
       (E) discourages mandatory political indoctrination on 
     business premises.
       (b) Disapproval Resolution.--
       (1) In general.--For purposes of this section, the term 
     ``resolution'' means only a joint resolution of the two 
     Houses of Congress, the matter after the resolving clause of 
     which is as follows: ``That the Congress does not approve the 
     extension of the authority contained in section 402(c) of the 
     Trade Act of 1974 recommended by the President to the 
     Congress on ______________________ with respect to the 
     People's Republic of China because the Congress does not 
     agree that the People's Republic of China has met the 
     standards described in the President's Executive Order 12850, 
     dated May 28, 1993.'', with the blank space being filled with 
     the appropriate date.
       (2) Applicable rules.--The provisions of sections 153 
     (other than paragraphs (3) and (4) of subsection (b)) and 
     402(d)(2) (as modified by this subsection) of the Trade Act 
     of 1974 shall apply to a resolution described in paragraph 
     (1).
       (c) Determination of State-Owned Enterprises and Chinese 
     Defense Industrial Trading Companies.--
       (1) In general.--Subject to paragraphs (2) and (3), not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary of the Treasury shall determine which 
     persons are state-owned enterprises of the People's Republic 
     of China and which persons are Chinese defense industrial 
     trading companies for purposes of this title. The Secretary 
     shall publish a list of such persons in the Federal Register.
       (2) Public hearing.--
       (A) General rule.--Before making the determination and 
     publishing the list required by paragraph (1), the Secretary 
     of the Treasury shall hold a public hearing for the purpose 
     of receiving oral and written testimony regarding the persons 
     to be included on the list.
       (B) Additions and deletions.--The Secretary of the Treasury 
     may add or delete persons from the list based on information 
     available to the Secretary or upon receipt of a request 
     containing sufficient information to take such action.
       (3) Definitions and special rules.--For purposes of making 
     the determination required by paragraph (1), the following 
     definitions apply:
       (A) Chinese defense industrial trading company.--The term 
     ``Chinese defense industrial trading company''--
       (i) means a person that is--

       (I) engaged in manufacturing, producing, or exporting, and
       (II) affiliated with or owned, controlled, or subsidized by 
     the People's Liberation Army, and

       (ii) includes any person identified in the United States 
     Defense Intelligence Agency publication numbered VP-1920-271-
     90, dated September 1990.
       (B) People's liberation army.--The term ``People's 
     Liberation Army'' means any branch or division of the land, 
     naval, or air military service or the police of the 
     Government of the People's Republic of China.
       (C) State-owned enterprise of the people's republic of 
     china.--(i) The term ``state-owned enterprise of the People's 
     Republic of China'' means a person who is affiliated with or 
     wholly owned, controlled, or subsidized by the Government of 
     the People's Republic of China and whose means of production, 
     products, and revenues are owned or controlled by a central 
     or provincial government authority. A person shall be 
     considered to be state-owned if--
       (I) the person's assets are primarily owned by a central or 
     provincial government authority;
       (II) a substantial proportion of the person's profits are 
     required to be submitted to a central or provincial 
     government authority;
       (III) the person's production, purchases of inputs, and 
     sales of output, in whole or in part, are subject to state, 
     sectoral, or regional plans; or
       (IV) a license issued by a government authority classifies 
     the person as state-owned.
       (ii) Any person that--
       (I) is a qualified foreign joint venture or is licensed by 
     a governmental authority as a collective, cooperative, or 
     private enterprise; or
       (II) is wholly owned by a foreign person,

