[Congressional Record Volume 143, Number 75 (Wednesday, June 4, 1997)]
[House]
[Pages H3291-H3358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1998 AND 1999
The SPEAKER pro tempore. Pursuant to House Resolution 159 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1757.
{time} 1440
In the Committee of the Whole
Accordingly the House resolved itself into the Committee of the Whole
House on the State of the Union for the consideration of the bill (H.R.
1757) to consolidate international affairs agencies, to authorize
appropriations for the Department of State and related agencies for
fiscal years 1998 and 1999, and for other purposes, with Mr. Hansen in
the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from New York [Mr. Gilman] and the
gentleman from Indiana [Mr. Hamilton] each will control 30 minutes.
The Chair recognizes the gentleman from New York [Mr. Gilman].
Mr. GILMAN. Mr. Chairman, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Chairman, I rise in support of H.R. 1757, the Foreign
Relations Authorization Act for fiscal years 1998 and 1999. The bill
before the House today includes a basic reauthorization of the
operations of the Department of State and related agencies and the
consolidation of some of those foreign affairs agencies.
This bill is the product of significant oversight and a bipartisan
effort. By way of this bill, support is provided for our Government's
activities abroad, to include U.S. embassies, American citizen
services, passport and visa issuance, and international broadcasting
programs such as Radio Free Asia and broadcasting to Cuba. In addition,
it funds United States-Mexico and United States-Canada commissions that
are tasked with matters dealing with fisheries, with sewage disposal,
and other border issues.
We included most of the administration's legislative requests.
However, in
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adherence to concerns of the Committee on Ways and Means and the
Committee on the Budget, a few of those provisions have been deleted
from this bill.
The bill authorizes $6.1 billion for fiscal year 1998 and fiscal year
1999, and is $200 million below the President's request. Funding for a
strong U.S. presence abroad is in our vital national interest and
provides the platform for a myriad of U.S. overseas interests.
Specifically, we need to have a robust diplomatic presence abroad to
help us develop markets, to help us maintain stability, to protect our
friends in the still dangerous world, and to put into effect the
humanitarian instincts of our American people.
Mr. Chairman, this bill incorporates the President's decision to
consolidate the U.S. Information Agency and the Arms Control and
Disarmament Agency into the State Department. In the 104th Congress our
Overseas Interests Act included such a consolidation plan, but it was
vetoed by the President. Now the President is supporting consolidation.
This bill locks in that agreement. This consolidation is the first step
to reforming the international affairs apparatus to meet the changed
post-cold-war world.
Accordingly, Mr. Chairman, I urge my colleagues to support this
measure to ensure efficiencies and more effectiveness of our foreign
affairs agencies.
Mr. Chairman, I reserve the balance of my time.
Mr. HAMILTON. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the State Department authorization bill before us is
generally satisfactory on overall funding levels. It authorizes $6.115
billion for fiscal year 1998, and that is very close to the
administration's request.
{time} 1445
That is the most positive statement I can make about this bill. From
my standpoint, and more importantly, of course, from the standpoint of
the administration, there are very serious problems with the bill.
These problems are at least three. One is micromanagement, two is some
bad policy provisions, and three are some earmarks. But above all it
seems to me the chief problem with the bill is its language on
reorganization.
Mr. Chairman, the Committee on Rules decided to make in order as part
of the text of the bill the reorganization amendment of the gentleman
from New York [Mr. Gilman]. In terms of substance, I have already been
critical of that in terms of process in the rules debate, but in terms
of substance the Gilman provision on reorganization I think is exactly
the wrong approach. What the Gilman provision does is to mandate that
the administration must submit a reorganization plan by mid-August and
then in large measure dictates what must be in that plan. That
provision micromanages how reorganization must occur, mandating the job
requirements, for example, of an Under Secretary and 6 of the 20
Assistant Secretaries. That provision spells out a specific list of
personnel who will be transferred or separated.
Mr. Chairman, I think the administration has made clear that it
opposes the Gilman provision of reorganization because it intrudes on
the ability of the Executive to organize itself and to carry out the
President's responsibility to conduct American foreign policy.
I quote from the administration's view: ``The administration strongly
opposes a Gilman-sponsored amendment that would mandate many of the
details on how to implement such a complex reorganization, thereby
prejudging how the foreign affairs agencies are to be restructured.''
That Gilman amendment, of course, is now part of the bill text, and
the administration has also made clear that this amendment alone, if
included in the bill, would lead the President's senior advisers to
recommend a veto of the bill.
Thus, I intend to offer an amendment to correct the problems that I
see in the provision that the gentleman from New York [Mr. Gilman] has
on reorganization. My amendment takes a different approach. It
respects, I believe, and preserves the prerogatives of both the
President and the Congress. It mandates that the President submit a
reorganization plan to Congress within 120 days, gives the Congress 120
days to evaluate that plan, to suggest changes, and then vote against
it under expedited procedures, if in fact the Congress opposes the
plan. The approach of the amendment I intend to offer is to let the
Executive take the lead in organizing its own affairs.
Mr. Chairman, in my view Congress should be reluctant to tell the
Executive how to arrange the furniture and the flow charts. We should
let the Executive organize itself. We are an equal partner in
Government, but our responsibility is to hold the President to
standards and evaluate results, not dictate organization, at least in
most instances.
The administration supports my amendment; I think it opposes the
underlying text of the Gilman provisions. And I want to emphasize that
if the Gilman provisions on reorganization remain in the bill, I will
oppose the bill, and I think the President's advisers will recommend a
veto.
One of the second concerns relates to a similar problem, and that is
the example of micromanagement in the bill quite apart from the
reorganization amendment. It mandates a new Ambassador for counter
terrorism, calls for the appointment of a special envoy to Tibet, a
step that could significantly complicate management of the vitally
important United States-China relationship. It creates a new Assistant
Secretary for Human Resources. I think that will complicate personnel
management. It mandates a specific set of qualifications for Assistant
Secretary for diplomatic security. It restructures the Population,
Refugees and Migration Bureau and sets a ceiling on the number of
foreign service officers at the State Department, USIA and AID. The
administration opposes all of these provisions because they seriously
intrude on the executive branch's ability to administer its programs.
I am also concerned about several of the policies mandated in the
bill. I do believe that these can probably be worked out in conference,
but I want to identify them at least. One relates to Jerusalem, and I
know it is a very popular provision. The bill authorizes $100 million
from the State's building account to move the United States Embassy to
Jerusalem and requires that all United States publications identify
Jerusalem as Israel's capital.
Contrary to the position taken by American Presidents for several
decades, this provision prejudices the United States position on the
final status of Jerusalem, a status that can be resolved, of course,
only through very difficult negotiations by the parties.
This provision is unacceptable to the administration, as it is to me.
It has the potential to do very serious damage to the Middle East
process, which I am sure none of us want to do.
The provision also takes money away from other building projects to
fund a project that the administration does not request.
A second policy provision relates to Cuba. The bill calls for 3 new
reports on Cuba, including one on title IV of the Helms-Burton Act. The
purpose of these provisions overall I think is to tighten the noose on
Cuba. The administration is now trying to resolve very tough problems
with our allies that have resulted because of the package of Helms-
Burton. The Cuba provisions in this bill I think move us in the wrong
direction. They will only further irritate relations with our closest
friends and trading partners at a very delicate time.
Finally, let me indicate that though the funding levels are generally
satisfactory, there are still problems in earmarks. The migration and
refugee assistance account was funded at $53 million above the
administration's request. That comes at the expense of foreign
assistance funding. We may overfund one category today, but important
foreign assistance programs will pay the price in another bill later.
The money all comes out of the same pot eventually, the international
affairs or 150 account.
I also am uneasy with a number of earmarks in the voluntary
international organizations account. Of $200 million requested, $18
million is earmarked, $14 million of it for programs the administration
did not request.
The micromanagement, the policy provisions and the earmarks of the
bill I think are problems, major problems, but I think they can
probably be
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worked out in conference committee. I do want to emphasize, however,
that the reorganization provisions in this bill are a poison pill. They
are certainly veto bait for the President, and on the basis of that
provision alone, if it is included in the bill, I will vote against the
bill.
Mr. Chairman, I reserve the balance of my time.
Mr. GILMAN. Mr. Chairman, I yield 5 minutes to the gentleman from New
Jersey [Mr. Smith], the chairman of the Subcommittee on International
Operations and Human Rights who has done a remarkable job and a great
deal of work in bringing this measure to the floor at this time.
Mr. SMITH of New Jersey. Mr. Chairman, I thank my good friend, the
gentleman from New York [Mr. Gilman], for yielding this time to me.
Mr. Chairman, I am pleased to recommend passage of H.R. 1757, and I
hope that the House will adopt an important amendment that I will offer
later on during consideration of this bill dealing with the pro life
issue. I am also pleased to note that Division B of the bill was H.R.
1253, the Foreign Relations Authorization Act for fiscal years 1998 and
1999, which I introduced earlier this year and which was marked up by
our Subcommittee on International Operations and Human Rights. The plan
to couple this bill with the foreign aid bill was aimed at expediting
consideration of both bills over on the Senate side. Now that they are
decoupled again, the Foreign Relations Authorization Act is proceeding
separately, with another bill being attached to it which we will
consider very shortly.
Although I know many of my Democratic colleagues are unhappy with the
procedural steps that have led to the consideration of this bill, and I
share some of their frustration, believe me, I do believe that the
substance of Division B is a solid, thoughtful product, and the result
of bipartisan cooperation.
In it, we fund most of our programs at or near the administration's
request, but in some cases we shift some priorities in an effort to
ensure that American foreign policy reflects American values. On a few
items of compelling importance, such as refugee protection, the World
Food Program, assistance to torture victims, and combating
international child labor, the bill provides modest increases over and
above the administration request.
I fully support the language encouraging the United States Government
to press the Turkish Government to permit true freedom of religion. Of
premier concern is the continued closure of the Halki Theological
School, which is a clear violation of international treaties to which
Turkey has been a signatory, including but not limited to the Helsinki
Final Act, the Treaty of Lausanne, the 1968 Protocol, and the Charter
of Paris. The Turkish Government should allow the Theological School,
which was closed by that government more than 25 years ago, to reopen
and have unhindered training for the Orthodox Christian leadership.
Full religious liberty does not exist when a religious group is not
allowed to develop or openly train its leadership. We cannot stand by
and simply observe this policy of gradual strangulation by the Turkish
Government, but must make every effort to encourage Ankara to recognize
the right of the Ecumenical Patriarchate to train its own leaders,
consistent with Turkey's international commitments. In addition, the
Turkish Government should work to ensure the security of the Ecumenical
Patriarchate and the property belonging to the Patriarchate.
property restitution (sec. 1716)
Mr. Speaker, the committee adopted the language pertaining to the
issue of wrongly confiscated foreign properties, which I had offered as
an amendment. This language stemmed from a hearing the Commission on
Security and Cooperation in Europe--which I chaired in the 104th
Congress--convened last July. At that hearing, Under Secretary of
Commerce Stuart Eizenstat and Chairwoman of the Foreign Claims
Settlement Commission Delissa Ridgway outlined the maze of programs and
procedures which govern property claims in Central and Eastern Europe
today. Section 1716 acknowledges the especially compelling plight of
Holocaust survivors in Central and Eastern Europe, who were often
denied compensation for their suffering at the end of the war. We call
on governments in this region to stop discriminating in their
restitution or compensation laws on the basis of citizenship or
residency--provisions that, in one particularly egregious case--the
Czech Republic--appear designed to exclude Americans from this process.
deployment of democracy in the republic of serbia (sec. 1714)
Section 1714 makes two critical points regarding democratization in
Serbia. First, the language notes that even ethnic Serbs are denied
basic human rights by the Milosevic regime, even though he claims to
speak in their name. This fact was emphasized at a Helsinki Commission
hearing last December, where representatives of opposition political
parties, the alternative workers movement and the independent media in
Serbia presented testimony regarding the regime's attempt to deny the
will of the people as expressed at the ballot box. A meeting the
Helsinki Commission had with Serbian student protesters in January
confirmed that the people in the streets at that time did not just want
election results recognized; they wanted the promise of a democratic
future. Mr. Speaker, they deserve our support for that. The second
point made in this section is that, while the United States decided--
rightly or wrongly--to end Milosevic's isolation and deal with him
directly in Dayton to end the Bosnian conflict, we recognize that
genuine peace and true regional stability rests not in making a deal
with a dictator, but in the establishment of a democratic society. The
Helsinki Commission first raised this point at the conclusion of a
fact-finding mission to Serbia and Montenegro organized 1 year ago.
Section 1714 supports the development of democratic institutions and
civil society in Serbia, especially in regard to free media and the
rule of law. We would also link normalization of United States
relations with Belgrade to free and fair elections, the recognition of
those results, and the toleration of democratic development. There are
other critical issues linked to normalization, like cooperation with
the International Tribunal for war crimes in the Hague and progress in
Kosovo, and the language appropriately alludes to this fact.
I know my good friend from Indiana noted that these additions were
not asked for, but I remind Members that it was a bipartisan bill that
asked for more money to combat the scourge of child labor. This bill
gives $10 million each year to the International Program on the
Elimination of Child Labor of the International Labor Organization to
try to combat this terrible exploitation of children for their labor.
Like the subcommittee that produced it, the Foreign Relations
Authorization Act is not only about international operations, but also
about human rights. Every structural and fiscal decision has been taken
with an eye toward preserving core humanitarian programs, saving lives
and promoting the just interests of the American people.
While providing adequate funding for foreign relations programs, the
bill also attempts to improve efficiency, transparency, and
accountability in these programs. It reforms the State Department
retirement and personnel programs to prevent double dipping and
restores the power of the Secretary of State to terminate the
employment of convicted felons, a power that had been inexplicably
curtailed by an administrative grievance board.
H.R. 1757 also requires the State Department to report to the
Congress on its efforts to get the government of Vietnam to cooperate
on unresolved POW-MIA issues and on the deplorable human rights
situation in that country, which includes the imprisonment not only of
political dissidents but also of Buddhists, Catholic priests, and
Protestant ministers. The Department would also be required to report
on the progress of efforts to resolve claims by United States firms
against the government of Saudi Arabia, claims that should have been
resolved a long, long time ago, and it would put an end to the
outrageous practice of requiring United States citizens to pay for a
900 number when they want to know why the Department is late in
processing their passports.
I want to say a word or two about the provisions to streamline and
reform our foreign policy agencies. Mr. Chairman, this bill reduces the
number of agencies by two. Just as important, it does so in a way that
would not only increase efficiency and reduce costs but, importantly,
will preserve the vital functions of these agencies.
In particular, the provisions of the bill were designed to preserve
the independence of our international freedom broadcasting services and
other functions of public diplomacy that are performed by the U.S.
Information Agency. We do not simply turn Radio Free Asia and Radio
Marti over to the State Department so the country desks can do whatever
they want on a short-term basis to promote what they think is
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important. By preserving the independence of these institutions within
a new and distinct division of the State Department, we ensure that
they will continue to reflect long-term American interests and values
by supporting freedom and democracy around the world.
Finally, Mr. Chairman, let me say a word or two about the pro life
amendment that I will offer at the appropriate time during
consideration of this bill. This amendment will clarify and will
clearly define U.S. policy with respect to abortion around the world,
particularly with respect to forced abortion.
First, it will enact a positive law--the Mexico City policy--which
prohibits United States population assistance funds from going to
foreign organizations that perform or actively promote abortion as a
method of family planning overseas.
Second, it will prohibit contributions to UNFPA, UN Population Fund,
unless it ceases its support for the coercive population control
program in the People's Republic of China. Again, Mr. Chairman, this is
an amendment that will ensure that the U.S. foreign policy really does
reflect American values.
Mr. Chairman, we need to support human rights across the board,
including the rights of unborn children and of women who are brutalized
by forced abortion. We can make a strong statement here that American
foreign policy must reflect those values.
Mr. HAMILTON. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Connecticut [Mr. Gejdenson].
Mr. GEJDENSON. Mr. Chairman, I would like to take one moment to
simply object to the process, and I know that it is hard for people to
think the process is important. We have a legislative process here that
has been completely abdicated and given to the Committee on Rules in a
process that the Politburo would have envied.
There was an effort to put together a piece of legislation that in a
bipartisan manner would reflect the sentiments often spoken of in this
Chamber that foreign policy debate is something we try to do in a
bipartisan manner, that politics stops at our borders, but apparently
that is not the case under this Committee on Rules and under this
majority Republican Congress.
{time} 1500
What we have is a complete rupture of the legislative process without
hearings, without debate. All the many days of work of the committee
was abdicated when word came down from the Committee on Rules that they
were going to decide how this is made up.
The next step, which is probably even worse, is what they try to do.
What they try to do in this process is change the way the President of
the United States and the State Department and USAID and other
organizations work out their responsibilities. They try to do it in a
manner that dictates the terms in which AID and others will relate to
one another. Now I think if there has been a program that has been
helpful to our foreign policy interests and to our economic interests,
it is USAID.
The countries that were previously our largest recipients of grain
and other assistance are today the largest purchasers of American
agricultural products, helping our balance of trade.
I think that what we ought to do is what the Hamilton proposal does,
and that is to give the President the ability to make efficiencies
occur that he, the Executive, sees are necessary, but not simply to try
to constrain him into a process that may have nothing to do with the
reality of how this White House, State Department, AID work together.
What we have here is an opportunity for people on both sides of the
aisle to join together to reject the process that we have been forced
into here today, and to reject the substance as well. There will be
other amendments that are even more damaging that we will debate later,
but even without those it is clear that the best course of action for
this House, from a substantive point of view and from a procedural
point of view, is to reject this legislation and force the Committee on
Rules to bring to the floor the assistance legislation and State
Department legislation that the committee passed.
Mr. GILMAN. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Florida [Ms. Ros-Lehtinen], a member of the Subcommittee on
International Economic Policy and Trade.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in strong support of the bill
introduced by the gentleman from New York [Mr. Gilman], our
distinguished colleague and the chairman of the Committee on
International Relations, and everyone's friend.
The impact and ramifications of this bill, Mr. Chairman, are wide-
ranging. However, I would like to focus on a particular provision which
would guarantee that the integrity and purpose of U.S. foreign policy
and related laws passed by our legislative body are not being
compromised.
The measure I am referring to is one which establishes reporting
requirements on the implementation of title IV of the Helms-Burton law.
As the evidence clearly demonstrates, the Castro dictatorship in Cuba
is, without a doubt, an enemy of the United States and presents a
threat to the security of the American people. It is a terrorist regime
that has repeatedly exported violence to other countries in our
hemisphere. It attempts to undermine our stability by its involvement
and support for the illicit narcotics trade. It serves to ridicule the
U.S. Government by being the last bastion of communism in the U.S.'s
own backyard, and it is rated by our own State Department as well as
the Inter-American Commission on Human Rights as the worst human rights
violator in our hemisphere.
It is thus imperative for us in the United States Congress to stand
firm by our policy of isolating this pariah state and not allow feel-
good promises from our allies to diminish our resolve, and we must lead
our allies in making sure that we are no longer in violation of U.S.
laws by passing weak and inconsistent implementation of Helms-Burton.
The provision in this bill does what we set out to do when we passed
the law. The fact is supported by the attacks that it has attracted
from senior officials from the Castro regime who, over sheer
desperation over the ramifications of the passage of this bill, felt
compelled to hold an internationally broadcast press conference this
past Friday to use their propaganda machine to attack this and other
measures. They are certainly doubtful about the commitment of this
administration to implement Helms-Burton to its full extent.
The periodic written reports required by our provision provide a more
thorough documentation and will allow us to track the progress of the
implementation of our laws over time. It ensures transparency in the
process, it ensures the full force of the Libertad Act.
Until we see concrete actions from our European allies and others who
choose to negotiate with Castro and thereby extend the suffering and
the oppression of the Cuban people at the hands of this brutal
dictator, this Congress must stand firm and refuse to allow our laws to
be weakened for the purpose of appeasing our allies.
As we have stated on numerous occasions, diplomacy does not mean
surrender. For this and many other reasons, Mr. Chairman, it is
imperative for the passage of this bill that we include this provision.
Furthermore, as we have emphasized during committee consideration, we
have seen how Helms-Burton has yet to be implemented. I urge my
colleagues to support passage of this bill.
Mr. HAMILTON. Mr. Chairman, I yield 5 minutes to the distinguished
gentleman from California [Mr. Berman].
Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding me the
time.
If the situation were not so tragic, it would be humorous. We are
watching the Republican majority with the presentation of this bill
snatch defeat out of the jaws of victory on two of the issues they have
fought the most for over the past 2\1/2\ years. First is the foreign
aid authorization bill. After 3\1/2\ or 4 days of relatively amiable
discourse, reasonably intelligent debate, a bipartisan consensus was
formed that passed out an authorization bill that supported much of the
administration's key priorities and at the same time dealt with many of
the strong concerns of the Republican majority on the committee, a vote
that included every single Democratic member of that committee and the
vast majority of the Republican members of that committee,
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in marked contrast to the way the process had transpired 2 years
before, a process which produced veto and veto and veto and no law.
From that bill, which by the way, lest my colleagues think this was
tilted too much to the minority or too much to the administration, that
bill, which came out of committee, was referenced in the letter signed
by Henry Kissinger, James Baker, General Colin L. Powell, George
Shultz, Lawrence Eagleburger, Brent Scowcroft, and Alexander Haig, key
national security advisors and Secretaries of State for the last three
Republican administrations.
What they said to the chairman of that committee who worked hard to
produce this bipartisan majority was: ``We commend you,'' and I am
talking here about seven key Republican Secretaries of States and
national security advisors.
``We commend you and your committee colleagues for having the courage
to authorize adequate funding for the international affairs programs of
the U.S. Government. We realize that funding these programs is rarely
popular, but there are times when our political leaders, whether in the
Congress or the Executive, must do what is best for the country, no
matter what the popular view. This is one of those times. This post-
Cold War era is a time of great opportunity. It is also a time, if we
act irresponsibly, that can lay the groundwork for instability and
conflict for generations to come. Without American leadership in the
years ahead, instability and conflict are certain. A creative U.S.
foreign policy demands an efficient and effective foreign affairs
establishment. H.R. 1486,'' the bill that we passed out of committee,
not the bill we are considering now, ``will give us that instrument.''
Henry Kissinger, James Baker, Colin Powell, George Shultz, Lawrence
Eagleburger, Brent Scowcroft, Alexander Haig.
Instead, we have a truncated bill that removes all of the
authorizations in the foreign assistance program, much of the language
dealing with critical issues like how we should be dealing with the
former republics of the Soviet Union, what we should be doing in terms
of development assistance in Africa that authorized the funding for our
key priorities in the Middle East, including support for Israel and
support for Egypt and the other countries in that region. And we are
left with a bare-bones State Department authorization bill, a bill that
unilaterally was changed by the Republican leadership that I can only
believe did not want to see a bill that had too much Democratic support
for fear that somewhere, someone would come and attack it just for that
reason.
This is not the way to move ahead on a bipartisan foreign policy. But
this is not the only area where they snatched defeat from the jaws of
victory. For 2 years the Republican priority has been to reorganize our
foreign relations agencies. Many of us opposed them on that over the
past 2 years. The administration opposed them.
Finally, and I think my colleagues can perhaps fairly say kicking and
screaming, the administration turns around, agrees to merge two of its
international relations agencies, the USIA and the arms control and
disarmament agency into the State Department to require the Agency for
International Development to report to the Secretary of State, not to
the President, to cover all of the major priorities that the
Republicans in both the House and the Senate had been screaming about.
So what did the Republican majority try to do? Instead of letting
that process, which has been announced and developed, take fold, work
with the administration to do the necessarily implementing legislation,
unilaterally the Republicans are proposing a substitute in this bare-
bones bill that no longer has any of the bipartisan elements that
caused us to all support the bill in the beginning, to ram through a
unilateral partisan, never-before-seen in a committee anywhere proposal
to reorganize on their terms. That will defeat the reorganization
effort, that will cause the administration to back off, that will cause
this bill to become veto bait once again.
So both in terms of the bipartisanship on the aid and the
achievements in the reorganization, everything is at risk. I think it
is a terrible mistake and I urge that the bill be defeated.
Mr. Chairman, I include for the Record the letter referenced earlier
in my remarks.
May 20, 1997.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations, U.S. House of
Representatives.
Dear Ben: We are writing to express our support for the
bill your Committee has reported, H.R. 1486, the ``Foreign
Policy Reform Act''.
We commend you and your Committee colleagues for having the
courage to authorize adequate funding for the international
affairs programs of the U.S. Government. We realize that
funding these programs is rarely popular. But there are times
when our political leaders, whether in the Congress or the
Executive, must do what is best for the country no matter
what the popular view. This is one of those times. This post
Cold-War era is a time of great opportunity; it is also a
time--if we act irresponsibly--that can lay the ground work
for instability and conflict for generations to come. Without
American leadership in the years ahead instability and
conflict are certain. A creative U.S. foreign policy demands
an efficient and effective foreign affairs establishment. HR
1486 will give us that instrument.
We also support your intention to amend your bill on the
House floor to abolish two agencies, the Arms Control and
Disarmament Agency and the U.S. Information Agency, and to
consolidate the functions of the these agencies, as well as
some functions of the Agency for International Development,
into the Department of State. Reorganization and streamlining
of our foreign affairs agencies is long overdue.
With your continued leadership, we can build on America's
victory in the Cold War and make sure that in the next
century our nation does not repeat past mistakes. We must
learn from history.
Sincerely,
Henry Kissinger.
George P. Shultz.
Alexander M. Haig, Jr.
James A. Baker, III.
Lawrence Eagleburger.
General Colin Powell.
Brent Scowcroft.
Mr. GILMAN. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida [Mr. Diaz-Balart], a distinguished member of the House
Committee on Rules.
Mr. DIAZ-BALART. Mr. Chairman, I thank the chairman for yielding me
this time, and I commend the gentleman for all the hard work on this
legislation. I think it is unfortunate that our friends on the other
side of the aisle are not looking very much at bipartisan measures that
are included in the legislation before us.
For example, my distinguished colleague, the gentlewoman from Florida
[Ms. Ros-Lehtinen], inserted a very important provision in this
legislation, especially at this time of negotiations between the United
States and the European Union with regard to our sanctions policy
against the Cuban dictatorship, a dictatorship that is in its last
stages. There is no doubt that sovereignty will soon be returned to the
people of Cuba. The dictatorship will not last long, and the day where
the Cuban people will finally have self-determination and freedom will
soon arrive, and especially at this moment when the United States and
the European Union are negotiating because of a very unwise challenge
by the European Union with regard to our policy at the World Trade
Organization.
It is very important that the measure that the gentlewoman from
Florida [Ms. Ros-Lehtinen] included in this legislation that she
referred to previously to insist upon full compliance with title IV of
the Helms-Burton law be passed, and it is in here, Mr. Chairman. The
gentleman from New Jersey [Mr. Menendez], a very distinguished friend
from the other side of the aisle, has included a very important
provision as well.
We need to stop the nuclear power plants that Castro is trying to
complete from being completed. It was outrageous when we found out that
the International Atomic Energy Commission was actually using U.S.
taxpayer funds to assist Castro in the completion of those plants. That
is prohibited in this legislation, Mr. Chairman. It is an important
piece of legislation. It has bipartisan aspects to it. These measures
have been supported on a bipartisan basis, and it is unfortunate that
our colleagues have reacted in this way.
Mr. HAMILTON. Mr. Chairman, I yield 2 minutes to the gentleman from
California [Mr. Capps], a distinguished member of the committee.
Mr. CAPPS. Mr. Chairman, when I came to Congress not very many weeks
ago, I promised the people I represent
[[Page H3296]]
that I would do what I could to work in a bipartisan fashion to help
restore the bond of trust between the people and those of us who
represent them here in Washington.
Mr. Chairman, I have now changed my resolve. The example that I have
cited over and over again is the fine way that the Committee on
International Relations has worked under the able direction of the
gentleman from New York [Mr. Gilman], the way we have worked together
to produce bills on which there was a bipartisan agreement.
For me, watching this for the first time at this close range,
participating in it for the first time, it was democracy in action. The
debate was spirited, opposing points of view were vigorously expressed,
and we came to agreements that could stand because we trusted the
process and the process itself was trustworthy.
{time} 1515
I would come home week after week to California and tell the people
that I represent that I was participating in a Jeffersonian exercise of
which I was very proud. We were creating foreign policy in a bipartisan
manner, very effective foreign policy.
Because of the way we did it, the bill that came from the committee
was a bill that both the President and the Congress, Democrats and
Republicans, could agree on. In my judgment, the original bill
contained sufficient funding. It included sound policy on family
planning. It avoided highly contentious action on U.N. funding and
agency reorganization. It even included a compromise that I was pleased
to work out with the gentleman from New Jersey [Mr. Smith]. Now we have
something very different that makes something of a mockery of the
legislative process and, in my judgment, violates Democratic
principles.
I was asked to restore the bond of trust. I must say, Mr. Chairman,
that in this instance I do not trust the process. I am going to vote
against the bill, and wish so much that we could vote on the bill on
which the committee had come to agreement.
Mr. GILMAN. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Tennessee [Mr. Duncan].
Mr. DUNCAN. Mr. Chairman, I rise in support of this legislation and
the improvements it makes in the operation of our State Department. I
especially appreciate the chairman of the Committee on International
Relations for yielding me this time, and for including a provision
regarding diplomatic immunity in this bill.
This provision is taken almost word for word from H.R. 1622, a bill
introduced by the gentleman from California [Mr. Dreier] and myself in
the House and Senator Coverdell in the other body.
This bill grew in part out of the tragic death of a 16-year-old girl
in the Washington, DC area who was killed by a drunken driver who
happened to be a diplomat from the Republic of Georgia. This diplomat
could have escaped prosecution, as many others have, even when people
have been killed, had diplomatic immunity not been waived.
Foreign diplomats who commit felony offenses on U.S. soil should be
prosecuted for those crimes. If U.S. diplomats commit felony offenses
overseas, they should be prosecuted. Specifically, this bill urges the
State Department to pursue waivers of diplomatic immunity when foreign
diplomats commit serious crimes in the United States.
In addition, if a foreign government of a diplomat who commits a
crime will not agree to waive immunity, then that government will be
encouraged to prosecute the criminal for the same offense in its own
courts. This language will encourage the State Department to hold
diplomats accountable for crimes committed in the United States.
I welcome all people of all nationalities into this country, but at
the same time, I do not think that diplomats should have the right to
come here and kill or commit other serious crimes against U.S. citizens
without expecting punishment.
Again, Mr. Chairman, I would like to thank the chairman and the other
members of the Committee on International Relations for recognizing
this problem and acting to correct it, and including this provision in
the legislation. I urge passage of this bill, and I once again commend
the chairman for the diligent way in which he has worked to try to
accommodate all interests in this legislation.
Mr. GILMAN. Mr. Chairman, I am pleased to yield 3 minutes to the
gentleman from Pennsylvania [Mr. Fox], a member of the committee.
Mr. FOX of Pennsylvania. Mr. Chairman, I rise to support the bill.
Chairman Gilman has done an outstanding job in bringing both sides of
the aisle together in a bill that is going to achieve, I believe, the
kinds of reforms that Congress has set out to do, to make sure that we
streamline Government and making sure that in this budget we get our
money's worth.
I might say as one of the highlights: the Embassy move of the United
States to Jerusalem, the capital of Israel, which is included within
this legislation. I remember from the 104th Congress this was an
initiative that was begun then to do what was right to make sure the
United States has our Embassy in the capital of Israel, just like we
have our Embassy in the capital of every other country.
I think it is also important to point out that this legislation makes
some very important points with regard to Cuba. It puts more controls
on the Castro dictatorship. Just like the fact that a representative
and spokesperson for Fidel Castro spoke out against this legislation,
which should give us reason, as well, to vote for the bill.
I think it is also important to have my colleagues on both sides of
the aisle realize that this legislation sensibly funds refugee programs
around the world. So here we have a bill that deserves the support, I
believe, of Members, Republican, Democrat, Independent, regardless of
your States.
We here in the United States are doing what is right across the
world. This legislation is the right bill at home, which I think has
taken into account the hearings we have had before the Committee on
International Relations and also respects the wishes of most of all our
Members, if not all the Members, who had input on the bill.
I would urge all our colleagues to support it, and again thank the
chairman, the gentleman from New York [Mr. Gilman] and the gentleman
from Indiana [Mr. Hamilton], the ranking member, for their leadership
and what they have done to bring this bill to this point.
Mr. HAMILTON. Mr. Chairman, I yield back the balance of my time.
Mr. GILMAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would just like to urge our colleagues to consider
fully supporting this measure, even though they may have some
reservations for one portion of the bill or another. I think overall,
this State Department reauthorization is so essential to our foreign
policy. There are a number of important measures which will enhance our
State Department's ability to conduct foreign policy. While we would
have liked to have seen an undivided bill, I want to assure my
colleagues that we will be going to bat with our leadership to try to
have the foreign aid measure follow the adoption of this bill.
Mr. LANTOS. Mr. Chairman, I rise today to express my strong
opposition to House Resolution 159, the rule for the consideration of
H.R. 1757, the Foreign Relations Authorization Act, and H.R. 1758,
European Security Act. I want to associate myself in particular with
the outstanding remarks that were made earlier in this debate by our
distinguished colleague from Indiana, Mr. Hamilton, the ranking
Democratic member of the International Relations Committee.
First, Mr. Chairman, the rule being proposed by the Rules Committee
today is a mindboggling travesty of the procedures of this House.
Almost since the very beginning of this Congress, as the ranking
Democratic member of the Subcommittee on International Operations and
Human Rights, I have worked and my staff have worked with the chairman
of the subcommittee, our distinguished colleague Mr. Smith of New
Jersey and his staff. We resolved a number of difficult issues in a
spirit of bipartisanship and cooperation that I have welcomed. We
worked out a good Foreign Relations authorization bill--it included
provisions that involved compromise and accommodation that were
carefully and thoroughly worked through with the administration and
with other members of the subcommittee and the committee. The bill was
considered by the full International Relations Committee where it was
seriously and thoughtfully considered over a number of days. The final
bill--
[[Page H3297]]
H.R. 1486, the Foreign Policy Reform Act--was the bipartisan product of
that effort.
When H.R. 1486 was considered by the Committee on Rules, the
committee essentially rewrote the bill. All of this was done without
hearings, without the involvement of the members of the International
Relations Committee, against the previously expressed views of the
chairman of the International Relations Committee, and in the back
room, out of the view of the Members of this House.
Mr. Chairman, if the standing committees of this House are so
irrelevant, so unimportant, that their efforts are totally ignored,
perhaps we should save money by simply abolishing all of the standing
committees of the House. Then all of our decisions can be made for us
by the Committee on Rules. My first concern then, Mr. Speaker, is that
the rule for the consideration of these bills today is a total travesty
of fairness and the normal procedures of this House.
The second reason for my opposition to this rule, Mr. Chairman, is
that the rule also provides for a closed rule for the consideration of
H.R. 1758, the so-called ``European Security Act.'' This is likewise an
astounding provision. During the present Congress, the Committee on
International Relations has not even so much as held a hearing on the
principal issues with which this legislation deals: NATO enlargement,
the Treaty on Conventional Forces in Europe, and the Anti-Ballistic
Missile Treaty. It is an egregious violation of House procedures to
prohibit amendments to this amendment which has never been considered
by the International Relations Committee and Members have never had the
opportunity to consider this important legislation.
I have strongly advocated that Romania should be one of the countries
invited to join NATO in the first round of expansion later this year.
H.R. 1758, the European Security Act, as it is now written, does not
call for the immediate admission of Romania. I would like to offer a
sense-of-the-Congress provision that urges the inclusion of Romania in
NATO when invitations are extended to other countries later this year.
Unfortunately, I will not even have the opportunity to raise this
important issue upon the floor when we consider this bill.
Mr. Chairman, I have been delighted and impressed with the progress
that the Government has made in moving Romania toward a Democratic
political system which recognizes and copes with ethnic diversity and
in moving Romania toward a market-oriented economic system. The
Romanians have worked to resolve differences with their neighbors, most
particularly with Hungary, with whom there have been longstanding
historical differences. The Romanian people clearly desire to be
admitted to membership in NATO, and I strongly believe that Romania
should be considered and accepted for NATO membership in the first
round of expansion.
The third reason for my opposition to this legislation, Mr. Speaker,
is that we are being asked today to begin immediate consideration of
these new bills: H.R. 1757 and H.R. 1758. Both of these bills were
introduced in the House only very late yesterday, after H.R. 1486 was,
in effect, rejected by the Rules Committee. We are told that the rule
for the consideration of H.R. 1757 is an ``open'' rule. Mr. Speaker,
the ``open'' portion of the rule applies to a bill that has been
available to Members only since late last night. None of us were aware
that a new bill was being offered in place of the bipartisan
legislation approved earlier by the International Relations Committee
until today, just a few hours before it is being brought up for
consideration. We have had so little time to review and examine this
bill, and to draft amendments to fit with the text of the new bill,
that the ``open rule'' is virtually meaningless. Two weeks ago, the
Rules Committee issued a call for amendments to the Foreign Relations
authorization legislation, which we were told would have to be printed
in the Record before they could be considered. Now we have a totally
new bill that is being considered under a supposedly ``open'' rule,
but, in fact, the limited time to review it provides no opportunity for
serious, thoughtful consideration of these important issues.
Mr. Chairman, the fourth reason I will oppose this legislation is the
highhanded way in which the Committee on Rules has altered, changed,
and inserted Chairman Gilman's language on the reorganization of
foreign affairs agencies. This is reform language that was not
considered by the International Relations Committee. It is language
that is inappropriate and premature, because the Department of State
and other foreign affairs agencies are now in the process of working
out the realignment of the structure of the agencies responsible for
the conduct of our Nation's foreign policy. The Gilman language is
opposed by the administration, and if it remains in the bill, this
legislation will be vetoed by the President.
The new bill also drops four budget-related provisions which were
included in the bipartisan legislation reported out by the
International Relations Committee. Another provision dropped from this
new bill was the so-called ``Lautenberg'' language regarding the
definition of refugee status. Again, this provision was included in the
bipartisan original legislation that was reported out of the
International Relations Committee.
In summary, Mr. Chairman, the rule we are considering today replaces
a bill that had been developed over a long period of time with a great
deal of consultation and compromise. It had bipartisan support in the
International Relations Committee and among the Members of this House
which had the support of the administration. Now, in place of this
bipartisan bill, we will now consider a partisan bill that has not had
any opportunity for thoughtful input or hearings and which has
virtually no chance of being signed by the President in anything like
the form in which it is now being considered by the House today.
Mr. Chairman, I originally intended to offer an amendment to H.R.
1486. In good faith, I submitted that amendment for publication in the
Record. I will not offer that amendment, Mr. Speaker, and I oppose
adoption of the rule, and I will oppose the adoption of the bill that
is being considered by the House today if, after the amendment process,
the bill is anywhere close to its present form.
Mr. Chairman, I strongly urge my colleagues to vote against this
unfortunate and unfair rule. I also urge my colleagues to vote against
H.R. 1757 and H.R. 1758 unless they are substantially amended. This is
not the way that the House of Representatives should exercise its
important role and responsibilities in the organization, structure and
conduct of U.S. foreign policy.
