[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8872-S8875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

                                 ______
                                 

                      MOYNIHAN AMENDMENT NO. 5039

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

       On page 188, between lines 22 and 23, insert the following 
     new section:


                   REPORTS ON THE SITUATION IN BURMA

       Sec. ____. (a) Labor Practices.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Labor, in consultation with the Secretary of State, shall 
     submit a report to the appropriate congressional committees 
     on--
       (1) Burma's compliance with international labor standards 
     including, but not limited to, the use of forced labor, slave 
     labor, and involuntary prison labor by the junta;
       (2) the degree to which foreign investment in Burma 
     contributes to violations of fundamental worker rights;
       (3) labor practices in support of Burma's foreign tourist 
     industry; and
       (4) efforts by the United States to end violations of 
     fundamental labor rights in Burma.

[[Page S8873]]

       (b) Definition.--As used in this section, the term 
     ``appropriate congressional committees'' means the Committee 
     on Appropriations and the Committee on Foreign Relations of 
     the Senate and the Committee on Appropriations and the 
     Committee on International Relations of the House of 
     Representatives.
       (c) Funding.--(1) There are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 1997, for expenses necessary 
     to carry out the provisions of this section, $30,000 to the 
     Department of Labor.
       (2) The amount appropriated by this Act under the heading 
     ``Department of State, international narcotics control'' 
     shall be reduced by $30,000.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 5040

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

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

     SEC.   . HAITI.

       The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the civilian-led Haitian 
     National Police and Coast Guard, except as otherwise stated 
     in law: Provided, That the authority provided by this section 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
                                 ______
                                 

                  BROWN (AND SIMON) AMENDMENT NO. 5041

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

       At the appropriate place, insert the following new section:

     SEC.   . TRADE RELATIONS WITH EASTERN AND CENTRAL EUROPE.

       (a) Findings.--The Congress makes the following findings:
       (1) The countries of Central and Eastern Europe, including 
     Poland, Hungary, the Czech Republic, Slovakia, Romania, 
     Slovenia, Lithuania, Latvia, Estonia, and Bulgaria, are 
     important to the long-term stability and economic success of 
     a future Europe freed from the shackles of communism.
       (2) The Central and Eastern European countries, 
     particularly Hungary, Poland, the Czech Republic, Romania, 
     Slovakia, Slovenia, Latvia, Lithuania, and Estonia, are in 
     the midst of dramatic reforms to transform their centrally 
     planned economies into free market economies and to join the 
     Western community.
       (3) It is in the long-term interest of the United States to 
     encourage and assist the transformation of Central and 
     Eastern Europe into a free market economy, which is the solid 
     foundation of democracy, and will contribute to regional 
     stability and greatly increased opportunities for commerce 
     with the United States.
       (4) Trade with the countries of Central and Eastern Europe 
     accounts for less than one percent of total United States 
     trade.
       (5) The presence of a market with more than 140,000,000 
     people, with a growing appetite for consumer goods and 
     services and badly in need of modern technology and 
     management, should be an important market for United States 
     exports and investments.
       (6) The United States has concluded agreements granting 
     most-favored-nation status to most of the countries of 
     Central and Eastern Europe.
       (B) Sense of the Congress.--It is the sense of the Congress 
     that the President should take steps to promote more open, 
     fair, and free trade between the United States and the 
     countries of Central Europe, including Poland, Hungary, the 
     Czech Republic, Slovakia, Lithuania, Latvia, Estonia, 
     Romania, and Slovenia, including--
       (1) developing closer commercial contacts;
       (2) the mutual elimination of tariff and nontariff 
     discriminatory barriers in trade with these countries;
       (3) exploring the possibility of framework agreements that 
     would lead to a free trade agreement;
       (4) negotiating bilateral investment treaties;
       (5) stimulating increased United States exports and 
     investments to the region;
       (6) obtaining further liberalization of investment 
     regulations and protection against nationalization in these 
     foreign countries; and
       (7) establishing fair and expeditious dispute settlement 
     procedures.
                                 ______
                                 

                SPECTER (AND OTHERS) AMENDMENT NO. 5042

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

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

     SEC.  . LIMITATION ON FOREIGN SOVEREIGN IMMUNITY.