     shall not be considered to be state-owned.
       (D) Qualified foreign joint venture.--The term ``qualified 
     foreign joint venture'' means any person--
       (i) which is registered and licensed in the agency or 
     department of the Government of the People's Republic of 
     China concerned with foreign economic relations and trade as 
     an equity, cooperative, contractual joint venture, or joint 
     stock company with foreign investment;
       (ii) in which the foreign investor partner and a person of 
     the People's republic of China share profits and losses and 
     jointly manage the venture;
       (iii) in which the foreign investor partner holds or 
     controls at least 25 percent of the investment and the 
     foreign investor partner is not substantially owned or 
     controlled by a state-owned enterprise of the People's 
     Republic of China;
       (iv) in which the foreign investor partner is not a person 
     of a country the government of which the Secretary of State 
     has determined under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) to have 
     repeatedly provided support for acts of international 
     terrorism; and
       (v) which does not use state-owned enterprises of the 
     People's Republic of China to export its goods or services.
       (E) Person.--The term ``person'' means a natural person, 
     corporation, partnership, enterprise, instrumentality, 
     agency, or other entity.
       (F) Foreign investor partner.--The term ``foreign investor 
     partner'' means--
       (i) a natural person who is not a citizen of the People's 
     Republic of China; and
       (ii) a corporation, partnership, instrumentality, 
     enterprise, agency, or other entity that is organized under 
     the laws of a country other than the People's Republic of 
     China and 50 percent or more of the outstanding capital stock 
     or beneficial interest of such entity is owned (directly or 
     indirectly) by natural persons who are not citizens of the 
     People's Republic of China.
       (G) Nonqualified good.--The term ``nonqualified good'' 
     means a good to which chapter 39, 44, 48, 61, 62, 64, 70, 73, 
     84, 93, or 94 of the Harmonized Tariff Schedule of the United 
     States applies.
       (H) Convict, forced, or indentured labor.--The term 
     ``convict, forced, or indentured labor'' has the meaning 
     given such term by section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307).
       (I) Violations of internationally recognized standards of 
     human rights.--The term ``violations of internationally 
     recognized standards of human rights'' includes but is not 
     limited to, torture, cruel, inhuman, or degrading treatment 
     or punishment, prolonged detention without charges and trial, 
     causing the disappearance of persons by abduction and 
     clandestine detention of those persons, secret judicial 
     proceedings, and other flagrant denial of the right to life, 
     liberty, or the security of any person.
       (J) Missile technology control regime.--The term ``Missile 
     Technology Control Regime'' means the agreement, as amended, 
     between the United States, the United Kingdom, the Federal 
     Republic of Germany, France, Italy, Canada, and Japan, 
     announced on April 16, 1987, to restrict sensitive missile-
     relevant transfers based on an annex of missile equipment and 
     technology.
       (d) Semiannual Reports.--The Secretary of the Treasury 
     shall, not later than 6 months after the date of the 
     enactment of this Act, and the end of each 6-month period 
     occurring thereafter, report to the Congress on the efforts 
     of the executive branch to carry out subsection (c). The 
     Secretary may include in the report a request for additional 
     authority, if necessary, to carry out subsection (c). In 
     addition, the report shall include information regarding the 
     efforts of the executive branch to carry out subsection 
     (a)(3).

     SEC. 604. PRESIDENTIAL WAIVER.

       The President may waive the application of any condition or 
     prohibition imposed on any person pursuant to this title, if 
     the President determines and reports to the Congress that the 
     continued imposition of the condition or prohibition would 
     have a serious adverse effect on the vital national security 
     interests of the United States.

     SEC. 605. REPORT BY THE PRESIDENT.

       If the President recommends in 1995 that the waiver 
     referred to in section 602 be continued for the People's 
     Republic of China, the President shall state in the document 
     required to be submitted to the Congress by section 402(d) of 
     the Trade Act of 1974, the extent to which the Government of 
     the People's Republic of China has made progress during the 
     period covered by the document, with respect to--
       (1) adhering to the provisions of the Universal Declaration 
     of Human Rights,
       (2) ceasing the exportation to the United States of 
     products made with convict, force, or indentured labor,
       (3) ceasing unfair and discriminatory trade practices which 
     restrict and unreasonably burden American business, and
       (4) adhering to the guidelines and parameters of the 
     Missile Technology Control Regime, the controls adopted by 
     the Nuclear Suppliers Group, and the controls adopted by the 
     Australia Group.

     SEC. 606. SANCTIONS BY OTHER COUNTRIES.

       If the President decides not to seek a continuation of a 
     waiver in 1995 for the People's Republic of China under 
     section 402(d) of the Trade Act of 1974, the President shall, 
     during the 30-day period beginning on the date that the 
     President would have recommended to the Congress that such a 
     waiver be continued, undertake efforts to ensure that members 
     of the General Agreement on Tariffs and Trade take a similar 
     action with respect to the People's Republic of China.
                                  ____


                           Amendment No. 2260

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

     SEC.   . AMBASSADORIAL RANK FOR HEAD OF UNITED STATES 
                   DELEGATION TO THE CSCE.

       The United States delegation to the Conference on Security 
     and Cooperation in Europe shall be headed by an individual 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, and who shall have the rank 
     of ambassador.

                          ____________________