Mr. BILIRAKIS. Mr. Chairman, I rise today to express my support for a
provision in H.R. 1757, the Foreign Relations Authorization Act for
Fiscal Year 1997, which addresses my concerns about the Ecumenical
Patriarchate in Instanbul--Constantinople, Turkey. I want to thank
Chairman Ben Gilman for his assistance on this important matter.
The Ecumenical Patriarchate, founded in 38 AD, is the locale where
the New Testament was codified and where the Nicene Creed was first
written. Today, the Ecumenical Patriarchate is the spiritual center for
more than 300 million orthodox Christians worldwide but it is not given
the right to function properly as the headquarters of the Orthodox
Church.
In recent years, there have been successive terrorist attempts to
desecrate and destroy the premises of the Patriarchate. On September
30, 1996, a hand grenade was thrown into the headquarters of the
Patriarchate. The explosion damaged the Patriarchal Cathedral and blew
out the windows of the sleeping quarters. On May 28, 1994, three
powerful bombs were found and diffused by Turkish security forces, only
minutes before they were set to detonate. On March 30, 1994, two
firebombs were hurled into the Patriarchate. This is an issue of
religious freedom which is taken very seriously by all orthodox
Christians, including more than 5 million living in the United States.
Specifically, H.R. 1757 encourages the United States to use its
influence as a permanent member of the U.N. Security Council to suggest
that the Turkish Government should: One, recognize the Ecumenical
Patriarchate and its nonpolitical, religious mission; two, encourage
the continued maintenance of the institution's physical security needs,
as provided for under Turkish law and international law, including but
not limited to, the Treaty of Lausanne, the 1968 Protocol, the Helsinki
Final Act of 1975, and the Charter of Paris; three, encourage the
proper protection and safety of the Ecumenical Patriarchate personnel;
and four, reopen the Ecumenical Patriarchate's Halki Patriarchal School
of Theology.
The language in H.R. 1757 closely parallels House Concurrent
Resolution 6, legislation that I have introduced in the House. My bill
directs the United States to use its influence with the Turkish
Government to provide for the proper protection and continued
livelihood of the Patriarchate and all othodox faithful residing in
Turkey.
My legislation also requires the administration to report annually to
Congress on the progress of these efforts. In addition, it calls upon
the Turkish Government to do everything possible to find and punish the
perpetrators of any provocative and terrorist acts against the
Patriarchate. I am pleased that language regarding the protection and
continued livelihood of the Ecumenical Patriarchate, as well as
language calling for the reopening of the Halki Patriarchal School of
Theology, has been included in the bill.
It is imperative that people everywhere have the ability to freely
and without fear of threat or intimidation practice and express their
religious convictions. As a free and compassionate people, we cannot
allow acts of violence against the Orthodox Church. The provisions in
H.R. 1757 are an important first step in achieving the proper
protection of the Patriarchate. Again, I want to commend Chairman
Gilman for his efforts to protect the Patriarchate. I will continue to
work with him on this important issue as this legislation is considered
by the Congress.
[[Page H3298]]
The CHAIRMAN. All time has expired.
Pursuant to the rule, the bill shall be considered under the 5-minute
rule by title, and each title shall be considered as read.
The chairman of the Committee of the Whole may postpone until a time
during further consideration in the Committee of the Whole a request
for a recorded vote on any amendment, and may reduce to not less than 5
minutes the time for voting by electronic device on any postponed
question that immediately follows another vote by electronic device
without intervening business, provided that the time for voting by
electronic device on the first in any series of questions shall not be
less than 15 minutes.
The Clerk will designate section 1.
The text of section 1 is as follows:
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 ``Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999''.
The CHAIRMAN. Are there any amendments to section 1?
The Clerk will designate section 2.
The text of section 2 is as follows:
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into 2 divisions as
follows:
(1) Division A--Consolidation of foreign affairs agencies.
(2) Division B--State Department and Related Agencies
Authorization Act.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Congressional findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 201. Effective date.
Chapter 2--Abolition of United States Arms Control and Disarmament
Agency and Transfer of Functions
Sec. 211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 212. Transfer of functions to Secretary of State.
Sec. 213. Under Secretary for Arms Control and International Security.
Sec. 214. Assistant Secretary for Arms Transfer and Export Control
Policy; Assistant Secretary for Arms Control and
Nonproliferation.
Sec. 215. Repeal relating to Inspector General for United States Arms
Control and Disarmament Agency.
Chapter 3--Conforming Amendments
Sec. 221. References.
Sec. 222. Repeal of establishment of ACDA.
Sec. 223. Repeal of positions and offices.
Sec. 224. Authorities of Secretary of State.
Sec. 225. Conforming amendments.
TITLE III--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 301. Effective date.
Chapter 2--Abolition of United States Information Agency and Transfer
of Functions
Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions.
Sec. 313. Under Secretary of State for Public Diplomacy.
Sec. 314. Assistant Secretary for International Exchanges; Assistant
Secretary for International Information Programs.
Sec. 315. Abolition of office of Inspector General of United States
Information Agency and transfer of functions.
Chapter 3--Conforming Amendments
Sec. 321. References in law.
Sec. 322. Amendments to title 5, United States Code.
Sec. 323. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 324. Amendments to Mutual Educational and Cultural Exchange Act of
1961 (Fulbright-Hays Act).
Sec. 325. International broadcasting activities.
Sec. 326. Television broadcasting to Cuba.
Sec. 327. Radio broadcasting to Cuba.
Sec. 328. National Endowment for Democracy.
Sec. 329. United States Scholarship Program for Developing Countries.
Sec. 330. Fascell Fellowship Board.
Sec. 331. National Security Education Board.
Sec. 332. Center for Cultural and Technical Interchange Between North
and South.
Sec. 333. Center for Cultural and Technical Interchange Between East
and West.
Sec. 334. Mission of Department of State.
Sec. 335. Consolidation of administrative services.
Sec. 336. Grants.
Sec. 337. Ban on domestic activities.
Sec. 338. Conforming repeal to Arms Control and Disarmament Act.
Sec. 339. Repeal relating to procurement of legal services.
Sec. 340. Repeal relating to payment of subsistence expenses.
Sec. 341. Conforming amendment to SEED Act.
Sec. 342. International Cultural and Trade Center Commission.
Sec. 343. Other laws referenced in reorganization plan no. 2 of 1977.
Sec. 344. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 345. Edmund S. Muskie Fellowship Program.
Sec. 346. Implementation of Convention on Cultural Property.
Sec. 347. Mike Mansfield fellowships.
Sec. 348. United States Advisory Committee for Public Diplomacy.
TITLE IV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.
Chapter 1--General Provisions
Sec. 401. Effective date.
Chapter 2--Abolition of International Development Cooperation Agency
and Transfer of Functions
Sec. 411. Abolition of United States International Development
Cooperation Agency.
Sec. 412. Transfer of functions.
Chapter 3--Conforming Amendments
Sec. 421. References.
TITLE V--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 501. Effective date.
Chapter 2--Reorganization of Agency for International Development and
Transfer of Functions
Sec. 511. Reorganization of Agency for International Development.
TITLE VI--TRANSITION
Chapter 1--Reorganization Plan
Sec. 601. Reorganization plan.
Chapter 2--Reorganization Authority
Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Effect on personnel.
Sec. 615. Transition fund.
Sec. 616. Savings provisions.
Sec. 617. Property and facilities.
Sec. 618. Authority of Secretary of State to facilitate transition.
Sec. 619. Recommendations for additional conforming amendments.
Sec. 620. Final report.
Sec. 621. Transfer of function.
Sec. 622. Severability.
DIVISION B--STATE DEPARTMENT AND RELATED AGENCIES AUTHORIZATION ACT
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
Sec. 1101. Administration of foreign affairs.
Sec. 1102. International organizations, programs, and conferences.
Sec. 1103. International commissions.
Sec. 1104. Migration and refugee assistance.
Sec. 1105. Asia foundation.
Sec. 1106. United States informational, educational, and cultural
programs.
Sec. 1107. United States arms control and disarmament.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 1201. Revision of department of State rewards program.
Sec. 1202. Capital investment fund.
Sec. 1203. Reduction of reporting.
Sec. 1204. Contracting for local guards services overseas.
Sec. 1205. Preadjudication of claims.
Sec. 1206. Expenses relating to certain international claims and
proceedings.
Sec. 1207. Establishment of fee account and providing for passport
information services.
Sec. 1208. Establishment of machine readable fee account.
Sec. 1209. Retention of additional defense trade controls registration
fees.
Sec. 1210. Training.
Sec. 1211. Fee for use of diplomatic reception rooms.
Sec. 1212. Fees for commercial services.
Sec. 1213. Budget presentation documents.
Sec. 1214. Grants to overseas educational facilities.
Sec. 1215. Grants to remedy international child abductions.
Chapter 2--Consular Authorities of the Department of State
Sec. 1241. Use of certain passport processing fees for enhanced
passport services.
[[Page H3299]]
Sec. 1242. Consular officers.
Sec. 1243. Repeal of outdated consular receipt requirements.
Sec. 1244. Elimination of duplicate publication requirements.
Chapter 3--Refugees and Migration
Sec. 1261. Report to Congress concerning Cuban emigration policies.
Sec. 1262. Reprogramming of migration and refugee assistance funds.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 1301. Coordinator for counterterrorism.
Sec. 1302. Elimination of statutory establishment of certain positions
of the Department of State.
Sec. 1303. Establishment of Assistant Secretary of State for Human
Resources.
Sec. 1304. Establishment of Assistant Secretary of State for Diplomatic
Security.
Sec. 1305. Special Envoy for Tibet.
Sec. 1306. Responsibilities for bureau charged with refugee assistance.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec. 1321. Authorized strength of the Foreign Service.
Sec. 1322. Nonovertime differential pay.
Sec. 1323. Authority of Secretary to separate convicted felons from
service.
Sec. 1324. Career counseling.
Sec. 1325. Report concerning minorities and the foreign service.
Sec. 1326. Retirement benefits for involuntary separation.
Sec. 1327. Availability pay for certain criminal investigators within
the diplomatic security service.
Sec. 1328. Labor management relations.
Sec. 1329. Office of the Inspector General.
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
Sec. 1401. Extension of au pair programs.
Sec. 1402. Retention of interest.
Sec. 1403. Center for Cultural and Technical Interchange Between North
and South.
Sec. 1404. Use of selected program fees.
Sec. 1405. Muskie Fellowship Program.
Sec. 1406. Working group on United States Government sponsored
international exchanges and training.
Sec. 1407. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 1408. United States--Japan Commission.
Sec. 1409. Surrogate broadcasting studies.
Sec. 1410. Authority to administer summer travel/work programs.
Sec. 1411. Permanent administrative authorities regarding
appropriations.
Sec. 1412. Authorities of the broadcasting board of governors.
TITLE XV--INTERNATIONAL ORGANIZATIONS; UNITED NATIONS AND RELATED
AGENCIES
Chapter 1--General Provisions
Sec. 1501. Service in international organizations.
Sec. 1502. Organization of American States.
Chapter 2--United Nations and Related Agencies
Sec. 1521. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 1522. Reports on efforts to promote full equality at the United
Nations for Israel.
Sec. 1523. United Nations Population Fund.
Sec. 1524. Continued extension of privileges, exemptions, and
immunities of the International Organizations Immunities
Act to UNIDO.
TITLE XVI--ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 1601. Comprehensive compilation of arms control and disarmament
studies.
Sec. 1602. Use of funds.
TITLE XVII--FOREIGN POLICY PROVISIONS
Sec. 1701. United States policy regarding the involuntary return of
refugees.
Sec. 1702. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.
Sec. 1703. Reports on claims by United States firms against the
Government of Saudi Arabia.
Sec. 1704. Human rights reports.
Sec. 1705. Reports on determinations under title IV of the Libertad
Act.
Sec. 1706. Reports and policy concerning diplomatic immunity.
Sec. 1707. Congressional statement with respect to efficiency in the
conduct of foreign policy.
Sec. 1708. Congressional statement concerning Radio Free Europe/Radio
Liberty.
Sec. 1709. Programs or projects of the International Atomic Energy
Agency in Cuba.
Sec. 1710. United States policy with respect to Jerusalem as the
capital of Israel.
Sec. 1711. Report on compliance with the Hague Convention on
International Child Abduction.
Sec. 1712. Sense of Congress relating to recognition of the Ecumenical
Patriarchate by the Government of Turkey.
Sec. 1713. Return of Hong Kong to People's Republic of China.
Sec. 1714. Development of democracy in the Republic of Serbia.
Sec. 1715. Relations with Vietnam.
Sec. 1716. Statement concerning return of or compensation for wrongly
confiscated foreign properties.
The CHAIRMAN. Are there any amendments to section 2?
The Clerk will designate title I.
The text of title I is as follows:
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Foreign Affairs
Agencies Consolidation Act of 1997''.
SEC. 102. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) With the end of the Cold War, the international
challenges facing the United States have changed, but the
fundamental national interests of the United States have not.
The security, economic, and humanitarian interests of the
United States require continued United States engagement in
international affairs. The leading role of the United States
in world affairs will be as important in the twenty-first
century as it has been in the twentieth.
(2) The United States budget deficit requires that the
foreign as well as the domestic programs and activities of
the United States be carefully reviewed for potential
savings. Wherever possible, foreign programs and activities
must be streamlined, managed more efficiently, and adapted to
the requirements of the post-Cold War era.
(3) In order to downsize the foreign programs and
activities of the United States without jeopardizing United
States interests, strong and effective leadership will be
required. As the official principally responsible for the
conduct of foreign policy, the Secretary of State must have
the authority to allocate efficiently the resources within
the international affairs budget. As a first step in the
downsizing process, the proliferation of foreign affairs
agencies that occurred during the Cold War must be reversed,
and functions of these agencies must be restored to the
Secretary of State.
(4) A streamlined and reorganized foreign affairs structure
under the strengthened leadership of the Secretary of State
can more effectively promote the international interests of
the United States in the next century than the existing
structure.
(5) The new foreign affairs structure should be one that
will maintain the quality and integrity of the public
diplomacy and arms control functions now performed by the
United States Information Agency and the Arms Control and
Disarmament Agency.
SEC. 103. PURPOSES.
The purposes of this division are--
(1) to consolidate and reinvent the foreign affairs
agencies of the United States within the Department of State;
(2) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(3) to provide for the reorganization of the Department of
State to maximize the efficient use of resources, eliminate
redundancy in functions, effect budget savings, and improve
the management of the Department of State;
(4) to ensure that the United States maintains adequate
representation abroad within budgetary restraints;
(5) to ensure that programs critical to the promotion of
United States national interests be maintained;
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most
competent United States citizens serving in the United States
Government while downsizing significantly the total number of
people employed by such agencies;
(7) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
(8) to abolish the United States Arms Control and
Disarmament Agency, the United States Information Agency, the
United States International Development Cooperation Agency,
and consolidate the functions of these agencies into the
Department of State while preserving the quality and
integrity of these functions; and
(9) to consolidate some functions of the Agency for
International Development into the Department of State.
SEC. 104. DEFINITIONS.
The following terms have the following meanings for the
purposes of this division:
(1) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(2) The term ``AID'' means the Agency for International
Development.
[[Page H3300]]
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
The CHAIRMAN. Are there any amendments to title I?
Amendment Offered by Mr. Hamilton
Mr. HAMILTON. Mr. Chairman, I offer an amendment, and I ask unanimous
consent that I be permitted to offer the amendment at this point in the
bill.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
The CHAIRMAN. The Clerk will report the amendment.
The Clerk read as follows:
Amendment offered by Mr. Hamilton:
Strike Title I through Title VI of Division A and sections
1301 through 1306, 1321, and 1707 of Division B and insert
the following new title (and conform the table of contents
accordingly, and make other appropriate conforming
amendments).
TITLE I--REINVENTION OF THE FOREIGN AFFAIRS AGENCIES
SEC. 101. SHORT TITLE.
This Title may be cited as the ``Foreign Affairs Agencies
Reinvention Act of 1997''.
SEC. 102. REINVENTION OF THE FOREIGN AFFAIRS AGENCIES.
The Congress of the United States makes the following
findings:
(1) With the end of the Cold War, the international
challenges facing the United States have changed, but the
fundamental national interests of the United States have not.
The security, economic and humanitarian interests of the
United States require continued American engagement in
international affairs. The leading role of the United States
in world affairs will be as important in the twenty-first
century as it has been in the twentieth.
(2) In this context, the United States has an historic
opportunity to continue the reinvention of the agencies
primarily responsible for implementing the Nation's foreign
policies.
(3) The continuing reinvention of the foreign affairs
agencies, the Department of State, the Arms Control and
Disarmament Agency, the United States Information Agency, the
International Development and Cooperation Agency and the
United States Agency for International Development, must
ensure that these agencies can effectively confront the new
and pressing challenges of the post Cold War world.
(4) The reinvention of the foreign affairs agencies
recognizes the fact that arms control and nonproliferation,
sustainable development, and public diplomacy are now more
central than ever to the success of United States foreign
policy. Any integration of these agencies should preserve the
unique skills and capabilities of each of the agencies in a
reinvented Department of State.
(5) A streamlined, reorganized and more flexible foreign
affairs structure under the strengthened leadership of the
Secretary of State can more effectively promote the
international interests of the United States and enhance the
United States' ability to meet the growing foreign policy
challenges during the next century.
SEC. 103. PURPOSES.
The purposes of this title are--
(1) to provide for the reinvention of the Department of
State to enable it better to incorporate additional functions
and agencies, manage new responsibilities, and make the
Department more effective and efficient and better able to
defend American interests and promote American values abroad;
(2) to integrate certain agencies and certain functions of
other agencies of the Untied States into the reinvented
Department of State; and
(3) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy.
SEC. 104. DEFINITIONS.
For the purpose of this title--
(1) ``agency'' means the Department of State, the Arms
Control and Disarmament Agency, the United States Information
Agency, the International Development Cooperation Agency, and
the Agency for International Development;
(2) ``reorganization'' means integration, transfer,
consolidation, coordination, authorization, or abolition,
referred to in section 1805 of this title; and
(3) ``officer'' is not limited by section 2104 of Title 5
of the United States Code.
SEC. 105. REORGANIZATION PLAN FOR REINVENTING THE FOREIGN
AFFAIRS AGENCIES
(a) No later than 120 days after the enactment of this Act,
the President shall submit to the Congress a reorganization
plan for the foreign affairs agencies specifying the
reorganization of the Department of State, the Arms Control
and Disarmament Agency, the United States Information Agency,
the International Development and Cooperation Agency, and the
Agency for International Development. Such plan may provide
for--
(1) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, to the
jurisdiction and control of the Department of State;
(2) the abolition of all or a part of the functions of an
agency, except that no enforcement function or statutory
program shall be abolished by the plan;
(3) the consolidation or coordination of the whole or a
part of an agency, or the whole or a part of the functions
thereof, with the whole or a part of another agency or the
functions thereof;
(4) the consolidation or coordination of a part of an
agency or the functions thereof with another part of the same
agency or the functions thereof;
(5) the authorization of an officer to delegate any of the
officer's functions; or
(6) the abolition of the whole or a part of an agency which
agency or part does not have or on the taking effect of the
plan will not have, any functions.
(b) Such plan shall provide that--
(1) with respect to the Department of State, the Department
shall undertake a new round of internal reinvention to
incorporate new organizations and to manage new
responsibilities;
(2) with respect to the Arms Control and Disarmament
Agency--
(A) within one year of the effective date of the
reorganization plan for the foreign affairs agencies, the
Arms Control and Disarmament Agency shall be fully integrated
with the Department of State by merging both agencies'
related arms control and nonproliferation functions;
(B) the positions of the Director of the Arms Control and
Disarmament Agency and the Under Secretary of State for Arms
Control and International Security Affairs shall be merged as
the Under Secretary/Senior Advisor to the President and the
Secretary of State, which will be able to communicate with
the President through the Secretary of State;
(C) the Arms Control and Disarmament Agency's unique
advocacy role shall be preserved and the policy process
supporting those efforts will be strengthened through
additional interagency responsibilities; and
(D) along with the Arms Control and Disarmament Agency's
technical and policy expertise, its verification, compliance,
and legal functions shall be preserved;
(3) with respect to the Untied States Information Agency--
(A) within two years from the effective date of the
reorganization plan for the foreign affairs agencies, the
United States Information Agency and the Department of State
shall be integrated;
(B) a new Under Secretary for Public Diplomacy shall be
established; and
(C) the distinctiveness and editorial integrity of the
broadcast entities shall be respected; and
(4) with respect to the United States Agency for
International Development--
(A) the Agency shall remain a distinct agency, but shall
share certain administrative functions with the Department of
State and report to and be under the direct authority and
foreign policy guidance of the Secretary of State;
(B) within two years from the effective date of the
reorganization plan for the foreign affairs agencies, its
press office and certain administrative functions shall be
integrated with the Department of State; and
(C) the International Development Cooperation Agency shall
be abolished.
(c) Submission of Reorganization Plan.--The President shall
have the reorganization plan for the foreign affairs agencies
delivered to both Houses on the same day and to each House
while it is in session. If either House is out of session at
the end of the 120 days after the enactment of this Act, the
plan shall be submitted to the first day thereafter when both
Houses are in session. The President's message shall include
an implementation section which shall (1) describe in detail
(A) the actions necessary or planned to complete the
reorganization, (B) the anticipated nature and substance of
any orders, directives, and other administrative and
operational actions which are expected to be required for
completing or implementing the reorganization, and (C) any
preliminary actions which have been taken in the
implementation process, and (2) contain a projected timetable
for completion of the implementation process. The President
shall also submit such further background or other
information as the Congress may require for its consideration
of the plan.
(d) Any time during the period of 60 calendar days after
the date on which the plan is transmitted to it, but before
any joint resolution described in section 1809 has been
ordered reported in either House, the President may make
amendments or modifications to the plan, consistent with
sections 1805-1807 of this title, which modifications or
revisions shall thereafter be treated as a part of the
reorganization plan originally transmitted
[[Page H3301]]
and shall not affect in any way the time limits otherwise
provided for in this title.
SEC. 106. ADDITIONAL CONTENTS OF REORGANIZATION PLAN.
A reorganization plan for the foreign affairs agencies
transmitted by the President under section 1805 of this
title--
(1) may provide for the appointment and pay of one or more
officers of any agency, including the appointment of
additional Under Secretaries and Assistant Secretaries (not
to exceed the number, respectively of officers authorized at
Executive Levels III and IV of the transferring agencies), if
the President finds, and in his message transmitting the plan
declares, that by reason of a reorganization made by the plan
the provisions are necessary;
(2) shall provide for the transfer or other disposition of
the records, property and personnel affected by a
reorganization;
(3) shall provide for the transfer of such unexpended
balances of appropriations, and of other funds, available for
use in connection with a function or agency affected by
reorganization, as the President considers necessary by
reason of the reorganization for use in connection with the
functions affected by the reorganization, or for the use of
the agency which shall have the functions after the
reorganization plan is effective;
(4) shall provide for terminating the affairs of an agency
abolished;
(5) may provide that the provisions of law applicable to a
transferring agency remain applicable only to transferred
functions of that agency; and
(6) shall designate which provisions of law requiring the
establishment of specified positions are no longer effective.
If the reorganization plan for the foreign affairs agencies
transmitted by the President contains provisions required by
paragraph (3) of this section, such plan shall provide for
the transfer of unexpended balances only if such balances are
used for the purposes for which the appropriation was
originally made or for the purpose of reorganization.
SEC. 107. LIMITATION ON POWERS.
The reorganization plan for the foreign affairs agencies
submitted under this title may not provide for, and a
reorganization under this title may not have the effect of--
(1) creating a new executive department or renaming an
existing executive department, or abolishing or transferring
an executive department or all the functions thereof;
(2) authorizing an agency to exercise a function which is
not expressly authorized by law at the time the plan is
transmitted to Congress; or
(3) creating a new agency which is not a component or part
of an existing agency.
SEC. 108. REFERRAL OF PLAN AND JURISDICTION OVER RESOLUTIONS.
The reorganization plan for the foreign affairs agencies
submitted pursuant to this title and any resolution with
respect to such plan shall be referred to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House (and all joint
resolutions with respect to such plan shall be referred to
the same committee) by the President of the Senate or the
Speaker of the House of Representatives, as the case may be.
SEC. 109. EFFECTIVE DATE, DISAPPROVAL AND PUBLICATION OF
REORGANIZATION PLAN FOR THE FOREIGN AFFAIRS
AGENCIES.
(a) Except as provided under subsection (b) of this
section, a reorganization plan shall be effective upon such
date as the President shall determine to be appropriate and
announce by notice published in the Federal Register, which
date may be not earlier than 120 calendar days after the
President has submitted the reorganization plan for the
foreign affairs agencies, and such plan shall become
effective then only if the Congress does not enact prior to
that date a joint resolution disapproving of the plan.
(b) Introduction and Referral.--
(1) In general.--Any legislative recommendation referred to
in subsection (a) shall be considered in the House of
Representatives and Senate under this subsection. Any such
recommendation submitted to Congress shall be introduced by
the majority leader (or the leader's designee) in each House
(by request and not later than 3 days after the date of
receipt by Congress of the recommendation) as a bill.
(2) Referral.--That bill shall be referred on the date of
introduction to the appropriate committee (or committees) in
accordance with rules of the respective House.
(3) Discharge deadline.--If any committee to which the bill
is referred does not report the bill by the end of the 10-day
period beginning on the date the bill was referred to the
committee, the committee shall be automatically discharged
from further consideration of the bill as of the end of such
period.
(4) Floor consideration.--
(A) House of representatives.--For the purpose of
expediting consideration and passage of a measure reported or
discharged under this subsection, it shall be in order for
the Committee on Rules of the House of Representatives to
report a privileged resolution providing for the
consideration of the bill. Any such resolution, if it makes
in order any amendments to the bill, shall make in order an
amendment consisting of the legislative recommendation.
(B) Senate.--Any joint resolution disapproving the
reorganization plan for the foreign affairs agencies shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(5) No recommittal.--It shall not be in order to move to
recommit the bill.
(6) Final passage.--A vote on final passage of the bill
shall be taken in a House not later than the end of the 10-
day period beginning on the date on which the motion to
proceed to its consideration in that House has been approved.
(7) Special rules.--If the House of Representatives
approves a bill and the Senate approves a bill the text of
which is identical to the text of the bill approved by the
House of Representatives, the Senate is deemed to have
approved the bill approved by the House of Representatives,
effective on the later of--
(A) the date of approval of a bill in the Senate, or
(B) the date the Senate receives a message from the House
of Representatives announcing that the House has passed the
bill.
(8) Not including certain days.--Days on which a House of
Congress is not in session because of an adjournment of more
than 3 days shall be excluded in the computation of any
number of days in a period under this subsection with respect
to that House.
(c) Under provisions contained in a reorganization plan for
the foreign affairs agencies, any provision thereof may be
effective at a time later than the date on which the plan
otherwise is effective.
(d) A reorganization plan for the foreign affairs agencies
which is effective shall be printed (1) in the Statutes at
Large in the same volume as the public laws and (2) in the
Federal Register.
SEC. 110. EFFECT ON OTHER LAWS AND PENDING LEGAL PROCEEDINGS.
(a) A statute enacted, and a regulation or other action
made, prescribed, issued, granted, or performed in respect of
or by an agency or function affected by a reorganization
under this chapter, before the effective date of the
reorganization, has, except to the extent rescinded,
modified, superseded, or made inapplicable by or under
authority of law or by the abolition of a function, or
otherwise by operation of the reorganization plan for the
foreign affairs agencies under this title, the same effect as
if the reorganization had not been made. However, if the
statute, regulation, or other action has vested the functions
in the agency from which it is removed under the
reorganization plan, the function to the extent to which it
is to be exercised after the plan becomes effective, shall be
deemed as vested in the agency under which the function is
placed by the plan.
(b) For the purpose of subsection (a) of this section,
``regulation or other action'' means a regulation, rule,
order, policy, determination, directive, authorization,
permit, privilege, requirement, designation, or other action.
(c) A suit, action, or other proceeding lawfully commenced
by or against the head of an agency or other officer of the
United States, in his official capacity or in relation to the
discharge of his official duties, does not abate by reason of
the taking effect or a reorganization plan under this title.
On motion or supplemental petition filed at any time within
twelve months after the reorganization plan takes effect,
showing a necessity for a survival of the suit, action or
other proceeding to obtain a settlement of the questions
involved, the court may allow the suit, action, or other
proceeding to be maintained by or against the successor of
the head or officer under the reorganization effected by the
plan, or if there is no successor, against such agency or
officer as the President designates.
Mr. HAMILTON (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
Mr. HAMILTON. Mr. Chairman, the President announced in April that he
intended to consolidate several foreign affairs agencies, and his
statement on the topic anticipated that the administration would take
120 days to develop and introduce a reorganization and consolidation
plan, and the legislative authorities to carry out that plan.
I understand the administration has a variety of task forces now in
operation. I believe the President is entitled to and is in the best
position to organize the executive branch as he sees fit. He has
already indicated that he is going to put USIA and ACTA into the State
Department, and have AID report to the Secretary of State, so that is
really not at issue here at any point.
I think our job in the Congress is to give the President some
flexibility as to how he organizes his own executive branch, and not to
micromanage the process, and then our job is to focus on results rather
than on structure. Let us give the President the opportunity to present
his reorganization plan, and if we are not satisfied with it in some
respect, then I think it is appropriate for the Congress to act. In
that way I think we retain and respect the powers of both the executive
branch and the Congress.
[[Page H3302]]
The problem with the underlying bill is the reorganization proposal
is never considered by the committee. I am very much aware that
Chairman Gilman views his reorganization proposals as reflecting the
President's announcement. I also believe, however, that that is not how
the President's advisers view the language.
I believe the underlying language in this bill takes a very extreme
micromanagement approach, and allows the Congress to dictate to the
President how he should organize the agencies that implement U.S.
foreign policy. I believe it is the President's prerogative to decide
how to arrange his agencies to implement that policy.
My amendment takes a very different approach. It mandates that the
President provide and implement a reorganization plan within a specific
time frame. It gives him the authority he needs to accomplish that
task. My amendment will require the President to submit his plan within
120 days after the bill becomes law. He must submit a reorganization
plan that would provide an outline of how and which agencies, offices,
and functions will be reorganized; that ACTA and USIA and parts of AID
would be integrated into the State Department, pursuant to the
President's announcement, and that the merged agency's unique role in
foreign policy would be preserved.
My amendment then provides that the Congress would have at least 120
days to consider the plan, suggest changes, and finally vote against it
under expedited procedures if it does not fit the bill. What my
amendment does not do is it does not mandate particular positions. It
does not play favorites among agencies and offices. It does not tie the
President's hands in finding the most effective way to protect the
United States' national interest and to protect costs. It does not try
to guess, without adequate information, how to change current law and
micromanage what are essentially administrative solutions.
I think the underlying bill really does hinder the reorganization
process. I know that is not the intent of the chairman, the gentleman
from New York [Mr. Gilman], but I do believe that is the effect of his
language. So Mr. Chairman, I urge support for my amendment as a
preferable option to the reorganization promoted in the underlying
bill.
Mr. GILMAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, it is surprising that we are once again debating the
question of reorganizing the foreign affairs structure of our
Government and abolishing agencies that have outlived their usefulness.
{time} 1530
Permit me to review the history of this reorganization issue. Two
years ago we brought before this Chamber a bill entitled H.R. 1561, to
abolish the Arms Control and Disarmament Agency, the U.S. Information
Agency, and the Agency for International Development. Not a single
amendment was offered to the reorganization provisions of that bill.
That bill passed this House. It was modified in the conference
committee to mandate abolition of only one of those agencies, and
subsequently the House passed the conference report.
However, Mr. Chairman, the President vetoed H.R. 1561, objecting to
the abolition of any of these agencies. It was not just that he
objected to the way we abolished these agencies; he stated in his veto
message that he did not want to abolish them at all. The President
stated, and I quote from his veto message of April 16, 1996, ``the bill
proceeds in an improvident fashion, mandating the abolition of at least
one of three important foreign affairs agencies, even though each
agency has a distinct and important mission that warrants a separate
existence.''
Now, Mr. Chairman, 1 year later the President has appeared to have
changed his mind. On April 18 of this year, he seemed to embrace the
very idea he vetoed 1 year before. According to the administration's
press releases, under the President's proposal, two of the agencies
that we had sought to abolish previously in H.R. 1561 were now to be
abolished. Under that proposal there was to be a 120-day planning
period. No later than 1 year after the conclusion of that planning
period, the Arms Control and Disarmament Agency was to be abolished and
merged into the State Department. And no later than 2 years after the
conclusion of that planning board, the U.S. Information Agency was to
be abolished and merged into the State Department.
Also, part of the Agency for International Development was to be
merged into the State Department after 2 years.
Mr. Chairman, I will include the White House and State Department
press releases on the President's proposals in the Record at the
appropriate point.
Mr. Chairman, I thought this was a pretty good proposal. It closely
tracked what we had tried to do in H.R. 1561. So I reduce the
President's proposal to legislative language, and it is before us
today. It is division A of this bill. And my language has been endorsed
by the experts. I have a letter signed by Colin Powell, Henry
Kissinger, James Baker, Lawrence Eagleburger, George Shultz, Alexander
Haig, and Brent Scowcroft endorsing our approach to reorganization.
The administration says they do not like my language. They say they
need more flexibility to reorganize than my language allows. They would
prefer a different approach, the approach that our distinguished
colleague, the gentleman from Indiana [Mr. Hamilton], has offered as a
substitute for my language.
So, what is this flexibility that the administration says it needs,
and what does the Hamilton amendment actually say? One thing the
Hamilton amendment does not say is that any agencies are to be
abolished. The word abolished does not appear anywhere in his
amendment. All that the Hamilton amendment states is that the President
is to submit a plan providing for the integration of the Arms Control
Agency and USIA into the State Department.
So the Hamilton amendment does make it possible to move the agencies
wholesale under the State Department umbrella without abolishing
anything at all.
The second thing that the Hamilton amendment does not do is to set a
final date by which reorganization must occur. The Hamilton amendment
says that the first agency is to be abolished 1 year after the plan's
effective date. But his amendment does not specify that date. The
President sets the date and he can set it whenever he wants. He can set
it next year or 10 years from now. In fact, according to what I read,
he does not have to set it at all. He can do nothing and the
reorganization plan would never take effect.
The CHAIRMAN. The time of the gentleman from New York [Mr. Gilman]
has expired.
(By unanimous consent, Mr. Gilman was allowed to proceed for 1
additional minute.)
Mr. GILMAN. Mr. Chairman, the third problem with the Hamilton
amendment is that it provides no protection at all for vital functions
of the agencies that are to be abolished. For example, international
public diplomacy which is carried out by USIA is extremely important.
We spend a lot of money to support it. We do not want it to be abused.
We do not want all the resources of the USIA to be redirected to
bombard the American people with propaganda in support of the
administration or any administration's foreign policy, and we do not
want to spend U.S. taxpayer's money churning out propaganda to
influence U.S. public opinion.
My reorganization language contains protection for the integrity of
public diplomacy. We preserve the broadcasting board of governors to
make certain that the Voice of America and Radio Free Europe and Radio
Marti are not turned into mouthpieces for whoever happens to be running
U.S. foreign policy. The Hamilton amendment, I submit, contains no such
protections.
In closing, the bottom line on the Hamilton amendment is this: Do we
want real reorganization of the foreign agencies or do we want
reorganization? Let us hold the President to his word and insist on
real reorganization and vote down the Hamilton amendment.
Mr. HAMILTON. Mr. Chairman, I ask unanimous consent to strike the
requisite number of words.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
[[Page H3303]]
Mr. HAMILTON. Mr. Chairman, let me say in response to the comments of
the gentleman from New York [Mr. Gilman] that I do not think really
here at issue is whether or not certain agencies are going to be
abolished. The President has already said that he is going to
incorporate two of these agencies into the State Department. We really
are arguing about words here. The President uses the word incorporate.
The chairman wants to use the word abolish. We can use either word, it
seems to me; the result is the same. We are not going to have a USIA.
We are not going to have an ACDA. They are going to be subsumed in the
Department of State, and AID, too, is going to go through radical
change.
Second, I think there is a very tight time frame in the Hamilton
amendment. We require the President to submit to Congress in 120 days
his bill for reorganization, and then the Congress has 120 days after
that to act. So I think we are on a very tight time frame, and we are
on a time frame which is consistent with what the President has
indicated that he is going to do.
At the end of the day here, the important point is this. My proposal
will mean that, if it is adopted, we have an opportunity for this bill
to become law. If the Gilman language stays in the bill because the
President objects to it, we are spinning our wheels. It is not going to
become law.
So if Members want a law with respect to reorganization that protects
the President's prerogatives, protects the prerogatives of the U.S.
Congress, then the Hamilton language is preferable. If Members want to
make rhetorical remarks about abolishing these agencies and get that
language in here, then we are going to make a political point but we
are not going to have a law because the administration is not going to
accept it.
If we are really serious about reorganization, we are going to have
to cooperate with the President of the United States. The President of
the United States says through his top advisors that the Gilman
language is unacceptable. Do we want reorganization or do we not? The
Republicans, the majority cannot dictate reorganization, and they will
defeat reorganization if they insist upon the language of the Gilman
amendment. That is what this comes down to in the end. If Members want
reorganization, they have to deal with the President. He is the
President and he has said that the Gilman language, or his advisors
have said the Gilman language is unacceptable.
Mr. GILMAN. Mr. Chairman, I ask unanimous consent to strike the
requisite number of words.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
Mr. GILMAN. Mr. Chairman, I would like to submit to the distinguished
minority member of our committee that our staff has been trying to work
with the administration to try to work out the kind of flexibility that
the President has been requesting, but we have found it very difficult
because we have been essentially stonewalled on what we have been
trying to do. That is, to come to terms on a proposition that would be
workable. We want to do essentially both what the administration and
our committee wants to do, what the President is suggesting, but when
we try to get to terms on how we are going to do it, we have found it
has been extremely difficult. We intend to continue to try to work with
the administration right through to conference on this measure,
providing it gets through the House and through the Senate. I want to
assure my colleagues that we will try our best to try to find an
agreeable method of meeting the administration's objections.
Mr. SMITH of New Jersey. Mr. Chairman, will the gentleman yield?
Mr. GILMAN. I yield to the gentleman from New Jersey.
Mr. SMITH of New Jersey. Mr. Chairman, I just want to echo my
statement earlier during general debate that I do think that Division A
is a very responsible attempt to try to reform our State Department. As
a matter of fact, I chair the subcommittee that oversees this. We have
held hearings. We have looked at it very closely. My concern is that,
if we wait for the President to come up with something and we basically
surrender all of our prerogatives to the executive branch, then they
come back and then--like the base closings legislation, the BRACC--we
have an ability to overturn it; but the chances are slim to none that
that will happen, for a variety of reasons.
