[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[House]
[Pages H11126-H11129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HUMAN RIGHTS, REFUGEE, AND OTHER FOREIGN RELATIONS PROVISIONS ACT OF
1996
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 4036) to strengthen the protection of
internationally recognized human rights, as amended.
The Clerk read as follows:
H.R. 4036
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights, Refugee, and
Other Foreign Relations Provisions Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FOREIGN RELATIONS PROVISIONS
Sec. 101. Fees for machine readable visas.
Sec. 102. Report to Congress concerning Cuban emigration policies.
Sec. 103. Extension of certain adjudication provisions.
Sec. 104. Persecution for resistance to coercive population control
methods.
Sec. 105. Conduct of certain educational and cultural exchange
programs.
Sec. 106. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 107. International Boundary and Water Commission.
TITLE II--FOREIGN ASSISTANCE PROVISIONS
Sec. 201. Human rights reports.
Sec. 202. Assistance for Mauritania.
TITLE I--FOREIGN RELATIONS PROVISIONS
SEC. 101. FEES FOR MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) For fiscal years 1996 and 1997, not more than
$150,000,000 in fees collected under the authority of
paragraph (1) for each fiscal year shall be deposited as an
offsetting collection to any Department of State
appropriation to recover the costs of the Department of
State's border security program, including the costs of--
``(A) installation and operation of the machine readable
visa and automated name-check process;
``(B) improving the quality and security of the United
States passport;
``(C) passport and visa fraud investigations; and
``(D) the technological infrastructure to support and
operate the programs referred to in subparagraphs (A) through
(C).
Such fees shall remain available for obligation until
expended.
``(3) For any fiscal year, fees collected under the
authority of paragraph (1) in excess of the amount specified
for such fiscal year under paragraph (2) shall be deposited
in the general fund of the Treasury as miscellaneous
receipts.''; and
(2) by striking paragraph (5).
SEC. 102. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION
POLICIES.
Beginning 3 months after the date of the enactment of this
Act and every subsequent 6 months, the Secretary of State
shall include in the monthly report to Congress entitled
``Update on Monitoring of Cuban Migrant Returnees''
additional information concerning the methods employed by the
Government of Cuba to enforce the United States-Cuba
agreement of September 1994 to restrict the emigration of the
Cuban people from Cuba to the United States and the treatment
by the Government of Cuba of persons who have returned to
Cuba pursuant to the United States-Cuba agreement of May
1995.
[[Page H11127]]
SEC. 103. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1, 1996''
each place it appears and inserting ``October 1, 1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.
SEC. 104. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.
(a) Definition of Refugee.--
(1) Section 101(a)(42) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end
the following: ``For purposes of determinations under this
Act, a person who has been forced to abort a pregnancy or to
undergo involuntary sterilization, or who has been persecuted
for failure or refusal to undergo such a procedure or for
other resistance to such forced procedures, shall be deemed
to have been persecuted on account of political opinion, and
a person who has a well founded fear that he or she will be
forced to undergo such a procedure or subject to persecution
for such failure, refusal, or resistance shall be deemed to
have a well founded fear of persecution on account of
political opinion.''.
(2) Not later than 90 days after the end of each fiscal
year, the Attorney General shall submit a report to the
Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate describing
the number and countries of origin of aliens granted refugee
status or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such report shall also
contain projections regarding the number and countries of
origin of aliens that are likely to be granted refugee status
or asylum for the subsequent 2 fiscal years.
(b) Numerical Limitation.--Section 207(a) of the
Immigration and Nationality Act (8 U.S.C. 1157(a)) is amended
by adding at the end the following new paragraph:
``(5) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under
the third sentence of section 101(a)(42) (relating to
persecution for resistance to coercive population control
methods).''.
(c) Contingent Repealer.--Subsections (a) and (b) of this
section and the amendments made by such subsections shall not
take effect and this section and such amendments are repealed
whenever the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 is enacted into law (whether
before, on, or after the date of the enactment of this Act).
SEC. 105. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.
In carrying out programs of educational and cultural
exchange in countries whose people do not fully enjoy freedom
and democracy (including but not limited to China, Vietnam,
Cambodia, Tibet, and Burma), the Director of the United
States Information Agency shall take appropriate steps to
provide opportunities for participation in such programs to
human rights and democracy leaders of such countries.
