[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8868-S8871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

     THE FOREIGN OPERATIONS EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 1997

                                 ______
                                 

                 COHEN (AND OTHERS) AMENDMENT NO. 5019

  Mr. COHEN (for himself, Mrs. Feinstein, Mr. McCain, Mr. Chafee, Mr. 
Breaux, Mr. Johnston, and Mr. Thomas) proposed an amendment to the bill 
(H.R. 3540) making appropriations for foreign operations, export 
financing and related programs for the fiscal year ending September 30, 
1997, and for other purposes; as follows:


[[Page S8869]]


       On page 188, strike lines 3 through 22 and insert the 
     following:


                          policy toward burma

       Sec. 569. (a) Until such time as the President determines 
     and certifies to Congress that Burma has made measurable and 
     substantial progress in improving human rights practices and 
     implementing democratic government, the following sanctions 
     shall be imposed on Burma:
       (1) Bilateral assistance.--There shall be no United States 
     assistance to the Government of Burma, other than:
       (A) humanitarian assistance,
       (B) counter-narcotics assistance under chapter 8 of part I 
     of the Foreign Assistance Act of 1961, or crop substitution 
     assistance, if the Secretary of State certifies to the 
     appropriate congressional committees that:
       i) the Government of Burma is fully cooperating with U.S. 
     counter-narcotics efforts, and
       ii) the programs are fully consistent with United States 
     human rights concerns in Burma and serve the United States 
     national interest, and
       (C) assistance promoting human rights and democratic 
     values.
       (2) Multilateral assistance.--The Secretary of the Treasury 
     shall instruct the United States executive director of each 
     international financial institution to vote against any loan 
     or other utilization of funds of the respective bank to or 
     for Burma.
       (3) Visas.--Except as required by treaty obligations or to 
     staff the Burmese mission to the United States, the United 
     States shall not grant visas to any Burmese government 
     official.
       (b) Conditional Sanctions.--The President shall prohibit 
     United States persons from new investment in Burma, if the 
     President determines and certifies to Congress that, after 
     the date of enactment of this act, the Government of Burma 
     has physically harmed, rearrested for political acts, or 
     exiled Daw Aung San Suu Kyi or has committed large-scale 
     repression of or violence against the democratic opposition.
       (c) Multilateral Strategy.--The President shall seek to 
     develop in coordination with members of ASEAN and other 
     countries having major trading and investment interests in 
     Burma, a comprehensive, multilateral strategy to bring 
     democracy to and improve human rights practices and the 
     quality of life in Burma, including the development of a 
     dialog between the State Law and Order Restoration Council 
     (SLORC) and democratic opposition groups within Burma.
       (d) Presidential Reports.--Every six months following the 
     enactment of this act, the President shall report to the 
     Chairmen of the Committee on Foreign Relations, the Committee 
     on International Relations and the House and Senate 
     Appropriations Committees on the following:
       (1) progress toward democratization in Burma;
       (2) progress on improving the quality of life of the 
     Burmese people, including progress on market reforms, living 
     standards, labor standards, use of forced labor in the 
     tourism industry, and environmental quality; and
       (3) progress made in developing the strategy referred to in 
     subsection (c).
       (e) Waiver Authority.--The President shall have the 
     authority to waive, temporarily or permanently, any sanction 
     referred to in subsection (a) or subsection (b) if he 
     determines and certifies to congress that the application of 
     such sanction would be contrary to the national security 
     interests of the United States.
       (f) Definitions.--
       (1) The term ``international financial institutions'' shall 
     include the International Bank for Reconstruction and 
     Development, the International Development Association, the 
     International Finance Corporation, the Multilateral 
     Investment Guarantee Agency, the Asian Development Bank, and 
     the International Monetary Fund.
       (2) The term ``new investment'' shall mean any of the 
     following activities if such an activity is undertaken 
     pursuant to an agreement, or pursuant to the exercise of 
     rights under such an agreement, that is entered into with the 
     Government of Burma or a non-governmental entity in Burma, on 
     or after the date of the certification under subsection (b):
       (A) the entry into a contract that includes the economical 
     development of resources located in Burma, or the entry into 
     a contract providing for the general supervision and 
     guarantee of another person's performance of such a contract;
       (B) the purchase of a share of ownership, including an 
     equity interest, in that development; and
       (C) the entry into a contract providing for the 
     participation in royalties, earnings, or profits in that 
     development, without regard to the form of the participation;