Here we have a responsible piece of legislation that tries. Glitches,
if there are any, can be worked out in conference. It is a work in
progress. But, for example, it protects the freedom broadcasting
capabilities of USIA at the same time that it introduces economies of
scale which will eliminate some duplication.
I come to this somewhat reluctantly. Last Congress I felt that--
especially concerning USIA, but with ACDA as well--perhaps
consolidation was not the right course to take. But now, upon
reflection and looking at an ever-shrinking pie in terms of the amount
of money that is available, this seems to be a very responsible move. I
hope, with all due respect to my good friend from Indiana, that Members
will vote down his amendment and go with the underlying bill.
Mr. GILMAN. Mr. Chairman, I thank the gentleman from New Jersey [Mr.
Smith] for his supportive arguments.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana [Mr. Hamilton].
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. HAMILTON. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 159, further proceedings
on the amendment offered by the gentleman from Indiana [Mr. Hamilton]
will be postponed.
The CHAIRMAN. Are there further amendments to title I?
If not, the Clerk will designate title II.
The text of title II is as follows:
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) August 17, 1998; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 601.
CHAPTER 2--ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY AND TRANSFER OF FUNCTIONS
SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY.
The United States Arms Control and Disarmament Agency is
abolished.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all
functions of the Director of the United States Arms Control
and Disarmament Agency and all functions of the United States
Arms Control and Disarmament Agency and any office or
component of such agency under any statute, reorganization
plan, Executive order, or other provision of law as of the
day before the effective date of this title, except as
otherwise provided in this division.
SEC. 213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL
SECURITY.
(a) Establishment of Under Secretary for Arms Control and
International Security.--Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended in
subsection (b)--
(1) by striking ``There'' and inserting the following:
``(1) In general.--There''; and
(2) by adding at the end the following:
``(2) Under secretary for arms control and international
security.--There shall be in the Department of State, among
the Under Secretaries authorized by paragraph (1), an Under
Secretary for Arms Control and International Security who
shall assist the Secretary and the Deputy Secretary in
matters related to arms control and international security
policy.''.
(b) Participation in Meetings of National Security
Council.--Section 101 of the National Security Act of 1947
(50 U.S.C. 402) is amended by adding at the end the
following new subsection:
``(i) The Under Secretary for Arms Control and
International Security may, in the role of advisor to the
National Security Council on arms control and disarmament
matters, and subject to the direction of the President,
attend and participate in meetings of the National Security
Council.''.
SEC. 214. ASSISTANT SECRETARY FOR ARMS TRANSFER AND EXPORT
CONTROL POLICY; ASSISTANT SECRETARY FOR ARMS
CONTROL AND NONPROLIFERATION.
Section 1(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(c)) is amended by adding at the end
the following new paragraphs:
[[Page H3304]]
``(3) Assistant secretary of state for arms transfer and
export control policy.--There shall be in the Department of
State an Assistant Secretary for Arms Transfer and Export
Control Policy who shall report to the Under Secretary for
Arms Control and International Security.
``(4) Assistant secretary of state for arms control and
nonproliferation.--There shall be in the Department of State
an Assistant Secretary for Arms Control and Nonproliferation
who shall report to the Under Secretary for Arms Control and
International Security.''.
SEC. 215. REPEAL RELATING TO INSPECTOR GENERAL FOR UNITED
STATES ARMS CONTROL AND DISARMAMENT AGENCY.
Section 50 of the Arms Control and Disarmament Act (22
U.S.C. 2593a), relating to the ACDA Inspector General, is
repealed.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 221. REFERENCES.
Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director of the United States Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency, shall be
deemed to refer to the Secretary of State; and
(2) the United States Arms Control and Disarmament Agency
shall be deemed to refer to the Department of State.
SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA.
Section 21 of the Arms Control and Disarmament Act (22
U.S.C. 2561; relating to the establishment of ACDA) is
repealed.
SEC. 223. REPEAL OF POSITIONS AND OFFICES.
The following sections of the Arms Control and Disarmament
Act are repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the Director).
(2) Section 23 (22 U.S.C. 2563; relating to the Deputy
Director).
(3) Section 24 (22 U.S.C. 2564; relating to Assistant
Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bureaus,
offices, and divisions).
SEC. 224. AUTHORITIES OF SECRETARY OF STATE.
(a) In General.--(1) Except as provided in paragraph (2),
the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.)
is amended by striking ``Agency'' and ``Director'' each place
it appears and inserting ``Department'' and ``Secretary'',
respectively.
(2) No amendment shall be made under paragraph (1) to
references to the On-Site Inspection Agency or to the
Director of Central Intelligence.
(b) Purpose.--Section 2 of such Act (22 U.S.C. 2551) is
amended--
(1) by striking the second, fourth, fifth, and sixth
sentences; and
(2) in the seventh sentence--
(A) by striking ``It'' and all that follows through
``State,'' and inserting ``The Department of State shall have
the authority''; and
(B) by striking ``primary''.
(c) Definitions.--Section 3 of such Act (22 U.S.C. 2552) is
amended by striking paragraph (c) and inserting the
following:
``(c) The term `Department' means the Department of State.
``(d) The term `Secretary' means the Secretary of State.''.
(d) Scientific and Policy Advisory Committee.--Section
26(b) of such Act (22 U.S.C. 2566(b)) is amended by striking
``, the Secretary of State, and the Director'' and inserting
``and the Secretary of State''.
(e) Presidential Special Representatives.--Section 27 of
such Act (22 U.S.C. 2567) is amended by striking ``, acting
through the Director''.
(f) Program for Visiting Scholars.--Section 28 of such Act
(22 U.S.C. 2568) is amended--
(1) in the second sentence, by striking ``Agency's
activities'' and inserting ``Department's arms control,
nonproliferation, and disarmament activities''; and
(2) in the fourth sentence, by striking ``, and all former
Directors of the Agency''.
(g) Policy Formulation.--Section 33(a) of such Act (22
U.S.C. 2573(a)) is amended by striking ``shall prepare for
the President, the Secretary of State,'' and inserting
``shall prepare for the President''.
(h) Negotiation Management.--Section 34 of such Act (22
U.S.C. 2574) is amended--
(1) in subsection (a), by striking ``the President and the
Secretary of State'' and inserting ``the President''; and
(2) by striking subsection (b).
(i) Verification of Compliance.--Section 37(d) of such Act
(22 U.S.C. 2577(d)) is amended by striking ``Director's
designee'' and inserting ``Secretary's designee''.
(j) General Authority.--Section 41 of such Act (22 U.S.C.
2581) is repealed.
(k) Security Requirements.--Section 45 of such Act (22
U.S.C. 2585) is amended--
(1) by striking subsections (a), (b), and (d); and
(2) by striking ``(c)'' before ``The Atomic Energy
Commission''.
(l) Use of Funds.--Section 48 of such Act (22 U.S.C. 2588)
is repealed.
(m) Annual Report.--Section 51(a) of such Act (22 U.S.C.
2593a(a)) is amended by striking ``the Secretary of State,''.
(n) Requirement for Authorization of Appropriations.--
Section 53 of such Act (22 U.S.C. 2593c) is repealed.
(o) On-Site Inspection Agency.--Section 61 of such Act (22
U.S.C. 2595) is amended--
(1) in paragraph (1), by striking ``United States Arms
Control and Disarmament Agency is'' and inserting
``Department of State and the Department of Defense are
respectively''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.
SEC. 225. CONFORMING AMENDMENTS.
(a) Arms Export Control Act.--The Arms Export Control Act
is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament
Agency in consultation with the Secretary of State and'' and
inserting ``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency, taking
into account the Director's'' and inserting ``Secretary of
State, taking into account the Secretary's''; and
(B) in the second sentence, by striking ``The Director of
the Arms Control and Disarmament Agency is authorized,
whenever the Director'' and inserting ``The Secretary of
State is authorized, whenever the Secretary'';
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(ii) in the second sentence, by striking ``Director of the
Arms Control and Disarmament Agency is authorized,
whenever the Director'' and inserting ``Secretary of State
is authorized, whenever the Secretary'';
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``,
the Director of the Arms Control and Disarmament Agency,''
and inserting ``Secretary of State'';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
``Director of the United States Arms Control and Disarmament
Agency'' and inserting ``Secretary of State'';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking ``Director of the United States Arms
Control and Disarmament Agency'' and inserting ``Secretary of
State''; and
(B) by striking ``or the Director'';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking
``Director of the United States Arms Control and Disarmament
Agency,'' and inserting ``Secretary of State''; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``,
the Secretary of Commerce, and the Director of the United
States Arms Control and Disarmament Agency'' and inserting
``and the Secretary of Commerce''.
(b) United States Institute of Peace Act.--Section 1706(b)
of the United States Institute of Peace Act (22 U.S.C.
4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) Atomic Energy Act of 1954.--The Atomic Energy Act of
1954 is amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms Control
and Disarmament Agency,''; and
(B) in the second sentence, by striking ``the Director of
the Arms Control and Disarmament Agency,''; and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph (9))--
(i) by striking ``and in consultation with the Director of
the Arms Control and Disarmament Agency (`the Director')'';
and
(ii) by striking ``and the Director'' and inserting ``and
the Secretary of Defense'';
(B) in subsection d., in the first proviso, by striking
``Director of the Arms Control and Disarmament Agency'' and
inserting ``Secretary of Defense''; and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and Disarmament
Agency,''.
(d) Nuclear Non-Proliferation Act of 1978.--The Nuclear
Non-Proliferation Act of 1978 is amended--
(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State,
and the Director of the Arms Control and Disarmament Agency''
and inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code.--Title 5, United States
Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'';
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'';
(3) in section 5315--
(A) by striking ``Assistant Directors, United States Arms
Control and Disarmament Agency (4).''; and
(B) by striking ``Special Representatives of the President
for arms control, nonproliferation, and disarmament matters,
United States Arms Control and Disarmament Agency'', and
inserting ``Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State''; and
[[Page H3305]]
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
The CHAIRMAN. Are there amendments to title II?
The Clerk will designate title III.
The text of title III is as follows:
TITLE III--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) August 17, 1999; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in
section 601.
CHAPTER 2--ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER
OF FUNCTIONS
SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.
The United States Information Agency is abolished.
SEC. 312. TRANSFER OF FUNCTIONS.
(a) Transfer to Secretary of State.--There are transferred
to the Secretary of State all functions of the Director of
the United States Information Agency and all functions of the
United States Information Agency and any office or component
of such agency under any statute, reorganization plan,
Executive order, or other provision of law as of the day
before the effective date of this title, except as otherwise
provided in this division.
(b) Preserving the Independence of International
Broadcasting.--The Broadcasting Board of Governors and the
Director of the International Broadcasting Bureau shall
continue to have the responsibilities set forth in title III
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 6201 et seq.), except that, as further
set forth in chapter 3 of this title, references in that Act
to the United States Information Agency shall be deemed to
refer to the Department of State, and references to the
Director of the United States Information Agency shall be
deemed to refer to the Under Secretary of the State for
Public Diplomacy.
SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.
Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(b)) is amended--
(1) by inserting ``(1)'' before ``There''; and
(2) by adding at the end the following new paragraph:
``(2) Under secretary for public diplomacy.--There shall be
in the Department of State, among the Under Secretaries
authorized by paragraph (1), an Under Secretary for Public
Diplomacy who shall have responsibility to assist the
Secretary and the Deputy Secretary in the supervision and
implementation of United States public diplomacy policies,
personnel, and activities, including international
educational and cultural exchange programs, information, and
international broadcasting. The Under Secretary for Public
Diplomacy shall be responsible for ensuring as provided in
501 of the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1461) and section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 1461-1a), and except as expressly exempted in those
Acts, that no program material produced under authority of
the United States Information and Exchange Act of 1948 shall
be disseminated within the United States and that no funds
authorized to be appropriated for public diplomacy activities
shall be used to influence public opinion in the United
States.''.
SEC. 314. ASSISTANT SECRETARY FOR INTERNATIONAL EXCHANGES;
ASSISTANT SECRETARY FOR INTERNATIONAL
INFORMATION PROGRAMS.
Section 1(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(c)), as amended by this Act, is
further amended by adding at the end the following new
paragraphs:
``(5) Assistant secretary of state for international
exchanges.--There shall be in the Department of State an
Assistant Secretary for International Exchanges who shall
report to the Under Secretary for Public Diplomacy.
``(6) Assistant secretary of state for international
information programs.--There shall be in the Department of
State an Assistant Secretary for International Information
Programs who shall report to the Under Secretary for Public
Diplomacy.''
SEC. 315. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED
STATES INFORMATION AGENCY AND TRANSFER OF
FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General
of the United States Information Agency is abolished.
(b) Amendments to Inspector General Act of 1978.--Section
11 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (1), by striking ``, the Office of
Personnel Management or the United States Information
Agency'' and inserting ``or the Office of Personnel
Management''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and
(j) of section 308 of Public Law 103-236 are amended by
striking ``Inspector General of the United States Information
Agency'' each place it appears and inserting ``Inspector
General for the Department of State''.
(e) Transfer of Functions.--There are transferred to the
Office of the Inspector General of the Department of State
the functions that the Office of Inspector General of the
United States Information Agency exercised before the
effective date of this title (including all related functions
of the Inspector General of the United States Information
Agency).
(f) Transfer and Allocations of Appropriations and
Personnel.--The Director of the Office of Management and
Budget, in consultation with the Secretary of State, is
authorized to make such incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 321. REFERENCES IN LAW.
Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall
be deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer
to the Department of State.
SEC. 322. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315, by striking ``Deputy Director of the
United States Information Agency.''; and
(3) in section 5316, by striking ``Deputy Director, Policy
and Plans, United States Information Agency.'' and striking
``Associate Director (Policy and Plans), United States
Information Agency.''.
SEC. 323. AMENDMENTS TO UNITED STATES INFORMATION AND
EDUCATIONAL EXCHANGE ACT OF 1948.
(a) References in Section.--Except as specifically provided
in this section, whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision,
the reference shall be deemed to be made to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1431 et seq.).
(b) In General.--Except as otherwise provided in this
section, the Act (other than section 604 and subsections (a)
and (c) of section 701) is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(3) by striking ``Director'' each place it appears and
inserting ``Secretary of State'';
(4) by striking ``USIA'' each place it appears and
inserting ``Department of State''; and
(5) by striking ``Agency'' each place it appears and
inserting ``Department of State''.
(c) Satellite and Television Broadcasts.--Section 505 (22
U.S.C. 1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the three places it appears and inserting
``Secretary of State'';
(2) in subsection (b), by striking ``To be effective, the
United States Information Agency'' and inserting ``To be
effective in carrying out this subsection, the Department of
State'';
(3) by striking ``USIA-TV'' each place it appears and
inserting ``DEPARTMENT OF STATE-TV''; and
(4) by striking subsection (e).
(d) Nondiscretionary Personnel Costs and Currency
Fluctuations.--Section 704 (22 U.S.C. 1477b) is amended--
(1) in subsection (b), by inserting after ``authorized by
law'' the following: ``in connection with carrying out the
informational and educational exchange functions of the
Department''; and
(2) in subsection (c), by striking ``United States
Information Agency'' each place it appears and inserting
``Department of State in carrying out the informational and
educational exchange functions of the Department''.
(e) Reprogramming Notifications.--Section 705 (22 U.S.C.
1477c) is amended by striking ``United States Information
Agency'' each place it appears and inserting ``Department of
State in carrying out its informational and educational
exchange functions''.
(f) Authorities of the Secretary.--Section 801(3) (22
U.S.C. 1471(3)) is amended by striking all ``if the
sufficiency'' and all that follows and inserting ``if the
Secretary determines that title to such real property or
interests is sufficient;''.
(g) Repeal of the USIA Seal.--Section 807 (22 U.S.C. 1475b)
is repealed.
(h) Acting Associate Directors.--Section 808 (22 U.S.C.
1475c) is repealed.
[[Page H3306]]
(i) Debt Collection.--Section 811 (22 U.S.C. 1475f) is
amended by inserting ``informational and educational
exchange'' before ``activities'' each place it appears.
(j) Overseas Posts.--Section 812 (22 U.S.C. 1475g) is
amended by striking ``United States Information Agency post''
each place it appears and inserting ``informational and
educational exchange post of the Department of State''.
(k) Definition.--Section 4 (22 U.S.C. 1433) is amended by
adding at the end the following:
``(4) `informational and educational exchange functions',
with respect to the Department of State, refers to functions
exercised by the United States Information Agency before the
effective date of title III of the Foreign Affairs Agencies
Consolidation Act of 1997.''.
SEC. 324. AMENDMENTS TO MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACT OF 1961 (FULBRIGHT-HAYS ACT).
(a) References in Section.--Except as specifically provided
in this section, whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision,
the reference shall be deemed to be made to the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451
et seq.).
(b) In General.--The Act (22 U.S.C. 2451 et seq.) is
amended by striking ``Director of the International
Communication Agency'' each place it appears and inserting
``Secretary of State''.
(c) Program Authorities.--(1) Section 102(a) (22 U.S.C.
2452(a)) is amended by striking ``President'' each place it
appears and inserting ``Secretary of State''.
(2) Section 102(b) (22 U.S.C. 2452(b)) is amended by
striking ``President'' and inserting ``Secretary of State
(except, in the case of paragraphs (6) and (10), the
President)''.
(d) International Agreements.--Section 103 (22 U.S.C. 2453)
is amended by striking ``President'' each place it appears
and inserting ``Secretary of State''.
(e) Personnel Benefits.--Section 104(d) (22 U.S.C. 2454(d))
is amended by striking ``President'' each place it appears
and inserting ``Secretary of State''.
(f) Foreign Student Counseling.--Section 104(e)(3) (22
U.S.C. 2454(e)(3)) is amended by striking ``President'' and
inserting ``Secretary of State''.
(g) Publicity and Promotion Overseas.--Section 104(e)(4)
(22 U.S.C. 2454(e)(4)) is amended by striking ``President''
and inserting ``Secretary of State''.
(h) Use of Funds.--Section 105(e) (22 U.S.C. 2455(e)) is
amended by striking ``President'' each place it appears and
inserting ``Secretary of State''.
(i) Repeal of Authority for Abolished Advisory Committee.--
Section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2456(c)) is repealed.
(j) Bureau of Educational and Cultural Affairs.--
(1) In general.--Section 112 (22 U.S.C. 2460) is amended--
(A) in subsection (a) by striking the first sentence; and
(B) by striking ``Bureau'' each place it appears and
inserting ``Department of State''.
(2) Implementation of programs.--Section 112(c) (22 U.S.C.
2460(c)) is amended by striking ``President'' each place it
appears and inserting ``Secretary of State''.
SEC. 325. INTERNATIONAL BROADCASTING ACTIVITIES.
(a) In General.--(1) Except as otherwise provided in
paragraph (2), title III of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended--
(A) by striking ``Director of the United States Information
Agency'' or ``Director'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy'';
(B) by striking all references to ``United States
Information Agency'' that were not stricken in subparagraph
(A) and inserting ``Department of State'';
(C) in section 305(a)(1), by inserting ``(including
activities of the Voice of America previously carried out by
the United States Information Agency)'' after ``this title'';
(D) in section 305(b), by striking ``Agency's'' each place
it appears and inserting ``Department's''; and
(E) by striking ``Bureau'' each place it appears and
inserting ``Office''.
(2) Title III of such Act is amended--
(A) in section 304(c)--
(i) by striking ``Director's'' and inserting ``Under
Secretary's''; and
(ii) in the fifth sentence, by striking ``Director of the
United States Information Agency, the acting Director of the
agency'' and inserting ``Under Secretary of State for Public
Diplomacy, the acting Under Secretary'';
(B) in sections 305(b) and 307(b)(1), by striking
``Director of the Bureau'' each place it appears and
inserting ``Director of the Office''; and
(C) in section 310(d), by striking ``Director on the date
of enactment of this Act, to the extent that the Director''
and inserting ``Under Secretary on the effective date of
title III of the Foreign Affairs Agencies Consolidation Act
of 1996, to the extent that the Under Secretary''.
(b) Conforming Amendment to Title 5.--Section 5315 of title
5, United States Code, is amended by striking ``Director of
the International Broadcasting Bureau, the United States
Information Agency'' and inserting ``Director of the
International Broadcasting Office, the Department of State''.
SEC. 326. TELEVISION BROADCASTING TO CUBA.
(a) Authority.--Section 243(a) of the Television
Broadcasting to Cuba Act (as contained in part D of title II
of Public Law 101-246) (22 U.S.C. 1465bb(a)) is amended by
striking ``United States Information Agency (hereafter in
this part referred to as the `Agency')'' and inserting
``Department of State (hereafter in this title referred to as
the `Department')''.
(b) Television Marti Service.--Section 244 of such Act (22
U.S.C. 1465cc) is amended--
(1) in subsection (a)--
(A) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Television Marti Service.''; and
(B) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Agency facilities'' and inserting
``Department facilities''; and
(C) by striking ``United States Information Agency
Television Service'' and inserting ``Department of State
Television Service''; and
(3) in subsection (c)--
(A) by striking ``USIA Authority.--The Agency'' and
inserting ``Secretary of State Authority.--The Secretary of
State''; and
(B) by striking ``Agency'' the second place it appears and
inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 246
of such Act (22 U.S.C. 1465dd) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(2) by striking ``the Agency'' and inserting ``the
Department''.
(d) Authorization of Appropriations.--Section 247(a) of
such Act (22 U.S.C. 1465ee(a)) is repealed.
SEC. 327. RADIO BROADCASTING TO CUBA.
(a) Functions of the Department of State.--Section 3 of the
Radio Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended--
(1) in the section heading, by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in subsection (a), by striking ``United States
Information Agency (hereafter in this Act referred to as the
`Agency')'' and inserting ``Department of State (hereafter in
this Act referred to as the `Department')'';
(3) by striking subsection (d); and
(4) in subsection (f), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of
State''.
(b) Cuba Service.--Section 4 of such Act (22 U.S.C. 1465b)
is amended--
(1) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Cuba Service (hereafter in this section referred
to as the `Service').''; and
(2) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State''.
(c) Assistance From Other Government Agencies.--Section 6
of such Act (22 U.S.C. 1465d) is amended--
(1) in subsection (a)--
(A) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(B) by striking ``the Agency'' and inserting ``the
Department''; and
(2) in subsection (b)--
(A) by striking ``The Agency'' and inserting ``The
Department''; and
(B) by striking ``the Agency'' and inserting ``the
Secretary of State''.
(d) Facility Compensation.--Section 7 of such Act (22
U.S.C. 1465e) is amended--
(1) in subsection (b), by striking ``the Agency'' and
inserting ``the Department''; and
(2) in subsection (d), by striking ``Agency'' and inserting
``Department''.
(e) Authorization of Appropriations.--Section 8 of such Act
(22 U.S.C. 1465f) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The amount obligated by the Department of State each
fiscal year to carry out this Act shall be sufficient to
maintain broadcasts to Cuba under this Act at rates no less
than the fiscal year 1985 level of obligations by the former
United States Information Agency for such broadcasts.''; and
(2) by redesignating subsection (c) as subsection (b).
SEC. 328. NATIONAL ENDOWMENT FOR DEMOCRACY.
(a) Grants.--Section 503 of Public Law 98-164, as amended
(22 U.S.C. 4412) is amended--
(1) in subsection (a)--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State'';
(B) by striking ``the Agency'' and inserting ``the
Department of State''; and
(C) by striking ``the Director'' and inserting ``the
Secretary of State''; and
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Audits.--Section 504(g) of such Act (22 U.S.C. 4413(g))
is amended by striking ``United States Information Agency''
and inserting ``Department of State''.
[[Page H3307]]
(c) Freedom of Information.--Section 506 of such Act (22
U.S.C. 4415) is amended--
(1) in subsection (b)--
(A) by striking ``Director'' each of the three places it
appears and inserting ``Secretary''; and
(B) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Director'' each of the three places it
appears and inserting ``Secretary'';
(C) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(D) by striking ``United States Information Agency'' and
inserting ``Department of State''.
SEC. 329. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING
COUNTRIES.
(a) Program Authority.--Section 603 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 4703) is amended by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Guidelines.--Section 604(11) of such Act (22 U.S.C.
4704(11)) is amended by striking ``United States Information
Agency'' and inserting ``Department of State''.
(c) Policy Regarding Other International Educational
Programs.--Section 606(b) of such Act (22 U.S.C. 4706(b)) is
amended--
(1) in the subsection heading, by striking ``USIA'' and
inserting ``State Department''; and
(2) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(d) General Authorities.--Section 609(e) of such Act (22
U.S.C. 4709(e)) is amended by striking ``United States
Information Agency'' and inserting ``Department of State''.
SEC. 330. FASCELL FELLOWSHIP BOARD.
Section 1003(b) of the Fascell Fellowship Act (22 U.S.C.
4902(b)) is amended--
(1) in the text above paragraph (1), by striking ``9
members'' and inserting ``8 members'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
SEC. 331. NATIONAL SECURITY EDUCATION BOARD.
Section 803 of the Intelligence Authorization Act, Fiscal
Year 1992 (50 U.S.C. 1903(b)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6); and
(2) in subsection (c), by striking ``subsection (b)(7)''
and inserting ``subsection (b)(6)''.
SEC. 332. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.
Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is amended by
striking ``Director of the United States Information Agency''
each place it appears and inserting ``Secretary of State''.
SEC. 333. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN EAST AND WEST.
(a) Duties.--Section 703 of the Mutual Security Act of 1960
(22 U.S.C. 2055) is amended--
(1) in the text above paragraph (1), by striking ``Director
of the United States Information Agency'' (hereinafter
referred to as the `Director')'' and inserting ``Secretary of
State (hereinafter referred to as the `Secretary')''; and
(2) in paragraph (1), by striking ``establishment and''.
(b) Administration.--Section 704 of such Act (22 U.S.C.
2056) is amended--
(1) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.
SEC. 334. MISSION OF DEPARTMENT OF STATE.
Section 202 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 1461-1) is amended--
(1) in the first sentence, by striking ``mission of the
United States Information Agency'' and inserting ``mission of
the Department of State in carrying out its information,
educational, and cultural functions'';
(2) in the second sentence, in the text above paragraph
(1), by striking ``United States Information Agency'' and
inserting ``Department of State'';
(3) in paragraph (1)(B), by striking ``Agency'' and
inserting ``Department''; and
(4) in paragraph (5), by striking ``mission of the Agency''
and inserting ``mission described in this section''.
SEC. 335. CONSOLIDATION OF ADMINISTRATIVE SERVICES.
Section 23(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2695(a)) is amended--
(1) by striking ``(including'' and all that follows through
``Agency)''; and
(2) by striking ``other such agencies'' and inserting
``other Federal agencies''.
SEC. 336. GRANTS.
Section 212 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) in subsection (a), by striking ``United States
Information Agency'' and inserting ``Department of State, in
carrying out its international information, educational, and
cultural functions,'';
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``United States
Information Agency shall substantially comply with United
States Information Agency'' and inserting ``Department of
State, in carrying out its international information,
educational, and cultural functions, shall substantially
comply with Department of State''; and
(B) in paragraph (2), by striking ``United States
Information Agency'' and inserting ``Department of State'';
and
(C) in paragraphs (2) and (3), by striking ``Agency'' each
of the two places it appears and inserting ``Department'';
and
(4) by striking subsection (d).
SEC. 337. BAN ON DOMESTIC ACTIVITIES.
Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended--
(1) by striking out ``United States Information Agency''
each of the two places it appears and inserting ``Department
of State''; and
(2) by inserting ``in carrying out international
information, educational, and cultural activities comparable
to those previously administered by the United States
Information Agency'' before ``shall be distributed''.
SEC. 338. CONFORMING REPEAL TO ARMS CONTROL AND DISARMAMENT
ACT.
Section 34(b) of the Arms Control and Disarmament Act (22
U.S.C. 2574(b)) is repealed.
SEC. 339. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.
Section 26(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2698(b)) is repealed.
SEC. 340. REPEAL RELATING TO PAYMENT OF SUBSISTENCE EXPENSES.
Section 32 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2704) is amended by striking the second
sentence.
SEC. 341. CONFORMING AMENDMENT TO SEED ACT.
Section 2(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401(c)) is amended in
paragraph (17) by striking ``United States Information
Agency'' and inserting ``Department of State''.
SEC. 342. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.
Section 7(c)(1) of the Federal Triangle Development Act (40
U.S.C. 1106(c)(1)) is amended--
(1) in the text above subparagraph (A), by striking ``15
members'' and inserting ``14 members'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively.
SEC. 343. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO. 2
OF 1977.
(a) Immigration and Nationality Act.--(1) Section
101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)) is amended by striking ``Director of
the United States Information Agency'' and inserting
``Secretary of State''.
(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is
amended--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(B) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Arts and Artifacts Indemnity Act.--Section 3(a) of the
Arts and Artifacts Indemnity Act (20 U.S.C. 972(a)) is
amended by striking out ``Director of the United States
Information Agency'' and inserting in lieu thereof
``Secretary of State''.
(c) National Foundation on the Arts and the Humanities Act
of 1965.--Section 9(b) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended
by striking out ``a member designated by the Director of the
United States Information Agency,'' and inserting in lieu
thereof ``a member designated by the Secretary of State,''.
(d) Woodrow Wilson Memorial Act of 1968.--Section 3(b) of
the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking out
``19 members'' and inserting in lieu thereof ``18 members'';
(2) by striking out paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(e) Public Law 95-86.--Title V of the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies
Appropriations Act, 1978 (Public Law 95-86) is amended in the
third proviso of the paragraph ``salaries and expenses''
under the heading ``United States Information Agency'' (22
U.S.C. 1461b) by striking out ``the United States Information
Agency is authorized,'' and inserting in lieu thereof ``the
Secretary of State may,''.
(f) Act of July 9, 1949.--The Act of July 9, 1949 (63 Stat.
408; chapter 301; 22 U.S.C. 2681 et seq.) is repealed.
[[Page H3308]]
SEC. 344. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM
TOTALITARIANISM TO DEMOCRACY.
Section 602 of the National and Community Service Act of
1990 (22 U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting
``Department of State''; and
(2) in subsection (b)--
(A) by striking ``appropriations account of the United
States Information Agency'' and inserting ``appropriate
appropriations account of the Department of State''; and
(B) by striking ``and the United States Information
Agency''.
SEC. 345. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
and
(2) by striking subsection (d).
SEC. 346. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.
Title III of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601 et seq.) is amended by
striking ``Director of the United States Information Agency''
each place it appears and inserting ``Secretary of State''.
SEC. 347. MIKE MANSFIELD FELLOWSHIPS.
Part C of title II of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et seq.) is
amended--
(1) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State''; and
(2) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State''.
SEC. 348. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC
DIPLOMACY.
Section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469) is
amended--
(1) in subsection (c)(1)--
(A) by striking ``the Director of the United States
Information Agency,''; and
(B) by striking ``Director or the Agency, and shall
appraise the effectiveness of policies and programs of the
Agency'' and inserting ``Secretary of State or the Department
of State, and shall appraise the effectiveness of the
information, educational, and cultural policies and programs
of the Department'';
(2) in subsection (c)(2), in the first sentence--
(A) by striking ``the Secretary of State, and the Director
of the United States Information Agency'' and inserting ``,
and the Secretary of State'';
(B) by striking ``Agency'' the first place it appears and
inserting ``Department of State''; and
(C) by striking ``Director for effectuating the purposes of
the Agency'' and inserting ``Secretary for effectuating the
information, educational, and cultural functions of the
Department'';
(3) in subsection (c)(3), by striking ``programs conducted
by the Agency'' and inserting ``information, educational, and
cultural programs conducted by the Department of State''; and
(4) in subsection (c)(4), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State''.
The CHAIRMAN. Are there amendments to title III?
The Clerk will designate title IV.
The text of title IV is as follows:
TITLE IV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) August 17, 1998; or
(2) the date of abolition of the United States
International Development Cooperation Agency pursuant to the
reorganization plan described in section 601.
CHAPTER 2--ABOLITION OF INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
AND TRANSFER OF FUNCTIONS
SEC. 411. ABOLITION OF UNITED STATES INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY.
(a) In General.--The United States International
Development Cooperation Agency is abolished.
(b) OPIC.--Subsection (a) shall not be interpreted to apply
to the Overseas Private Investment Corporation.
SEC. 412. TRANSFER OF FUNCTIONS.
There are transferred to the Secretary of State all
functions of the Director of the United States International
Development Cooperation Agency and all functions of the
United States International Development Cooperation Agency
(other than the functions with respect to the Overseas
Private Investment Corporation) and any office or component
of such agencies under any statute, reorganization plan,
Executive order, or other provision of law before the
effective date of this title, except as otherwise provided in
this division.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 421. REFERENCES.
Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director or any other officer or employee of the
United States International Development Cooperation Agency
(IDCA) shall be deemed to refer to the Secretary of State; or
(2) the United States International Development Cooperation
Agency (IDCA) shall be deemed to refer to the Department of
State.
The CHAIRMAN. Are there amendments to title IV?
The Clerk will designate title V.
The text of title V is as follows:
TITLE V--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect on the earlier of--
(1) August 17, 1999; or
(2) the date of reorganization of the Agency for
International Development pursuant to the reorganization plan
described in section 601.
CHAPTER 2--REORGANIZATION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS
SEC. 511. REORGANIZATION OF AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) In General.--The Agency for International Development
shall be reorganized in accordance with this division and the
reorganization plan transmitted pursuant to section 601.
(b) Functions To Be Transferred.--The reorganization of the
Agency for International Development shall provide, at a
minimum, for the transfer to and consolidation with the
Department of State of the following functions of the agency:
(1) Non-specialized procurement.
(2) Travel and transportation.
(3) Facilities management.
(4) Security operations.
(5) Press affairs.
The CHAIRMAN. Are there amendments to title V?
The Clerk will designate title VI.
The text of title VI is as follows:
TITLE VI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN
SEC. 601. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than August 17, 1997, or
the date of the enactment of this Act, whichever occurs
later, the President shall, in consultation with the
Secretary and the heads of the agencies under subsection (b),
transmit to the appropriate congressional committees a
reorganization plan providing for--
(1) with respect to the United States Arms Control and
Disarmament Agency, the United States Information Agency, and
the United States International Development Cooperation
Agency, the abolition of each agency in accordance with this
division;
(2) with respect to the Agency for International
Development, the consolidation and streamlining of the agency
and the transfer of certain functions of the agency to the
Department in accordance with this division;
(3) the termination of functions of each agency that would
be redundant if transferred to the Department, and the
separation from service of employees of each such agency or
of the Department not otherwise provided for in the plan;
(4) the transfer to the Department of the functions and
personnel of each agency consistent with the provisions of
this division; and
(5) the consolidation, reorganization, and streamlining of
the Department upon the transfer of such functions and
personnel in order to carry out such functions.
(b) Covered Agencies.--The agencies under this subsection
are the following:
(A) The United States Arms Control and Disarmament Agency.
(B) The United States Information Agency.
(C) The United States International Development Cooperation
Agency.
(D) The Agency for International Development.
(c) Plan Elements.--The plan transmitted under subsection
(a) shall--
(1) identify the functions of each agency that will be
transferred to the Department under the plan;
(2) identify the personnel and positions of each agency
(including civil service personnel, Foreign Service
personnel, and detailees) that will be transferred to the
Department, separated from service with such agency, or
eliminated under the plan, and set forth a schedule for such
transfers, separations, and terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service
personnel, and detailees) that will be transferred within the
Department, separated from service with the Department, or
eliminated under the plan, and set forth a schedule for such
transfers, separations, and terminations;
(4) specify the consolidations and reorganization of
functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to each agency that will be
transferred to the Department as a result of the transfer of
functions of such agency to the Department;
[[Page H3309]]
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the
transfer of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of each such agency in connection with the
transfer of the functions of the agency to the Department.
(d) Reorganization Plan of Agency for International
Development.--In addition to applicable provisions of
subsection (c), the reorganization plan transmitted under
this section for the Agency for International Development --
(1) shall provide for the transfer to and consolidation
within the Department of the functions of the agency set
forth in section 511; and
(2) may provide for additional consolidation,
reorganization, and streamlining of the agency, including--
(A) the termination of functions and reductions in
personnel of the agency;
(B) the transfer of functions of the agency (including
personnel operations other than personnel management,
financial operations, and legal affairs), and the personnel
associated with such functions, to the Department; and
(C) the consolidation, reorganization, and streamlining of
the Department upon the transfer of such functions and
personnel in order to carry out the functions transferred.
(e) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise the plan transmitted under
subsection (a).
(f) Effective Date.--(1) The reorganization plan described
in this section, including any modifications or revisions of
the plan under subsection (e), shall become effective on the
earlier of--
(A)(i) August 17, 1998 with respect to the Arms Control and
Disarmament Agency and the United States International
Development Cooperation Agency; and
(ii) August 17, 1999, with respect to the United States
Information Agency and the Agency for International
Development, or
(B) such date as the President shall determine to be
appropriate and announce by notice published in the Federal
Register, which date may be not earlier than 60 calendar days
(excluding any day on which either House of Congress is not
in session because of an adjournment sine die or because of
an adjournment of more than 3 days to a day certain) after
the President has transmitted the reorganization plan to the
appropriate congressional committees pursuant to subsection
(a).
(2) Paragraph (1) shall apply notwithstanding section
905(b) of title 5, United States Code.
CHAPTER 2--REORGANIZATION AUTHORITY
SEC. 611. REORGANIZATION AUTHORITY.
(a) In General.--The Secretary is authorized, subject to
the requirements of this division, to allocate or reallocate
any function transferred to the Department under any title of
this division among the officers of the Department, and to
establish, consolidate, alter, or discontinue such
organizational entities within the Department as may be
necessary or appropriate to carry out any reorganization
under this division, but the authority of the Secretary under
this section does not extend to--
(1) the abolition of organizational entities or officers
established by this Act or any other Act; or
(2) the alteration of the delegation of functions to any
specific organizational entity or officer required by this
Act or any other Act.
(b) Requirements and Limitations on Reorganization Plan.--
The reorganization plan under section 601 may not have the
effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by
law for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(3) authorizing an agency to exercise a function which is
not authorized by law at the time the plan is transmitted to
Congress;
(4) creating a new agency which is not a component or part
of an existing executive department or independent agency; or
(5) increasing the term of an office beyond that provided
by law for the office.
SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND
PERSONNEL.
(a) In General.--Except as otherwise provided in this Act,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from,
available to, or to be made available in connection with
the functions and offices, or portions thereof transferred
by any title of this division, subject to section 1531 of
title 31, United States Code, shall be transferred to the
Secretary for appropriate allocation.
(b) Limitation on Use of Transferred Funds.--Unexpended and
unobligated funds transferred pursuant to any title of this
division shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(c) Authorized Strength of the Foreign Service.--When an
agency is abolished under this division, the limitations for
fiscal years 1998 and 1999 under section 1321 of this Act on
the members of the Foreign Service authorized to be employed
by such agency shall be added to the limitations under such
section which apply to the Department.
SEC. 613. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized to make such
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out the provisions of any title of this
division. The Director of the Office of Management and
Budget, in consultation with the Secretary, shall provide for
the termination of the affairs of all entities terminated by
this division and for such further measures and dispositions
as may be necessary to effectuate the purposes of any title
of this division.