SEC. 106. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS
FOR TIBETANS AND BURMESE.
(a) Establishment of Educational and Cultural Exchange for
Tibetans.--The Director of the United States Information
Agency shall establish programs of educational and cultural
exchange between the United States and the people of Tibet.
Such programs shall include opportunities for training and,
as the Director considers appropriate, may include the
assignment of personnel and resources abroad.
(b) Scholarships for Tibetans and Burmese.--
(1) Subject to the availability of appropriations, for
fiscal year 1997 at least 30 scholarships shall be made
available to Tibetan students and professionals who are
outside Tibet, and at least 15 scholarships shall be made
available to Burmese students and professionals who are
outside Burma.
(2) Waiver.--Paragraph (1) shall not apply to the extent
that the Director of the United States Information Agency
determines that there are not enough qualified students to
fulfill such allocation requirement.
(3) Scholarship defined.--For the purposes of this section,
the term ``scholarship'' means an amount to be used for full
or partial support of tuition and fees to attend an
educational institution, and may include fees, books, and
supplies, equipment required for courses at an educational
institution, living expenses at a United States
educational institution, and travel expenses to and from,
and within, the United States.
SEC. 107. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
The Act of May 13, 1924 (49 Stat. 660, 22 U.S.C. 277-277f),
is amended in section 3 (22 U.S.C. 277b) by adding at the end
the following new subsection:
``(d) Pursuant to the authority of subsection (a) and in
order to facilitate further compliance with the terms of the
Convention for Equitable Distribution of the Waters of the
Rio Grande, May 21, 1906, United States-Mexico, the Secretary
of State, acting through the United States Commissioner of
the International Boundary and Water Commission, may make
improvements to the Rio Grande Canalization Project,
originally authorized by the Act of August 29, 1935 (49 Stat.
961). Such improvements may include all such works as may be
needed to stabilize the Rio Grande in the reach between the
Percha Diversion Dam in New Mexico and the American Diversion
Dam in El Paso.''.
TITLE II--FOREIGN ASSISTANCE PROVISIONS
SEC. 201. HUMAN RIGHTS REPORTS.
(a) Section 116 Report.--Section 116(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) the votes of each member of the United Nations
Commission on Human Rights on all country-specific and
thematic resolutions voted on at the Commission's annual
session during the period covered during the preceding year;
``(4) the extent to which each country has extended
protection to refugees, including the provision of first
asylum and resettlement; and''.
(b) Section 502B Report.--Section 502B(b) of such Act (22
U.S.C. 2304(b)) is amended by adding after the second
sentence the following new sentence: ``Each report under this
section shall list the votes of each member of the United
Nations Commission on Human Rights on all country-specific
and thematic resolutions voted on at the Commission's annual
session during the period covered during the preceding
year.''.
SEC. 202. ASSISTANCE FOR MAURITANIA.
(a) Prohibition.--The President may should not provide
economic assistance, military assistance or arms transfers to
the Government of Mauritania unless the President certifies
to the Congress that such Government has taken appropriate
action to eliminate chattel slavery in Mauritania,
including--
(1) the enactment of anti-slavery laws that provide
appropriate punishment for violators of such laws; and
(2) the rigorous enforcement of such laws.
(b) Definitions.--For purposes of this section, the
following definitions apply:
(1) Economic assistance.--The term ``economic assistance''
means any assistance under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), except that such term
does not include humanitarian assistance.
(2) Military assistance or arms transfers.--The term
``military assistance or arms transfers'' means--
(A) assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to
military assistance), including the transfer of excess
defense articles under sections 516 through 519 of that Act
(22 U.S.C. 2321j through 2321m);
(B) assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training);
(C) assistance under the ``Foreign Military Financing
Program'' under section 23 of the Arms Export Control Act (22
U.S.C. 2763); or
(D) the transfer of defense articles, defense services, or
design and construction services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), including defense
articles and defense services licensed or approved for export
under section 38 of that Act (22 U.S.C. 2778).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey [Mr. Smith] and the gentleman from Virginia [Mr. Moran] each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey [Mr. Smith].