       (a) In General.--Section 1605(a)(7) of title 28, United 
     States Code, is amended to read as follows:
       ``(7) in which money damages are sought against a foreign 
     state for personal injury or death caused by an act of 
     torture, extrajudicial killing, aircraft sabotage, hostage 
     taking, or the provision of material support or resources (as 
     defined in section 2339A of title 18) for such an act, if--
       ``(A) such act or provision of material support was engaged 
     in by an official, employee, or agent of such foreign state 
     while acting within the scope of his or her office, 
     employment, or agency;
       ``(B) the foreign state against whom the claim was 
     brought--
       ``(i) was designated as a state sponsor of terrorism under 
     section 6(j) of the Export Administration Act of 1979 (50 
     U.S.C. App. 2405(j)) or section 620A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371) at the time the act 
     occurred or was later so designated as a result of such act; 
     or
       ``(ii) had no treaty of extradition with the United States 
     at the time the act occurred and no adequate and available 
     remedies exist either in such state or in the place in which 
     the act occurred;
       ``(C) the claimant has afforded the foreign state a 
     reasonable opportunity to arbitrate the claim in accordance 
     with accepted international rules of arbitration; and
       ``(D) the claimant or victim was a national of the United 
     States (as that term is defined in section 101(a)(22) of the 
     Immigration and Nationality Act) when the act upon which the 
     claim is based occurred.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to actions brought in United States 
     courts on or after the date of enactment of this Act.
                                 ______
                                 

                    BROWN AMENDMENTS NOS. 5043-5044

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

                           Amendment No. 5043

       At the appropriate place, add the following new section:

     SEC.   . SENSE OF CONGRESS REGARDING CROATIA.

       (a) Findings.--The Congress makes the following findings:
       (1) Croatia has politically and financially contributed to 
     the NATO peacekeeping operations in Bosnia;
       (2) The economic stability and security of Croatia is 
     important to the stability of South Central Europe; and
       (3) Croatia is in the process of joining the Partnership 
     for Peace.
       (b) Sense of Congress.--It is the Sense of Congress that:
       (1) Croatia should be recognized and commended for its 
     contributions to NATO and the various peacekeeping efforts in 
     Bosnia;
       (2) the United States should support the active 
     participation of Croatia in activities appropriate for 
     qualifying for NATO membership, provided Croatia continues to 
     adhere fully to the Dayton Peace Accords and continues to 
     make progress toward establishing democratic institutions, a 
     free market, and the rule of law.
                                                                    ____


                           Amendment No. 5044

       At the appropriate place, add the following new section:

     SEC.   . ROMANIA'S PROGRESS TOWARD NATO MEMBERSHIP.

       (a) Findings.--The Congress makes the following findings:
       (1) Romania emerged from years of brutal Communist 
     dictatorship in 1989 and approved a new Constitution and 
     elected a Parliament by 1991, laying the foundation for a 
     modern parliamentary democracy charged with guaranteeing 
     fundamental human rights, freedom of expression, and respect 
     for private property;
       (2) Local elections, parliamentary elections, and 
     presidential elections have been held in Romania, with 1996 
     marking the second nationwide presidential elections under 
     the new Constitution;
       (3) Romania was the first former Eastern bloc country to 
     join NATO's Partnership for Peace program and has hosted 
     Partnership for Peace military exercises on its soil;
       (4) Romania is the second largest country in terms of size 
     and population in Central Europe and as such is strategically 
     significant;
       (5) Romania formally applied for NATO membership in April 
     of 1996 and has begun an individualized dialogue with NATO on 
     its membership application; and
       (6) Romania has contributed to the peace and reconstruction 
     efforts in Bosnia by participating in the Implementation 
     Force (IFOR).
       (b) Sense of the Congress.--Therefore, it is the sense of 
     the Congress that:
       (1) Romania is making significant progress toward 
     establishing democratic institutions, a free market economy, 
     civilian control of the armed forces and the rule of law;
       (2) Romania is making important progress toward meeting the 
     criteria for accession into NATO;
       (3) Romania deserves commendation for its clear desire to 
     stand with the West in NATO, as evidenced by its early entry 
     into the Partnership for Peace, its formal application for 
     NATO membership, and its participation in IFOR;
       (4) Romania should be evaluated for membership in the NATO 
     Participation Act's transition assistance program at the 
     earliest opportunity; and
       (5) The United States should work closely with Romania and 
     other countries working toward NATO membership to ensure that 
     every opportunity is provided.
                                 ______
                                 

[[Page S8874]]



                 DORGAN (AND OTHERS) AMENDMENT NO. 5045

  Mr. DORGAN (for himself, Mr. Hatfield, Mr. Bumpers, Mr. Jeffords, Mr. 
Leahy, Mr. Harkin, Mr. Pryor, Ms. Moseley-Braun, Mr. Feingold, Mr. 
Pell, Mr. Inouye, Mr. Wyden, Mr. Kennedy, Mr. Simon, Mr. Lautenberg, 
and Mrs. Feinstein) proposed an amendment to the bill, H.R. 3540, 
supra; as follows:

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

 TITLE   CONGRESSIONAL REVIEW OF ARMS TRANSFERS ELIGIBILITY ACT OF 1996

     SEC.    01. SHORT TITLE.