SEC. 614. EFFECT ON PERSONNEL.
(a) Executive Schedule Positions.--Except as otherwise
provided in this division, any person who, on the day
preceding the date of the abolition of an agency the
functions of which are transferred under any title of this
division, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5,
United States Code, and who, without a break in service, is
appointed in the Department to a position having duties
comparable to the duties performed immediately preceding such
appointment shall continue to be compensated in such new
position at not less than the rate provided for such previous
position, for the duration of the service of such person in
such new position.
(b) Treatment of Appointed Positions.--(1) Positions whose
incumbents are appointed by the President, by and with the
advice and consent of the Senate, the functions of which are
transferred by any title of this division, shall terminate on
the effective date of that title.
(2) An individual holding an office immediately prior to
the abolition or transfer of the office by a title of this
division--
(A) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(B) who performs duties substantially similar to the duties
of an office proposed to be created under the reorganization
plan submitted under section 601,
may, in the discretion of the Secretary, assume the duties of
such new office, and shall not be required to be reappointed
by reason of the abolition or transfer of the individual's
previous office.
(c) Excepted Service.--(1) Subject to paragraph (2), in the
case of employees occupying positions in the excepted service
or the Senior Executive Service, any appointment authority
established pursuant to law or regulations of the Office of
Personnel Management for filling such positions shall be
transferred.
(2) The Department may decline a transfer of authority
under paragraph (1) (and the employees appointed pursuant
thereto) to the extent that such authority relates to
positions excepted from the competitive service because of
their confidential, policy-making, policy-determining, or
policy-advocating character, and noncareer positions in the
Senior Executive Service (within the meaning of section
3132(a)(7) of title 5, United States Code).
(d) Employee Benefit Programs.--(1) Any employee accepting
employment with the Department as a result of a transfer
pursuant to any title of this division may retain for 1 year
after the date such transfer occurs membership in any
employee benefit program of the former agency, including
insurance, to which such employee belongs on the date of the
enactment of this Act if--
(A) the employee does not elect to give up the benefit or
membership in the program; and
(B) the benefit or program is continued by the Secretary.
(2) The difference in the costs between the benefits which
would have been provided by such agency or entity and those
provided by this section shall be paid by the Secretary. If
any employee elects to give up membership in a health
insurance program or the health insurance program is not
continued by the Secretary, the employee shall be permitted
to select an alternate Federal health insurance program
within 30 days of such election or notice, without regard to
any other regularly scheduled open season.
(e) Senior Executive Service.--Any employee in the career
Senior Executive Service who is transferred pursuant to any
title of this division shall be placed in a position at the
Department which is comparable to the position the employee
held in the agency.
(f) Assignments.--(1) Transferring employees shall be
provided reasonable notice of new positions and assignments
prior to their transfer pursuant to any title of this
division.
(2) Foreign Service personnel transferred to the Department
pursuant to any title of this division shall be eligible for
any assignment open to Foreign Service personnel within the
Department for which such transferred personnel are
qualified.
(g) Treatment of Personnel Employed in Terminated
Functions.--The provisions of this subsection shall apply
with respect to officers and employees in the competitive
service, or employed under an established merit system in the
excepted service, whose
[[Page H3310]]
employment is terminated as a result of the abolition of the
agency or the reorganization and consolidation of functions
of the Department under any title of this division:
(1) Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the
executive branch may appoint in the competitive service any
person who is certified by the head of the former agency as
having served satisfactorily in the competitive service in
the former agency and who passes such examination as the
Office of Personnel Management may prescribe. Any person so
appointed shall, upon completion of the prescribed
probationary period, acquire a competitive status.
(2) The head of any agency in the executive branch having
an established merit system in the excepted service may
appoint in such service any person who is certified by the
head of the former agency as having served satisfactorily in
the former agency and who passes such examination as the head
of such agency in the executive branch may prescribe.
(3) Any appointment under this subsection shall be made
within a period of one year after completion of the
appointee's service.
(4) Any law, Executive order, or regulation which would
disqualify an applicant for appointment in the competitive
service or in the excepted service concerned shall also
disqualify an applicant for appointment under this
subsection.
(5) Any rights or benefits created by this subsection are
in addition to rights and benefits otherwise provided by law.
SEC. 615. TRANSITION FUND.
(a) Establishment.--There is hereby established on the
books of the Treasury an account to be known as the ``Foreign
Affairs Reorganization Transition Fund''.
(b) Purpose.--The purpose of the account is to provide
funds for the orderly transfer of functions and personnel to
the Department as a result of the implementation of this
division and for payment of other costs associated with the
consolidation of foreign affairs agencies under this
division.
(c) Deposits.--
(1) In general.--Subject to paragraphs (2) and (3), there
shall be deposited into the account the following:
(A) Funds appropriated to the account.
(B) Funds transferred to the account by the Secretary from
funds that are transferred to the Secretary by the head of an
agency under subsection (d).
(C) Funds transferred to the account by the Secretary from
funds that are transferred to the Department together with
the transfer of functions to the Department under this
division and that are not required by the Secretary in order
to carry out the functions.
(D) Funds transferred to the account by the Secretary from
any unobligated funds that are appropriated or otherwise made
available to the Department.
(2) Limitation on transfer of certain department funds.--
The Secretary may transfer funds to the account under
subparagraph (C) of paragraph (1) only if the Secretary
determines that the amount of funds deposited in the account
pursuant to subparagraphs (A) and (B) of that paragraph is
inadequate to pay the costs of carrying out this division.
(3) Limitation on transfer of unobligated funds of
department.--The Secretary may transfer funds to the account
under subparagraph (D) of paragraph (1) only if the Secretary
determines that the amount of funds deposited in the account
pursuant to subparagraphs (A), (B), and (C) of that paragraph
is inadequate to pay the costs of carrying out this division.
(d) Transfer of Funds to Secretary.--The head of an agency
abolished under this division shall transfer to the Secretary
the amount, if any, of the unobligated funds appropriated or
otherwise made available to the agency for functions of the
agency that are abolished under this division which funds are
not required to carry out the functions of the agency as a
result of the abolishment of the functions under this
division.
(e) Use of Funds.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), the Secretary shall use sums in
the account for payment of the costs of carrying out this
division, including costs relating to the consolidation of
functions of the Department and the termination of employees
of the Department.
(2) Limitation on use of funds.--
(A) Except as provided in subparagraph (B), the Secretary
may not use sums in the account for payment of the costs
described in paragraph (1) unless the appropriate
congressional committees are notified 15 days in advance of
such use in accordance with procedures applicable to
reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(B) Exception.--Subparagraph (A) does not apply to the
following uses of sums in the account:
(i) For payment of the cost of any severance payments
required to be paid by the Secretary to employees of the
Department, but only if the cost of such payments is less
than $10,000,000.
(ii) For transfer to the head of an agency to be abolished
under this division for payment of the cost of any severance
payments required to be paid to employees of the agency, but
only if the total amount transferred with respect to the
agency is less than $40,000,000.
(iii) For payment of the cost of any improvements of the
information management systems of the Department that are
carried out as a result of the abolishment of agencies under
this division, but only if the cost of such improvements is
less than $15,000,000.
(iv) For payment of the cost of the physical relocation of
fixtures, materials, and other resources from an agency to be
abolished under this division to the Department or of such
relocation within the Department, but only if the cost of
such relocation is less than $10,000,000.
(3) Availability without fiscal year limitation.--Funds in
the account shall be available for the payment of costs under
paragraph (1) without fiscal year limitation.
(f) Treatment of Unobligated Balances.--
(1) In general.--Subject to paragraph (2), unobligated
funds, if any, which remain in the account after the payment
of the costs described in subsection (e)(1) shall be
transferred to the Department and shall be available to the
Secretary for purposes of carrying out the functions of the
Department.
(2) Notification.--The Secretary may not transfer funds in
the account to the Department under paragraph (1) unless the
appropriate congressional committees are notified in advance
of such transfer in accordance with the procedures applicable
to reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956.
(g) Report on Account.--Not later than October 1, 1998, the
Secretary shall transmit to the appropriate congressional
committees a report containing an accounting of--
(1) the expenditures from the account established under
this section; and
(2) in the event of any transfer of funds to the Department
under subsection (f), the functions for which the funds so
transferred were expended.
(h) Termination of Authority To Use Account.--The Secretary
may not obligate funds in the account after September 30,
1999.
SEC. 616. SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under any
title of this division; and
(2) that are in effect at the time such title takes effect,
or were final before the effective date of such title and are
to become effective on or after the effective date of such
title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary, or other
authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Pending Proceedings.--(1) The provisions of any title
of this division shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
on the effective date of any title of this division before
any department, agency, commission, or component thereof,
functions of which are transferred by any title of this
division. Such proceedings and applications, to the extent
that they relate to functions so transferred, shall be
continued.
(2) Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this division had not been enacted.
Orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by
the Secretary, by a court of competent jurisdiction, or by
operation of law.
(3) Nothing in this division shall be deemed to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modified
if this division had not been enacted.
(4) The Secretary is authorized to promulgate regulations
providing for the orderly transfer of proceedings continued
under this subsection to the Department.
(c) No Effect on Judicial Proceedings.--Except as provided
in subsection (e)--
(1) the provisions of this division shall not affect suits
commenced prior to the effective date of this Act, and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect
as if this division had not been enacted.
(d) Non-Abatement of Proceedings.--No suit, action, or
other proceeding commenced by or against any officer in the
official capacity of such individual as an officer of any
department or agency, functions of which are transferred by
any title of this division, shall abate by reason of the
enactment of this division. No cause of action by or against
any department or agency, functions of which are transferred
by any title of this division, or by or against any officer
thereof in the official capacity of such officer shall abate
by reason of the enactment of this division.
(e) Continuation of Proceeding With Substitution of
Parties.--If, before the date on
[[Page H3311]]
which any title of this division takes effect, any department
or agency, or officer thereof in the official capacity of
such officer, is a party to a suit, and under this division
any function of such department, agency, or officer is
transferred to the Secretary or any other official of the
Department, then such suit shall be continued with the
Secretary or other appropriate official of the Department
substituted or added as a party.
(f) Reviewability of Orders and Actions Under Transferred
Functions.--Orders and actions of the Secretary in the
exercise of functions transferred under any title of this
division shall be subject to judicial review to the same
extent and in the same manner as if such orders and actions
had been by the agency or office, or part thereof, exercising
such functions immediately preceding their transfer. Any
statutory requirements relating to notice, hearings, action
upon the record, or administrative review that apply to any
function transferred by any title of this division shall
apply to the exercise of such function by the Secretary.
SEC. 617. PROPERTY AND FACILITIES.
The Secretary shall review the property and facilities
transferred to the Department under this division to
determine whether such property and facilities are required
by the Department.
SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILITATE
TRANSITION.
Prior to, or after, any transfer of a function under any
title of this division, the Secretary is authorized to
utilize--
(1) the services of such officers, employees, and other
personnel of an agency with respect to functions that will be
or have been transferred to the Department by any title of
this division; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of any title of this division.
SEC. 619. RECOMMENDATIONS FOR ADDITIONAL CONFORMING
AMENDMENTS.
Congress urges the President, in consultation with the
Secretary and the heads of other appropriate agencies, to
develop and submit to Congress recommendations for such
additional technical and conforming amendments to the laws of
the United States as may be appropriate to reflect the
changes made by this division.
SEC. 620. FINAL REPORT.
Not later than October 1, 1998, the President, in
consultation with the Secretary of the Treasury and the
Director of the Office of Management and Budget shall submit
to the appropriate congressional committees a report which
provides a final accounting of the finances and operations of
the agencies abolished under this division.
SEC. 621. TRANSFER OF FUNCTION.
Any determination as to whether a transfer of function,
carried out under this Act, constitutes a transfer of
function for purposes of subchapter I of chapter 35 of title
5, United States Code, shall be made without regard to
whether or not the function involved is identical to
functions already being performed by the receiving agency.
SEC. 622. SEVERABILITY.
If a provision of this division or its application to any
person or circumstance is held invalid, neither the remainder
of this division nor the application of the provision to
other persons or circumstances shall be affected.
The CHAIRMAN. Are there amendments to title VI?
The Clerk will designate title X.
The text of title X is as follows:
DIVISION B--STATE DEPARTMENT AND RELATED AGENCIES AUTHORIZATION ACT
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``State Department and
Related Agencies Authorization Act, Fiscal Years 1998 and
1999'' and shall be effective for all purposes as if enacted
as a separate Act.
SEC. 1002. STATEMENT OF HISTORY OF LEGISLATION.
This division consists of H.R. 1253, the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999, which was
introduced by Representative Smith of New Jersey on April 9,
1997, and amended and reported by the Subcommittee on
International Operations and Human Rights of the Committee on
International Relations on April 10, 1997.
SEC. 1003. DEFINITIONS.
The following terms have the following meanings for the
purposes of this division:
(1) The term ``AID'' means the Agency for International
Development.
(2) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(6) The term ``Secretary'' means the Secretary of State.
(7) The term ``USIA'' means the United States Information
Agency.
The CHAIRMAN. Are there any amendments to title X?
The Clerk will designate title XI.
The text of title XI is as follows:
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for
the Department of State under ``Administration of Foreign
Affairs'' to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of
the United States and for other purposes authorized by law,
including the diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State
$1,291,977,000 for the fiscal year 1998 and $1,291,977,000
for the fiscal year 1999.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For ``Salaries and
Expenses'', of the Department of State $363,513,000 for the
fiscal year 1998 and $363,513,000 for the fiscal year 1999.
(B) Limitations.--Of the amounts authorized to be
appropriated by subparagraph (A) $2,000,000 for fiscal year
1998 and $2,000,000 for fiscal year 1999 are authorized to be
appropriated only for the recruitment of minorities for
careers in the Foreign Service and international affairs.
(3) Capital investment fund.--For ``Capital Investment
Fund'', of the Department of State $64,600,000 for the fiscal
year 1998 and $64,600,000 for the fiscal year 1999.
(4) Security and maintenance of buildings abroad.--For
``Security and Maintenance of Buildings Abroad'',
$373,081,000 for the fiscal year 1998 and $373,081,000 for
the fiscal year 1999.
(5) Representation allowances.--For ``Representation
Allowances'', $4,300,000 for the fiscal year 1998 and
$4,300,000 for the fiscal year 1999.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$5,500,000 for the fiscal 1998 and $5,500,000 for the fiscal
year 1999.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $28,300,000 for the fiscal year 1998 and
$28,300,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $14,490,000
for the fiscal year 1998 and $14,490,000 for the fiscal year
1999.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $7,900,000
for the fiscal year 1998 and $7,900,000 for the fiscal year
1999.
(10) Repatriation loans.--For ``Repatriation Loans'',
$1,200,000 for the fiscal year 1998 and $1,200,000 for the
fiscal year 1999, for administrative expenses.
SEC. 1102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND
CONFERENCES.
(a) Assessed Contributions to International
Organizations.--There are authorized to be appropriated for
``Contributions to International Organizations'',
$960,389,000 for the fiscal year 1998 and $987,590,000 for
the fiscal year 1999 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international organizations and to carry out other
authorities in law consistent with such purposes.
(b) Voluntary Contributions to International
Organizations.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Voluntary Contributions to
International Organizations'', $199,725,000 for the fiscal
year 1998 and $199,725,000 for the fiscal year 1999.
(2) Limitations.--
(A) World food program.--Of the amounts authorized to be
appropriated under paragraph (1), $5,000,000 for the fiscal
year 1998 and $5,000,000 for the fiscal year 1999 are
authorized to be appropriated only for a United States
contribution to the World Food Program.
(B) United nations voluntary fund for victims of torture.--
Of the amount authorized to be appropriated under
paragraph (1), $3,000,000 for the fiscal year 1998 and
$3,000,000 for the fiscal year 1999 are authorized to be
appropriated only for a United States contribution to the
United Nations Voluntary Fund for Victims of Torture.
(C) International program on the elimination of child
labor.--Of the amounts authorized to be appropriated under
paragraph (1), $10,000,000 for the fiscal year 1998 and
$10,000,000 for the fiscal year 1999 are authorized to be
appropriated only for a United States contribution to the
International Labor Organization for the activities of the
International Program on the Elimination of Child Labor.
(3) Availability of funds.--Amounts authorized to be
appropriated under paragraph (1) are authorized to remain
available until expended.
(c) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$240,000,000 for the fiscal year 1998 and $240,000,000 for
the fiscal year 1999 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs
[[Page H3312]]
of the United States with respect to international
peacekeeping activities and to carry out other authorities in
law consistent with such purposes.
(d) Voluntary Contributions to Peacekeeping Operations.--
There are authorized to be appropriated for ``Peacekeeping
Operations'', $87,600,000 for the fiscal year 1998 and
$67,000,000 for the fiscal year 1999 for the Department of
State to carry out section 551 of Public Law 87-195.
(e) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences
and Contingencies'', $3,000,000 for the fiscal year 1998 and
$3,000,000 for the fiscal year 1999 for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international conferences and
contingencies and to carry out other authorities in law
consistent with such purposes.
(f) Foreign Currency Exchange Rates.--In addition to
amounts otherwise authorized to be appropriated by
subsections (a) and (b) of this section, there are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 1998 and 1999 to offset adverse fluctuations
in foreign currency exchange rates. Amounts appropriated
under this subsection shall be available for obligation and
expenditure only to the extent that the Director of the
Office of Management and Budget determines and certifies to
Congress that such amounts are necessary due to such
fluctuations.
(g) Limitation on United States Voluntary Contributions to
United Nations Development Program.--
(1) Of the amounts made available for fiscal years 1998 and
1999 for United States voluntary contributions to the United
Nations Development Program an amount equal to the amount the
United Nations Development Program will spend in Burma during
each fiscal year shall be withheld unless during such fiscal
year, the President submits to the appropriate congressional
committees the certification described in paragraph (2).
(2) The certification referred to in paragraph (1) is a
certification by the President that all programs and
activities of the United Nations Development Program
(including United Nations Development Program--Administered
Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or private
voluntary organizations that have been deemed independent of
the State Law and Order Restoration Council (SLORC), after
consultation with the leadership of the National League for
Democracy and the leadership of the National Coalition
Government of the Union of Burma;
(C) provide no financial, political, or military benefit to
the SLORC; and
(D) are carried out only after consultation with the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union
of Burma.
SEC. 1103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $18,490,000 for the
fiscal year 1998 and $18,490,000 for the fiscal year 1999;
and
(B) for ``Construction'' $6,493,000 for the fiscal year
1998 and $6,493,000 for the fiscal year 1999.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $785,000 for the fiscal year 1998 and
$785,000 for the fiscal year 1999.
(3) International joint commission.--For ``International
Joint Commission'', $3,225,000 for the fiscal year 1998 and
$3,225,000 for the fiscal year 1999.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,549,000 for the
fiscal year 1998 and $14,549,000 for the fiscal year 1999.
SEC. 1104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance''
for authorized activities, $623,000,000 for the fiscal year
1998 and $623,000,000 for the fiscal year 1999.
(2) Limitation regarding tibetan refugees in india and
nepal.--Of the amounts authorized to be appropriated in
paragraph (1), $1,000,000 for the fiscal year 1998 and
$1,000,000 for the fiscal year 1999 are authorized to be
available only for humanitarian assistance, including but not
limited to food, medicine, clothing, and medical and
vocational training, to Tibetan refugees in India and Nepal
who have fled Chinese-occupied Tibet.
(b) Refugees Resettling in Israel.--There are authorized to
be appropriated $80,000,000 for the fiscal year 1998 and
$80,000,000 for the fiscal year 1999 for assistance for
refugees resettling in Israel from other countries.
(c) Humanitarian Assistance for Displaced Burmese.--There
are authorized to be appropriated $1,500,000 for the fiscal
year 1998 and $1,500,000 for the fiscal year 1999 for
humanitarian assistance, including but not limited to food,
medicine, clothing, and medical and vocational training, to
persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(d) Availability of Funds.--Funds appropriated pursuant to
this section are authorized to be available until expended.
SEC. 1105. ASIA FOUNDATION.
There are authorized to be appropriated for ``Asia
Foundation'', $10,000,000 for the fiscal year 1998 and
$10,000,000 for the fiscal year 1999 for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to Asia Foundation and to carry
out other authorities in law consistent with such purposes.
SEC. 1106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS.
The following amounts are authorized to be appropriated to
carry out international information activities and
educational and cultural exchange programs under the United
States Information and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio
Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, the Board for International Broadcasting Act, the North/
South Center Act of 1991, the National Endowment for
Democracy Act, and to carry out other authorities in law
consistent with such purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
$434,097,000 for the fiscal year 1998 and $434,097,000 for
the fiscal year 1999.
(2) Technology fund.--For ``Technology Fund'' for the
United States Information Agency, $6,350,000 for the fiscal
year 1998 and $6,350,000 for the fiscal year 1999.
(3) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $94,236,000 for the
fiscal year 1998 and $94,236,000 for the fiscal year 1999.
(B) South pacific exchanges.--For the ``South Pacific
Exchanges'', $500,000 for the fiscal year 1998 and $500,000
for the fiscal year 1999.
(C) East timorese scholarships.--For the ``East Timorese
Scholarships'', $500,000 for the fiscal year 1998 and
$500,000 for the fiscal year 1999.
(D) Tibetan exchanges.--For the ``Educational and Cultural
Exchanges with Tibet'' under section 236 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), $500,000 for the fiscal year 1998 and
$500,000 for the fiscal year 1999.
(E) Other programs.--For ``Hubert H. Humphrey Fellowship
Program'', ``Edmund S. Muskie Fellowship Program'',
``International Visitors Program'', ``Mike Mansfield
Fellowship Program'', ``Claude and Mildred Pepper Scholarship
Program of the Washington Workshops Foundation'', ``Citizen
Exchange Programs'', ``Congress-Bundestag Exchange Program'',
``Newly Independent States and Eastern Europe Training'', and
``Institute for Representative Government'', $97,995,000 for
the fiscal year 1998 and $97,995,000 for the fiscal year
1999.
(4) International broadcasting activities.--
(A) Authorization of appropriations.--For ``International
Broadcasting Activities'', $334,655,000 for the fiscal year
1998, and $334,655,000 for the fiscal year 1999.
(B) Allocation.--Of the amounts authorized to be
appropriated under subparagraph (A), the Director of the
United States Information Agency and the Board of
Broadcasting Governors shall seek to ensure that the amounts
made available for broadcasting to nations whose people do
not fully enjoy freedom of expression do not decline in
proportion to the amounts made available for broadcasting to
other nations.
(5) Radio construction.--For ``Radio Construction'',
$30,000,000 for the fiscal year 1998, and $30,000,000 for the
fiscal year 1999.
(6) Radio free asia.--For ``Radio Free Asia'', $10,000,000
for the fiscal year 1998 and $10,000,000 for the fiscal year
1999.
(7) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$22,095,000 for the fiscal year 1998 and $22,095,000 for the
fiscal year 1999.
(8) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $10,000,000 for the
fiscal year 1998 and $10,000,000 for the fiscal year 1999.
(9) National endowment for democracy.--For ``National
Endowment for Democracy'', $30,000,000 for the fiscal year
1998 and $30,000,000 for the fiscal year 1999.
(10) Center for cultural and technical interchange between
north and south.--For ``Center for Cultural and Technical
Interchange between North and South'' $2,000,000 for the
fiscal year 1998 and $2,000,000 for the fiscal year 1999.
SEC. 1107. UNITED STATES ARMS CONTROL AND DISARMAMENT.
There are authorized to be appropriated to carry out the
purposes of the Arms Control and Disarmament Act--
(1) $44,000,000 for the fiscal year 1998 and $44,000,000
for the fiscal year 1999; and
[[Page H3313]]
(2) such sums as may be necessary for each of the fiscal
years 1998 and 1999 for increases in salary, pay, retirement,
other employee benefits authorized by law, and to offset
adverse fluctuations in foreign currency exchange rates.
Amendments Offered by Mr. Gilman
Mr. GILMAN. Mr. Chairman, I offer amendments and I ask unanimous
consent that they be considered en bloc.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
Mr. HAMILTON. Mr. Chairman, reserving the right to object, I do not
know that I will object, but I want to find out what is happening here.
The chairman is offering an en bloc amendment. Could he specify for us
what is included in that, please?
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. HAMILTON. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I think we have given copies of that to the
ranking member a few moments ago. It has to do with the fee provisions
in the bill.
{time} 1545
Mr. HAMILTON. Mr. Chairman, I wonder if the gentleman would explain
the en bloc amendment.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. HAMILTON. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, this en bloc amendment fixes a provision of
the bill that is essentially technical in nature. It is required by an
understanding that we reached with the chairman of the Committee on
Ways and Means.
There are two provisions in the original bill, H.R. 1486, that were
inserted at the request of the administration to put into effect its
fee reform provision. We lowered certain authorizations which were to
be offset by these fees. Both of these provisions, however, were within
the jurisdiction of the Committee on Ways and Means and that committee
has objected to their presence in our bill. Accordingly, this amendment
takes care of their concerns by raising the authorization levels back
to their original levels and by restoring the status quo in other
respects.
This amendment also strikes an earmark of $5 million for passport
information services but inserts a requirement that such information be
provided for fee. This change, which was inserted in the amendment at
the request of the gentleman from New Jersey [Mr. Smith], avoids an
earmarking problem with the Committee on Appropriations but addresses a
concern he has been most forthright in addressing, the issue of
charging Americans fees to find out the status of their passport
applications.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
Mr. HAMILTON. Mr. Chairman, further reserving the right to object, do
I understand this amendment removes the authority for the State
Department to retain about $455 million in passport fees and adds that
to the State's operating account?
Mr. GILMAN. Mr. Chairman, if the gentleman will continue to yield,
that is correct and it increases the authorization.
Mr. HAMILTON. And it prohibits the State Department from collecting
an estimated $75 to $100 million in visa fees; is that correct?
Mr. GILMAN. That is correct, and also increases the fees.
Mr. HAMILTON. Yes, I understand.
Mr. Chairman, I do not want to oppose the amendment because I
understand some change is needed. I would ask the chairman, however, if
he would be willing to work further with us and with the Department of
State as the bill moves along and to consider it in conference and
other fora?
Mr. GILMAN. I would be pleased to do that.
Mr. HAMILTON. Mr. Chairman, with that assurance, I do not oppose the
amendment, and I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
The CHAIRMAN. The Clerk will report the amendments.
The Clerk read as follows:
Amendments offered by Mr. Gilman:
Page 84, line 5, strike ``$1,291,977,000'' and insert
``$1,746,977,000''.
Page 84, line 6, strike ``$1,291,977,000'' and insert
``$1,746,977,000''.
Strike line 7 on page 110 and all that follows through line
17 on page 112.
Page 84, line 4, insert ``(A) Authorization of
appropriations.--'' before ``For''.
Page 84, after line 7 insert the following:
(B) Passport information services.--The Secretary of State
shall provide passport information without charge to citizens
of the United States, including--
(i) information about who is eligible to receive a United
States passport and how and where to apply;
(ii) information about the status of pending applications;
and
(iii) names, addresses, and telephone numbers of State and
Federal officials who are authorized to provide passport
information in cooperation with the Department of State.
Page 112, strike line 18 and all that follows through line
7 on page 114 and insert the following:
SEC. 1208. SURCHARGE FOR PROCESSING CERTAIN MACHINE READABLE
VISAS.
Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in paragraph (2) by striking ``providing consular
services.'' and inserting ``the Department of State's border
security program, including the costs of installation and
operation of the machine readable visa and automated name-
check process, improving the quality and security of the
United States passport, passport and visa fraud
investigations, and the technological infrastructure to
support the programs referred to in this sentence.'';
(2) by striking the first sentence of paragraph (3) and
inserting ``For fiscal years 1998 and 1999, fees deposited
under the authority of paragraph (2) may not exceed
$140,000,000 in each fiscal year and, notwithstanding
paragraph (2), such fees shall be available only to the
extent provided in advance in appropriations Acts.''; and
(3) by striking paragraph (5).
Mr. GILMAN. Mr. Chairman, I yield back the balance of my time.
Mr. HAMILTON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendments offered by the
gentleman from New York [Mr. Gilman].
The amendments were agreed to.
Mr. MORAN of Virginia. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to speak against this bill and against the
underlying policies and assumptions that are included in it and, by
implication, in favor of the Hamilton amendment that has been offered
but not voted on as yet.
Mr. Chairman, there are good reasons why the President will veto this
bill if the language of the gentleman from New York is included in it,
and they are substantive reasons.
Mr. Chairman, this is an attempt to get some notches in the belt of
the Republican Party, which apparently is still intent on showing that
they can beat up on the Federal Government, that they can eliminate
agencies, that they can eliminate functions and that, by implication,
what the Government is doing is wrong and ought to be in the word of
the chairman ``abolished.'' The fact is that in this case what the
Government is doing is terribly important and should be supported.
The language of the gentleman from New York is an attempt to
micromanage our foreign policy and would specify that several agencies
be abolished. Their functions would be transferred over to the State
Department, but in many ways the esprit de corps, the achievements, the
mission, the effectiveness of these agencies would be badly damaged at
best and at worst, last forever.
One of the agencies that I am talking about is the agency that
provides aid to underdeveloped and developing countries.
The Agency for International Development has shown tremendous
progress in expanding the global economy and in creating customers for
our American companies and products by enabling people to come up with
the means to purchase our products and to enhance their quality of
life. Most of their aid is returned to our country many times over, not
to mention the basic humanitarian functions that they perform for
people suffering in the threes of hunger, poverty, and desperation.
Another agency that this bill would attempt to abolish is the Arms
Control and Disarmament Agency. Of all functions within the Government
to want to abolish, an agency that is addressing terrorism, that is
addressing the proliferation of nuclear weapons, chemical and
biological warfare, the most immediate, real threats to our well-being
[[Page H3314]]
should be the last one we would want to disband. This agency has been
extremely effective in addressing those threats, and yet, for some
reason, the Republican Party wants to make another notch on its belt by
abolishing this essential agency.
Likewise, the U.S. Information Agency, which is the antidote we have
for the kind of propaganda that has led to the worst violence that has
occurred in modern times. It was in large part the State-controlled
media in Yugoslavia that spurred people into unbridled aggression: that
motivated the Serbs to attack the Bosnian people with fierce brutality.
This aggression was spurred on by the kind of propaganda that can occur
when we do not have a professional, unbiased source of news that the
U.S. Information Agency provides.
Likewise with the slaughtering that occurred in Rwanda. Again, these
kinds of things happen because we do not have adequate resources to put
into the U.S. Information Agency and the Voice of America. I cannot
imagine that the American people would want us to be abolishing these
agencies with such an effective track record and such a needed role to
perform around the world.
This bill is more of this gun-slinging mentality where we are willing
to shoot innocent victims purely to get another notch in our belt.
Targeting and scoring hits on innocent, effective Government agencies
purely for political purposes is wrong. It is irresponsible, and it is
dangerous.
But even going beyond this irresponsible motivation, this bill
attempts to micromanage. It specifies what a very complex,
indispensable Government function, particular undersecretaries, and
assistant secretaries, stay and which go, and where they go.
Mr. Chairman, this bill should not be supported. The Hamilton
amendment is a better approach, and I urge Members to support the
Hamilton amendment and oppose this bill.
Amendment Offered by Mr. SKAGGS
Mr. SKAGGS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Skaggs:
Page 97, line 1, insert ``(A) Authorization of
appropriations'' before ``For''.
Page 97, after line 3, insert the following:
(B) Limitation.--Of the amounts authorized to be
appropriated under subparagraph (A), no funds shall be used
for television broadcasting to Cuba after October 1, 1997.
Mr. SKAGGS. Mr. Chairman, my amendment would bar continued TV Marti
broadcasts to Cuba after the end of this fiscal year, when moneys
appropriated for that purpose would end.
This amendment is not about Cuba, not about Castro; it is an
amendment that would cut waste, eliminate an absolutely failed program,
and save the American taxpayers millions of dollars every year.
TV Marti, part of the USIA, is a Federal program begun in 1989 that
attempts to broadcast television programs to Cuba in the early morning
hours. I support the USIA's efforts to get unbiased news coverage to
Cuba. I support Radio Marti's attempts to do that. TV Marti is simply
another story. It is not accomplishing that purpose. Virtually no one
in Cuba has seen, is seeing, or will see TV Marti broadcasts.
The Government has already wasted over $100 million on this failed
experiment. Let us not put good money after bad. Let us end this
experiment at the end of this fiscal year. We will save over $9 million
next year and countless millions in the outyears after that by passing
this amendment.
Last year the House appropriations bill ended appropriations for TV
Marti and this House went along with the appropriations recommendation.
It was only because the other body restored funding that we still have
to deal with this.
I have a stack of reports here, Mr. Chairman, every one of which
shows that TV Marti has no significant audience in Cuba. This spring,
when the USIA Director Joseph Duffy testified before the Appropriations
Subcommittee, I asked him if TV Marti signals were being received in
Cuba. His answer was simply no.
In 1995, the Committee on Appropriations investigations staff said
that four different surveys ``all produced discouraging results with
respect to TV Marti viewership.'' In 1994, the advisory panel said that
jamming prevents TV Marti signals from being received by any
substantial number of Cubans. In 1993, the Advisory Commission on
Public Diplomacy said that TV Marti is not cost effective and should be
closed down.
Now, we will hear that we were in the midst of switching from a VHF
signal, which is effectively jammed, to UHF, and that broadcasts will
be started soon there. But, Mr. Chairman, that will not make any
difference, I am sad to say, because it is even easier to jam the UHF
signal than it is to jam this VHF signal. The National Association of
Broadcasters says, ``A UHF signal can be jammed using little more than
a 100-watt transmitter and an off-the-shelf Radio Shack type antenna.''
Again, according to the appropriations investigative staff, ``The
U.S. Government officials confirm that Cuba already has jamming
capability and private sector representatives state that Cuba can
easily jam any UHF station.''
This program simply does not meet the standards under the
International Broadcasting Act, which says that broadcasting shall be
designed to effectively reach a significant audience.
Mr. HAMILTON. Mr. Chairman, will the gentleman yield?
Mr. SKAGGS. I yield to the gentleman from Indiana.
Mr. HAMILTON. Mr. Chairman, I want to congratulate the distinguished
gentleman from Colorado for offering this amendment and I just pose
this question.
I have been informed that we have spent as a government over $100
million on these broadcasts that the Cuban people do not see. Is that
the gentleman's understanding?
Mr. SKAGGS. I believe it now totals $106 million through last fiscal
year.
Mr. HAMILTON. If the gentleman will continue to yield, that is $106
million now being spent for no purpose whatsoever. The Cuban people do
not see it, and that seems to me quite a waste of the taxpayers' money,
and I certainly commend the gentleman for seeking to strike it.
Mr. SKAGGS. Mr. Chairman, reclaiming my time, I thank the gentleman
for his support on my amendment.
We will hear, I am sure, that somehow doing the right thing by the
U.S. taxpayer is going to be a propaganda victory for Fidel Castro. I
have to tell my colleagues that I think he gets a propaganda victory
every day we waste our money on this. And in fact the Cuban Government
exploits this idiocy on the part of the United States by pointing out
to its own people that we are being so foolish as to continue to pour
money down this television rat-hole.
{time} 1600
It is a classic example, Mr. Chairman, of a wasteful program that
ought to be put out of its misery. Again, my amendment would save over
$9 million in fiscal 1998. It would give this House a chance to stop
the waste of money that has already totaled over $100 million.
We all know the kind of budget stress that we are under in trying to
get the deficit to zero. We simply do not have this kind of money to
pour into a completely pointless program. It could put 22,000
additional kids in Head Start, pay for Medicare, for several thousand
beneficiaries--any number of useful purposes.
Amendment Offered by Mr. DIAZ-BALART to the Amendment Offered by Mr.
SKAGGS
Mr. DIAZ-BALART. Mr. Chairman, I offer an amendment to the amendment.
The Clerk read as follows:
Amendment offered by Mr. Diaz-Balart to the amendment
offered by Mr. Skaggs:
Strike ``1997.'' and insert ``1997, if the President
certifies that continued funding is not in the national
interest of the United States.''.
Mr. DIAZ-BALART. Mr. Chairman, I think it is quite curious that the
distinguished gentleman from Colorado [Mr. Skaggs] began his remarks by
saying this is not about Cuba and this is not about Castro. It is very
much about Cuba, about Castro, and about the oppression that the Cuban
people have to live day in and day out at the hands of the dictatorship
and that denial, the attempt to deny information to the Cuban people
that is so primary in the agenda of the Cuban dictatorship.
The gentleman from Colorado must have forgotten that, in 1994, in
this Congress, we paid for this report, Mr. Chairman, this report, two
volumes,
[[Page H3315]]
and we had an agreement that we would support the creation of this
panel and that the panel would be asked, after its creation, some very
clear questions and would have to report not only to the administration
but then that the director of the USIA would have to report to Congress
based on this report.
Mr. Chairman, I will at this time refer precisely to the
recommendations and the findings of the panel, and specifically of
Joseph Duffey, the director of the U.S. Information Agency, with regard
to the very systematic and deep study that was engaged in; and here it
is, two volumes by the panel, that we in this Congress created in 1994
to look at this issue.
Mr. Duffey, the Director of the USIA, states in his letter to
Congress:
I hereby submit my findings and recommendations regarding
the report of the advisory panel on Radio Marti and
Television Marti,
specifically with regard to Television Marti, which is what today the
gentleman from Colorado [Mr. Skaggs] seeks to kill. Other times, very
often, he has sought to kill Radio Marti as well.
Mr. SKAGGS. Mr. Chairman, will the gentleman yield? The gentleman has
misrepresented my position.
Mr. DIAZ-BALART. Mr. Chairman, that is not correct, I have not
misrepresented his position. At other times, the gentleman from
Colorado has sought to kill both Radio and Television Marti. Today he
is targeting Television Marti.
Let us see what the report, after we spent the money to create this
panel, let us see what the findings and recommendations were of Mr.
Duffey of USIA with regard to the panel that we set up in this Congress
and that we agreed to set up objectively and of distinguished
membership.
One, the best interests of the United States are being served by
maintaining television broadcasting to Cuba.
Two, maintaining television broadcasting to Cuba is technically sound
and effective.
Three, Television Marti broadcasting is consistently being received
by a sufficient Cuban audience to warrant its continuation.
This is the report of Mr. Duffey, findings and recommendations based
on the panel created by Congress; and here are the two volumes. But,
no, it is not enough for the gentleman from Colorado. Year after year
after year my colleague rushes to this floor with his mission not to
increase the receptivity, the reception, of Television Marti or Radio
Marti for the Cuban people, not to ask Castro for elections, not to ask
Castro to permit the Cuban people to get news, but to kill this
program, which is meant to get objective news to the Cuban people. That
is the reality of the effort year after year after year by the
gentleman from Colorado (Mr. Skaggs].