(Mr. SMITH of New Jersey asked and was given permission to revise and
extend his remarks.)
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I first of all want to thank the gentleman from Florida
[Mr. McCollum] for allowing us to sandwich our bill because of a
scheduling conflict in between his other bills that are scheduled and
to especially thank the gentleman from Virginia [Mr. Moran] for
graciously agreeing to be here tonight and to join us in hopefully
passing this important legislation.
Mr. Speaker, very briefly, this legislation is nine provisions, human
rights and refugee related. It is a bipartisan bill. It is cosponsored,
I am happy to say, by our committee chairman, full committee chairman,
the gentleman from New York [Mr. Gilman], the ranking member, the
gentleman from Indiana [Mr. Hamilton], the gentleman from California
[Mr. Lantos], who is ranking on my subcommittee, the gentleman from
California [Mr. Berman], the gentleman from Illinois [Mr. Hyde], the
gentlewoman from Florida [Ms. Ros-Lehtinen], the gentleman from
Pennsylvania [Mr. Goodling], and others.
[[Page H11128]]
It is a consensus bill about what needs to be done in a number of
important human rights areas. It also provides some authorities that
the State Department would like to have, one especially dealing with
machine readable fees to finance border security programs at no cost to
the U.S. taxpayer and an authority of the United States to stabilize
the channel of the Rio Grande River in accordance with international
agreements, and there are also some provisions dealing with USIA.
Mr. Speaker, I do think it is a good bill, and again I ask to put my
full statement into the Record.
The statement referred to is as follows:
Mr. Speaker, I am pleased to begin this discussion of the Human
Rights, Refugee, and Other Foreign Relations Provisions Act of 1996.
This act, which I am proud to sponsor along with Ben Gilman, Lee
Hamilton, Tom Lantos, Howard Berman, Henry Hyde, Ileana Ros-Lehtinen,
and Bill Goodling, consists of nine provisions that were originally
included in H.R 1561, the Foreign Relations Act for Fiscal Years 1996
and 1997, which was passed by the House and Senate last year.
Several provisions of the act extend or enhance authority to conduct
important programs that are already underway. Two of these authorities
relate to the security of our Nation's borders: The State Department's
authority to use machine-readable fees to finance its Border Security
Program at no cost to U.S. taxpayers, and the authority of the United
States to stabilize the channel of the Rio Grande River in accordance
with international agreements.
The act extends the authority of USIA to include Tibetan and Burmese
exiles in its scholarship programs, and requires USIA to take
appropriate steps to involve pro-democracy and human rights leaders in
exchange programs with countries whose people do not fully enjoy
freedom and democracy. It also requires that the State Department's
Country Reports on Human Rights Practices include reports on each
country's votes on resolutions before the U.N. Human Rights Commission,
as well as its treatment of refugees. The latter provision is designed
to enhance efforts to persuade other countries in the Western
Hemisphere and elsewhere to accept their fair share of the world's
refugee population, rather than leaving the brunt of the burden on the
United States and a few other nations.
The act extends for 1 year the current law relating to refugees in
certain high-risk categories, such as Jews and evangelical Christians
from the former Soviet Union and Southeast Asians who have suffered
persecution for their wartime associations with the United States. It
also clarifies the law with respect to forced abortion, forced
sterilization, and persecution on account of resistance to such forced
procedures. It requires periodic reports on the Castro government's
methods of enforcing its immigration agreements with the United States
and its treatment of people returned to Cuba in accordance with these
agreements.
Finally, the act provides that the United States should not give
foreign assistance, other than humanitarian assistance, to Mauritania
unless that country rigorously enforces its laws against human chattel
slavery. This is a vicious form of persecution--it involves racial
discrimination against blacks, religious persecution of Christians, and
the worst forms of degradation of women and children. The policies of
our Government toward Mauritania must be calculated to put a speedy end
to this heinous practice.
None of these sections was a source of controversy in the conference
or on the House or Senate floor, and none was alluded to in the
statement accompanying the President's veto of H.R. 1561. Several
sections have been modified slightly to address concerns expressed by
the administration. The act does not authorize expenditures for foreign
assistance. We have worked with the administration and with Democrats
on the International Relations Committee to meet their concerns. I have
been assured that the administration does not oppose this bill and that
it actively supports several important provisions of the legislation.
