[Congressional Record Volume 141, Number 161 (Wednesday, October 18, 1995)]
[Senate]
[Pages S15282-S15283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1995

  The Senate continued with the consideration of the bill.


                      Unanimous-Consent Agreement

  Mr. DOLE. Mr. President, I have a consent agreement which has been 
cleared by both sides.
  I ask unanimous consent that when the Senate resumes H.R. 927, the 
following amendments be the only amendments in order postcloture: Helms 
amendment No. 2936; Bradley amendment No. 2930 or 2931; Dodd amendment 
No. 2906; Dodd amendment No. 2908; Simon amendment No. 2934.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOLE. Mr. President, I ask unanimous consent that all listed 
amendments be considered second-degree amendments to Helms amendment 
No. 2936.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Order of Procedure

  Mr. DOLE. Mr. President, let me indicate we believe we can have 
debate on the Simon amendment yet this afternoon. I understand the 
Senator from North Carolina will offer an amendment which will be 
accepted on behalf of Senator Bradley. That will leave the Helms 
amendment and the two Dodd amendments.
  We are hoping to start at 10:30 tomorrow morning on the bill and 
recognize Senator Dodd, with, if there is not a time agreement, a short 
period of debate. We are trying to accommodate Senator Dodd's schedule, 
so I hope he will accommodate ours tomorrow.
  I want to congratulate the Senator from North Carolina. I regret we 
were one vote short, 59 to 36. So it was necessary, as the chairman has 
indicated, to delete title III.
  It is the hope of everyone when we get into conference we can work 
out some consensus so we can come back with a conference report and 
pick up that additional vote and maybe more.
  It seems to me there are good points to this bill. The strength of 
this bill was title III, and we will revisit it. There will be some 
version of it in the conference report. Again, I think the chairman is 
to be commended. We will go to conference and see what happens.
  Also, it is my hope tomorrow--I discussed this briefly with Senator 
Kerry from Massachusetts--that we could move to the State Department 
reorganization bill. They indicate they will make an offer to Senator 
Helms this afternoon.
  Mr. HELMS. That is correct.
  Mr. DOLE. If that is acceptable under a 4-hour time agreement, we can 
complete action on that, too.
  After the debate on the Simon amendment, and anything else being done 
with reference to this, I think it is my intention to recess so the 
Senate Finance Committee can meet and complete its work, because they 
may be going late into the evening.
  Mr. HELMS addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. HELMS. Mr. President, I thank the distinguished majority leader, 
and I share his regret that we had to go through all of this. Sometimes 
it is absolutely essential that we do. I have no hard feelings toward 
anybody about it. I just wish we could have moved along a little more 
rapidly. I appreciate all the help the majority leader has given.


                Amendment No. 2930 to Amendment No. 2936

(Purpose: To make limited exceptions to restrictions on assistance for 
 the independent states of the former Soviet Union imposed by the bill)

  Mr. HELMS. Mr. President, I send an amendment to the desk on behalf 
of Senator Bradley and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from North Carolina [Mr. Helms], for Mr. 
     Bradley, proposes an amendment numbered 2930 to amendment No. 
     2936.