     provided that the term ``new investment'' does not include 
     the entry into, performance of, or financing of a contract to 
     sell or purchase goods, services, or technology.
                                 ______
                                 

                BUMPERS (AND OTHERS) AMENDMENT NO. 5020

  Mr. McCONNELL (for Mr. Bumpers, for himself, Mr. Hatfield, Mr. 
Gorton, Mr. Simon, Mr. Johnston, Mr. Burns, Mr. Reid, and Mr. Roth) 
proposed an amendment to the bill, H.R. 3540, supra; as follows:

       On page 119, strike lines 6 and 7 and insert in lieu 
     thereof the following:
       ``(h)(1) Of the funds appropriated under title II of this 
     Act, including funds appropriated under this heading, not 
     less than $11,000,000 shall be available only for assistance 
     for Mongolia, of which amount not less than $6,000,000 shall 
     be available only for the Mongolian energy sector.
       ``(2) Funds made available for assistance for Mongolia 
     shall be made available in accordance with the purposes and 
     utilizing the authorities provided in chapter 11 of part I of 
     the Foreign Assistance Act of 1961.''.
                                 ______
                                 

                        REID AMENDMENT NO. 5021

  Mr. McCONNELL (for Mr. Reid) proposed an amendment to the bill, H.R. 
3540, supra; as follows:

       At the appropriate place, insert the following:


                       female genital mutilation

       Sec.   . (a) Limitation.--Beginning 1 year after the date 
     of the enactment of this Act, the Secretary of the Treasury 
     shall instruct the United States Executive Director of each 
     international financial institution to use the voice and vote 
     of the United States to oppose any loan or other utilization 
     of the funds of their respective institution, other than to 
     address basic human needs, for the government of any country 
     which the Secretary of the Treasury determines--
       (1) has, as a cultural custom, a known history of the 
     practice of female genital mutilation;
       (2) has not made the practice of female genital mutilation 
     illegal; and
       (3) has not taken steps to implement educational programs 
     designed to prevent the practice of female genital 
     mutilation.
       (b) Definition.--For purposes of this section, the term 
     ``international financial institution'' shall include the 
     institutions identified in section 535(b) of this Act.
                                 ______
                                 

                INOUYE (AND BENNETT) AMENDMENT NO. 5022

  Mr. McCONNELL (for Mr. Inouye, for himself and Mr. Bennett) proposed 
an amendment to the bill, H.R. 3540, supra; as follows:

       On page 107, line 23, strike ``should be made available'' 
     and insert ``shall be available only''.
                                 ______
                                 

                        LEAHY AMENDMENT NO. 5023

  Mr. McCONNELL (for Mr. Leahy) proposed an amendment to the bill, H.R. 
3540, supra; as follows:

       On page 184, line 6, delete the word ``MORATORIUM'' and 
     everything that follows through the period on page 185, line 
     3.
                                 ______
                                 

                 LEAHY (AND INOUYE) AMENDMENT NO. 5024

  Mr. McCONNELL (for Mr. Leahy, for himself and Mr. Inouye) proposed an 
amendment to the bill, H.R. 3540, supra; as follows:

       On page 177, line 24, after ``Jordan,'' insert the 
     following: ``Tunisia,''
       On page 178, line 2, after ``101-179'' insert the 
     following: ``: Provided, That not later than May 1, 1997, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations describing actions by the Government of 
     Tunisia during the previous six months to improve respect for 
     civil liberties and promote the independence of the 
     judiciary.''
                                 ______
                                 