Major provisions of this bill are also supported by a broad range of
human rights organizations and other groups including the Council of
Jewish Federations, the Hebrew Immigrant Aid Society, the Union of
Councils for Soviet Jewry, the Lawyers Committee for Human Rights, the
U.S. Committee for Refugees, the United States Catholic Conference, the
Christian Coalition, the Family Research Council, and the International
Campaign for Tibet.
I urge a ``yes'' vote on this important human rights bill.
Mr. Speaker, I yield back the balance of my time.
Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume to
say that this bill has been modified so that it is truly a bipartisan
product. It is supported by a number of the senior ranking members on
the Committee on International Relations. It does some good and
important things in the area of international human rights, many of
which have been described by the gentleman from New Jersey [Mr. Smith].
As a result, the minority has no objection and urges passage of the
bill.
Mr. GILMAN. Mr. Speaker, H.R. 4036 was introduced by my friend, the
chairman of the Subcommittee on International Operations and Human
Rights, the gentleman from New Jersey [Mr. Smith]. I want at this time
to thank him once again for his steadfast support in Committee during
this very eventful Congress.
This bill consists largely of items culled from the conference report
on H.R. 1561 that help enforce human rights around the world or make
other, needed changes to the laws involved in the foreign relations of
the United States.
Among the matters that are taken up are the extension of the so-
called Lautenberg amendment, which provides for expedited consideration
for Christians and Jews still in jeopardy in parts of the former Soviet
Union, extending the authorization for the State Department to collect
the special machine readable visa fee which goes for border security
operations, extending certain authorities for the International
Boundary and Water Commission's operations on the U.S.-Mexican Border,
and several human rights provisions relating to Mauritania and other
places.
This bill has wide, deserved support and I commend the gentleman from
New Jersey for his perseverance in shepherding it to this point. I urge
my colleagues to support the bill.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R.
4036, the Human Rights, Refugees and Other Foreign Relations Provisions
Act. I support the provisions of the bill that reduce the discretion of
U.S. immigration authorities to deny political asylum to individuals
who claim coercion by a foreign government to participate in population
control programs. This provision will make it easier for immigrants to
claim asylum on this basis.
Furthermore, I support the prohibition on economic and military
assistance to the Government of Mauritania unless our President
certifies that Mauritania has taken action to eliminate slavery.
Another important provision of the bill orders the President to
submit reports to Congress regarding the voting record of the U.N.
Commissioners on Human Rights on country-specific resolutions. We need
to continue to make human rights a major factor in the formulation and
implementation of our foreign policy. The President's report must also
include information on each country's effort to protect refugees.
With respect to human rights, I would have preferred that the bill
contain provisions relating to human rights problems in Ethiopia. While
the current government in Ethiopia is much better than the previous
government in the area of human rights, there is still much work to be
done. I am concerned by reports that academicians, journalists and
opposition leaders are being persecuted for their beliefs and efforts
against the current government. The State Department should continue to
carefully monitor human rights progress in Ethiopia as we allocate
funding to Ethiopia in fiscal year 1997.
I urge my colleagues to support this legislation
Mr. PORTER. Mr. Speaker, I am pleased to rise in support of this
legislation which would ensure passage of several important provisions
which are included in the Immigration bill. Should partisan differences
continue to hold up the Immigration bill, we would still be able to
address the serious issues of U.S. support to Tibetan and Burmese
exiles and reclassification of resistance to reproductive persecution
as constituting political persecution under the refugee definition. In
addition, this bill will provide continued authorization for one of the
most successful aspects of our refugee and asylum law: the protection
of high risk refugees such as Soviet Jews.
These measures have already received the support of this House in
other legislation. H.R. 4036 will provide a stop-gap to ensure their
continuation. I urge my colleagues to support this most worthwhile
legislation.
Mr. MORAN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey [Mr. Smith] that the House suspend the rules
and pass the bill, H.R. 4036, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill making
certain provisions with respect to internationally
[[Page H11129]]
recognized human rights, refugees, and foreign relations.''
A motion to reconsider was laid on the table.
____________________