During the height of the cold war, Mr. Chairman, during the height of
the cold war, at times the Soviets were able to achieve 97, 98, 99
percent effectiveness in their blocking of Radio Liberty and Radio Free
Europe. What would have been the position, what would have happened if
the attitude maintained by our distinguished colleague from Colorado
would have prevailed at that time in Congress? Oh, the Soviet Union is
jamming Radio Free Europe. The Soviet Union is achieving 99 percent
jamming of Radio Liberty. So we will throw in the towel, we will give
up.
As my colleague even mentioned, we are in the midst, Mr. Chairman, of
going to UHF, which will increase receptivity. But my point is this, we
will go to UHF and we will increase receptivity despite the fact that
Mr. Duffey, his recommendations, and pursuant to this two-volume
report, I have mentioned they are clear enough with regard to the
viability of the existing program of Television Marti.
But I maintain the following: The American thing to do is, if we do
not increase receptivity sufficiently by the steps that we are taking
now, then we will take further steps. Just like Mr. Aristide's voice
was able to get to the Haitian people because they flew a C-130, we
will do that with Cuba. We will not throw in the towel. We will not
surrender. That is not the American way.
Approve my amendment and defeat the amendment of the gentleman from
Colorado [Mr. Skaggs].
Mr. GILMAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, the amendment offered by the gentleman from Colorado
[Mr. Skaggs) I think is a step backward in a struggle for democracy in
Cuba, and I urge my colleagues to oppose the amendment.
Mr. Chairman, I support this second-degree amendment offered by the
gentleman from Florida [Mr. Diaz-Balart), which will give the President
the flexibility that he must have to decide if and when to adjust the
strategy of our Cuba broadcasting. Our pro-democracy efforts in Cuba
are at a critical point. Accordingly, I agree that it is vital that we
let the President assess the importance of TV Marti to our overall
strategy in communicating with the Cuban people.
Mr. SKAGGS. Mr. Chairman, I oppose the amendment offered by the
gentleman from Florida. Mr. Chairman, let me first correct the Record.
It is very important I think to be precise in the way we characterize
each other's positions on these very volatile issues.
I have opposed TV Marti consistently over the years, as the gentleman
suggested, because it is simply a waste of money. I would very much
like it if Castro would stop the jamming so that we could get good
information into Cuba. Unfortunately, that is not going to happen. We
do not have to respond to that by continuing to waste over $100 million
of American taxpayers' funds.
I also want to make it clear that I have supported Radio Marti
consistently, just wanting to make sure that it lives up to Voice of
America standards. And the characterization of the gentleman from
Florida to the contrary is simply not accurate.
But let us go to the principal point here. The 1994 appropriations
bill report set up the advisory panel and directed that that panel
report back to Congress as to whether TV Marti was being received by
any substantial audience in Cuba. That was its mission.
The report advised Congress ``Cuban Government jamming prevents those
broadcasts from being received by any substantial number of Cubans.''
In other words, the answer was no.
And based upon the understanding that was incorporated in that fiscal
1993 appropriations bill, that should have been the end of the
discussion. But, no, because of the extraordinary and I think
inappropriate influence on U.S. Government policy that has been brought
to bear on this issue, the administration sought to end-run the clear
direction of Congress and came back with this fig leaf idea of going to
UHF and see if that works.
That was used, in fact, to undermine, end-run, and basically avoid
the very purposes for which the advisory panel was created. So we are
now stuck with spending millions and millions more on the UHF
experiment, which is as doomed to failure as was the VHF program that
has been broadcasting.
There is simply no need for any exercise of discretion by the
President or anyone else. The facts are clear. That is why the
Committee on Appropriations by an overwhelming vote last year
recommended to the House that there be no funding this year for TV
Marti. Let us stop kidding ourselves.
I wish the position of the gentleman from Florida [Mr. Diaz-Balart]
about this particular program were correct, that we had some prayer of
getting a signal into Cuba. We do not. Let us admit it. Let us stop
wasting this money.
Mr. GEJDENSON. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I would like to ask the gentleman from Colorado [Mr.
Skaggs] just a few questions on this issue. I think universally we
would like to see a democratic government in Cuba, we would like to see
free elections, and I think the real debate here is how to get there.
We have had one policy for over 30 years now, but particularly to
this point I guess my question is, is there an estimate of how many
people in Cuba watch any of these productions?
Mr. SKAGGS. Well, if the gentleman would yield, the United States
interest section in Cuba and our own Committee on Appropriation's
investigative staff have all tried to find someone who has seen more
than a split second of a TV Marti broadcast before the jamming kicks
in. Sadly, I do not know of
[[Page H3316]]
anyone who has seen anything like a full TV Marti broadcast for other
than a nanosecond.
Mr. GEJDENSON. If the gentleman would, how much money have we spent
on this program?
Mr. SKAGGS. If the gentleman would yield, so far we have spent a
total of $106 million broadcasting this TV signal essentially in a
black hole.
Mr. GEJDENSON. How much money was that again?
Mr. SKAGGS. $106 million since 1989.
Mr. GEJDENSON. As a result of that, we cannot come up with anybody
who has ever watched an entire program?
Mr. SKAGGS. If the gentleman would yield, that is my understanding,
based upon various investigations that have been conducted by agencies
of the executive and legislative branches of this Government.
Mr. GEJDENSON. Mr. Chairman, reclaiming my time, I think the problem
we have here is there has become a process where we come committed to
continuing policies that theoretically put pressure on Fidel Castro to
bring about a democratic government.
I understand the pressure of communities who want to see their loved
ones living within a country that has democratic institutions. My
parents fled the Soviet Union, survived Nazi Germany. We all have a
strong feeling about that.
In the case of Cuba, what seems to happen, however, is rather than
finding programs that are effective in achieving democratic goals and
democratic progress, we find ourselves with a policy that seems to
somehow protect Castro from change. If anything helped bring down the
Berlin wall, it was contact with Westerners, it was that confrontation
with the success of our democratic institutions and contrasted to the
failure of the old Soviet system.
I would think that Fidel Castro gets up and thanks God, if he
believes in God, every day that we have this embargo on him and that we
continue these programs. It gives him the excuse why his revolution is
not producing benefits for its citizens any longer.
I understand the heart-felt desire of Members in this Congress and in
our communities who are of Cuban-American heritage who want to see
democracy there. I would ask them to join us for policies that would
have a real impact on dislodging the non-democratic government in Cuba.
That is the policy I think we ought to undertake, not just squandering
dollars that, even worse than the squandering of dollars, give us the
illusion that we are taking some action here.
Mr. SMITH of New Jersey. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I rise in very strong opposition to the Skaggs
amendment and in support of the Diaz-Balart substitute amendment. The
Skaggs amendment is aimed at the heart of what is sometimes called
surrogate broadcasting. An even better term for it is ``freedom
broadcasting.'' We are sending the message of freedom to people who
live in countries where this message is not permitted to be carried by
domestic radio or television stations.
{time} 1615
The Skaggs amendment would eliminate TV Marti. It would deprive
Cubans of not only vital information about the free world but also of
the hope that comes with knowing that a free world does care. The Diaz-
Balart substitute guarantees fiscal responsibility without compromising
our commitment to freedom.
If the President wants to certify, as his substitute would so state,
let the President certify that and live with the consequences of
denying this very important surrogate broadcasting to the people of
Cuba. Eliminating or crippling freedom broadcasting to Cuba, as the
Skaggs amendment would do, would send exactly the wrong message at
exactly the wrong time.
The Castro dictatorship is at an all-time low, both in domestic
support and international prestige. Like the two recent Clinton-Castro
immigration agreements, the silencing of TV Marti would provide new
hope for the Castro dictatorship and a fresh dose of despair to those
who struggle for human rights in Cuba. The argument that TV Marti is
technologically inadequate and that we should therefore not fund it is
destined to be a self-fulfilling prophecy.
The Subcommittee on International Operations and Human Rights which I
chair has examined this question in public hearings over the last 3
years. We have discovered, in effect, that it is too soon to evaluate
the success of TV Marti because the Clinton administration has not yet
tried to make TV Marti work. The reason TV Marti does not reach more
Cubans has less to do with technology and more to do with
administrative timidity or perhaps a willful resistance to
congressional mandate.
Right now, because of jamming by the Castro regime, TV Marti is
received primarily by those who live outside of Havana. It can also be
received by government officials and by the Communist party elite who
have access to satellite TV. It is important to let them know that the
world is watching them and hopefully holding them to some account. But
there is no question that we can do better. The technology is there for
UHF broadcasting which would be far more difficult for the censors to
jam, and would enable TV Marti to reach millions of more people.
I think the gentleman from Florida [Mr. Diaz-Balart] made a very good
point a moment ago. Had we during the 1970's and 1980's because of
Russian jamming stood up and said, ``Let's just eliminate the
program,'' we would have given Brezhnev and all his predecessors a real
shot in the arm as they clamped down on human rights and freedom in the
Soviet Union.
Let me just say that the Diaz-Balart substitute would discontinue TV
Marti if and only if the President certifies that its continuation is
not in the national interest. Again, the ball would be in the
President's court. I support that, and I would ask Members to go
against the underlying amendment offered by the gentleman from Colorado
[Mr. Skaggs].
Mr. GEJDENSON. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from Connecticut.
Mr. GEJDENSON. I would just ask my friend, and I know he is earnest
in this without any question, but does he have any evidence that the
general population of Cuba to any significant degree or to what degree
it might be able to view these? I think we have been broadcasting now
for 7 years about.
Mr. SMITH of New Jersey. Joe Duffy back in 1994 in a letter to the
gentleman from Florida [Mr. Diaz-Balart] stated, and I quote, ``TV
Marti broadcasting is consistently being received by a sufficient Cuban
audience to warrant its continuation.''
Havana, without question, is being heavily jammed. But outside of
that area more people are able to pick it up. Plus areas near to Cuba--
other islands and other countries--can also pick it up.
Mr. GEJDENSON. I think Mr. Duffy has changed his position on that,
and in more recent testimony before the Committee on Appropriations
felt that nobody was hearing it. I think whatever happens here today, I
would hope we could join together. If we look at the kind of policies
we had to deal with the Soviet Union and the East Bloc, it was a much
more dynamic policy than the one we have executed here, and I think,
for whatever reasons, was much more successful. I think we have to
engage in a much more dynamic policy with Cuba to have an opportunity
to have a united impact.
Mr. DREIER. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from California.
Mr. DREIER. I thank the gentleman for yielding. My dear friend the
gentleman from Connecticut is right on target. That is exactly what the
Diaz-Balart amendment does here. We should be able to come together.
The goal of the amendment is to come together with both the legislative
branch and the executive branch in fact recognizing the importance of
this issue. The President has to certify that it is in the national
security interest to keep or to not keep Television Marti. That is why
I think that this is the very responsible, evenhanded way to get the
two branches of government involved.
The CHAIRMAN. The time of the gentleman from New Jersey [Mr. Smith]
has expired.
(On request of Mr. Dreier, and by unanimous consent, Mr. Smith of New
Jersey was allowed to proceed for 2 additional minutes.)
[[Page H3317]]
Mr. SMITH of New Jersey. Mr. Chairman, I yield to my friend the
gentleman from Connecticut.
Mr. GEJDENSON. Mr. Chairman, I guess I would say one thing having
been through both Democratic and Republican Presidents, of both
parties, I have seen them able to certify almost anything or not
certify almost anything they chose to certify or not certify. The other
thing is what we are dealing with here, and not questioning anybody, is
a political hot potato. If the White House shuts it down, then that
becomes obviously significant political fodder. I think in a bipartisan
way, and again my hopes for this amendment are not great, but we ought
to move past this and engage a much more dynamic policy. Nothing will
hurt Castro more than having Cuban-Americans who are successful going
back to Cuba and giving a contrast to the life there.
Mr. SMITH of New Jersey. Reclaiming my time, Mr. Chairman, just let
me remind Members that we still have not had a full test, or any test
really, of the UHF situation. We have asked Dr. Duffy and many people
within the administration: ``Why the delay? They have been talking
about it for years. Now we are told that, sometime in October, the UHF
program should be up and running. Hopefully we will then have a better
gauge as to whether or not we are reaching a significant number of
people.
Mr. DREIER. If the gentleman will yield further, I would like to say
to my friend the gentleman from Colorado that I am very sympathetic, in
fact the gentleman from Connecticut and I, a few weeks ago we were in
Santa Fe, NM, and talked about the issue of Cuba. We were meeting with
Mexican government officials. My friend the gentleman from Florida with
whom I sit on the Committee on Rules knows that I also am sympathetic
with this. But it seems to me that without undermining the goal that is
set forth by the Skaggs amendment, the gentleman from Florida [Mr.
Diaz-Balart] is simply trying to in fact bring both sides into the
question. The gentleman from Connecticut [Mr. Gejdenson] says this is a
political hot potato. It may be. Why should the hot potato simply be
here in the Congress without letting the President, who obviously has
gotten very involved, having signed the Helms-Burton legislation, he
should be part of this process.
The CHAIRMAN. The time of the gentleman from New Jersey [Mr. Smith]
has again expired.
(On request of Mr. Dreier, and by unanimous consent, Mr. Smith of New
Jersey was allowed to proceed for 2 additional minutes.)
Mr. SMITH of New Jersey. Mr. Chairman, I continue to yield to my
friend the gentleman from California.
Mr. DREIER. I thank the gentleman for continuing to yield.
Mr. Chairman, the fact of the matter is the cost imposed on Fidel
Castro of trying to block this program is the equivalent of 400,000
barrels just for Havana alone. If we go back and look at the height of
the cold war, the Soviet Union was able to block 99 percent of the
programming that went from Radio Free Europe into the Soviet Union. I
think that we ought to think long and hard before we take this kind of
action from the Congress, and I say that as one who believes that
getting our western values into countries throughout the world is
clearly the best way possible for us to undermine political repression,
but I think that this two-tiered approach with both the legislative and
executive branch's involvement is the most responsible approach for us
to take.
Mr. MENENDEZ. Mr. Chairman, I move to strike the last word.
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. Mr. Chairman, I do not think there is any Member of
this House, including my dear colleagues from Florida, that still have
family in Cuba, but I do. So when people talk about some of these
issues, they talk in the abstract. I deal with the reality.
Every time I get up in this well and speak about issues that affect
the people of Cuba, my family gets visited by Castro's rapid response
brigade. My communications with them, which I always asked them never
to let anyone know that they were my family, so in fact they would not
be confronted with the realities they are confronted with today, being
harassed, being denied employment opportunities, but they told me,
``We're not going to deny you, and we don't intend for you to stop
speaking out.''
The fact of the matter is my distinguished colleague from Connecticut
raises a point of view which I disagree with but respect. However, the
facts are quite different. The reality is that the regime in Cuba has
only changed out of necessity, necessity created by the loss of the
Soviet Union's aid, $6 billion a year, at which time the Cuban people
did not receive more food on the plates of Cuban families but developed
the third largest military in the entire Western Hemisphere after the
United States and Brazil per capita.
Now that that money is gone, and with the legislation that we have
passed, 3 dramatic things have happened. That third largest army has
been reduced, important to the people in Cuba, important to the people
in the hemisphere. More money should be going to Cuban families to put
food on their table, but is not because the regime continues to use
whatever resources they have to oppress people.
Second, the American dollar, the most hated symbol of the revolution,
is now freely traded in Cuba and accepted, again out of necessity, not
desire.
And, third, the fact of the matter is that the international
investment that some herald which has made no real change in democracy
in Cuba, from Canada, from Mexico, from Spain and every place else, the
fact of the matter is that is now accepted for the last several years
again out of necessity. Necessity, not desire. So in fact the changes
that we have seen, limited as they are, are changes that come from
necessity, the necessity that we have created in our legislation.
Now I want to speak to the Skaggs amendment, which I oppose, and the
Diaz-Balart amendment, which I support. I cannot understand Democrats
who would not give the President the flexibility in foreign policy that
they decry does not exist in the underlying bill. That is the reality.
They do not want to give the President flexibility in foreign policy
that they decry in the underlying bill. That in essence is what the
Diaz-Balart amendment would do.
The President has spoken clearly about the need to support the vital
broadcasting services to Cuba of both Radio and Television Marti. In a
letter to me the President stated, and I quote, ``By strongly
supporting Radio and TV Marti, I want to send a clear signal to those
everywhere who struggle against tyranny. Radio and TV Marti make
genuine contributions to the cause of human rights and democracy in the
hemisphere. Both help promote short and long-term U.S. foreign policy
goals.'' That is the President of the United States.
Those of us with a strong interest in this issue agreed to a
compromise which established having an advisory panel on Radio and TV
Marti in the last Congress. The panel members were agreeable to all the
parties involved, I believe, including the gentleman from Colorado [Mr.
Skaggs].
The panel was charged with assessing and reporting on the purposes,
policies and practices of radio and TV broadcasting to Cuba. In fact,
it was done so we could avoid the political hot potato that some have
alleged exists, so we could take it out of the realm of politics, so we
gave it to an independent panel.
What did that panel come and say? Their verdict was very clear. They
said now more than ever we must retain intact the services of both
Radio and Television Marti. I encourage the Members to seek out the
executive summary of the advisory panel's report.
Let me underscore some of the more salient conclusions of the report.
It said, ``Cuban Government officials and elites regularly listen to
Radio Marti and tune into TV Marti. When we want to speak to that
elite, when we want them to make a change in their government, this is
a direct way of communicating with them, a way to create peaceful
change in Cuba.''
Our United States interest section in Cuba, which thousands of
average Cubans go into every day, they have the opportunity to see all
of the programming of Television Marti that is done in the lobby as
people try to get visas.
The CHAIRMAN. The time of the gentleman from New Jersey [Mr.
Menendez] has expired.
[[Page H3318]]
(By unanimous consent, Mr. Menendez was allowed to proceed for 2
additional minutes.)
Mr. MENENDEZ. Mr. Chairman, it is not lack of interest of the Cuban
people but the jamming which has prevented it, and we have means to
circumvent that. The fact of the matter is that if in fact we move to
the UHF opportunity, broadcasting to Cuba would neither interfere with
Cuban broadcasting nor United States stations. The Cuban Government
would have no present jamming capacity on a UHF process. These
broadcasts could occur at any time. And it is both technically feasible
and cost effective to switch TV Marti to UHF.
The fact of the matter is we have an opportunity for peaceful
diplomacy to the people of Cuba. The same messages that we used to use
in Radio Free Europe, Radio Liberty, those are the types of messages we
want to send to TV Marti. We have never accepted another country's
jamming of our surrogate broadcasting to be a reason to stop that
broadcasting. We should not do it in the case of Television Marti.
Mr. Chairman, I urge my colleagues to give the President of the
United States the opportunity to truly pursue his foreign policy goals.
If he believes, as he said to me in that letter and has said time and
time again, that it is in the national interests of the United States
to do so, he should be given that opportunity.
It is a fair compromise on this issue. We have had an independent
panel. They said we need the surrogate broadcasting. We should not let
this regime undermine our efforts. I urge my colleagues to support the
Diaz-Balart amendment.
{time} 1615
Mr. SKAGGS. Mr. Chairman, will the gentleman yield?
Mr. MENENDEZ. I yield to the gentleman from Colorado.
Mr. SKAGGS. Mr. Chairman, the gentleman again invokes the panel's
report. The panel was commissioned to find out whether anybody saw the
signal. They then went beyond that commission to come up with this
completely uncharged idea of going to UHF. I am sure the gentleman is
aware that the technical experts with our own broadcasters say UHF is
going to be easier to join than VHF.
Mr. MENENDEZ. Reclaiming my time, Mr. Chairman, that is not the
understanding I have.
Ms. ROS-LEHTINEN. Mr. Chairman, I move to strike the requisite number
of words.
I rise in strong support of the Diaz-Balart amendment that requires
the President to keep TV Marti operating if the President finds that it
is in the national interest of the United States to do so. Radio and TV
Marti have been invaluable tools to break through the information
monopoly that the Castro dictatorship uses as a weapon of repression
against the people of Cuba. Without the Marti's broadcast the Cuban
people would not have a source of independent objective news that they
would turn to in order to learn more about world events and about the
sad reality inside Cuba. The Cuban people need TV Marti.
The Castro regime was once again condemned just a few weeks ago by
the international journalist groups for its repression of independent
journalists who seek to report only the truth about the regime's
repression. Over and over we hear from these journalists and other
dissidents inside Cuba about the invaluable service that Radio and TV
Marti provide to the Cuban population for being a prime source of
objective news coverage. These are the same independent journalists who
are being brutally harassed daily by the Castro regime. Many are
subjected to the so-called repudiation acts, which are nothing more
than State-sponsored mobs who attack their homes. Others end up in
prison merely for reporting the truth about the dictatorship in Cuba.
TV Marti is supported by the U.S. Information Agency, including its
director, Joseph Duffey, who has been a strong proponent of its pro-
freedom, pro-democracy broadcast. USIA is working on changing the TV
Marti signal from VHF to UHF so that its power is increased into the
island and Castro's attempts at jamming its signal be further
prohibited.
For the Cuban people the TV broadcasts are a window to the outside
world denied to it by the Castro regime. Without Radio and TV Marti,
the Cuban people would never have known about the brutal attack by
Castro's thugs to the 13th of March tugboat where over 40 Cuban
refugees, mostly women and children, were indiscriminately murdered at
sea in Cuban territory. Without the TV and Radio Marti broadcast, the
Cuban people would be ignorant of the repression of the regime against
the church through the expulsion of priests and the harassment of those
who merely seek to worship in their religion. Without radio and TV
broadcasts, Mr. Chairman, Cubans would have no clue about the disaster
of the Cuban economy and about the exploitation by foreign companies of
the Cuban workers and the subjugation of independent trade unions under
Castro's slave economy. Without Radio and TV Marti's message of hope,
the suffering people of the island would be ignorant of the efforts in
this Congress to help them in their struggle to break the shackles of
tyranny that has enslaved Cuba sadly for over 38 years.
I do not believe this Congress is prepared to strip away that small
window of reality and that small ray of hope for the Cuban people, nor
are we willing to grant a propaganda victory to Fidel Castro by
eliminating this valuable service. The Radio and TV Marti broadcasts
have made a real difference in Cuba, just like other worldwide services
have done, like Radio Free Europe and Radio Liberty in the former iron
curtain of Eastern Europe. Let us not let the suffering people of Cuba
down, Mr. Chairman. Let us support this message of freedom broadcast
daily by TV Marti. I strongly support the Diaz-Balart TV Marti
amendment, and I hope that my colleagues will as well.
Mr. DEUTSCH. Mr. Chairman, I move to strike the last word.
The Skaggs amendment is clearly the wrong message at the wrong time.
We are seeing specific things almost on a weekly basis occurring in
Cuba which show the problems that the Castro regime is having. Internal
leadership in terms of fighting the regime, demonstrations where people
are literally putting their lives at risk on a weekly basis at the
present time. To stop what we are doing now, to make a U-turn, to make
a 90-degree turn in terms of the policies at the present time just does
not make any sense at all.
Let me focus in also on several specifics. One is the issue of the
UHF ability which has not yet been tested. It is an ability in terms of
having more people access to the station than exist today, but the
message regardless is, I am sure that any of my colleagues who are
supporting this amendment as they have spoken so eloquently already are
not supportive of the Castro regime, are not supportive of his goals,
are not supportive of his actions, but at the same time there is no
question that changing the existence of both Radio and TV Marti would,
in fact, support him in those goals. And I think the lesson of American
foreign policy over this century has been not that we have looked at
policies because they are easy, but because they are hard.
It will not be easy, it has not been easy to change the Castro
dictatorship, but I think that the specific things that we can see on
the ground are proving that the dictatorship's days are numbered, and I
think this Congress in its greatest hours will be able to say that we
were part of that in terms of the pressure that we have done through a
variety of actions, including existence of Television Marti.
Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, as my colleagues know, a lot of very honorable people
have gotten up to speak today, and I mean that sincerely. My only
problem with some of their comments is I really cannot believe they
believe what they are saying. This is at the minimum a major waste of
money. Last time I checked, nothing had really changed. TV Marti was
seen a couple of times in Cuba over the last many years, and one night
all we broadcasted was Popeye cartoons.
Mr. Chairman, Popeye cartoons in English may not be the message that
we are paying for to get across. I could question the choice of
cartoons; Tom and Jerry, the Cartoon Channel, might have been a better
choice. But here is the problem:
[[Page H3319]]
We were told some time ago that the reason we had to keep TV Marti
was because it was going to change the attitude of the Cuban people
that informed them of what goes on in this country and our desire to
inform them of what goes on in their country. Now, of course, they have
their own television, and now we have CNN there so I do not understand
why we need TV Marti.
And then last year or the year before, if my colleagues will recall,
at a major cost, which we still do not really know how much it costs,
but it was a lot of money, we were told that if we move Radio and TV
Marti's offices to Miami, somehow it would be closer and the signal
would be better or the quality of the work would be better or the
employee pool would be better. I do not know what would be better, but
we did it, and here we are again with the same situation: Nothing is
working.
Now we are told it is UHF. Now that is interesting. UHF versus VHF
versus cable channels; come on, this is a waste of time. What are we
going to do? Now next year, when we fail again at it, we are going to
say we now broadcast in 3-dimensional color and stereophonic sound, the
message will get across. The fact of life is that this is another
example of a miserable, misguided and totally improper policy on the
part of this country.
Mr. Chairman, if we really want to get closer to the Cuban people,
why do we not do what we did with the Soviet Union and other people? We
never stopped listening to their classical music. We never stopped
sending them our jazz and our rock and roll. We never stopped watching
their artists perform here. But with Cuba our desire is to totally
isolate them, isolate them until they come here begging for mercy and
screaming Uncle Sam.
Mr. Chairman, it is not working, and now we heard the gentleman from
Florida, a dear friend of ours, say that the regime, as he calls it,
moments are dwindling down to a few. I have been hearing this for 38
years, so I do not know what the few is that we are talking about.
My colleagues, the Skaggs amendment, which I speak on behalf of and
in favor of, is a good amendment. It is a fiscally sound amendment. The
gentleman from Colorado has to be commended for the fact that year
after year he is courageous enough to stand on this floor, suspecting
what the outcome of the vote may be, as others do, but knowing that
this is the right thing to do, to say that TV Marti is a waste of time,
a waste of dollars, and a bad policy.
Now anyone who is in the TV business or who understands electronics
will tell us that this approach serves no purpose because if indeed the
Government in Cuba wants to jam the signal, some people have told me
that we could jam the UHF signal much easier than we can any other
signal. So we are just buying into it.
Now, like I said before, we moved the offices to Miami, and that did
not work. I do not think we will be able to move them next year to
Havana so that we can get a closer signal into the island.
Please, if we sound somewhat sarcastic, it is because this is
ridiculous. But I would urge very much for my colleagues to defeat this
amendment and to bring back some sanity to this policy.
Mr. MENENDEZ. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from New Jersey.
Mr. MENENDEZ. Just a point about CNN.
Of course the gentleman understands that for CNN one needs a
satellite, and satellite dishes are illegal in Cuba, and therefore the
average Cuban cannot see a satellite transmission of CNN because they
do not have satellite dishes.
Mr. SERRANO. That is not true, and I am sorry to say that. CNN
happens to have been seen in Cuba year after year after year. It is
that way that the Cuban people get information about us.
No. 2, as the gentleman knows, before CNN could go to Cuba, it had to
get an OK from certain segments of the Cuban/American community that
they are doing----
Mr. MENENDEZ. If the gentleman would yield so I can deal with his
comment, the fact of the matter is in the fine hotels of Cuba, in which
people who are Cubans cannot go to, yes, a satellite opportunity is
there, and those who may work there receive it, but the average Cuban
cannot.
The CHAIRMAN. The time of the gentleman from New York [Mr. Serrano]
has expired.
(On request of Mr. Skaggs, and by unanimous consent, Mr. Serrano was
allowed to proceed for an additional minute.)
Mr. SERRANO. Mr. Chairman, my comment to the gentleman from New
Jersey is that no matter how we strike it, the fact of life is that CNN
is seen, has been seen and will be seen much more than TV Marti, and it
is wasted money, American dollars, is seen at this moment. And second,
since we are talking about fiscal austerity in this House, CNN is
probably financed. TV Marti comes out of my tax dollars and my
constituents' tax dollars, and I know the gentleman can make a better
argument for some expenditures rather than TV Marti.
Ms. ROS-LEHTINEN. Mr. Chairman, will the gentleman yield?
The CHAIRMAN. The time of the gentleman from New York [Mr. Serrano]
has expired.
(On request of Ms. Ros-Lehtinen, and by unanimous consent, Mr.
Serrano was allowed to proceed for 2 additional minutes.)
Ms. ROS-LEHTINEN. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentlewoman from Florida.
Ms. ROS-LEHTINEN. Mr. Chairman, my colleague brings up CNN, which is
totally ludicrous because the Cuban people are denied the basic food by
the Castro regime, he saves that for the tourists. CNN is broadcast in
the tourist hotels which by law the Cuban people cannot use. They
cannot use those pools, they cannot use the beaches by law. My
colleague is speaking about a broadcast that does not reach the Cuban
people, but I think the gentleman would be interested in knowing how
the journalists, including CNN, are treated in Cuba and this just came
through the wire today, and I will read it, the Reuter story.
Communist-ruled Cuba, whose own media is state-controlled, has
introduced new regulations for foreign media, including a stipulation
that accredited foreign journalists must be objective in their
reporting. And this is by Foreign Minister Roberto Robaina, one of
Castro's thugs. So he has now a form for these foreign journalists to
fill out, and I say to the gentleman who supports freedom for
journalist to please speak about this.
I would love to yield to my distinguished colleague to have him react
to how the Cuban regime treats journalists in Cuba.
Mr. SERRANO. It is my time, and first of all it is nice to hear the
gentlewoman quote statements that she has no facts to back up. The last
one, well I am sure CNN will deal with that issue and I am very
confident that CNN will get their way in doing what they have to do.
That is why they are there, that is why the community in Miami accepted
CNN and the Government accepted CNN, the fact that CNN will be unbiased
and will report properly, and I have no problems with CNN telling me
what is going on in Cuba because it will tell me what is bad about
Cuba, but I suspect for the first time CNN may tell me there are some
good things in Cuba which we have never been told by any of the Miami
journalists.
Ms. ROS-LEHTINEN. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentlewoman from Florida.
Ms. ROS-LEHTINEN. Would the gentleman please react to this new
directive by Castro's thug, Mr. Robaina, who wants new regulations for
foreign media?
{time} 1645
Mr. SERRANO. Well, we have regulations about how the media behaves in
this country.
Ms. ROS-LEHTINEN. Oh, so we are similar to Castro's Cuba, I see.
Mr. SERRANO. Mr. Chairman, we are not. The Foreign Minister has made
a statement, I am sure CNN will deal with it. I will be the first one
to say that CNN has all the rights available to them.
Mr. TAYLOR of Mississippi. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, in about 45 minutes I will be going back to the
Committee on National Security, where we will be
[[Page H3320]]
putting together the personnel portion of the national defense bill for
next year. I will hear the gentleman from Indiana [Mr. Buyer], the
chairman of the committee, say that we cannot fulfill the pledge to our
military retirees that they will be given health care for life, a
pledge that was made to them on the day they enlisted and a pledge that
was actually in Army recruiting brochures all the way into 1993,
because we do not have enough money.
My colleague from Indiana will say that we cannot fund the youth
challenge program run by the National Guard that takes high school
dropouts, who in all probability would have ended up in the prison
system, runs them through a 20-week boot camp-like environment in a
number of States across the Nation, and has a 99-percent success ratio
of taking these kids who would have gone to prison and getting them in
school, getting them a GED, getting them a job, and in many instances
they join the Armed Forces. Some of them do all three: Become a
reservist, go to school, and get a job upon graduation. A 99-percent
success ratio. That will be cut by $30 million because my Republican
colleague will say we do not have enough money.
There will be 13,000 U.S. marines, airmen, soldiers, and sailors who
this year will be able to apply for and receive food stamps because
they do not make enough money from the pay that we give them, and yet
they will only get a 2.8-percent increase. Now, if one is a Congressman
or a President, 2.8 percent of one's salary is a lot of money. But if
you are an E-1 or an E-2 or an E-3 or an E-4, and over half of all of
the United States marines are E-4 or below, 2.8-percent of the very
small salary you have is a minuscule pay raise. It is about $20 or $30
a month. This is an additional box of Pampers for one of your children.
Mr. Chairman, we are going to be told we cannot help our own, but we
can spend $10 million to broadcast a signal that is jammed, going into
a country that has daily trade relations with Mexico, the same folks
who a couple of years ago my colleagues on the other side said we
should open our borders to through NAFTA, the same folks my colleagues
on the other side said we ought to send our factories to through NAFTA.
If I recall, just about 2 years ago right now on this same House
floor we heard people denounce great programs like ``Sesame Street,''
great programs like ``Mr. Rogers,'' about the only thing on television
that is worthwhile for a child to watch, saying that the Government
should not be in the business of educating children through television.
Well, heck, if we are not about educating American kids through
television, what on Earth are we doing trying to broadcast a signal to
another country that has free relations with Mexico to the south of us,
with Canada to the north of us, that is jammed, at the expense of $10
million a year.
If my colleagues do not know what to do with that $10 million, I have
a bunch of high school dropouts that I can keep out of prison and make
good soldiers out of. I have a bunch of military retirees that we can
fulfill the promise of lifelong health care with that money. And I have
about 13,000 U.S. marines, U.S. airmen, U.S. Navy personnel, U.S. Army
personnel, that we could pay them a slightly better wage with that
money, rather than the pittance and the food stamp-eligible wages they
are getting now.
The gentleman from Colorado [Mr. Skaggs] is merely saying that in a
time when we are trying to reduce Federal spending, should we not
prioritize what we have left on Americans? When my Republican
colleagues say that there are some things that Government should not do
because the private sector could do it better, well, maybe this is one
of them, because obviously what we are doing as a nation is not
working. And $10 million is a heck of a lot of money, could help a heck
of a lot of young people stay out of prison, help a heck of a lot of
military retirees get the health care that they deserve, or pay those
fine young sailors who are at sea 180 days a year, fine young airmen
who are away from their families a minimum of 120 days a year, or fine
young soldiers who are away from their families a minimum of 160 days a
year. Support the Skaggs amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida [Mr. Diaz-Balart] to the amendment offered by
the gentleman from Colorado [Mr. Skaggs].
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. SKAGGS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
Announcement by the Chairman
Pursuant to House Resolution 159 and clause 2 of rule XXIII, the
Chair announces that he may reduce to not less than 5 minutes the time
for any electronic vote, if ordered, on the amendment offered by the
gentleman from Colorado [Mr. Skaggs], and on the amendment offered by
the gentleman from Indiana [Mr. Hamilton] on which further proceedings
were postponed.
The vote was taken by electronic device, and there were--ayes 271,
noes 155, not voting 8, as follows:
[Roll No. 159]
YEAS--271
Ackerman
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blunt
Boehner
Bonilla
Bono
Boswell
Boyd
Brady
Brown (FL)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Clement
Coburn
Collins
Combest
Condit
Cook
Cooksey
Cox
Coyne
Crane
Crapo
Cubin
Cunningham
Davis (FL)
Davis (IL)
Davis (VA)
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Everett
Ewing
Fawell
Foley
Forbes
Ford
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hinojosa
Hobson
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kim
King (NY)
Kingston
Klink
Klug
Knollenberg
Kolbe
Kucinich
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lucas
Maloney (NY)
Manton
Manzullo
Mascara
McCarthy (NY)
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Meek
Menendez
Metcalf
Mica
Miller (FL)
Molinari
Moran (KS)
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Oxley
Packard
Pallone
Pappas
Pascrell
Pastor
Paxon
Pease
Peterson (MN)
Peterson (PA)
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Reyes
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sessions
Shadegg
Shaw
Shays
Sherman
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Snyder
Solomon
Souder
Spence
Spratt
Stabenow
Stearns
Strickland
Stump
Stupak
Sununu
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Traficant
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wexler
White
Wicker
Wise
Wolf
Wynn
Young (AK)
Young (FL)
NAYS--155
Abercrombie
Allen
Baesler
Baldacci
Barcia
Barrett (WI)
Bartlett
Becerra
Berman
Blumenauer
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Capps
Cardin
Carson
Christensen
Clay
Clayton
Clyburn
Coble
Conyers
Costello
Cramer
Cummings
Danner
Deal
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Dicks
Dingell
Dixon
Doggett
Dooley
Eshoo
Etheridge
Evans
Fattah
Filner
Flake
Foglietta
Frank (MA)
Furse
Ganske
Gejdenson
Gonzalez
Goode
Hall (TX)
Hamilton
Harman
Hefner
[[Page H3321]]
Hilliard
Hinchey
Hoekstra
Hooley
Jackson (IL)
Johnson (WI)
Kanjorski
Kennedy (MA)
Kennelly
Kildee
Kilpatrick
Kind (WI)
Kleczka
LaFalce
Lampson
Lewis (GA)
Lofgren
Lowey
Luther
Maloney (CT)
Markey
Martinez
Matsui
McCarthy (MO)
McDermott
McGovern
McHale
McIntyre
McKinney
Meehan
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran (VA)
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Parker
Paul
Payne
Pelosi
Petri
Pickett
Poshard
Price (NC)
Rahall
Rangel
Regula
Rivers
Rodriguez
Roemer
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Sensenbrenner
Serrano
Shimkus
Shuster
Skaggs
Slaughter
Smith, Adam
Stark
Stenholm
Stokes
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tierney
Torres
Towns
Turner
Upton
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weygand
Whitfield
Woolsey
Yates
NOT VOTING--8
Andrews
Farr
Fazio
Jefferson
Lantos
Pickering
Pomeroy
Schiff
{time} 1713
Messrs. CHRISTENSEN, HALL of Texas, STENHOLM, BARTLETT of Maryland,
HOEKSTRA, NADLER, and TIERNEY changed their vote from ``aye'' to
``no.''
Mr. WYNN, Mr. PALLONE, Ms. EDDIE BERNICE JOHNSON of Texas, and Mr.
HOLDEN changed their vote from ``no'' to ``aye.''
So the amendment to the amendment was agreed to.
The result of the vote was announced as above recorded.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado [Mr. Skaggs], as amended.
The amendment, as amended, was agreed to.
Amendment Offered by Mr. Hamilton
The CHAIRMAN. The pending business is the request for a recorded vote
on the amendment offered by the gentleman from Indiana [Mr. Hamilton]
on which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 202,
noes 224, not voting 8, as follows:
[Roll No. 160]
AYES--202
Abercrombie
Ackerman
Allen
Baesler
Baldacci
Barcia
Barrett (WI)
Bentsen
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
Davis (VA)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Goode
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Hoyer
Jackson (IL)
Jackson-Lee (TX)
John
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran (VA)
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Serrano
Sherman
Sisisky
Skaggs
Skelton
Slaughter
Smith, Adam
Snyder
Spratt
Stabenow
Stark
Stenholm
Stokes
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tierney
Torres
Towns
Turner
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wynn
Yates
NOES--224
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crane
Crapo
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Granger
Greenwood
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King (NY)
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moran (KS)
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oxley
Packard
Pappas
Parker
Paul
Paxon
Pease
Peterson (PA)
Petri
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stump
Sununu
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Traficant
Upton
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
NOT VOTING--8
Andrews
Becerra
Farr
Jefferson
Lantos
Martinez
Pickering
Schiff
{time} 1723
Mrs. KELLY and Mr. CALLAHAN changed their vote from ``aye'' to
``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. Are there further amendments to title XI?