       This title may be cited as the ``Congressional Review of 
     Arms Transfers Eligibility Act of 1996''.

     SEC.    02. PURPOSE.

       The purpose of this title is to provide congressional 
     review of the eligibility of foreign governments to be 
     considered for United States military assistance and arms 
     transfers, and to establish clear standards for such 
     eligibility including adherence to democratic principles, 
     protection of human rights, nonaggression, and participation 
     in the United Nations Register of Conventional Arms.

     SEC.    03. ELIGIBILITY FOR UNITED STATES MILITARY ASSISTANCE 
                   OR ARMS TRANSFERS.

       (a) Prohibition; Waiver.--United States military assistance 
     or arms transfers may not be provided to a foreign government 
     during a fiscal year unless the President determines and 
     certifies to the Congress for that fiscal year that--
       (1) such government meets the criteria contained in section 
        04;
       (2) it is in the national security interest of the United 
     States to provide military assistance and arms transfers to 
     such government, and the Congress enacts a law approving such 
     determination; or
       (3) an emergency exists under which it is vital to the 
     interest of the United States to provide military assistance 
     or arms transfers to such government.
       (b) Determination With Respect to Emergency Situations.--
     The President shall submit to the Congress at the earliest 
     possible date reports containing determinations with respect 
     to emergencies under subsection (a)(3). Each such report 
     shall contain a description of--
       (1) the nature of the emergency;
       (2) the type of military assistance and arms transfers 
     provided to the foreign government; and
       (3) the cost to the United States of such assistance and 
     arms transfers.

     SEC.    04. CRITERIA FOR CERTIFICATION.

       The criteria referred to in section    03(a)(1) are as 
     follows:
       (1) Promotes democracy.--Such government--
       (A) was chosen by and permits free and fair elections;
       (B) promotes civilian control of the military and security 
     forces and has civilian institutions controlling the policy, 
     operation, and spending of all law enforcement and security 
     institutions, as well as the armed forces;
       (C) promotes the rule of law, equality before the law, and 
     respect for individual and minority rights, including freedom 
     to speak, publish, associate, and organize; and
       (D) promotes the strengthening of political, legislative, 
     and civil institutions of democracy, as well as autonomous 
     institutions to monitor the conduct of public officials and 
     to combat corruption.
       (2) Respects human rights.--Such government--
       (A) does not engage in gross violations of internationally 
     recognized human rights, as described in section 502B(d)(1) 
     of the Foreign Assistance Act of 1961;
       (B) vigorously investigates, disciplines, and prosecutes 
     those responsible for gross violations of internationally 
     recognized human rights;
       (C) permits access on a regular basis to political 
     prisoners by international humanitarian organizations such as 
     the International Committee of the Red Cross;
       (D) promotes the independence of the judiciary and other 
     official bodies that oversee the protection of human rights; 
     and
       (E) does not impede the free functioning of and access of 
     domestic and international human rights organizations or, in 
     situations of conflict or famine, of humanitarian 
     organizations.
       (3) Not engaged in certain acts of armed aggression.--Such 
     government is not currently engaged in acts of armed 
     aggression in violation of international law.
       (4) Full participation in united nations register of 
     conventional arms.--Such government is fully participating in 
     the United Nations Register of Conventional Arms.

     SEC.   05. CERTIFICATION AND DECERTIFICATION.

       (a) Notification to Congress.--In the case of a 
     determination by the President under section   03(a)(1) or 
     (2) with respect to a foreign government, the President shall 
     submit to the Congress the initial certification in 
     conjunction with the submission of the annual request for 
     enactment of authorizations and appropriations for foreign 
     assistance programs for a fiscal year and shall, where 
     appropriate, submit additional or amended certifications at 
     any time thereafter in the fiscal year.
       (b) Decertification.--If a foreign government ceases to 
     meet the criteria contained in section   04, the President 
     shall submit a decertification of the government to the 
     Congress, whereupon any prior certification under section   
     03(a)(1) shall cease to be effective.