                 LEAHY (AND OTHERS) AMENDMENT NO. 5025

  Mr. McCONNELL (for Mr. Leahy, for himself, Mrs. Kassebaum, and Mr. 
Hatfield, Mr. Daschle, and Mr. Jeffords) proposed an amendment to the 
bill, H.R. 3540, supra; as follows:

       On page 135, line 7, delete ``$626,000,000'' and insert in 
     lieu thereof ``$700,000,000.''
                                 ______
                                 

                McCONNELL (AND LEAHY) AMENDMENT NO. 5026

  Mr. McCONNELL (for himself and Mr. Leahy) proposed an amendment to 
the bill, H.R. 3540, supra; as follows:

       On page 148, line 10 through line 13, strike the following 
     language, ``That comparable requirements of any similar 
     provision in any other Act shall be applicable only to the 
     extent that funds appropriated by this Act have been 
     authorized: Provided further,''.
                                 ______
                                 

                 SMITH (AND OTHERS) AMENDMENT NO. 5027

  Mr. SMITH (for himself, Mr. Thomas, and Mr. Helms) proposed an 
amendment to the bill, H.R. 3540, supra; as follows:

       On page 105, line 17, strike ``provided further,'' and all 
     that follows through the colon on line 21.
                                 ______
                                 

                 HELMS (AND OTHERS) AMENDMENT NO. 5028

  Mr. HELMS (for himself, Mr. Lott, and Mr. Gregg) proposed an 
amendment to the bill, H.R. 3540, supra; as follows:


[[Page S8870]]


       On page 198, lines 17 and 18, insert the following:


   restrictions on voluntary contributions to united nations agencies

       Sec.   . (a) Prohibition on Voluntary Contributions for the 
     United Nations.--None of the funds appropriated or otherwise 
     made available by this Act may be made available to pay any 
     voluntary contribution of the United States to the United 
     Nations or any of its specialized agencies (including the 
     United Nations Development Program) if the United Nations 
     attempts to implement or impose any taxation or fee on any 
     United States persons or borrows funds from any international 
     financial institution.
       (b) Certification Required for Disbursement of Funds.--None 
     of the funds appropriated or otherwise made available under 
     this Act may be made available to pay any voluntary 
     contribution of the United States to the United Nations or 
     any of its specialized agencies (including the United Nations 
     Development Program) unless the President certifies to the 
     Congress 15 days in advance of such payment that the United 
     Nations or such agency, as the case may be, is not engaged 
     in, and has not been engaged in during the previous fiscal 
     year, any effort to develop, advocate, promote, or publicize 
     any proposal concerning taxation or fees on United States 
     persons in order to raise revenue for the United Nations or 
     any of its specialized agencies.
       (c) Definitions.--As used in this section:
       (1) The term ``international financial institution'' 
     includes the African Development Bank, the African 
     Development Fund, the Asian Development Bank, the European 
     Bank for Reconstruction and Development, the Inter-American 
     Development Bank, the International Bank for Reconstruction 
     and Development, the International Development Association, 
     the International Finance Corporation, the International 
     Monetary Fund, and the Multilateral Insurance Guaranty 
     Agency; and
       (2) The term ``United States person'' refers to--
       (A) a natural person who is a citizen or national of the 
     United States; or
       (B) a corporation, partnership, or other legal entity 
     organized under the United States or any State, territory, 
     possession, or district of the United States.
                                 ______
                                 

               MURKOWSKI (AND OTHERS) AMENDMENT NO. 5029

  Mr. MURKOWSKI (for himself, Mr. D'Amato, Mr. Thomas, and Mr. Bond) 
proposed an amendment to the bill, H.R. 3540, supra; as follows:

       On page 198, between lines 17 and 18, insert the following:


SENSE OF CONGRESS REGARDING THE UNITED STATES-JAPAN INSURANCE AGREEMENT

       (a) Findings.--The Congress makes the following findings:
       (1) The United States and Japan share a long and important 
     bilateral relationship which serves as an anchor of peace and 
     stability in the Asia Pacific region, an alliance which was 
     reaffirmed at the recent summit meeting between President 
     Clinton and Prime Minister Hashimoto in Tokyo.
       (2) The Japanese economy has experienced difficulty over 
     the past few years, demonstrating that it is no longer 
     possible for Japan, the world's second largest economy, to 
     use exports as the sole engine of economic growth, but that 
     the Government of Japan must promote deregulation of its 
     domestic economy in order to increase economic growth.
       (3) Japan is the second largest insurance market in the 
     world and the largest life insurance market in the world.
       (4) The share of foreign insurance in Japan is less than 3 
     percent, and large Japanese life and non-life insurers 
     dominate the market.
       (5) The Government of Japan has had as its stated policy 
     for several years the deregulation and liberalization of the 
     Japan insurance market, and has developed and adopted a new 
     insurance business law as a means of achieving this publicly 
     stated objective of liberalization and deregulation.
       (6) The Governments of Japan and the United States 
     concluded in October of 1994 the United States-Japan 
     Insurance Agreement, following more than one and one-half 
     years of negotiations, in which Agreement the Government of 
     Japan reiterated its intent to deregulate and liberalize its 
     market.
       (7) The Government of Japan in June of 1995 undertook 
     additional obligations to provide greater foreign access and 
     liberalization to its market through its schedule of 
     insurance obligations during the financial services 
     negotiations of the World Trade Organization (WTO).
       (8) The United States insurance industry is the most 
     competitive in the world, operates successfully throughout 
     the world, and thus could be expected to achieve higher 
     levels of market access and profit-ability under a more open, 
     deregulated and liberalized Japanese market.
       (9) Despite more than one and one-half years since the 
     conclusion of the United States-Japan Insurance Agreement, 
     despite more than one year since Japan undertook new 
     commitments under the WTO, despite the entry into force on 
     April 1, 1996, of the new Insurance Business Law, the 
     Japanese market remains closed and highly regulated and thus 
     continues to deny fair and open treatment for foreign 
     insurers, including competitive United States insurers.
       (10) The non-implementation of the United States-Japan 
     Insurance Agreement is a matter of grave importance to the 
     United States Government.
       (11) Dozens of meetings between the United States Trade 
     Representative and the Ministry of Finance have taken place 
     during the past year.
       (12) President Clinton, Vice President Gore, Secretary 
     Rubin, Secretary Christopher, Secretary Kantor, Ambassador 
     Barshefsky have all indicated to their counterparts in the 
     Government of Japan the importance of this matter to the 
     United States.
       (13) The United States Senate has written repeatedly to the 
     Minister of Finance and the Ambassador of Japan.
       (14) Despite all of these efforts and indications of 
     importance, the Ministry of Finance has failed to implement 
     the United States-Japan Insurance Agreement.
       (15) Several deadlines have already passed for resolution 
     of this issue with the latest deadline set for July 31, 1996.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the Ministry of Finance of the Government of Japan 
     should immediately and without further delay completely and 
     fully comply with all provisions of the United States-Japan 
     Insurance Agreement, including most especially those which 
     require the Ministry of Finance to deregulate and liberalize 
     the primary sectors of the Japanese market, and those which 
     insure that the current position of foreign insurers in Japan 
     will not be jeopardized until primary sector deregulation has 
     been achieved, and a three-year period has elapsed; and
       (2) failing satisfactory resolution of this matter on or 
     before July 31, 1996, the United States Government should use 
     any and all resources at its disposal to bring about full and 
     complete compliance with the Agreement.
                                 ______
                                 

                        HELMS AMENDMENT NO. 5030

  Mr. McCONNELL (for Mr. Helms) proposed an amendment to the bill, H.R. 
3540, supra; as follows:

       On page 198, between lines 17 and 18, insert the following:


          sense of congress regarding the conflict in chechnya

       Sec.   . (a) Congressional Declaration.--The Congress 
     declares that the continuation of the conflict in Chechnya, 
     the continued killing of innocent civilians, and the ongoing 
     violation of human rights in that region are unacceptable.
       (b) Sense of Congress.--The Congress hereby--
       (1) condemns Russia's infringement of the cease-fire 
     agreements in Chechnya;
       (2) calls upon the Government of the Russian Federation to 
     bring an immediate halt to offensive military actions in 
     Chechnya and requests President Yeltsin to honor his decree 
     of June 25, 1996 concerning the withdrawal of Russian armed 
     forces from Chechnya;
       (3) encourages the two warring parties to resume 
     negotiations without delay so as to find a peaceful political 
     solution to the Chechen problem; and
       (4) supports the Organization for Security and Cooperation 
     in Europe and its representatives in Chechnya in its efforts 
     to mediate in Chechnya.
                                 ______
                                 
      BROWN AMENDMENT NO. 5031
  Mr. McCONNELL (for Mr. Brown) proposed an amendment to the bill, H.R. 
3540, supra; as follows:

       On page 125, line 2, before the period insert the 
     following: ``: Provided, That of the funds appropriated under 
     this heading, $2,000,000 shall be available only for demining 
     operations in Afghanistan''.
                                 ______
                                 

                  FAIRCLOTH AMENDMENTS NOS. 5032-5033

  Mr. McCONNELL (for Mr. Faircloth) proposed two amendments to the 
bill, H.R. 3540, supra; as follows:

                           Amendment No. 5032

       At the appropriate place, insert the following new section:


  requirement for disclosure of foreign aid in report on secretary of 
                                 state

       Sec.  . (a) Foreign and Reporting Requirement.--In addition 
     to the voting practices of a foreign country, the report 
     required to be submitted to Congress under section 406(a) of 
     the Foreign Relations Authorization Act, Fiscal Years 1990 
     and 1991 (22 U.S.C. 2414a), shall include a side-by-side 
     comparison of individual countries' overall support for the 
     United States at the United Nations and the amount of United 
     States assistance provided to such country in that fiscal 
     year.
       (b) United States Assistance.--For purposes of this 
     section, the term ``United States assistance'' has the 
     meaning given the term in section 481(e)(4) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
                                                                    ____


                           Amendment No. 5033

       On page 198, between lines 17 and 18, insert the following 
     new section:


report on domestic federal agencies furnishing united states assistance

       Sec.  . (a) In General.--Not later than June 1, 1997, the 
     Comptroller General of the United States shall study and 
     report to the Congress on all assistance furnished directly 
     or indirectly to foreign countries, foreign entities, and 
     international organizations by domestic Federal agencies and 
     Federal agencies.

[[Page S8871]]

       (b) Definitions.--As used in this section:
       (1) Domestic federal agency.--The term ``domestic Federal 
     agency'' means a Federal agency the primary mission of which 
     is to carry out functions other than foreign affairs, 
     defense, or national security functions.
       (2) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term in section 551(1) of title 5, United 
     States Code.
       (3) International organization.--The term ``international 
     organization'' has the meaning given the term in section 1 of 
     the International Organization Immunities Act (22 U.S.C. 
     288).
       (4) United States assistance.--The term ``United States 
     assistance'' has the meaning given the term in section 
     481(c)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2291(e)(4)).
                                 ______
                                 

                 SIMON (AND OTHERS) AMENDMENT NO. 5034

  Mr. McCONNELL (for Mr. Simon for himself, Mrs. Kassebaum, Mr. 
Feingold, Ms. Moseley-Braun, and Mr. Jeffords) proposed an amendment to 
the bill, H.R. 3540, supra; as follows:

       On page 105, beginning on line 12, strike ``amount'' and 
     all that follows through ``should'' on line 13 and insert 
     ``amount made available to carry out chapter 10 of part I of 
     the Foreign Assistance Act of 1961 (relating to the 
     Development Fund for Africa) shall''.

                          ____________________