  Mr. HELMS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 14, strike line 1 and all that follows through line 
     14 on page 16 and insert in lieu thereof the following:
       ``(5) except for assistance under the secondary school 
     exchange program administered by the United States 
     Information Agency, for the government of any independent 
     state effective 30 days after the President has determined 
     and certified to the appropriate congressional committees 
     (and Congress has not enacted legislation disapproving the 
     determination within the 30-day period) that such government 
     is providing assistance for, or engaging in nonmarket based 
     trade (as defined in section 498(k)(3)) with, the Government 
     of Cuba, or''.
       (2) Subsection (k) of section 498B of that Act (22 U.S.C. 
     2295b(k)), is amended by adding at the end the following:
       ``(3) Nonmarket based trade.--As used in section 
     498A(b)(5), the term `nonmarket based trade' includes 
     exports, imports, exchanges, or other arrangements that are 
     provided for goods and services (including oil and other 
     petroleum products) on terms more favorable than those 
     generally available in applicable markets or for comparable 
     commodities, including--
       ``(A) exports to the Government of Cuba on terms that 
     involve a grant, concessional price, guarantee, insurance, or 
     subsidy;
       ``(B) imports from the Government of Cuba at preferential 
     tariff rates;
       ``(C) exchange arrangements that include advance delivery 
     of commodities, arrangements in which the Government of Cuba 
     is not held accountable for unfulfilled exchange contracts, 
     and arrangements under which Cuba does not pay appropriate 
     transportation, insurance, or finance costs; and
       ``(D) the exchange, reduction, or forgiveness of Cuban 
     government debt in return for a grant by the Cuban government 
     of an equity interest in a property, investment, or operation 
     of the Government of Cuba or of a Cuban national.''.
       ``(4) Cuban government.--(A) The term Cuban government 
     includes the government of any political subdivision of Cuba, 
     and any agency or instrumentality of the Government of Cuba.
       ``(B) For purposes of subparagraph (A), the term `agency or 
     instrumentality' is used within the meaning of section 
     1603(b) of title 28, United States Code.''.
       (d) Facilities at Lourdes, Cuba.--(1) The Congress 
     expresses its strong disapproval of the extension by Russia 
     of credits equivalent to $200,000,000 in support of the 
     intelligence facility at Lourdes, Cuba, announced in November 
     1994.
       (2) Section 498A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2295a) is amended by adding at the end the following 
     new subsection:
       ``(d) Reduction in Assistance for Support of Intelligence 
     Facilities in Cuba.--(1) Notwithstanding any other provision 
     of law, the President shall withhold from assistance 
     provided, on or after the date of enactment of this 
     subsection, for an independent state of the former Soviet 
     Union under this Act an amount equal to the sum of assistance 
     and credits, if any, provided on or after such date by such 
     state in support of intelligence facilities in Cuba, 
     including the intelligence facility at Lourdes, Cuba.
       ``(2)(A) The President may waive the requirement of 
     paragraph (1) to withhold assistance if the President 
     certifies to the appropriate congressional committees that 
     the provision of such assistance is important to the national 
     security of the United States, and, in the case of such a 
     certification made with respect to Russia, if the President 
     certifies that the Russian Government has assured the United 
     States Government that the Russian Government is not sharing 
     intelligence data collected at the Lourdes facility with 
     officials or agents of the Cuban Government.
       ``(B) At the time of a certification made with respect to 
     Russia pursuant to subparagraph (A), the President shall also 
     submit to the appropriate congressional committees a report 
     describing the intelligence activities of Russia in Cuba, 
     including the purposes for which the Lourdes facility is used 
     by the Russian Government and the extent to which the Russian 
     Government provides payment or government credits to the 
     Cuban Government for the continued use of the Lourdes 
     facility.
       ``(C) The report required by subparagraph (B) may be 
     submitted in classified form.
       ``(D) For purposes of this paragraph, the term appropriate 
     congressional committees, includes the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.
       ``(3) The requirement of paragraph (1) to withhold 
     assistance shall not apply with respect to--
       ``(A) assistance to meet urgent humanitarian needs, 
     including disaster and refugee relief;

[[Page S 15283]]

       ``(B) democratic political reform and rule of law 
     activities;
       ``(C) technical assistance for safety upgrades of civilian 
     nuclear power plants;
       ``(D) the creation of private sector and nongovernmental 
     organizations that are independent of government control;
       ``(E) the development of a free market economic system;
       ``(F) assistance under the secondary school exchange 
     program administered by the United States Information Agency; 
     or
       ``(G) assistance for the purposes described in the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     Law 103-160)''.

  Mr. BRADLEY. Mr. President, I have sent an amendment to the desk to 
ensure that high school exchanges with students from the New 
Independent States of the former Soviet Union will continue to build 
bridges between our country and theirs. In essence, this amendment 
exempts the high school exchange program from the operation of section 
107 of this bill, which would otherwise allow such programs to cut off 
if an NIS country engages in certain activity enumerated in that 
section.
  This program is unique. It calls for a personal involvement that 
other aid programs do not demand of Americans. It not only benefits the 
newly independent states, but it benefits Americans as well. Host 
families and American students learn from having foreign students in 
their homes and classrooms. Americans studying in Kiev, St. Petersburg, 
Vilnius, and Almaty are witnessing first hand the new frontiers of 
democracy and they return home with a better understanding of the 
people of those nations.
  Since 1993, over 12,000 high school students from the New Independent 
States have visited the United States to live with American families 
and study in this country. As their home countries of Armenia, Russia, 
Ukraine, Kazakhstan, and the other NIS countries are making the 
transition to post-Soviet societies, these students come to our country 
eager to learn about the privileges and opportunities that come with 
living in a democracy and free market economy.
  This program plays a tremendously important role in our relationship 
with the newly independent states. It allows these young students to 
experience life in a multicultural, market-based democracy. It forges 
connections between the people of this country and theirs, which will 
continue as these future leaders take back to their home countries a 
new perspective on the world and valuable, lasting bonds. But the 
impact of the exchanges goes beyond those students who are actually 
chosen to participate in the program. There is a ripple effect, as 
these students share their experiences with their families, friends, 
and fellow students back home.
  This unique program accords tremendous benefits and for that reason, 
it must be allowed to continue.
  Mr. HELMS. Mr. President, I strongly support the secondary exchange 
programs in the Bradley amendment. These semester and academic year 
programs are one of the more successful assistance programs we have 
with the new Independent States of the former Soviet Union. The 
Senator's amendment is in keeping with the spirit and intent of the 
Russia sections of the Libertad bill. I am prepared to accept the 
amendment exempting this program from the Libertad bill's restrictions 
on aid to the former Soviet States.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2930) was agreed to.
  Mr. HELMS. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Minnesota is recognized.

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