     SEC.   06. UNITED STATES MILITARY ASSISTANCE AND ARMS 
                   TRANSFERS DEFINED.

       For purposes of this title, the terms ``United States 
     military assistance'' and ``arms transfers'' mean--
       (1) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (relating to military assistance), 
     including the transfer of excess defense articles under 
     section 516 of that Act;
       (2) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (relating to international military 
     education and training);
       (3) the transfer of defense articles, defense services, or 
     design and construction services under the Arms Export 
     Control Act (except any transfer or other assistance under 
     section 23 of such Act), including defense articles and 
     defense services licensed or approved for export under 
     section 38 of that Act.

     SEC.   07. EFFECTIVE DATE.

       (a) Except as provided in subsection (b), this title shall 
     take effect October 1, 1997.
       (b) Any initial certification made under section   03 shall 
     be transmitted to the Congress with the President's budget 
     submission for fiscal year 1998 under section 1105 of title 
     31, United States Code.
                                 ______
                                 

                        KERRY AMENDMENT NO. 5046

  Mr. KERRY proposed an amendment to amendment No. 5045 proposed by Mr. 
Dorgan to the bill, H.R. 3540, supra; as follows:

       At the end of the amendment, add the following new section:

     SEC.   . INTERNATIONAL ARMS TRANSFERS REGIME.

       (a) International Efforts.--The President shall continue 
     and expand efforts through the United Nations and other 
     international fora, such as The Wassernaar Arrangement on 
     Export Controls for Conventional Arms and Dual Use Goods and 
     Technologies, to curb worldwide arms transfers, particularly 
     to nations that do not meet the criteria established in 
     section     04, with a goal of establishing a permanent 
     multilateral regime to govern the transfer of conventional 
     arms.
       (b) Report.--The President shall submit an annual report to 
     the Congress describing efforts he has undertaken to gain 
     international acceptance of the principles incorporated in 
     section   04, and evaluating the progress made toward 
     establishing a multilateral regime to control the transfer of 
     conventional arms. This report shall be submitted in 
     conjunction with the submission of the annual request for 
     authorizations and appropriations for foreign assistance 
     programs for a fiscal year.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 5047

  Mr. DOMENICI (for himself, Mr. D'Amato, Mrs. Hutchison, Mrs. 
Feinstein, Mr. Murkowski, Mr. Shelby, Mr. Helms, Mr. Gramm, Mr. 
Bingaman, Mr. Kempthorne, Mr. Bond, Mr. Hatch, and Mr. Faircloth) 
proposed an amendment to the bill, H.R. 3540, supra; as follows:

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


        prosecution of major drug traffickers residing in mexico

       Sec.   . (a) Report.--(1) Not later than 30 days after the 
     date of enactment of this Act, the Administrator of the Drug 
     Enforcement Administration shall submit a report to the 
     President--
       (A) identifying the 10 individuals who are indicted in the 
     United States for unlawful trafficking or production of 
     controlled substances most sought by United States law 
     enforcement officials and who there is reason to believe 
     reside in Mexico; and
       (B) identifying 25 individuals not named under paragraph 
     (1) who have been indicted for such offenses and who there is 
     reason to believe reside in Mexico.
       (2) The President shall promptly transmit to the Government 
     of Mexico a copy of the report submitted under paragraph (1).
       (b) Prohibition.--
       (1) In general.--None of the funds appropriated under the 
     heading ``International Military Education and Training'' may 
     be made available for any program, project, or activity for 
     Mexico.
       (2) Exception.--Paragraph (1) shall not apply if, not later 
     than 6 months after the date of enactment of this Act, the 
     President certifies to Congress that--
       (A) the Government of Mexico has extradited to the United 
     States the individuals named pursuant to subsection (a)(1); 
     or
       (B) the Government of Mexico has apprehended and begun 
     prosecution of the individuals named pursuant to subsection 
     (a)(1).
       (c) Waiver.--Subsection (b) shall not apply if the 
     President of Mexico certifies to the President of the United 
     States that--
       (1) the Government of Mexico made intensive, good faith 
     efforts to apprehend the individuals named pursuant to 
     subsection (a)(1)

[[Page S8875]]

     but did not find one or more of the individuals within 
     Mexico; and
       (2) the Government of Mexico has apprehended and extradited 
     or apprehended and prosecuted 3 individuals named pursuant to 
     subsection (a)(2) for each individual not found under 
     paragraph (1).

                          ____________________