Amendment Offered by Mr. Smith of New Jersey
Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Smith of New Jersey:
Page 96, lines 8 and 9, strike $334,655,000'' both places
it appears and insert ``$344,655,000'' and ``$341,655,000''
respectively.
Page 96, lines 21 and 22, strike ``30,000,000'' both places
it appears and insert ``40,000,000'' and ``33,000,000''
respectively.
Page 96, lines 24 and 25, strike ``10,000,000'' both places
it appears and insert ``$30,000,000''.
Add at the end of Title XI:
SEC. .
(a) It is the sense of Congress that the United States
broadcasting through Radio Free Asia and Voice of America
increase to continuous, 24-hour broadcasting in Mandarin,
Cantonese, Tibetan, and that broadcasting in additional
Chinese dialects be increased.
(b) Within 90 days of enactment of this Act, the President
shall report to the Congress on a plan to achieve continuous
broadcasting in Asia.
Mr. SMITH of New Jersey (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
[[Page H3322]]
The CHAIRMAN. Is there objection to the request of the gentleman from
New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Chairman, this amendment--which I
believe should have and will get the support of a very large,
bipartisan number of Members of this House--would boost the amount of
money for Radio Free Asia by $40 million to provide for 24-hour
broadcasting. That is the hope here.
We will soon be voting on the very contentious issue of most-favored-
nation status for China. There are many, many good Members who care
deeply about human rights in China who will take a different position
than I take, and others like me who believe that we ought to link MFN
to human rights. This amendment is something on which we can come
together and have a consensus. This is an area, with regard to human
rights and freedom broadcasting, where I believe we can all come
together and say: Let us be absolutely serious about getting the
message of freedom into China and into some of the other countries
where freedom does not flourish.
As I think Members know, Radio Free Asia was authorized in 1994. It
was finally up and running as of last year. We have provided $10
million per year in the bill for new broadcasting to China, Vietnam,
Korea, Tibet, and Burma. And soon, I am happy to say, we will be in
Laos and Cambodia as well. These efforts are very, very popular among
those who care about democracy.
This new money would allow, as I indicated earlier, 24-hour-a-day
broadcasting. Currently we are only broadcasting 8 hours a day. And
again this is surrogate broadcasting. This is giving people information
about what is going on in their own country. We all know that under the
Communist dictatorship in China, and in some of these other countries,
the flow of information is largely circumscribed by the government.
This amendment gives us an opportunity to get the information into the
country. Surrogate broadcasting has been very successful where it has
been used.
{time} 1730
Now, let us be deadly serious about Radio Free Asia. This amendment
has the strong support of many, including the Speaker. After his recent
trip to China, he came back very much energized about this Congress
doing more. We ought to do more. This amendment will do that.
In terms of where the money comes from, our bill is about $200
million below the administration request. That is where the money comes
from. So we are meeting our targets there. Matter of fact, I, along
with some of the Members on the other side of the aisle, would like to
see some of the other accounts beefed up--and I am looking at the
gentleman from California, [Mr. Berman] because we have worked together
on some of these issues in the past, and we will do so again as we move
to conference. So this amendment would be fully funded.
Having said that, I do hope we will have broad bipartisan support for
this.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey [Mr. Smith].
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to title XI?
If not, the Clerk will designate title XII.
The text of title XII is as follows:
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 1201. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
(a) In General.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read
as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--(1) There is established a program
for the payment of rewards to carry out the purposes of this
section.
``(2) The rewards program established by this section shall
be administered by the Secretary of State, in consultation,
where appropriate, with the Attorney General.
``(b) Purpose.--(1) The rewards program established by this
section shall be designed to assist in the prevention of acts
of international terrorism, international narcotics
trafficking, and other related criminal acts.
``(2) At the sole discretion of the Secretary of State and
in consultation, as appropriate, with the Attorney General,
the Secretary may pay a reward to any individual who
furnishes information leading to--
``(A) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a United States person or United States
property;
``(B) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or
United States property;
``(C) the arrest or conviction in any country of any
individual for committing, primarily outside the territorial
jurisdiction of the United States, any narcotics-related
offense if that offense involves or is a significant part of
conduct that involves--
``(i) a violation of United States narcotics laws and which
is such that the individual would be a major violator of such
laws; or
``(ii) the killing or kidnapping of--
``(I) any officer, employee, or contract employee of the
United States Government while such individual is engaged in
official duties, or on account of that individual's official
duties, in connection with the enforcement of United States
narcotics laws or the implementing of United States narcotics
control objectives; or
``(II) a member of the immediate family of any such
individual on account of that individual's official duties,
in connection with the enforcement of United States narcotics
laws or the implementing of United States narcotics control
objectives; or
``(iii) an attempt or conspiracy to commit any of the acts
described in clause (i) or (ii); or
``(D) the arrest or conviction in any country of any
individual aiding or abetting in the commission of an act
described in subparagraphs (A) through (C); or
``(E) the prevention, frustration, or favorable resolution
of an act described in subparagraphs (A) through (C).
``(c) Coordination.--(1) To ensure that the payment of
rewards pursuant to this section does not duplicate or
interfere with the payment of informants or the obtaining of
evidence or information, as authorized to the Department of
Justice, the offering, administration, and payment of rewards
under this section, including procedures for--
``(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) offering of joint rewards with foreign governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
``(2) Before making a reward under this section in a matter
over which there is Federal criminal jurisdiction, the
Secretary of State shall advise and consult with the Attorney
General.
``(d) Funding.--(1) There is authorized to be appropriated
to the Department of State from time to time such amounts as
may be necessary to carry out the purposes of this section,
notwithstanding section 102 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
93).
``(2) No amount of funds may be appropriated which, when
added to the amounts previously appropriated but not yet
obligated, would cause such amounts to exceed $15,000,000.
``(3) To the maximum extent practicable, funds made
available to carry out this section should be distributed
equally for the purpose of preventing acts of international
terrorism and for the purpose of preventing international
narcotics trafficking.
``(4) Amounts appropriated to carry out the purposes of
this section shall remain available until expended.
``(e) Limitation and Certification.--(1) A reward under
this section may not exceed $2,000,000.
``(2) A reward under this section of more than $100,000 may
not be made without the approval of the President or the
Secretary of State.
``(3) Any reward granted under this section shall be
approved and certified for payment by the Secretary of State.
``(4) The authority of paragraph (2) may not be delegated
to any other officer or employee of the United States
Government.
``(5) If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipient's
immediate family must be protected, the Secretary may take
such measures in connection with the payment of the reward as
he considers necessary to effect such protection.
``(f) Ineligibility.--An officer or employee of any
governmental entity who, while in the performance of his or
her official duties, furnishes information described in
subsection (b) shall not be eligible for a reward under this
section.
``(g) Reports.--(1) Not later than 30 days after paying any
reward under this section, the Secretary of State shall
submit a report to the appropriate congressional committees
with respect to such reward. The report, which may be
submitted on a classified basis if necessary, shall specify
the amount of the reward paid, to whom the reward was paid,
and the acts with respect to which the reward was paid. The
report shall also discuss the significance of the information
for which the reward was paid in dealing with those acts.
[[Page H3323]]
``(2) Not later than 60 days after the end of each fiscal
year, the Secretary of State shall submit an annual report to
the appropriate congressional committees with respect to the
operation of the rewards program authorized by this section.
Such report shall provide information on the total amounts
expended during such fiscal year to carry out the purposes of
this section, including amounts spent to publicize the
availability of rewards.
``(h) Publication Regarding Rewards Offered by Foreign
Governments.--Notwithstanding any other provision of this
section, at the sole discretion of the Secretary of State the
resources of the rewards program authorized by this section,
shall be available for the publication of rewards offered by
foreign governments regarding acts of international terrorism
which do not involve United States persons or property or a
violation of the narcotics laws of the United States.
``(i) Definitions.--As used in this section--
``(1) the term `appropriate congressional committees' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
``(2) the term `act of international terrorism' includes,
but is not limited to--
``(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
section 830(8) of the Nuclear Proliferation Prevention Act of
1994) or any nuclear explosive device (as defined in section
830(4) of that Act) by an individual, group, or non-nuclear
weapon state (as defined in section 830(5) of that Act); and
``(B) any act, as determined by the Secretary of State,
which materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary instruments by
an individual, group, or country supporting international
terrorism as determined for purposes of section 6(j) of the
Export Administration Act of 1979;
``(3) the term `United States narcotics laws' means the
laws of the United States for the prevention and control of
illicit traffic in controlled substances (as such term is
defined for purposes of the Controlled Substances Act); and
``(4) the term `member of the immediate family' includes--
``(A) a spouse, parent, brother, sister, or child of the
individual;
``(B) a person to whom the individual stands in loco
parentis; and
``(C) any other person living in the individual's household
and related to the individual by blood or marriage.
``(j) Determinations of the Secretary.--A determination
made by the Secretary of State under this section shall be
final and conclusive and shall not be subject to judicial
review.''.
(b) Use of Earnings From Frozen Assets for Program.--
(1) Amounts to be made available.--Up to 2 percent of the
earnings accruing, during periods beginning October 1, 1998,
on all assets of foreign countries blocked by the President
pursuant to the International Emergency Powers Act (50 U.S.C.
1701 and following) shall be available, subject to
appropriations Acts, to carry out section 36 of the State
Department Basic Authorities Act, as amended by this section,
except that the limitation contained in subsection (d)(2) of
such section shall not apply to amounts made available under
this paragraph.
(2) Control of funds by the president.--The President is
authorized and directed to take possession and exercise full
control of so much of the earnings described in paragraph (1)
as are made available under such paragraph.
SEC. 1202. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a) by inserting ``and enhancement''
after ``procurement'';
(2) in subsection (c) by striking ``are authorized to'' and
inserting ``shall'';
(3) in subsection (d) by striking ``for expenditure to
procure capital equipment and information technology'' and
inserting in lieu thereof ``for purposes of subsection (a)'';
and
(4) by amending subsection (e) to read as follows:
``(e) Reprogramming Procedures.--Funds credited to the
Capital Investment Fund shall not be available for obligation
or expenditure except in compliance with the procedures
applicable to reprogrammings under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2710).''.
SEC. 1203. REDUCTION OF REPORTING.
(a) Report on Foreign Service Personnel in Each Agency.--
Section 601(c)(4) of the Foreign Service Act of 1980 (22
U.S.C. 4001(c)(4)) is repealed.
(b) Report on Participation by U.S. Military Personnel
Abroad in U.S. Elections.--Section 101(b)(6) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(6)) is amended by striking ``of voter
participation'' and inserting ``of uniformed services voter
participation, a general assessment of overseas nonmilitary
participation,''.
(c) Country Reports on Economic Policy and Trade
Practices.--Section 2202 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4711) is repealed.
(d) Annual Report on Social and Economic Growth.--Section
574 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (Public Law 104-107) is
repealed.
(e) Report.--Section 308 of the Chemical and Biological
Weapons and Warfare Elimination Act of 1991 (22 U.S.C. 5606)
is repealed.
SEC. 1204. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.
Section 136(c) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) in evaluating proposals for such contracts, award
contracts to the technically acceptable firm offering the
lowest evaluated price, except that proposals of United
States persons and qualified United States joint venture
persons (as defined in subsection (d)) shall be evaluated by
reducing the bid price by 5 percent;'';
(2) by inserting ``and'' at the end of paragraph (5);
(3) by striking ``; and'' at the end of paragraph (6) and
inserting a period; and
(4) by striking paragraph (7).
SEC. 1205. PREADJUDICATION OF CLAIMS.
Section 4(a) of the International Claims Settlement Act (22
U.S.C. 1623(a)) is amended--
(1) in the first sentence by striking ``1948, or'' and
inserting ``1948,'';
(2) by inserting before the period at the end of the first
sentence ``, or included in a category of claims against a
foreign government which is referred to the Commission by the
Secretary of State''; and
(3) in paragraph (1) by striking ``the applicable'' and
inserting ``any applicable''.
SEC. 1206. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) is
amended in the fifth undesignated paragraph under the heading
entitled ``international fisheries commission'' by striking
``extraordinary''.
(b) Procurement of Services.--Section 38(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c))
is amended in the first sentence by inserting ``personal
and'' before ``other support services''.
SEC. 1207. ESTABLISHMENT OF FEE ACCOUNT AND PROVIDING FOR
PASSPORT INFORMATION SERVICES.
(a) Disposition of Fees.--Amounts collected by the
Department of State pursuant to section 281 of the
Immigration and Nationality Act (8 U.S.C. 1351), section 1 of
the Passport Act of June 4, 1920 (22 U.S.C. 214), section 16
of the Act of August 18, 1856 (22 U.S.C. 4219), and section
9701 of title 31, United States Code, shall be deposited in a
special fund of the Treasury.
(b) Use of Funds.--Subject to subsections (d) and (e),
amounts collected and deposited in the special fund in the
Treasury pursuant to subsection (a) shall be available to the
extent and in such amounts as are provided in advance in
appropriations Acts for the following purposes:
(1) To pay all necessary expenses of the Department of
State and the Foreign Service, including expenses authorized
by the State Department Basic Authorities Act of 1956.
(2) Representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress.
(3) Acquisition by exchange or purchase of passenger motor
vehicles as authorized by section 1343 of title 31, United
States Code, section 201(c) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481(c)), and
section 7 of the State Department Basic Authorities Act (22
U.S.C. 2674).
(4) Expenses of general administration of the Department of
State.
(5) To carry out the Foreign Service Buildings Act of 1926
(22 U.S.C. 292-300) and the Diplomatic Security Construction
Program as authorized by title IV of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (22 U.S.C. 4851).
(c) Availability of Funds.--Amounts collected and deposited
in the special fund pursuant to subsection (a) are authorized
to remain available until expended.
(d) Limitation.--For any fiscal year, any amount deposited
in the special fund under subsection (a) that exceeds
$455,000,000 is authorized to be made available only if a
notification is submitted in compliance with the procedures
applicable to a reprogramming of funds under section 34 of
the State Department Basic Authorities Act of 1956.
(e) Passport Information Services.--For each of the fiscal
years 1998 and 1999, $5,000,000 of the amounts available in
the fund shall be available only for the purpose of providing
passport information without charge to citizens of the United
States, including--
(1) information about who is eligible to receive a United
States passport and how and where to apply;
(2) information about the status of pending applications;
and
(3) names, addresses, and telephone numbers of State and
Federal officials who are authorized to provide passport
information in cooperation with the Department of State.
SEC. 1208. ESTABLISHMENT OF MACHINE READABLE FEE ACCOUNT.
Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by redesignating paragraph (4) as paragraph (6);
[[Page H3324]]
(2) by striking paragraph (5);
(3) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Amounts collected under the authority of paragraph
(1) shall be deposited in a special fund of the Treasury.
``(3) Subject to paragraph (5), fees deposited in the
special fund pursuant to paragraph (2) shall be available to
the extent and in such amounts as are provided in advance in
appropriations Acts for 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).
``(4) Amounts deposited pursuant to paragraph (2) shall
remain available for obligation until expended.
``(5) For any fiscal year, any amount collected pursuant to
the authority of paragraph (1) that exceeds $140,000,000 is
authorized to be made available only if a notification is
submitted in compliance with the procedures applicable to a
reprogramming of funds under section 34 of the State
Department Basic Authorities Act of 1956.''.
SEC. 1209. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS
REGISTRATION FEES.
Section 45(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2717(a)) is amended--
(1) by striking ``$700,000 of the'' and inserting ``all'';
(2) at the end of paragraph (1) by striking ``and'';
(3) in paragraph (2)--
(A) by striking ``functions'' and inserting ``functions,
including compliance and enforcement activities,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following new paragraph (3):
``(3) the enhancement of defense trade export compliance
and enforcement activities to include compliance audits of
United States and foreign parties, the conduct of
administrative proceedings, end-use monitoring of direct
commercial arms sales and transfer, and cooperation in
criminal proceedings related to defense trade export
controls.''.
SEC. 1210. TRAINING.
(a) Institute for Training.--Section 701 of the Foreign
Service Act of 1980 (22 U.S.C. 4021) is amended--
(1) by redesignating subsection (d)(4) as subsection (g);
and
(2) by inserting after paragraph (3) of subsection (d) the
following new subsections:
``(e)(1) The Secretary of State may, in the discretion of
the Secretary, provide appropriate training and related
services through the institution to employees of United
States companies engaged in business abroad, and to the
families of such employees.
``(2) In the case of any company under contract to provide
services to the Department of State, the Secretary of State
is authorized to provide job-related training and related
services to any company employee who is performing such
services.
``(3) Training under this subsection shall be on a
reimbursable or advance-of-funds basis. Such reimbursements
or advances shall be credited to the currently available
applicable appropriation account.
``(4) Training and related services under this subsection
is authorized only to the extent that it will not interfere
with the institution's primary mission of training employees
of the Department and of other agencies in the field of
foreign relations.
``(f)(1) The Secretary of State is authorized to provide on
a reimbursable basis training programs to Members of Congress
or the judiciary.
``(2) Congressional staff members and employees of the
judiciary may participate on a reimbursable, space-available
basis in training programs offered by the institution.
``(3) Reimbursements collected under this subsection shall
be credited to the currently available applicable
appropriation account.
``(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department of
State and of other agencies in the field of foreign
relations.''.
(b) Fees for Use of National Foreign Affairs Training
Center.--The State Department Basic Authorities Act of 1956
(22 U.S.C. 2669 et seq.) is amended by adding after section
52 the following new section:
``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS
TRAINING CENTER.
``The Secretary is authorized to charge a fee for use of
the National Foreign Affairs Training Center Facility of the
Department of State. Funds collected under the authority of
this section, including reimbursements, surcharges, and fees,
shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of
such use and shall remain available for obligation until
expended.''.
SEC. 1211. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
The State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding after section 53
(as added by section 1210(b)) the following new section:
``SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
``The Secretary of State is authorized to charge a fee for
use of the diplomatic reception rooms of the Department of
State. Amounts collected under the authority of this section
(including any reimbursements and surcharges) shall be
deposited as an offsetting collection to any Department of
State appropriation to recover the costs of such use and
shall remain available for obligation until expended.''.
SEC. 1212. FEES FOR COMMERCIAL SERVICES.
Section 52 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2724) is amended in subsection (b) by adding
at the end the following: ``Funds deposited under this
subsection shall remain available for obligation until
expended.''.
SEC. 1213. BUDGET PRESENTATION DOCUMENTS.
The Secretary of State shall include in the annual
Congressional Presentation Document and the Budget in Brief,
a detailed accounting of the total collections received by
the Department of State from all sources, including fee
collections. Reporting on total collections shall also
include the previous year's collection and the projected
expenditures from all collections accounts.
SEC. 1214. GRANTS TO OVERSEAS EDUCATIONAL FACILITIES.
Section 29 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2701) is amended by adding at the end the
following: ``Notwithstanding any other provision of law,
where the children of United States citizen employees of an
agency of the United States Government who are stationed
outside the United States attend educational facilities
assisted by the Department of State under this section, such
agency is authorized to make grants to, or otherwise to
reimburse or credit with advance payment, the Department of
State for funds used in providing assistance to such
educational facilities.''.
SEC. 1215. GRANTS TO REMEDY INTERNATIONAL CHILD ABDUCTIONS.
(a) Grant Authority.--Section 7 of the International Child
Abduction Remedies Act (42 U.S.C. 11606; Public Law 100-300)
is amended by adding at the end the following new subsection:
``(e) Grant Authority.--The United States Central Authority
is authorized to make grants to, or enter into contracts or
agreements with, any individual, corporation, other Federal,
State, or local agency, or private entity or organization in
the United States for purposes of accomplishing its
responsibilities under the convention and this Act.''.
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 1241. USE OF CERTAIN PASSPORT PROCESSING FEES FOR
ENHANCED PASSPORT SERVICES.
For each of the fiscal years 1998 and 1999, of the fees
collected for expedited passport processing and deposited to
an offsetting collection pursuant to the Department of State
and Related Agencies Appropriations Act for Fiscal Year 1995
(Public Law 103-317; 22 U.S.C. 214), 30 percent shall be
available only for enhancing passport services for United
States citizens, improving the integrity and efficiency of
the passport issuance process, improving the secure nature of
the United States passport, investigating passport fraud, and
deterring entry into the United States by terrorists, drug
traffickers, or other criminals.
SEC. 1242. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Birth Abroad.--
Section 33 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2705) is amended in paragraph (2) by
inserting ``(or any United States citizen employee of the
Department of State designated by the Secretary of State to
adjudicate nationality abroad pursuant to such regulations as
the Secretary may prescribe)'' after ``consular officer''.
(b) Provisions Applicable to Consular Officers.--Section
1689 of the Revised Statutes of the United States (22 U.S.C.
4191), is amended by inserting ``and to such other United
States citizen employees of the Department of State as may be
designated by the Secretary of State pursuant to such
regulations as the Secretary may prescribe'' after ``such
officers''.
(c) Persons Authorized to Authenticate Foreign Documents.--
Section 3492(c) of title 18, United States Code, is amended
by adding at the end the following: ``For purposes of this
section and sections 3493 through 3496 of this title, a
consular officer shall include any United States citizen
employee of the Department of State designated to perform
notarial functions pursuant to section 24 of the Act of
August 18, 1856 (Rev. Stat. 1750, 22 U.S.C. 4221).''.
(d) Persons Authorized to Administer Oaths.--Section 115 of
title 35, United States Code, is amended by adding at the end
the following: ``For purposes of this section a consular
officer shall include any United States citizen employee of
the Department of State designated to perform notarial
functions pursuant to section 24 of the Act of August 18,
1856 (Rev. Stat. 1750, 22 U.S.C. 4221).''.
SEC. 1243. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.
Sections 1726, 1727, and 1728 of the Revised Statutes of
the United States (22 U.S.C. 4212, 4213, and 4214)
(concerning accounting for consular fees) are repealed.
[[Page H3325]]
SEC. 1244. ELIMINATION OF DUPLICATE PUBLICATION REQUIREMENTS.
(a) Federal Register Publication of Travel Advisories.--
Section 44908(a) of title 49, United States Code, is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(b) Publication in the Federal Register of Travel
Advisories Concerning Security at Foreign Ports.--Section
908(a) of the International Maritime and Port Security Act of
1986 (Public Law 99-399; 100 Stat. 891; 46 U.S.C. App.
1804(a)) is amended by striking the second sentence.
CHAPTER 3--REFUGEES AND MIGRATION
SEC. 1261. 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.
SEC. 1262. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE
FUNDS.
Section 34 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706) is amended by adding at the end the
following new subsection:
``(c) Emergency Waiver of Notification Requirement.--The
Secretary of State may waive the notification requirement of
subsection (a), if the Secretary determines that failure to
do so would pose a substantial risk to human health or
welfare. In the case of any waiver under this subsection,
notification to the appropriate congressional committees
shall be provided as soon as practicable, but not later than
3 days after taking the action to which the notification
requirement was applicable, and shall contain an explanation
of the emergency circumstances.''.
The CHAIRMAN. Are there any amendments to title XII?
Amendment Offered by Mr. BACHUS
Mr. BACHUS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Bachus:
At the end of chapter 1 of title XII (relating to
Department of State authorities and activities) insert the
following new section:
SEC. 1221. REPORT ON OVERSEAS SURPLUS PROPERTIES.
(A) Report to Congress.--Not later than March 1 of each
year, the Secretary of State shall submit to the Congress a
report listing overseas United States surplus properties for
sale.
(b) Use of Funds Received From Sale of Overseas Surplus
Properties.--Notwithstanding any other provision of law,
amounts received by the United States from the sale of any
overseas United States surplus property shall be deposited in
the Treasury of the United States to be used to reduce the
deficit.
Mr. BACHUS. Mr. Chairman, I have heard my colleagues here today talk
about saving $10 million and saving $30 million and making priorities,
and I commend them for that. This amendment will save the taxpayers of
the United States, the American people, as much as a half a billion
dollars. We are not talking about $10 million, we are not talking about
$20 million.
Mr. Chairman, today our Government, the State Department, owns over 1
billion, well, actually, over $10 billion, and I keep missing that, it
is more than that, it is $100 billion in property overseas. Of that, as
much as $1 billion is considered to be excess surplus property. This
includes an orange grove in Morocco that is being used by the King of
Morocco; it includes a $12 million mansion in Bermuda that our State
Department says is ostentatious, to use their own inspector general's
words; in Tanzania they have closed our post there but we still own the
property. A billion dollars' worth of surplus property out there.
Now, this Congress has sort of dabbled in this. They have tried to
address this and they have asked the State Department to form a panel
to make some recommendations, but I would say to this body that we do
not need a recommendation on this $467 million that the State
Department 2 years ago already told this Congress was unneeded,
unnecessary surplus land.
What my amendment does, it says that by March 1 they will list all of
this land and that they will start selling this surplus property and
that those savings will go into the deficit.
Now, there may be some Member here that says, well, if they sell this
surplus, unnecessary, unused property, why do we not let them keep the
money. I would say that that would be giving them money that they do
not need. They come before this Congress, and if they need $4 million
to build a building in Germany, then they ask for an appropriation.
Last year we gave the State Department over $400 million to build new
buildings and to buy property in foreign countries and we are
appropriating a like amount this year.
This is surplus property. This is property that should go back to the
deficit. It ought to be used by Americans. It ought to be used here at
home. We do not need an orange grove used by the King of Morocco, we do
not need a $12 million mansion that the State Department says is
unneeded and is a luxury we cannot afford in these days of a budget
crisis. We need to really set our priorities. We need to get serious
about this.
When we talk about our soldiers, our enlisted men that may not get a
2.8-percent raise, we are talking about millions of dollars, but here
we are talking about saving $1 billion. I would much rather sell some
land that this Government owns in Bangkok, which is not being used,
that they have had for 8 or 9 years, and give that money for something
worthy; either return it to the taxpayers, pay it on the deficit or
apply it to things that the American people really need.
I can continue to go down this list. I can continue to cite examples,
but I would say this to the Members. We asked the GAO to review this
thing 2 years ago and to report back to us, and they have come back and
in this report they have said that the State Department, by their own
admission, has 460 million dollars' worth of surplus land and property.
Mr. SMITH of New Jersey. Mr. Chairman, I reluctantly rise in
opposition to the amendment, and let me say that I have a deep respect
for the gentleman from Alabama [Mr. Bachus] and I think he does a
service in bringing this issue to the floor.
I chair the subcommittee that oversees the State Department and we
have held a hearing in which I have asked a number of questions that go
right to the heart of this issue of these excess properties. I do
believe that the Department of State should be more aggressive in the
disposition of those properties that are either excessive or no longer
needed.
This provision is not necessary, however, because of the actions
taken in the conference report for Commerce, Justice, and State
Department appropriations for fiscal year 1997, in which the Department
was directed to professionalize their asset management. The Department
has set up a real estate advisory committee, bringing additional
expertise on asset management, and the Department is committed to
funding capital projects with assets from those sales.
I would also point out, and I believe this very strongly, that
changing the current law to have proceeds revert to the Treasury might
act, however unwittingly, as a disincentive to the Department to
dispose of those assets. So we would have an unintentional consequence
as a result.
Furthermore, the proceeds are used for facility maintenance,
improvement, buildings and purchasing. This reduces the need for
additional appropriations for this purpose.
I appreciate again what the gentleman is attempting to do, and I
would like to assure them that our subcommittee will be vigorous in its
oversight. And just raising this issue again on this floor, and his
amendment may indeed win, but even if he does not, he has done a
service in bringing this issue and bringing some scrutiny and light to
the issue.
Mr. BACHUS. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from Alabama.
Mr. BACHUS. Mr. Chairman, let me point out to this body that the
State Department has been urged by this Congress to sell this property
for 10 years, and from 1990 to 1995 they only sold about $150 million
worth of property. The biggest piece of property that they sold, which
was a $49 million piece of property in Singapore, they only sold
because the Singapore government needed it for a road and actually
condemned that land and compelled that sale. A $49 million piece of
property in Singapore that our embassy did not need.
[[Page H3326]]
A residence costing $92 million in Japan, which we are using as a
residence for one of our mission members over there. Ninety-two
million. How do we say to the American people that we are housing some
of our foreign operations people, that we are using a $92 million piece
of property to house someone in the foreign ministry, yet we turn down
requests for $10 million and $20 million here?
The GAO said in that case that for $4 million, well, they actually
said that they could convert property they already had for a residence
for this gentleman, and yet he is still there.
I would just simply say to the gentleman from New Jersey, and I
identify with what he is saying, but I think what I am saying, and in
Jerry McGuire's words, to the American people, either show me the
money, show me the savings, or start another panel or start another
committee or study this thing a little more. This is obviously a luxury
the American people do not want, they cannot afford, they have never
requested, and it is time for action.
It is time for a yes vote on my amendment, and it will save, I would
say, a billion dollars that will go to deficit reduction, money that
the taxpayers will not have to use to pay their hard-earned taxes in to
go to pay interest on the deficit.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Alabama [Mr. Bachus].
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. SMITH of New Jersey. Mr. Chairman, I demand a recorded vote, and
pending that, I make a point of order that a quorum is not present.
The CHAIRMAN. Pursuant to House Resolution 159, further proceedings
on the amendment offered by the gentleman from Alabama [Mr. Bachus]
will be postponed.
The point of no quorum is considered withdrawn.
The CHAIRMAN. Are there further amendments to title XII?
Amendment Offered by Mr. HEFLEY
Mr. HEFLEY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Hefley:
At the end of chapter 1 of title XII (relating to
Department of State authorities and activities) insert the
following new section and amend the table of contents
accordingly):
SEC. 1221. NOTIFICATION OF CRIMES COMMITTED BY DIPLOMATS.
Title II of the State Department Basic Authorities Act of
1956 (22 U.S.C. 4301 et seq.; commonly referred to as the
``Foreign Missions Act'') is amended by inserting after
section 204A the following:
``SEC. 204B. CRIMES COMMITTED BY DIPLOMATS.
``(a) Records.--(1) The Secretary of State shall develop
and maintain records on each incident in which an individual
with immunity from the criminal jurisdiction of the United
States under the Vienna Convention who the Secretary
reasonably believes has committed a serious criminal offense
within the United States which was not subject to the
criminal jurisdiction of the United States. Each such record
shall include--
``(A) the identity of such individual;
``(B) the nature of the offense committed by such
individual, including whether against property or persons;
``(C) whether such offense involved reckless driving or
driving while intoxicated; and
``(D) the number and nature of all other criminal offenses
committed in the United States by such individual.
``(2) The Secretary shall submit an annual report to the
Congress on the incidents occurring during the preceding
year. The report shall include the information maintained
under paragraph (1) together with information under section
1706(a).
``(b) Education and Encouragement of Local Law Enforcement
Individuals.--The Secretary shall take such steps as may be
necessary--
``(1) to educate local law enforcement officials on the
extent of the immunity from criminal jurisdiction provided to
members of a foreign mission, and family members of such
members, under the Vienna Convention; and
``(2) to encourage local law enforcement officials to fully
investigate, charge, and prosecute, to the extent consistent
with immunity from criminal jurisdiction under the Vienna
Convention, any member of a foreign mission, and any family
member of such a member, who commits a serious criminal
offense within the United States.
``(c) Interference With Local Prosecutions.--No officer or
employee of the Department of State may interfere with any
investigation, charge, or prosecution by a State or local
government of--
``(1) an alien who is a member of a foreign mission,
``(2) a family member of an alien described in subparagraph
(A), or
``(3) any other alien, not covered by immunity from the
criminal jurisdiction of the United States under the Vienna
Convention.
``(d) Notification of diplomatic Corps.--The Secretary
shall notify the members of each foreign mission of United
States policies relating to criminal offenses (particularly
crimes of violence) committed by such members, and the family
members of such members, including the policy of obtaining
criminal indictments, requiring such members to leave the
country, and declaring such members persona non grata.
``(e) Vienna Convention.--For the purposes of this section,
the term `Vienna Convention means the Vienna Convention on
Diplomatic Relations of April 18, 1961 (TIAS numbered 7502;
23 UST 3227), entered into force with respect to the United
States on December 13, 1972.''.
Mr. HEFLEY (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Colorado?
There was no objection.
Mr. HEFLEY. Mr. Chairman, today, I rise to offer an amendment to H.R.
1757, the Foreign Relations Authorization Act, that would help stop
what happened on January 3, 1997, when a Georgian diplomat caused a
horrible five-car crash at DuPont Circle that killed Miss Joviane
Waltrick.
As I am sure all of us remember, late in the evening of January 3, a
Ford Taurus, which police say was traveling up to 80 miles an hour,
plowed into an intersection in DuPont Circle here in this town and
caused a fatal car accident. A 16-year-old, Joviane Waltrick, died when
a car hit by the Taurus catapulted into her Volkswagen. The accident
was caused by this Georgian diplomat who could have escaped prosecution
because he enjoyed diplomatic immunity. But Georgia's President took
the unusual step and courageous step of waiving the diplomatic
immunity.
When this happened, my immediate reaction was that, by golly, when we
have capital crimes, serious crimes in this country, committed by
diplomats, we ought to be able to prosecute those serious crimes. They
should not be able to get off. But I found out it was much more
complicated than that when we got into it to try to decide how to
handle it.
{time} 1745
And besides, there is a Vienna Convention which deals with this with
other nations, and so we could not handle it quite that way. So we did
not want to violate that Vienna Convention.
Currently, there is an informal agreement between the State
Department and local community police forces, and under this agreement,
the local law enforcement agencies are to inform the State Department
of every incident involving a diplomat. Often local police do inform
the State Department and action is taken.
Last year, 10 diplomats had their driver's licenses suspended. During
the past 4 years, eight diplomats have been expelled for repeated drunk
driving. But often, as was in the case of this Georgian diplomat who
caused the death of Ms. Waltrick, the State Department is not informed.
According to the State Department, the Georgian diplomat had prior
instances with local police forces, which included running red lights
and driving in excess of 80 miles per hour. I think there was some
drunken driving. But through this whole informal agreement that broke
down was that the State Department never knew of this diplomat's
infractions until after the accident when the State Department started
asking local law enforcement officials about him after the crash. Had
they known, this might never have happened.
In brief, my amendment would formalize the relationship between the
State Department and the local police forces by having the local police
forces report instances involving diplomats to the State Department;
and, in turn, it would have the State Department notifying the
offending embassy or mission of the offending diplomat's behavior.
Probably the most important aspect of my amendment is that it would
have the State Deparment take the necessary steps to educate local law
enforcement officials as to the extent of immunity diplomats have, and
would have the State Department encourage
[[Page H3327]]
local law enforcement officials to fully investigate, charge, and
prosecute, where they are able to under the Vienna Convention, any
diplomat who commits a serious criminal offense within the United
States.
Mr. Chairman, this simply formalizes what we are doing already, and
there is a breakdown in what we are doing already. We can save some
lives, I think, and we can keep more people from getting off when they
commit serious crimes in our country.
Mr. GILMAN. Mr. Chairman, will the gentleman from Colorado yield?
Mr. HEFLEY. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I think my colleague has proposed a worthy
amendment. The committee accepts the amendment.
Mr. HEFLEY. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado [Mr. Hefley].
The amendment was agreed to.
The CHAIRMAN. Are there any other amendments to title XII?
Amendments Offered by Mr. Gilman
Mr. GILMAN. Mr. Chairman, I offer several amendments and I ask
unanimous consent that they be considered en bloc.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
The Clerk read as follows:
Amendments offered by Mr. Gilman:
Page 120, strike line 11 and all that follows through line
18, and insert the following:
(a) Persons Authorized To Issue Reports of Births Abroad.--
Section 33 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding
at the end the following: ``For purposes of this paragraph, a
consular officer shall include any United States citizen
employee of the Department of State designated by the
Secretary of State to adjudicate nationality abroad pursuant
to such regulations as he may prescribe.''.
Page 121, after line 17, insert the following:
(e) Definition of Consular Officer.--Section 101(a)(9) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is
amended by--
(1) inserting ``or employee'' after ``officer''; and
(2) inserting before the period at the end of the sentence
``or, when used in title III, for the purpose of adjudicating
nationality''.
(f) Training for Employees Performing Consular Functions.--
Section 704 of the Foreign Service Act of 1980 (22 U.S.C.
4024) is amended by adding at the end the following new
subsection:
``(d) Prior to designation by the Secretary of State
pursuant to regulation to perform a consular function abroad,
a United States citizen employee (other than a diplomatic or
consular officer of the United States) shall be required to
complete successfully a program of training essentially
equivalent to the training that a consular officer who is a
member of the Foreign Service would receive for purposes of
performing such function and shall be certified by an
appropriate official of the Department of State to be
qualified by knowledge and experience to perform such
function. As used in this subsection, the term `consular
function' includes the issuance of visas, the performance of
notarial and other legalization functions, the adjudication
of passport applications, the adjudication of nationality,
and the issuance of citizenship documentation.''.
section 1304--establishment of assistant secretary of state for
diplomatic security
On page 127 line 20 insert after security ``and
management''.
section 1321--authorized strength of the foreign service
On page 130 line 5 delete 1070 and insert in its place
1,210.
On page 130 line 6 delete 140 and insert in its place 150.
On page 130 line 17 delete 1065 and insert in its place
1,182.
On page 130 line 18 delete 135 and insert in its place 147.
____
Strike section 1702 of division B, page 163, line 3 to page
164, line 3, and insert the following new section (and
renumber the subsequent sections accordingly and conform the
table of contents accordingly).
SEC. 1702. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DANGER OF
SUBJECTION TO TORTURE.
(a) Policy.--It shall be the policy of the United States
that the United States shall not expel, extradite, or
otherwise effect the involuntary return of any person to a
country in which there are substantial grounds for believing
that the person would be in danger of being subjected to
torture, regardless of whether the person is physically
present in the United States.
(b) Definitions.--Except as otherwise provided, terms used
in this section have the meanings assigned under the United
Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, subject to any
reservations, understandings, declarations and provisos
contained in the United States resolution of advice and
consent to ratification of such Convention.
(c) Procedures.--Procedures shall be established to ensure
compliance with subsection (a) in the cases of aliens who are
arriving in the United States or who are physically present
in the United States and who are subject to removal.
(d) Review and Construction.--Notwithstanding any other
provision of law, no court shall have jurisdiction to review
the procedures adopted to implement this section, and nothing
in this section shall be construed as providing any court
jurisdiction to review claims raised under the Convention or
this section, or any other determination made with respect to
the application of the policy set forth in subsection (a),
except as part of the review of a final order of removal
pursuant to section 242 of the Immigration and Nationality
Act, as amended.
____
Strike section 1712 and insert the following:
SEC. 1712. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE
ECUMENICAL PATRIARCHATE BY THE GOVERNMENT OF
TURKEY.
