[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.

                          ____________________