It is the sense of Congress that the United States should
use its influence with the Turkish Government and as a
permanent member of the United Nations Security Council to
suggest that the Turkish Government--
(1) recognize the Ecumenical Patriarchate and its
nonpolitical, religious mission;
(2) ensure the continued maintenance of the institution's
physical security needs, as provided for under Turkish and
international law, including but not limited to, the Treaty
of Lausanne, the 1968 Protocol, the Helsinki Final Act
(1975), and the Charter of Paris;
(3) provide for the proper protection and safety of the
Ecumenical Patriarch and Patriarchate personnel; and
(4) reopen the Ecumenical Patriarchate's Halki Patriarchal
School of Theology.
Page 183, line 1, strike ``cases and the'' and insert
``cases through the provision of records and the unilateral
and joint''.
Mr. GILMAN (during the reading). Mr. Chairman, I ask unanimous
consent that the amendments be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
Mr. GILMAN. Mr. Chairman, the amendments that I have proposed have
been cleared on both sides. There is an amendment by the gentleman from
California [Mr. Berman] to allow non-Foreign Service Government
employees who are U.S. citizens to perform consular functions.
There is a technical amendment to the provisions setting out
qualifications for the position of Assistant Secretary for Diplomatic
Security. There is an amendment to change the authorized strength of
the Foreign Service. There is an amendment by the gentleman from
California [Mr. Lantos] to change the provision concerning return of
persons to places they may be subject to torture. There is a technical
amendment to language in the bill relative to the ecumenical
patriarchate in Istanbul, Turkey. There is a technical amendment by the
gentleman from New Jersey [Mr. Smith].
Mr. Chairman, that is the extent of the en bloc amendments, and I ask
that they be adopted.
Mr. HAMILTON. Mr. Chairman, we accept the en bloc amendments.
The CHAIRMAN. The question is on the amendments offered by the
gentleman from New York [Mr. Gilman].
The amendments were agreed to.
The CHAIRMAN. Are there any other amendments to title XII?
The Clerk will designate title XIII.
The text of title XIII is as follows:
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 1301. COORDINATOR FOR COUNTERTERRORISM.
(a) Establishment.--Section 1(e) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)) is
amended--
(1) by striking ``In'' and inserting the following:
``(1) In''; and
(2) by inserting at the end the following:
``(2) Coordinator for counterterrorism.--
``(A) There shall be within the office of the Secretary of
State a Coordinator for Counterterrorism (hereafter in this
paragraph referred to as the `Coordinator') who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(B)(i) The Coordinator shall perform such duties and
exercise such power as the Secretary of State shall
prescribe.
[[Page H3328]]
``(ii) The principal duty of the Coordinator shall be the
overall supervision (including policy oversight of resources)
of international counterterrorism activities. The Coordinator
shall be the principal adviser to the Secretary of State on
international counterterrorism matters. The Coordinator shall
be the principal counterterrorism official within the senior
management of the Department of State and shall report
directly to the Secretary of State.
``(C) The Coordinator shall have the rank and status of
Ambassador-at-Large. The Coordinator shall be compensated at
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5314 of
title 5, United States Code, or, if the Coordinator is
appointed from the Foreign Service, the annual rate of pay
which the individual last received under the Foreign Service
Schedule, whichever is greater.''.
(b) Technical and Conforming Amendments.--Section 161 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended by striking
subsection (e).
(c) Transition Provision.--The individual serving as
Coordinator for Counterterrorism of the Department of State
on the day before the effective date of this division may
continue to serve in that position.
SEC. 1302. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN
POSITIONS OF THE DEPARTMENT OF STATE.
(a) Assistant Secretary of State for South Asian Affairs.--
Section 122 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.
(b) Deputy Assistant Secretary of State for
Burdensharing.--Section 161 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
2651a note) is amended by striking subsection (f).
(c) Assistant Secretary for Oceans and International
Environmental and Scientific Affairs.--Section 9 of the
Department of State Appropriations Authorization Act of 1973
(22 U.S.C. 2655a) is repealed.
SEC. 1303. ESTABLISHMENT OF ASSISTANT SECRETARY OF STATE FOR
HUMAN RESOURCES.
Section 1(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(c)) is amended by adding after
paragraph (2) the following new paragraph:
``(3) Assistant secretary for human resources.--There shall
be in the Department of State an Assistant Secretary for
Human Resources who shall be responsible to the Secretary of
State for matters relating to human resources including the
implementation of personnel policies and programs within the
Department of State and international affairs functions and
activities carried out through the Department of State. The
Assistant Secretary shall have substantial professional
qualifications in the field of human resource policy and
management.''.
SEC. 1304. ESTABLISHMENT OF ASSISTANT SECRETARY OF STATE FOR
DIPLOMATIC SECURITY.
Section 1(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(c)) as amended by section 1303 is
further amended by adding after paragraph (3) the following
new paragraph:
``(4) Assistant secretary for diplomatic security.--There
shall be in the Department of State an Assistant Secretary
for Diplomatic Security who shall be responsible to the
Secretary of State for matters relating to diplomatic
security. The Assistant Secretary shall have substantial
professional qualifications in the field of Federal law
enforcement, intelligence, or security.''.
SEC. 1305. SPECIAL ENVOY FOR TIBET.
(a) United States Special Envoy for Tibet.--The President
should appoint within the Department of State a United States
Special Envoy for Tibet, who shall hold office at the
pleasure of the President.
(b) Rank.--A United States Special Envoy for Tibet
appointed under subsection (a) shall have the personal rank
of ambassador and shall be appointed by and with the advice
and consent of the Senate.
(c) Special Functions.--The United States Special Envoy for
Tibet should be authorized and encouraged--
(1) to promote substantive negotiations between the Dalai
Lama or his representatives and senior members of the
Government of the People's Republic of China;
(2) to promote good relations between the Dalai Lama and
his representatives and the United States Government,
including meeting with members or representatives of the
Tibetan government-in-exile; and
(3) to travel regularly throughout Tibet and Tibetan
refugee settlements.
(d) Duties and Responsibilities.--The United States Special
Envoy for Tibet should--
(1) consult with the Congress on policies relevant to Tibet
and the future and welfare of all Tibetan people;
(2) coordinate United States Government policies, programs,
and projects concerning Tibet; and
(3) report to the Secretary of State regarding the matters
described in section 536(a)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236).
SEC. 1306. RESPONSIBILITIES FOR BUREAU CHARGED WITH REFUGEE
ASSISTANCE.
The Bureau of Migration and Refugee Assistance shall be the
bureau within the Department of State with principal
responsibility for assisting the Secretary in carrying out
the Migration and Refugee Assistance Act of 1962 and shall
not be charged with responsibility for assisting the
Secretary in matters relating to family planning or
population policy.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 1321. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1998 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1998--
(1) for the Department of State, shall not exceed 8,700, of
whom not more than 750 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 1,000, of whom not more than 140 shall be members of
the Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1070, of whom not more than 140 shall be members of
the Senior Foreign Service.
(b) End Fiscal Year 1999 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1999--
(1) for the Department of State, shall not exceed 8,800, of
whom not more than 750 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, not to exceed
1,000 of whom not more than 140 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1065 of whom not more than 135 shall be members of the
Senior Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning
of such term under section 103 of the Foreign Service Act of
1980 (22 U.S.C 3903), except that such term does not
include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
(4) members of the Service subject to involuntary
separation in cases in which such separation has been
suspended pursuant to section 1106(8) of the Foreign Service
Act of 1980; and
(5) members of the Service serving under non-career limited
appointments.
(d) Waiver Authority.--(1) Subject to paragraph (2), the
President may waive any limitation under subsection (a) or
(b) to the extent that such waiver is necessary to carry on
the foreign affairs functions of the United States.
(2) Not less than 15 days before the President exercises a
waiver under paragraph (1), such agency head shall notify the
Chairman of the Committee on Foreign Relations of the Senate
and the Chairman of the Committee on International Relations
of the House of Representatives. Such notice shall include an
explanation of the circumstances and necessity for such
waiver.
SEC. 1322. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth
sentence the following new sentence: ``For employees serving
outside the United States in areas where Sunday is a routine
workday and another day of the week is officially recognized
as the day of rest and worship, the Secretary of State may
designate the officially recognized day of rest and worship
as the day with respect to which the preceding sentence shall
apply instead of Sunday.''; and
(2) at the end of section 5546(a), by adding the following
new sentence: ``For employees serving outside the United
States in areas where Sunday is a routine workday and another
day of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the
officially recognized day of rest and worship as the day with
respect to which the preceding sentence shall apply instead
of Sunday.''.
SEC. 1323. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED
FELONS FROM SERVICE.
Section 610(a)(2) of the Foreign Service Act of 1980 (22
U.S.C. 4010(a)(2)) is amended in the first sentence by
striking ``A member'' and inserting ``Except in the case of
an individual who has been convicted of a crime for which a
sentence of imprisonment of more than 1 year may be imposed,
a member''.
SEC. 1324. CAREER COUNSELING.
(a) In General.--Section 706(a) of the Foreign Service Act
of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end
the following sentence: ``Career counseling and related
services provided pursuant to this Act shall not be construed
to permit an assignment to training or to another assignment
that consists primarily of paid time to conduct a job search
and without other substantive duties, except that career
members of the Service who upon their separation are not
eligible to receive an immediate annuity and have not been
assigned to a post in the United States during the 12 months
prior to their separation from the Service may be permitted
up to 2 months of paid time to conduct a job search.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective 180 days after the date of the enactment
of this Act.
[[Page H3329]]
SEC. 1325. REPORT CONCERNING MINORITIES AND THE FOREIGN
SERVICE.
The Secretary of State shall annually submit a report to
the Congress concerning minorities and the Foreign Service
officer corps. In addition to such other information as is
relevant to this issue, the report shall include the
following data (reported in terms of real numbers and
percentages and not as ratios):
(1) The numbers and percentages of all minorities taking
the written foreign service examination.
(2) The numbers and percentages of all minorities
successfully completing and passing the written foreign
service examination.
(3) The numbers and percentages of all minorities
successfully completing and passing the oral foreign service
examination.
(4) The numbers and percentages of all minorities entering
the junior officers class of the Foreign Service.
(5) The numbers and percentages of all minorities in the
Foreign Service officer corps.
(6) The numbers and percentages of all minority Foreign
Service officers at each grade, particularly at the senior
levels in policy directive positions.
(7) The numbers of and percentages of minorities promoted
at each grade of the Foreign Service officer corps.
SEC. 1326. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.
(a) Benefits.--Section 609 of the Foreign Service Act of
1980 (22 U.S.C. 4009) is amended--
(1) in subsection (a)(2)(A) by inserting ``or any other
applicable provision of chapter 84 of title 5, United States
Code,'' after ``section 811,'';
(2) in subsection (a) by inserting ``or section 855, as
appropriate'' after ``section 806''; and
(3) in subsection (b)(2)--
(A) by inserting ``(A) for those participants in the
Foreign Service Retirement and Disability System,'' before
``a refund''; and
(B) by inserting before the period at the end ``; and (B)
for those participants in the Foreign Service Pension System,
benefits as provided in section 851''.
(4) in subsection (b) in the matter following paragraph (2)
by inserting ``(for participants in the Foreign Service
Retirement and Disability System) or age 62 (for participants
in the Foreign Service Pension System)'' after ``age 60''.
(b) Entitlement to Annuity.--Section 855(b) of the Foreign
Service Act of 1980 (22 U.S.C. 4071d(b)) is amended--
(1) in paragraph (1) by inserting ``611,'' after ``608,'';
(2) in paragraph (1) by inserting ``and for participants in
the Foreign Service Pension System'' after ``for participants
in the Foreign Service Retirement and Disability System'';
and
(3) in paragraph (3) by striking ``or 610'' and inserting
``610, or 611''.
(c) Effective Dates.--
(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect on the date of the
enactment of this Act.
(2) The amendments made by paragraphs (2) and (3) of
subsection (a) and paragraphs (1) and (3) of subsection (b)
shall apply with respect to any actions taken under section
611 of the Foreign Service Act of 1980 after January 1, 1996.
SEC. 1327. AVAILABILITY PAY FOR CERTAIN CRIMINAL
INVESTIGATORS WITHIN THE DIPLOMATIC SECURITY
SERVICE.
(a) In General.--Section 5545a of title 5, United States
Code, is amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes an officer occupying a position under
title II of Public Law 99-399 if--
``(A) subject to subparagraph (C), such officer meets the
definition of such term under paragraph (2) of subsection (a)
(applied disregarding the parenthetical matter before
subparagraph (A) thereof);
``(B) the primary duties of the position held by such
officer consist of performing--
``(i) protective functions; or
``(ii) criminal investigations; and
``(C) such officer satisfies the requirements of subsection
(d) without taking into account any hours described in
paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to an officer
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of
the Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary
of State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Implementation.--Not later than the date on which the
amendments made by this section take effect, each special
agent of the Diplomatic Security Service who satisfies the
requirements of subsection (k)(1) of section 5545a of title
5, United States Code, as amended by this section, and the
appropriate supervisory officer, to be designated by the
Secretary of State, shall make an initial certification to
the Secretary of State that the special agent is expected to
meet the requirements of subsection (d) of such section
5545a. The Secretary of State may prescribe procedures
necessary to administer this subsection.
(c) Technical and Conforming Amendments.--(1) Paragraph (2)
of section 5545a(a) of title 5, United States Code, is
amended (in the matter before subparagraph (A)) by striking
``Public Law 99-399)'' and inserting ``Public Law 99-399,
subject to subsection (k))''.
(2) Section 5542(e) of such title is amended by striking
``title 18, United States Code,'' and inserting ``title 18 or
section 37(a)(3) of the State Department Basic Authorities
Act of 1956,''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period--
(1) which begins on or after the 90th day following the
date of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
SEC. 1328. LABOR MANAGEMENT RELATIONS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22
U.S.C. 4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and
paragraph (1)(B), the term `management official' does not
include chiefs of mission, principal officers or their
deputies, administrative and personnel officers abroad, or
individuals described in section 1002(12)(B), (C), and (D)
who are not involved in the administration of this chapter or
in the formulation of the personnel policies and programs of
the Department.''.
SEC. 1329. OFFICE OF THE INSPECTOR GENERAL.
(a) Procedures.--Section 209(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(c)) is amended by adding after
paragraph (3) the following new paragraphs:
``(4) In the case of a formal interview where an employee
is the likely subject or target of an Inspector General
criminal investigation, the Inspector General shall make all
best efforts to provide the employee with notice of the full
range of his or her rights, including the right to retain
counsel and the right to remain silent, as well as the
identification of those attending the interview.
``(5) In carrying out the duties and responsibilities
established under this section, the Inspector General shall
develop and provide to employees--
``(A) information detailing their rights to counsel; and
``(B) guidelines describing in general terms the policies
and procedures of the Office of Inspector General with
respect to individuals under investigation, other than
matters exempt from disclosure under other provisions of
law.''.
(b) Report.--Not later than April 30, 1998, the Inspector
General of the Department of State shall submit a report to
the appropriate congressional committees which includes the
following information:
(1) Detailed descriptions of the internal guidance
developed or used by the Office of the Inspector General with
respect to public disclosure of any information related to an
ongoing investigation of any employee or official of the
Department of State, the United States Information Agency, or
the Arms Control and Disarmament Agency.
(2) Detailed descriptions of those instances for the year
ending December 31, 1997, in which any disclosure of
information to the public by an employee of the Office of
Inspector General about an ongoing investigation occurred,
including details on the recipient of the information, the
date of the disclosure, and the internal clearance process
for the disclosure.
Amendment Offered by Mr. Goss
Mr. GOSS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Goss:
Page 139, strike line 19 and all that follows through line
10 on page 141 (and conform the table of contents
accordingly).
Mr. GOSS. Mr. Chairman, during the considering by the Committee on
House International Relations of this bill, language was adopted which
would have significant and unfortunate consequences for the future of
the Office of Inspector General at the State Department, and
potentially for all other inspectors general in the Federal Government.
This proposal could greatly limit the IG's ability to conduct effective
oversight and departmental investigations, and it is a serious matter.
While this proposal was slightly modified and approved, I understand,
before it was adopted by HIRC, this proposed legislation will undermine
important oversight law that IG's across the Government have performed
since the enactment of the Inspector General Act of 1978, almost 20
years ago.
My amendment is quite simple. It strikes the provision, section 1329,
in its entirety. I understand and I can sympathize with the interest of
some Members in sending a warning shot across the bow of the Inspector
General so as to ensure the treatment of all government employees must
be fair
[[Page H3330]]
and evenhanded. That is certainly a proposition I stand for. I would
suggest that the debate so far on this has been a message sent and a
message already received down at the Department of State. So I think
that the genesis of this and the author's intent has in large part been
taken care of.
But I have got real trouble with the attempted fix that is actually
in the bill now, and I believe it must be stricken. For the benefit of
Members who may not have had a chance focus on this provision, I would
like to briefly outline several problems with the inspector general
proposal in this bill.
The language in the bill that the Goss amendment strikes is language
that imposes significant and unprecedented limitations on the role and
investigation prerogatives of the State Department's Inspector General.
It places State Department's Inspector General outside of standard
Federal law enforcement policies and procedures and severely undermines
the State IG's ability to carry out investigative functions.
Why in the world would we want to do that in this day and age?
Letters that I received from the Inspectors General, Department of
Defense, Justice, Commerce and Energy, and the CIA express the gravest
possible concern about this proposal. I am also informed that the
Director of OMB is opposed to the proposal.
If implemented, this legislation would, in my view, create a
dangerous precedent which could undermine the investigative and
oversight capabilities of IG's throughout the Government, not just in
State. It is my understanding that no other IG office in the Government
is currently subject to the restrictions that are envisioned by this
bill.
Understandably, the various IG's fear that this proposal is the
proverbial foot in the door toward undermining their investigative and
oversight role. Again, why we would want to do that?
The bill language would significantly diminish the State Inspector
General's ability to hold the departmental employees accountable for
criminal wrongdoing. I do not think that is a good proposition. This
provision would appear to require the State Inspector General to
provide special privileges to employees during the course of a criminal
investigation that are inconsistent with the rest of the Federal law
enforcement community. They are privileges enjoyed by no one else as in
the bill now.
This could result in anomalous situations, such as potentially
requiring the State IG to provide advice on rights to counsel to
individuals in undercover investigations and otherwise disclose the
existence of and possibly interfere with sensitive ongoing
investigations. Not a good idea.
Is there already a remedy for overaggressive IG procedures in place?
The answer is yes; there is. Under current authority, any individual
being interviewed by State's IG can already assert his or her right to
counsel. Moreover, all State Department employees are routinely
provided a written summary of their rights in an OIG investigative
process.
But, in fact, State employees involved in interviews with the IG
already have a right to know who is in the room. What is going on here?
And if they do not like what is happening, they can vote with their
feet, they can simply leave.
In my view, this language imposes a further reporting requirement on
State's Inspector General that is unwarranted and unnecessary. This
proposal would require State's IG to prepare and submit a report to the
relevant committees providing detailed descriptions of any instances in
which any disclosure of information to the public by an employee of the
Office of Inspector General about an ongoing investigation occurred.
My understanding is the State IG makes no such disclosure of
information to the public about any ongoing investigations. And it is
thoroughly appropriate given an individual's privacy concern that would
be at stake. So they are doing the right thing already.
I am informed that the only disclosures that the State IG actually
makes concerning ongoing investigations are to the Secretary of State,
which is understandable, the Deputy Secretary of State, as is
appropriate, the Department of Justice and other cooperating law
enforcement officials if, in fact, there is an investigation going on.
I would, therefore, ask Members to support my amendment to strike
this language and ensure that we do not inadvertently defang the
inspectors general, the people's watchdogs within the executive branch,
especially when there is a good remedy already in place for State
employees who find themselves in noncustodial formal interviews by the
IG.
In other words, this is not necessary and it is debilitating for the
investigative process. It is well-intentioned. I understand that. I
have the greatest respect for the author. I have offered to work with
the author. I think we can find a much better solution. But I think it
is very important that we take this damaging language out of this bill
as it now stands. Therefore, I urge strong support for my amendment.
Mr. Chairman, I include for the Record the letters I referred to
previously.
Inspector General,
Central Intelligence Agency,
Washington, DC, June 3, 1997.
Hon. Porter Goss,
Chairman, House Permanent Select Committee on Intelligence,
the Capitol, Washington, DC.
Dear Chairman Goss: I am writing to express my concern
about an amendment to Section 209(c) of the Foreign Service
Act of 1980 (22 U.S.C. Section 3929) that has been included
in the Foreign Policy Reform Act of 1997. Section 1329 of the
Foreign Policy Reform Act would require the State Department
Inspector General (IG) to provide special, vaguely-worded
rights to employees during the course of a criminal
investigation that are inconsistent with the practices of the
rest of the federal law enforcement community. This amendment
would have the effect of placing the State IG outside of
standard federal law enforcement policies and procedures and,
as such, could undermine the authority of the IG to carry out
her statutory investigative functions.
I am very concerned that such an amendment would be a
dangerous precedent that subsequently could be made
applicable to other IG offices, including the IG at the
Central Intelligence Agency. In effect, it grants to
employees of the State Department rights that no other
citizen of the United States in similar circumstances has
during the conduct of a criminal investigation. I know of no
justification for treating State Department employees
differently.
This amendment is at odds with existing case law and
policies and procedures set forth by the Department of
Justice (DOJ). My office generally follows DOJ policy and
procedures during the course of criminal investigations and
it has been our experience during the course of joint
investigations with the State IG that the State IG has also
followed such policy and procedures. Because the proposed
amendment would establish different standards for the State
IG than for all other IGs, it could impede the ability of my
office to conduct effective joint investigations with State
IG.
I respectfully request your attention to my concerns as the
Foreign Policy Reform Act moves forward for consideration on
the House floor.
Sincerely,
(For Frederick P. Hitz,
Inspector General).
____
U.S. Department of Justice,
Office of the Inspector General,
June 3, 1997.
Hon. Porter Goss,
Chairman, House Permanent Select Committee on Intelligence,
Capitol Building, Washington, DC.
Dear Chairman Goss: the purpose of this letter is to
express the grave concerns of the Inspector General community
about an amendment that has been included in the State
Department authorization bill concerning the investigative
functions of the Inspector General for the State Department,
Arms Control and Disarmament Agency and the United States
Information Agency. Congressman Hamilton's proposal would
amend Section 209(c) of the Foreign Service Act of 1980 (22
U.S.C. Section 3929) to provide special rights to employees
during the course of a criminal investigation that are
inconsistent with the practices of the rest of the federal
law enforcement community. Even as revised during the House
International Relations Committee mark-up, this provision
would have the effect of placing the State IG outside of
standard federal law enforcement policies and procedures and,
as such, would severely undermine the authority of the State
Department/ACDA/USIA's Inspector General to carry out her
statutory investigative functions. As a result, the ability
of this Inspector General's office to hold individuals
accountable for criminal wrongdoing would be significantly
diminished.
In effect, this provision, by mandating advice of certain
rights in situations not recognized by case law or Justice
Department policy, is granting to employees of the State
Department, the Arms Control and Disarmament Agency and the
United States Information Agency, rights that no other
citizen of the United States has during the conduct of a
criminal investigation. This is especially troublesome given
the large number of
[[Page H3331]]
Presidential appointees and other senior-level officials in
the Department of State and the perception of special
treatment which could arise as a result of such legislation.
Our concern about this legislation is that it not only
impedes the ability of one Office of Inspector General to
conduct criminal investigations in accordance with community-
wide law enforcement standards in the agencies that fall
within her jurisdiction, but also is at odds with existing
case law. As such, this proposal sets a dangerous precedent
that could have an adverse impact on other Inspectors General
throughout the government. The OIG community conducts
investigations pursuant to standards established as a result
of judicial decisions handed down by the Supreme Court and
the Federal appeals courts, as well as policies and
procedures adopted by the U.S. Department of Justice. The
proposed legislation would require different standards for
the State/ACDA/USIA OIG than those applicable to other law
enforcement entities including other OIGs. Consistency of
investigative standards is imperative to a well-functioning
federal investigative effort. Passage of this amendment would
seriously impede effectively and timely criminal
investigations.
We respectfully request your attention to our concerns as
the State Department authorization bill moves forward for
consideration on the House floor.
Sincerely,
Michael R. Bromwich,
Inspector General, U.S. Department of Justice.
Frank DeGeorge,
Inspector General, U.S. Department of Commerce.
Eleanor Hill,
Inspector General, U.S. Department of Defense.
____
Department of Energy,
Washington, DC, June 3, 1997.
Hon. Porter J. Goss,
Chairman, Permanent Select Committee on Intelligence, House
of Representatives, Washington, DC.
Dear Mr. Chairman: The purpose of this letter is to express
concerns about an amendment that has been included in the
State Department authorization bill concerning the
investigative functions of the Inspector General for the
State Department, Arms Control and Disarmament Agency and the
Untied States Information Agency. Congressman Hamilton's
proposal would amend Section 209(c) of the Foreign Service
Act of 1980 (22 U.S.C. Section 3929). Even as revised during
the House International Relations Committee mark-up, this
provision appears to place the State Department's Office of
Inspector General (OIG) outside of standard Federal law
enforcement policies and procedures.
The standards followed on advice of rights by the OIG's are
governed by Department of Justice policy applicable to all
Federal law enforcement officers. OIG's also routinely obtain
guidance from the Department of Justice concerning
investigative strategies. The proposed legislation would
require different standards for the State OIG than those
applicable to all other law enforcement entities. We are
concerned about the potential impact of this amendment on
effective and timely criminal investigations.
Sincerely,
John C. Layton,
Inspector General.
Mr. HAMILTON. Mr. Chairman, I rise in opposition to the amendment.
First of all, let me state my appreciation to the gentleman from
Florida [Mr. Goss] for his general approach to this. I do want to work
with him to try to resolve what I think is a fairly difficult issue
here, and I am open to working with him for language that will be
appropriate in the conference.
I do feel I have to oppose the amendment, and I would like simply to
explain why we put this language in the underlying bill. The provision
at issue here does several things. It requires the IG of the State
Department to make all best efforts to provide adequate notice to
individuals under investigation about the full range of their rights as
well as the identification of those persons attending the interview.
It requires the inspector general to provide information to
individuals under investigation on their rights to counsel and to
provide guidelines to those individuals on the IG policies and
procedures with respect to such investigations. Finally, it requires
the IG to submit to Congress a one-time report on its internal press
guidance and how that guidelines has been followed in specific
individual cases in the previous year.
This amendment was put forward in the committee and adopted because
of the concerns that several of us have about what we think is the lack
of attention by the Office of the Inspector General in the State
Department, not other inspector generals, just the State Department,
what we think has been a lack of attention by that office to the due
process rights of individuals under investigation.
We have had several complaints about the investigative conduct of the
office, complaints made by, I might say, both Democratic and Republican
political appointees as well as complaints by career officers. I do not
want to limit the IG's authority.
What this amendment seeks to do is to provide individuals with some
information and some degree of protection where such authority is used
with a heavy hand. Let me try to be specific here. I do not want to
mention names. But a Republican appointee was caught up in an IG
investigation involving a search of the President's passport records.
The individual appeared voluntarily for the interview with the IG
staff, only to find a criminal prosecutor from the Justice Department
in the room and conducting the interview. The individual did not have
an attorney with him or with her.
{time} 1800
The individual was given an opportunity to review the findings of the
IG, but only for 30 minutes, before the IG office released the findings
to the press.
On another occasion, this one involving a Democratic appointee, the
IG's office again gave no notice of the type of interview to which the
individual would be subjected. The IG's office confirmed to the press
that an investigation was ongoing and that the matter had been referred
to the Department of Justice for criminal prosecution.
From the standpoint of an individual, this is a pretty scary setting.
They are under investigation by the IG. They walk into the room, and
they find a criminal prosecutor there. They do not have the advantage
of right to counsel. That is a very intimidating circumstance.
We are not asking here for any restrictions on the powers of the
inspector general to investigate. I do not want to restrict them. I am
just trying to ensure that individuals gain due process and have
protection from heavy-handed use of the inspector general's powers.
I think the issue is clear here, and I know the gentleman from
Florida will work in good faith to try to come up with language, as
will I. But I do think it is important to keep this language in the
bill so that we can send a very strong message that we do not approve
or like the manner in which the State Department Inspector General has
been exercising his powers, and that some restraint thereon is
necessary.
Mr. SMITH of New Jersey. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I do sympathize with the point raised by my good
friend, the gentleman from Florida [Mr. Goss]. But we looked very
carefully at those points, the points that he has raised in debate
today, in the committee; and the gentleman from Indiana compromised, I
think rather extensively, to meet many of the objections that were
being raised.
I would submit, and I think we all will agree with this, that nobody
wants to hobble law enforcement. But all the bill does, and I hope
Members will take the time to read the section, all the bill does is to
ensure basic due process in IG investigations.
Specifically, this provision as it now reads in the current bill
erects a firewall between routine IG administrative investigations and
criminal investigations. I really do believe, and I believe it very
strongly, that a person is entitled to know whether or not he or she is
the target of a criminal investigation. This provision does not
guarantee that they will know, but as the language in the bill says it,
to make all best efforts to provide employees with notice of the full
range of his or her rights and then it goes on from there.
I reluctantly rise in opposition to the amendment, and I do ask that
Members vote to retain this language that was a carefully crafted
compromise during markup in the committee.
Mr. COX of California. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I too have great sympathy for the amendment being
offered on the floor and great respect for its author, but I must
oppose the amendment, and I must do so because it is unprecedented and
in its effect very damaging.
[[Page H3332]]
We have received letters from the inspector general of other
departments, the Departments of Defense, Energy, Justice, Commerce, and
the Central Intelligence Agency, expressing the strongest possible
concern that this proposal creates a dangerous precedent which could
undermine the investigative and oversight capabilities of IG's
throughout the Government. It is important for us to recognize that no
other IG office in the entire Federal Government is subject to the
restrictions that this language would impose.
Other departments of the Clinton administration fear that this
amendment is a proverbial foot in the door that will undermine their
authorities. The bill language would place the State Department's
inspector general outside of standard Federal law enforcement policies
and procedures and severely undermine the State Department IG's
abilities to carry out its investigative function. It would
significantly diminish the State Department inspector general's ability
to hold departmental employees accountable for criminal wrongdoing.
The bill language imposes a reporting requirement on the State
Department's inspector general that is itself unwarranted and
unnecessary. It would require the State Department's IG to prepare and
submit a report to the relevant committees providing detailed
descriptions of any instances in which any disclosure of information to
the public by an employee of the office of inspector general about an
ongoing investigation occurred.
I mentioned at the outset that I have great respect for the author of
this language. I also have great respect for the author of this
amendment, and I think they both intend to achieve the same result,
which is that our agencies, and in this case the State Department, will
operate free of internal corruption. But it would be unwise, it seems
to me, in the extreme to impose requirements on the inspector general's
office that frustrate the IG's ability to get to the bottom of
corruption within the Federal Government.
The bill language, I want to emphasize once again, imposes
requirements on the State Department's IG that are not applicable to
any other agency's IG. Why we are on a rifle shot basis, on an ad hoc
basis trying to change the rule just for the State Department, rather
than making sure that we are consistently affording people due process,
escapes me.
It is possible, by the way, to afford people something that we call
due process, that is itself a procedural frustration of all of our
rights. All of us here have rights. Taxpayers, for example, have a
right to be protected from fraud and corruption within the State
Department.
Let us assume for the sake of argument that the constable blundered
in this case, and I want to point out that the IG is not the constable,
the IG is not a prosecutor, the IG is not criminal law enforcement. But
let us assume that the IG made a mistake and that the IG behaved
improperly in this instance. Is that of itself a reason to make sure
that we frustrate every future IG investigation, or is it instead a
reason to take this matter up in the context of the events that
occurred with that particular department and find out why, if someone's
rights were abused, that took place?
I want to commend the author of this amendment, because he has done a
good job in focusing on what I think is the language surely to give
rise to the law of unintended consequences. I think he has quite
properly gone after the reporting requirements, the diminution in the
IG's authority, the frustration of legitimate investigations of
wrongdoing by Federal employees. For that reason, I strongly support
the Goss amendment to the Foreign Relations Authorization Act.
Mr. PAUL. Mr. Chairman, I move to strike the requisite number of
words, and I yield to the gentleman from Florida [Mr. Goss].
Mr. GOSS. I thank the distinguished gentleman for yielding.
Mr. Chairman, I wanted to point out a couple of things have been said
that I think Members need to understand. We are not talking about due
process. We are talking about way beyond due process here. Due process
is guaranteed. This is not an issue of due process. This is a provision
of special privilege for a narrow group of government employees that is
entirely unwarranted and will in fact hamper investigation by those who
are charged with the heavy responsibility of investigating wrongdoing
in the Department of State. Who would want to stand behind the
proposition that we want to slacken our efforts, defang our watchdogs
and just basically cast a blind eye to the fact that there might be
some wrongdoing in this day and age? That is not what the constituency
of America is asking us to do.
I am not an investigator, and my distinguished colleague from New
Jersey, whose opinion I have great respect for and I have every reason
to believe, has come to a conclusion that he firmly believes but based
on the wrong information. Let me tell my colleagues what the people who
are charged with this responsibility are saying. They are saying that
passage of this amendment would seriously impede effectively and timely
criminal investigations. I am not making that up. I am quoting from a
letter signed by Michael Bromwich, inspector general of the Department
of Justice; Frank DeGeorge, inspector general of the Department of
Commerce; and Eleanor Hill, inspector general of the Department of
Defense. These are people charged with the heavy responsibility who
have said for the record publicly that if we do not remove the language
that is in the bill and we do not pass the Goss amendment, that we are
seriously impeding effectively and timely criminal investigations.
I do not want my name associated with anything that is going to
impede effective and timely investigations. Again, I am not an
investigator, but I will take the say-so from the people who are in
charge of the job. The people who are in charge of doing that job feel
that this is going to hurt their ability. I would suggest to my
colleague and close friend, for whom I have huge respect as he well
knows, the gentleman from Indiana [Mr. Hamilton], that if there is a
problem with the inspector general's power, that we look at all of them
and we do it appropriately and in a deliberate way. I certainly do not
think it is a perfect system but I certainly feel that going piecemeal
after one on what seems to be sort of a payback motive, these guys were
overeager, so let's show them that we've got the muscle, I do not think
that is the right way to make good legislation.
Mr. HAMILTON. Mr. Chairman, will the gentleman yield?
Mr. PAUL. I yield to the gentleman from Indiana.
Mr. HAMILTON. I thank the gentleman for yielding. I really think the
language that the gentleman has quoted from our respected inspector
general in other departments is quite exaggerated. What we are doing
here is asking the IG to make the best efforts to provide adequate
notice to individuals about their rights, including their right to
counsel. That is the core of my amendment. That is all we are doing. We
are just saying, please give these individuals information about the
circumstances they are going to be in. We are not restricting in any
way the inspector general's right to look into these matters and to
investigate. The gentleman is quite right that an inspector general
needs broad powers, but it is also true that individuals have rights,
too, and they surely must be entitled to the right to know what is
going on and who is going to be present in that room and why they are
there.
Mr. GOSS. In fact, all the individual has to do is ask. They have the
right to ask and they have the right to get the right answer, but
remember that we are talking about investigations here. We are not
talking about people who are arrested. There is not a question of
rights. This is a question of special privilege and this is an
investigation.
Mr. COX of California. Mr. Chairman, will the gentleman yield?
Mr. PAUL. I yield to the gentleman from California.
Mr. COX of California. In this matter, I think we need to pay
especial attention to what the Clinton administration Justice
Department inspector general is telling us and the U.S. Department of
Justice, office of the inspector general has provided us with very
explicit advice on this language in the bill.
The CHAIRMAN. The time of the gentleman from Texas [Mr. Paul] has
expired.
[[Page H3333]]
(On request of Mr. Goss, and by unanimous consent, Mr. Paul was
allowed to proceed for 1 additional minute.)
Mr. PAUL. Mr. Chairman, I continue to yield to the gentleman from
California.
Mr. COX of California. The U.S. Department of Justice Office of
inspector general has told us that the language in the bill would grant
special rights to employees of the Department of State that are
inconsistent with the practices of the rest of the Federal law
enforcement community. It would place the State Department inspector
general outside of standard Federal law enforcement policies and
procedures. It would make it very, very difficult, and to quote the
letter from the Department of Justice, it would significantly diminish
the inspector general's office ability to hold individuals accountable
for criminal wrongdoing.
To put it quite simply, we are making it easier for the criminals if
we pass this in a way that is inconsistent not only with what
inspectors general do but what Federal law enforcement does, what
criminal law enforcement does.
{time} 1815
These are rights that do not exist for anyone else but for us
taxpaying citizens.
Mr. GILMAN. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, the amendment offered by the able gentleman from
Florida [Mr. Goss] would strike the amendment that I agreed to in
committee offered by the gentleman from Indiana [Mr. Hamilton]. That
amendment was a compromise between the original amendment provided to
our staff by the staff of the gentleman from Indiana that was the
subject of discussions that included the State Department Office of
Inspector General.
Because of that compromise I would ordinarily be reluctant to agree
to strike the language, but I will do so in this case because of the
new and impassioned request that we have now received from
representatives of the inspector general's community who are concerned
that this represents a foot in the door for wholesale changes in their
actions. The gentleman from Florida [Mr. Goss] has discussed that
correspondence in full.
I would like to say to the gentleman from Indiana that I was
concerned by some of his assertions relative to the actions of the
State Department Office of Inspector General. I think his assertions
and their implications should be the subject of oversight, and that
appropriate action, and I do not rule out legislation, should be
pursued at that point.
But given the fact that the assertions have been marshaled by the
gentleman from Indiana only relatively recently, and the nature of the
protest from the inspector general community, I am persuaded that the
legislation at this point is unwarranted. Accordingly, I urge support
for the Goss amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida [Mr. Goss].
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. GOSS. Mr. Chairman, I demand a recorded vote, and pending that I
make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to House Resolution 159, further proceedings
on the amendment offered by the gentleman from Florida [Mr. Goss] will
be postponed.
The point of no quorum is considered withdrawn.
Are there further amendments to title XIII?
The Clerk will designate title XIV.
The text of title XIV is as follows:
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
SEC. 1401. EXTENSION OF AU PAIR PROGRAMS.
Section 1(b) of the Act entitled ``An Act to extend au pair
programs.'' (Public Law 104-72; 109 Stat. 1065(b)) is amended
by striking ``, through fiscal year 1997''.
SEC. 1402. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the
approval of the National Endowment for Democracy, grant funds
made available by the National Endowment for Democracy may be
deposited in interest-bearing accounts pending disbursement
and any interest which accrues may be retained by the grantee
without returning such interest to the Treasury of the United
States and interest earned by be obligated and expended for
the purposes for which the grant was made without further
appropriation.
SEC. 1403. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.
Section 208(e) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2075(e)) is amended by
striking ``$10,000,000'' and inserting ``$4,000,000''.
SEC. 1404. USE OF SELECTED PROGRAM FEES.
Section 810 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended
by inserting ``educational advising and counseling, exchange
visitor program services, advertising sold by the Voice of
America, receipts from cooperating international
organizations and from the privatization of VOA Europe,''
after ``library services,''.
SEC. 1405. MUSKIE FELLOWSHIP PROGRAM.
(a) Guidelines.--Section 227(c)(5) of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note) is amended--
(1) in the first sentence by inserting ``journalism and
communications, education administration, public policy,
library and information science,'' after ``business
administration,''; and
(2) in the second sentence by inserting ``journalism and
communications, education administration, public policy,
library and information science,'' after ``business
administration,''.
(b) Redesignation of Soviet Union.--Section 227 of the
Foreign Relations Authorization Act, Fiscal Years 1992 and
1993 (22 U.S.C. 2452 note) is amended--
(1) by striking ``Soviet Union'' each place it appears and
inserting ``Independent States of the Former Soviet Union'';
and
(2) in the section heading by inserting ``INDEPENDENT
STATES OF THE FORMER'' after ``FROM THE''.
SEC. 1406. WORKING GROUP ON UNITED STATES GOVERNMENT
SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.
Section 112 of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2460) is amended by adding at the end
the following new subsection:
``(g) Working Group on United States Government Sponsored
International Exchanges and Training.--(1) In order to carry
out the purposes of subsection (f) and to improve the
coordination, efficiency, and effectiveness of United States
Government sponsored international exchanges and training,
there is established within the United States Information
Agency a senior-level interagency working group to be known
as the Working Group on United States Government Sponsored
International Exchanges and Training (hereinafter in this
section referred to as `the Working Group').
``(2) For purposes of this subsection, the term `Government
sponsored international exchanges and training' means the
movement of people between countries to promote the sharing
of ideas, to develop skills, and to foster mutual
understanding and cooperation, financed wholly or in part,
directly or indirectly, with United States Government funds.
``(3) The Working Group shall be composed as follows:
``(A) The Associate Director for Educational and Cultural
Affairs of the United States Information Agency, who shall
act as Chair.
``(B) A senior representative designated by the Secretary
of State.
``(C) A senior representative designated by the Secretary
of Defense.
``(D) A senior representative designated by the Secretary
of Education.
``(E) A senior representative designated by the Attorney
General.
``(F) A senior representative designated by the
Administrator of the Agency for International Development.
``(G) Senior representatives of other departments and
agencies as the Chair determines to be appropriate.
``(4) Representatives of the National Security Adviser and
the Director of the Office of Management and Budget may
participate in the Working Group at the discretion of the
adviser and the director, respectively.
``(5) The Working Group shall be supported by an
interagency staff office established in the Bureau of
Educational and Cultural Affairs of the United States
Information Agency.
``(6) The Working Group shall have the following purposes
and responsibilities:
``(A) To collect, analyze, and report data provided by all
United States Government departments and agencies conducting
international exchanges and training programs.
``(B) To promote greater understanding and cooperation
among concerned United States Government departments and
agencies of common issues and challenges in conducting
international exchanges and training programs, including
through the establishment of a clearinghouse for information
on international exchange and training activities in the
governmental and nongovernmental sectors.
``(C) In order to achieve the most efficient and cost-
effective use of Federal resources, to identify
administrative and programmatic duplication and overlap of
activities by the various United States Government
departments and agencies involved in Government
[[Page H3334]]
sponsored international exchange and training programs, to
identify how each Government sponsored international exchange
and training program promotes United States foreign policy,
and to report thereon.
``(D) Not later than 1 year after the date of the enactment
of the Foreign Relations Authorization Act, Fiscal Years 1998
and 1999, to develop and thereafter assess, annually, a
coordinated and cost-effective strategy for all United States
Government sponsored international exchange and training
programs, and to issue a report on such strategy. This
strategy will include an action plan for consolidating
United States Government sponsored international exchange
and training programs with the objective of achieving a
minimum 10 percent cost saving through consolidation or
the elimination of duplication.
``(E) Not later than 2 years after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999, to develop recommendations on common
performance measures for all United States Government
sponsored international exchange and training programs, and
to issue a report.
``(F) To conduct a survey of private sector international
exchange activities and develop strategies for expanding
public and private partnerships in, and leveraging private
sector support for, United States Government sponsored
international exchange and training activities.
``(G) Not later than 6 months after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999, to report on the feasibility of
transferring funds and program management for the ATLAS and/
or the Mandela Fellows programs in South Africa from the
Agency for International Development to the United States
Information Agency. The report shall include an assessment of
the capabilities of the South African Fulbright Commission to
manage such programs and the cost advantages of consolidating
such programs under one entity.
``(7) All reports prepared by the Working Group shall be
submitted to the President, through the Director of the
United States Information Agency.
``(8) The Working Group shall meet at least on a quarterly
basis.
``(9) All decisions of the Working Group shall be by
majority vote of the members present and voting.
``(10) The members of the Working Group shall serve without
additional compensation for their service on the Working
Group. Any expenses incurred by a member of the Working Group
in connection with service on the Working Group shall be
compensated by that member's department or agency.
``(11) With respect to any report promulgated pursuant to
paragraph (6), a member may submit dissenting views to be
submitted as part of the report of the Working Group.''.
SEC. 1407. 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) In general.--For each of the fiscal years 1998 and
1999, 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. 1408. UNITED STATES-JAPAN COMMISSION.
(a) Relief From Restriction of Interchangeability of
Funds.--
(1) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except''
and all that follows through ``United States'' and inserting
``needed''.
(2) The second sentence of section 7(b) of the Japan-United
States Friendship Act (22 U.S.C. 2906(b)) is amended to read
as follows: ``Such investment may be made only in interest-
bearing obligations of the United States, in obligations
guaranteed as to both principal and interest by the United
States, in interest-bearing obligations of Japan, or in
obligations guaranteed as to both principal and interest by
Japan.''.
(b) Revision of Name of Commission.--
(1) After the date of the enactment of this Act, the Japan-
United States Friendship Commission shall be designated as
the ``United States-Japan Commission''. Any reference in
any provision of law, Executive order, regulation,
delegation of authority, or other document to the Japan-
United States Friendship Commission shall be considered to
be a reference to the United States-Japan Commission.
(2) The heading of section 4 of the Japan-United States
Friendship Act (22 U.S.C. 2903) is amended to read as
follows:
``united states-japan commission''.
(3) The Japan-United States Friendship Act is amended by
striking ``Japan-United States Friendship Commission'' each
place such term appears and inserting ``United States-Japan
Commission''.
(c) Revision of Name of Trust Fund.--
(1) After the date of the enactment of this Act, the Japan-
United States Friendship Trust Fund shall be designated as
the ``United States-Japan Trust Fund''. Any reference in any
provision of law, Executive order, regulation, delegation of
authority, or other document to the Japan-United States
Friendship Trust Fund shall be considered to be a reference
to the United States-Japan Trust Fund.
(2) Section 3(a) of the Japan-United States Friendship Act
(22 U.S.C. 2902(a)) is amended by striking ``Japan-United
States Friendship Trust Fund'' and inserting ``United States-
Japan Trust Fund''.
SEC. 1409. SURROGATE BROADCASTING STUDIES.
(a) Radio Free Africa.--Not later than 6 months after the
date of the enactment of this Act, the United States
Information Agency and the Board of Broadcasting Governors
should conduct and complete a study of the appropriateness,
feasibility, and projected costs of providing surrogate
broadcasting service to Africa and transmit the results of
the study to the appropriate congressional committees.
(b) Radio Free Iran.--Not later than 6 months after the
date of the enactment of this Act, the United States
Information Agency and the Board of Broadcasting Governors
should conduct and complete a study of the appropriateness,
feasibility, and projected costs of a Radio Free Europe/Radio
Liberty broadcasting service to Iran and transmit the results
of the study to the appropriate congressional committees.
SEC. 1410. AUTHORITY TO ADMINISTER SUMMER TRAVEL/WORK
PROGRAMS.
The Director of the United States Information Agency is
authorized to administer summer travel/work programs without
regard to preplacement requirements.
SEC. 1411. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING
APPROPRIATIONS.
Section 701(f) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is
amended by striking paragraph (4).
SEC. 1412. AUTHORITIES OF THE BROADCASTING BOARD OF
GOVERNORS.
(a) Authorities.--Section 305(a)(1) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6204(a)(1))
is amended by striking ``direct and''.
(b) Director of the Bureau.--The first sentence of section
307(b)(1) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6206(b)(1)) is amended to read as follows:
``The Director of the Bureau shall be appointed by the Board
with the concurrence of the Director of the United States
Information Agency.''.
(c) Responsibilities of the Director.--Section 307 of the
United States International Broadcasting Act of 1994 (22
U.S.C. 6206) is amended by adding at the end the following
new subsection:
``(c) Responsibilities of the Director.--The Director shall
organize and chair a coordinating committee to examine long-
term strategies for the future of international broadcasting,
including the use of new technologies, further consolidation
of broadcast services, and consolidation of currently
existing public affairs and legislative relations functions
in the various international broadcasting entities. The
coordinating committee shall include representatives of RFA,
RFE/RL, the Broadcasting Board of Governors, and, as
appropriate, from the Office of Cuba Broadcasting, the Voice
of America, and WorldNet.''.
(d) Radio Broadcasting to Cuba.--Section 4 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by
striking ``of the Voice of America'' and inserting ``of the
International Broadcasting Bureau''.
(e) Television Broadcasting to Cuba.--Section 244(a) of the
Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is
amended in the third sentence by striking ``of the Voice of
America'' and inserting ``of the International Broadcasting
Bureau''.
The CHAIRMAN. Are there amendments to title XIV?
The Clerk will designate title XV.
The text of title XV is as follows:
TITLE XV--INTERNATIONAL ORGANIZATIONS; UNITED NATIONS AND RELATED
AGENCIES
CHAPTER 1--GENERAL PROVISIONS
SEC. 1501. SERVICE IN INTERNATIONAL ORGANIZATIONS.
(a) In General.--Section 3582(b) of title 5, United States
Code, is amended by striking all after the first sentence and
inserting the following: ``On reemployment, he is entitled to
the rate of basic pay to which he would have been entitled
had he remained in the civil service. On reemployment, the
agency shall restore his sick leave account, by credit or
charge, to its status at the time of transfer. The period of
separation caused by his employment with the international
organization and the period necessary to effect
[[Page H3335]]
reemployment are deemed creditable service for all
appropriate civil service employment purposes. This
subsection does not apply to a congressional employee.''.
(b) Application.--The amendment made by subsection (a)
shall apply with respect transfers which take effect on or
after the date of the enactment of this Act.
SEC. 1502. ORGANIZATION OF AMERICAN STATES.
Taking into consideration the long-term commitment by the
United States to the affairs of this hemisphere and the need
to build further upon the linkages between the United States
and its neighbors, it is the sense of the Congress that the
Secretary of State should make every effort to pay the United
States assessed funding levels for the Organization of
American States, which is uniquely dependent on United States
contributions and is continuing fundamental reforms in its
structure and its agenda.
CHAPTER 2--UNITED NATIONS AND RELATED AGENCIES
SEC. 1521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--Of amounts authorized to be
appropriated for ``Assessed Contributions to International
Organizations'' by this Act, the President may withhold 20
percent of the funds appropriated for the United States
assessed contribution to the United Nations or to any of its
specialized agencies for any calendar year if the Secretary
of State determines that the United Nations or any such
agency has failed to implement or to continue to implement
consensus-based decisionmaking procedures on budgetary
matters which assure that sufficient attention is paid to the
views of the United States and other member states that are
the major financial contributors to such assessed budgets.
(b) Notice to Congress.--The President shall notify the
Congress when a decision is made to withhold any share of the
United States assessed contribution to the United Nations or
its specialized agencies pursuant to subsection (a) and shall
notify the Congress when the decision is made to pay any
previously withheld assessed contribution. A notification
under this subsection shall include appropriate consultation
between the President (or the President's representative) and
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(c) Contributions for Prior Years.--Subject to the
availability of appropriations, payment of assessed
contributions for prior years may be made to the United
Nations or any of its specialized agencies notwithstanding
subsection (a) if such payment would further United States
interests in that organization.
(d) Report to Congress.--Not later than February 1 of each
year, the President shall submit to the appropriate
congressional committees a report concerning the amount of
United States assessed contributions paid to the United
Nations and each of its specialized agencies during the
preceding calendar year.
SEC. 1522. REPORTS ON EFFORTS TO PROMOTE FULL EQUALITY AT THE
UNITED NATIONS FOR ISRAEL.
(a) Congressional Statement.--It is the sense of the
Congress that the United States must help promote an end to
the persistent inequity experienced by Israel in the United
Nations whereby Israel is the only longstanding member of the
organization to be denied acceptance into any of the United
Nation's regional blocs.
(b) Reports to Congress.--Not later than 90 days after the
date of the enactment of this Act and on a quarterly basis
thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report which includes
the following information (in classified or unclassified form
as appropriate):
(1) Actions taken by representatives of the United States
to encourage the nations of the Western Europe and Others
Group (WEOG) to accept Israel into their regional bloc.
(2) Efforts undertaken by the Secretary General of the
United Nations to secure Israel's full and equal
participation in that body.
(3) Specific responses received by the Secretary of State
from each of the nations of the Western Europe and Others
Group (WEOG) on their position concerning Israel's acceptance
into their organization.
(4) Other measures being undertaken, and which will be
undertaken, to ensure and promote Israel's full and equal
participation in the United Nations.
SEC. 1523. UNITED NATIONS POPULATION FUND.
(a) Limitation.--Subject to subsections (b), (c), and
(d)(2), of the amounts made available for each of the fiscal
years 1998 and 1999 to carry out part I of the Foreign
Assistance Act of 1961, not more than $25,000,000 shall be
available for each such fiscal year for the United Nations
Population Fund.
(b) Prohibition on Use of Funds in China.--None of the
funds made available under this section shall be made
available for a country program in the People's Republic of
China.
(c) Conditions on Availability of Funds.--
(1) Not more than one-half of the amount made available to
the United Nations Population Fund under this section may be
provided to the Fund before March 1 of the fiscal year for
which funds are made available.
(2) Amounts made available for each of the fiscal years
1998 and 1999 under part I of the Foreign Assistance Act of
1961 for the United Nations Population Fund may not be made
available to the Fund unless--
(A) the Fund maintains amounts made available to the Fund
under this section in an account separate from accounts of
the Fund for other funds; and
(B) the Fund does not commingle amounts made available to
the Fund under this section with other funds.
(d) Reports.--
(1) Not later than February 15, 1998, and February 15,
1999, the Secretary of State shall submit a report to the
appropriate congressional committees indicating the amount of
funds that the United Nations Population Fund is budgeting
for the year in which the report is submitted for a country
program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that the
United Nations Population Fund plans to spend China country
program funds in the People's Republic of China in the year
covered by the report, then the amount of such funds that the
Fund plans to spend in the People's Republic of China shall
be deducted from the funds made available to the Fund after
March 1 for obligation for the remainder of the fiscal year
in which the report is submitted.
SEC. 1524. CONTINUED EXTENSION OF PRIVILEGES, EXEMPTIONS, AND
IMMUNITIES OF THE INTERNATIONAL ORGANIZATIONS
IMMUNITIES ACT TO UNIDO.
Section 12 of the International Organizations Immunities
Act (22 U.S.C. 288f-2) is amended by inserting ``and the
United Nations Industrial Development Organization'' after
``International Labor Organization''.
The CHAIRMAN. Are there amendments to title XV?
Amendment Offered by Mr. Paul
Mr. PAUL. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Paul:
After chapter 2 of title XV (relating to international
organizations; United Nations and related agencies) insert
the following new chapter:
CHAPTER 3--AMERICAN SOVEREIGNTY RESTORATION ACT
SEC. 1531. SHORT TITLE.
This chapter may be cited as the ``American Sovereignty
Restoration Act of 1997''.
SEC. 1532. REPEAL OF UNITED NATIONS PARTICIPATION ACT.
(a) Repeal.--The United Nations Participation Act of 1945
(Public Law 79-264) is repealed.
(b) Closure of United States Mission to United Nations.--
Effective within 120 days after the date of the enactment of
this Act, the United States Mission to the United Nations
shall be closed. Any remaining functions of such office shall
not be carried out.
(c) Notice.--The Secretary of State shall notify the United
Nations of the withdrawal of the United States from the
United Nations as of the date of the enactment of this Act.
SEC. 1533. REPEAL OF UNITED NATIONS HEADQUARTERS AGREEMENT
ACT.
(a) Repeal.--The United Nations Headquarters Agreement Act
(Public Law 80-357) is repealed.
(b) Withdrawal.--Effective on the date of the enactment of
this Act, the United States withdraws from the agreement
between the United States and the United Nations regarding
the headquarters of the United Nations (signed at Lake
Success, New York, on June 26, 1947, which was brought into
effect by the United Nations Headquarters Agreement Act).
(c) Notice.--The Secretary of State shall notify the United
Nations that the United States has unilaterally withdrawn
from the agreement between the United States of America and
the United Nations regarding the headquarters of the United
Nations as of the date of the enactment of this Act.
SEC. 1534. UNITED STATES ASSESSED AND VOLUNTARY CONTRIBUTIONS
TO THE UNITED NATIONS.
(a) Termination.--No funds are authorized to be
appropriated or otherwise made available for assessed or
voluntary contributions of the United States to the United
Nations.
(b) Application.--The provisions of this section shall
apply to all agencies of the United Nations, including
independent or voluntary agencies.
SEC. 1535. UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) Termination.--No funds are authorized to be
appropriated or otherwise made available for any United
States contribution to any United Nations military operation.
(b) Terminations of United States Participation in United
Nations Peacekeeping Operations.--No funds may be obligated
or expended to support the participation of any member of the
Armed Forces of the United States as part of any United
Nations military or peacekeeping operation or force. No
member of the Armed Forces of the United States may serve
under the command of the United Nations.
SEC. 1536. WITHDRAWAL OF UNITED NATIONS PRESENCE IN
FACILITIES OF THE GOVERNMENT OF THE UNITED
STATES AND REPEAL OF DIPLOMATIC IMMUNITY.
(a) Withdrawal From United States Government Property.--The
United Nations (including any affiliated agency of the United
Nations) shall not occupy or use any property or facility of
the United States Government.
[[Page H3336]]
(b) Diplomatic Immunity.--No officer or employee of the
United Nations or any representative, officer, or employee of
any mission to the United Nations of any foreign government
shall be entitled to enjoy the privileges and immunities of
the Vienna Convention on Diplomatic Relations of April 18,
1961, nor may any such privileges and immunities be extended
to any such individual.
SEC. 1537. REPEAL OF UNITED NATIONS EDUCATIONAL, SCIENTIFIC,
AND CULTURAL ORGANIZATION ACT.
(a) Repeal.--The Act entitled ``An Act providing for
membership and participation by the United States in the
United Nations Educational, Scientific, and Cultural
Organization, and authorizing an appropriation therefor''
approved July 30, 1946 (Public Law 79-565) is repealed.
(b) Notice.--The Secretary of State shall notify the United
Nations that the United States has withdrawn from membership
in the United Nations Educational, Scientific, and Cultural
Organization as of the date of the enactment of this Act.
SEC. 1538. REPEAL OF UNITED NATIONS ENVIRONMENT PROGRAM
PARTICIPATION ACT OF 1973.
(a) Repeal.--The United Nations Environment Program
Participation Act of 1973 is repealed.
(b) Notice.--The Secretary of State shall notify the United
Nations that the United States has withdrawn from membership
in the United Nations Environment Program Participation as of
the date of the enactment of this Act.
Mr. PAUL (during the reading). Mr. Chairman, I ask unanimous consent
the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Texas?
There was no objection.
Mr. PAUL. Mr. Chairman, this amendment is not complex; it is very
simple. If it is passed, we would get out of the United Nations, and
there is a lot of people in this country who do not believe the United
Nations has served us well and believe we should not be in the United
Nations, and I think that we should consider this very seriously today.
The American people, many now are concerned that our sovereignty is
being attacked in many ways; one by the United Nations membership in
the United Nations. Today we have, of course, the IMF and the World
Bank that we have been involved in a long time, and just recently we
had joined the World Trade Organization, which is another international
government agency and government body that usurps our rights and our
privileges and interferes with our legislative process, especially in
the area of environmentalism and labor law.
Our Constitution does not give us the authority to sell our
sovereignty to an international government body, and even under the
treaty provisions of the Constitution it is not permissible. The treaty
provision does not allow us, for instance, to undermine the Bill of
Rights. Therefore, giving up our national sovereignty through a treaty,
an agreement to serve or participate in the United Nations, is not
legitimate.
The movement we have seen here in the last several years has been
toward managed trade. It has been managed trade in the name of free
trade. But instead of free trade we get more government organizations
and more international controls over our lives.
We have seen in the last several decades loss of American lives
serving under the UN banner. The American people are now sick and tired
of seeing U.S. troops serving under foreign commanders under the UN
banner. We were humiliated in Somalia as dead American troops were
dragged through the street, and it is time we question this, whether
this is to our benefit. Our national sovereignty is not served.
Just recently the President gave a speech at the graduation ceremony
at West Point. He says in the years ahead it means that one could be
asked to put their life on the line for a new NATO member just as today
one can be called upon to defend the freedom of our allies in Western
Europe. That is not part of the American system.
Yes, we are obligated to provide a strong national defense, but there
is no way that the American taxpayer is obligated to make an attempt to
provide freedom throughout the world and defend everybody that has a
problem. The whole notion that we can be the peacemaker where there
have been wars going on for thousands of years is preposterous. This is
one way for us to get very much involved in battles that we do not need
to be involved.
I see our involvement in the United Nations and placing of troops
around the world as a threat to our national security. We are low on
funds, and we are spending way too much money. Since 1945, we have
spent over a hundred or nearly $100 billion in UN efforts.
Some would say is that not wonderful? Look at what we have done. We
have the Soviet Union has disintegrated over this type of policy and
working through the UN, but that is not the reason the UN
disintegrated, or the Soviet Union disintegrated. It is because they
had bad economic policy and it was destined that they would
disintegrate. We cannot be the peacemaker.
And there is another reason why we get so much involved with these UN
organizations and UN functions, and that has to do with the many
corporations that have influence with policy here. So when we go into
Bosnia and we send troops there or send troops into Haiti, sure enough
there are some very wealthy American corporations who are bound to get
their contracts to go in, and they can very frequently be the strongest
lobbyists for our intervention in these countries around the world.
Some argue that we are the only superpower left and therefore we must
fill the gap. I think that is a very good argument for starting to
bring our legions home. How long do we have to police the world? Will
we ever come to our senses? Are we going to drive ourselves into a
bankruptcy before we come to our senses and decide that maybe we have
extended ourselves too far?
We have recently seen that under treaties by international treaties
and UN treaties that even our parks are marked by UN functionaries;
that is, there is an influence in the management and supervision coming
from the United Nations. This is not permissible under our
Constitution.
Mr. HASTINGS of Florida. Mr. Chairman, most respectfully I rise to
oppose the gentleman's amendment, and I share with him a recent travel
with reference to the actions of the United Nations.
The chairman of the Subcommittee on Africa [Mr. Royce], along with
the ranking member of that committee, the gentleman from New Jersey
[Mr. Menendez], myself and three other Members of the House of
Representatives were just in South Africa and in Angola and in Zaire
and in Zimbabwe. We needed to get to Zaire, and we were ferried there
on a United Nations airplane. While there we saw United Nations efforts
ongoing, and I remind the gentleman from Texas to not give the
impression that only United States troops are involved in our methods
of the United Nations, but the largest United Nations contingent in the
world today is in Angola, and they have saved millions of lives and
have kept the peace, at least momentarily, in that country.
I need not carry my colleague around the world, but this amendment in
the final analysis would require, as the gentleman says, the United
States to withdraw from the UN how much does he feel that we should
contribute to peacekeeping efforts? How much should we be involved in
ensuring that the vital interests of the United States around the world
are protected?
I am glad the gentleman from Texas [Mr. Paul] offered the amendment
because it offers us the opportunity for a real debate on the United
Nations. This amendment clarifies that debate. Simply put, do we stay
in the UN and work to reform it, or do we just get out? And that is
sort of really in the final analysis an isolationist view, getting out
of this world as this economy globalizes. I would hope that some
Members of this body remember and recognize that for all of its warts
the United Nations does also serve important United States interests
around the world.
Many of us often express doubts about the United Nations, but at the
end of the day every United States President has decided that United
States participation in the United Nations is in the interests of the
United States, and I might add every means every since its inception. I
believe that the United Nations is indispensable as one of many tools
of United States foreign policy. As the only superpower, and my
colleague so rightly points that out, the United States will be called
upon more and more often to intervene in conflicts around the world to
protect
[[Page H3337]]
our vital interests. Unless we want to carry this burden alone, my
distinguished colleague, and I do not think we can or should, we must
be prepared to shift some of the responsibilities, as well as the
costs, to other nations.
Do I favor a reformed United Nations? You bet. And have I told all
persons with whom I have come in contact, including the Secretary of
State of this great country, that? Yes, I have. I believe this means we
must help to strengthen institutions such as the United Nations so that
it can take the lead in peacekeeping operations and the United States
can benefit from burden sharing. I hear that term used often.
Mr. Chairman, I would like to note that other United Nations programs
also serve the United States interests. The World Health Organization,
for example, led in the successful fight to eradicate smallpox from the
face of the Earth and are busying themselves now working throughout the
world in a variety of disease containment circumstances.
The International Atomic Energy Agency helps enforce crucial
safeguards on nuclear materials. The International Civil Action
Organization helps maintain safe air travel. Our payments to these
agencies help to build a better and safer world.
Should we, as I say, work for major reforms in the United Nations?
Yes. This amendment prejudges that question by saying we should just
get out, wash our hands and turn our backs on the world.
I urge all Members to vote against the amendment offered by the
gentleman from Texas [Mr. Paul].
Mr. PAUL. Mr. Chairman, will the gentleman yield?
Mr. HASTINGS of Florida. I yield to the gentleman from Texas.
Mr. PAUL. Mr. Chairman, the gentleman points out that every President
since the inception of the UN has supported the UN, but I might suggest
that every President prior to that supported a foreign policy which was
considered non-interventionist, pro-American, and that should be taken
into consideration as well.
Mr. SMITH of New Jersey. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I rise in opposition to the amendment, and again with
all deference and respect for my good friend, the gentleman from Texas
[Mr. Paul] I do rise against his amendment. I think it would deny us an
opportunity to promote world peace and do some of the things that we
have been doing so well and not so well at times through the United
Nations.
Let me just say that if his amendment were passed, we would no longer
be participating in the UN Children's Fund, and there is $100 million
in this bill targeted to UNICEF. UNICEF has been part of the global
effort to eradicate preventable diseases that affect children, like
pertussis, polio, tetanus, diptheria and other menacing diseases,
measles, and it seems to me that if we were to take that money away, we
would see more children die from these preventable diseases. The UN is
not perfect, the UN Children's Fund is not perfect, but at least it
gives us an opportunity to protect children and to tangibly stop
mortality and morbidity among these victims of these diseases.
Refugees. The UN High Commission of Refugees tells us that they have
some 26 million people of interest to the UNHCR. We would no longer and
much of our money again that is in this bill, we have $704 million for
refugee assistance goes to the UNHCR that provides the camps and the
safe havens, if my colleagues will, for those who are escaping tyranny
or other devastating situations in their countries.
The UNHCR again is not perfect, it has many flaws. I am one of its
chief critics. But it does provide a very valuable humanitarian
assistance that will be lost.
The ILO is another UN sponsored agency, the International Labor
Organization. We have $20 million that is earmarked or put a
designation for that money. When we marked up, it was part of my
original draft bill to eradicate the exploitation of children around
the world. We had 2 hearings in the subcommittee last year on this
issue of the exploitation of kids, child labor.
We even heard from some of those who were in the news regarding it.
We heard from a girl from Honduras who had been through the mill and
exploited by her employer. The ILO has action plans in countries that
work, that help to eradicate and sensitize government officials. To get
us out of the ILO, I think, would be a mistake.
{time} 1830
Peacekeeping; again, if we look at UNPROFOR, if we look at some of
the peacekeeping missions that have gone awry, including Somalia, it
gives a black mark to what the Blue Helmets do, but they have had many
successful interventions. Had it not been for the U.N. peacekeepers,
many, many people, civilians, would have been dead, and those long-term
missions continue. We have combatants and people who would be at each
other had it not been for the fact that these people interposed
themselves to separate these warring factions.
The U.N. Security Council continues to provide us a way of mobilizing
world support as we did in operation Desert Shield and Desert Storm to
mobilize the world against the tyranny of Saddam Hussein. That became
an international action because we had the capability to use the U.N.
to make it a unified effort.
There are consensus-breakers. And my subcommittee oversees, I say to
my friend, the U.N., and nobody criticizes them more than I do. They
have had recent conferences like the recent conference in Cairo and
Beijing where some very egregious policies were being promoted and
foisted on the developing world. These are consensus-breakers. The gay
agenda, the abortion rights agenda, the developing world does not want
it. And there will be amendments later on today that I will offer that
will say specific agencies, like U.N. Population Fund, get out of China
where we have co-managed and been part of the coercion of women to have
forced abortions and forced sterilizations, that is where the U.N. goes
awry. We ought to target our opposition to those that commit these very
serious crimes.
Mr. PAUL. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from Texas.
Mr. PAUL. Mr. Chairman, the gentleman mentioned the UNICEF program,
$100 million. It is well motivated and I think the intentions are very
good, and my colleague does admit that sometimes the consequences are
not exactly what we want. But the question is, do we have this
authority to take money from poor people in this country and make these
attempts to do these social programs overseas. I do not see the
authority, and I do not think the programs work that well.
The gentleman mentioned fighting the Persian Gulf war. We were
serving oil interests there. I mean we went in there for that, oil
interests. They said it was our oil, it was not our oil. But now, who
is paying the cost? Thousands, 34,000, 40,000, 50,000 Americans now
suffer from gulf war syndrome. So I would say there is a much higher
cost than anybody realizes and we cannot ignore that.
Mr. SMITH of New Jersey. Mr. Chairman, I appreciate the gentleman
making those points.
On UNICEF, I myself on a number of occasions have talked to
leadership people, including Carol Bellamy, who is director of UNICEF.
The CHAIRMAN. The time of the gentleman from New Jersey [Mr. Smith]
has expired.
(By unanimous consent, Mr. Smith of New Jersey was allowed to proceed
for 3 additional minutes.)
Mr. SMITH of New Jersey. Mr. Chairman, I have asked her and relayed a
message that there is a growing concern in Congress, among the American
people that, if they move in or evolve into some kind of abortion
promotion, which some of their people would like to see, it is over. We
will find other ways of using our money to advance the child survival
revolution. We need to continue, I think, to give those messages in a
very real way, and I will offer the amendment on the floor, if
anything, to curtail that funding and make sure that it is given to
other child survival programs throughout the world.
Mr. HASTINGS of Florida. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Chairman, I offer a segue off of what
the
[[Page H3338]]
gentleman from New Jersey [Mr. Smith] said, and refer to the assertions
of the gentleman from Texas [Mr. Paul] with reference to oil and Desert
Storm and carry him back to my remarks regarding Angola, which we just
visited under the aegis of the gentleman from California [Mr. Royce],
chairman of the Subcommittee on Africa.
I would say to my colleague from Texas [Mr. Paul] that we get 7
percent of our oil in the United States from Angola. The U.N.
peacekeeping mission there does not have one American soldier involved
at all, and that helps us to maintain that level of civility.
I thank the gentleman for yielding.
Mr. SMITH of New Jersey. Let me conclude, and again, there are
consensus-breakers, and I think the diplomats and the leaders of the
U.N. need to be on notice that, if they continue the social
engineering, one, they will not get their arrearages; and, secondly,
the efforts that the gentleman from Texas is undertaking will gain
support among the American people, and I think at some point there will
be an effort to take us out of it and to severely restrict our funding
to it. But right now I think we ought to try to reform it.
Mr. PAUL. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from Texas.
Mr. PAUL. Mr. Chairman, I certainly will support some of these
reforms, especially in curtailing some of these funds going to
abortion. Certainly that would be repugnant to me. But still, I go back
to the issue of the cost. Yes, we want to do good, but can we do this
by harming poor people in this country, because when we tax and take
money from this country, we really do contribute to problems in this
country, unemployment, inflation, deficits; and this is all part of the
picture.
So can we morally justify injuring our people here at home with the
pretense that we are doing good overseas?
Mr. SMITH of New Jersey. Mr. Chairman, if I could reclaim my time,
the bottom line is, it is a very modest commitment. When we juxtapose
foreign aid to the rest of the budget, it is about 1 percent, it is not
very much. We are talking about, and I believe we ought to be our
brother's and sister's keeper. There are times when we need to become
involved. And when there is a humanitarian crisis, it behooves us to be
out there first and foremost with all of the possible medicines, foods
and the like.
Mr. PAUL. Mr. Chairman, if the gentleman would continue to yield, I
certainly agree that we should have concern. If we left more money in
the hands and pockets of the American people, they would be charitable,
and I do believe we would help them. I believe when we take money from
poor people, put it in the hands of government and give it to another
government, that is when we get into trouble. If we left more money in
the hands of the American people and allowed them to be charitable, I
believe the outcome would be much better.
Mr. GILMAN. Mr. Chairman, I move to strike the requisite number of
words.
I rise in opposition to the gentleman's proposal. He certainly has
made a lot of strong arguments that we recognize. However, I just want
to remind the gentleman from Texas [Mr. Paul] that there is a test
force at work to try to put severe conditions into reforming the United
Nations, to make it more effective, to make it more cost-effective as
well.
We will have a separate bill on the U.N. arrearages coming up very
shortly, and we will have an opportunity to debate that at that time.
But in that bill I hope the gentleman will watch closely for the
conditions that we are trying to impose on the United Nations to do
some of the things the gentleman is concerned about, to make certain
there is not going to be waste and that there is going to be a more
effective administration.
I think this amendment could harm our vital interests. If we can keep
people talking to each other and keep them apprised of some of the
problems around the world, we are going to save them from going into
hostile action, that would cost us even more than the U.N. problems are
costing us today. I hope that the distinguished gentleman will bear
that in mind as he looks forward to what we can do about reforming the
United Nations.
Mr. SHAYS. Mr. Chairman, will the gentleman yield?
Mr. GILMAN. I yield to the gentleman from Connecticut.
Mr. SHAYS. Mr. Chairman, I appreciate the gentleman yielding to me. I
rise in strong opposition to this amendment. I do not serve on the
Committee on International Relations, and I have deferred in the past
to debates on these issues. However, sincere as I believe my colleague
from Texas is, I think he is absolutely dead wrong. I would just say
that I believe in the sincerity of the amendment; I just think it is
dead wrong.
As a former Peace Corps volunteer, I do not want to live in these
United States the way I lived and saw the absolute abject poverty that
exists around the world. There is no poverty close to the kind of
poverty we see in Africa and other areas of the world. We need the
United Nations. We need not be the world's policeman, we need not be
the world's peacemaker; we need to join with others in sharing that
responsibility.
I was here during the awful tragedy in Somalia, and that was not the
fault of the United Nations; that was the fault of our own policy and
how we carried it out. I agree with those who say the United Nations
needs to be more efficient, the United Nations needs to be more
effective. We need to be active partners in the United Nations.
Frankly, we need to pay our debts to the United Nations and be the
world leaders that we should be and set the example we should. I thank
the gentleman for yielding.
The CHAIRMAN. The gentleman from New York controls the time.
Mr. PAUL. Mr. Chairman, will the gentleman yield?
Mr. GILMAN. I yield to the gentleman from Texas.
Mr. PAUL. Mr. Chairman, I have no false illusions about the
amendment, but I think it is very important to talk about these issues,
because I do believe that I am on the right track when it comes to what
is authorized in the Constitution and, also, what is very popular with
a lot of Americans. I think that is important. People have a hard time
when they see money going to programs like this, they have a great deal
of trouble accepting it.
The end of this will come, not because I say so or not because my
amendment will pass, but all great nations finally fall when they get
too stretched out financially and in their foreign policy and in their
military, and we are vulnerable to that. We have great deficits, bigger
than are admitted, and we are on a course. We have not really attacked
the budget, we are not cutting back.
It was suggested earlier that this was just a small amount. Well,
every bill is just a small amount when we look at a $1.7 trillion
budget; so it is a small amount, but it continues to add up. Eventually
great nations fall when they overextend. I fear for that, I fear for
America, because I believe we are on the wrong track.
I do not believe we should be the policeman of the world. I do not
believe the programs have been all that successful, and we should do
our very best to debate this. If nothing else, maybe some of the
reforms will do some good if we do not have my way now. But someday we
will, because we are going to run out of money.
Mr. GILMAN. Mr. Chairman, I thank the gentleman for his remarks.
Mr. GEJDENSON. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, we are in a situation where with the dissolution of the
Soviet Union, some people in this country, some Members of Congress,
feel as if we can crawl back into a continental shell and ignore the
rest of the globe. The reality is, unlike at any time in history before
today, this economy and the survival of America as a leader of the
world is dependent on our international involvement. When we look at
the jobs that are produced as a result of trade globally, it is because
of America's foreign policy leadership that we have markets in the
world unmatched by any other country.
The U.N. is an instrument of America's interest. We have a control in
that body unlike most international organizations that give us veto
power. The question is whether or not this country is better off
dealing with the crises and
[[Page H3339]]
problems that challenge the world community through an organization
that debates the issues, or should we leave all of our debates to the
battlefield? The U.N. is an institution important to America's national
interests. People who care about our future economy and our security
and the values that we believe in ought to support the U.N. We ought to
try to make it as efficient as possible, but there is no question that
America's interests lie in a United Nations that is efficient, that is
strong, and that deals with the challenges we face in a multilateral
manner.
Mr. PAUL. Mr. Chairman, will the gentleman yield?
Mr. GEJDENSON. I yield to the gentleman from Texas.
Mr. PAUL. Yes, I am concerned about the same things. I want peace and
security for our country. That is our number one responsibility here,
not to socialize the world and run a welfare state. But a policy of
neutrality has been more consistent with that of peace throughout our
history and throughout the history of the world. It is when we are
interventionists, when we impose our will on other people; that is how
America gets a black eye.
Mr. GEJDENSON. Mr. Chairman, reclaiming my time, there was a time we
were neutral through World War II until Pearl Harbor brought us into
that war. I cannot tell my colleague what would have happened if the
League of Nations had survived and this country had stayed active
politically in the world, whether we could have avoided the horrors of
World War II. But there is no question in my mind that, if we withdraw
from the United Nations, it will increase the likelihood that America's
men and women will fall on battlefields and face challenges economic
and military that we can avoid when we have a place to have a dialogue.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, in listening to the debate, I think that there is
something that the Paul amendment clearly misses. It misses the very
pivotal roll that the United Nations plays in the concept of peace.
In listening to the distinguished gentleman from Florida [Mr.
Hastings], a member of the Committee on International Relations, let me
join him in acknowledging on a recent visit to southern Africa how
vital the United Nations was in bringing about democracy to southern
Africa, how vital the United Nations was in protecting life and limb
and human rights, and how vital the United Nations was in bringing
parties together that could not speak.
Therefore, I would simply say that, albeit well-intended, the United
Nations is a body where disparate voices can be heard. It is a body
where rising and growing and important African nations have a stake,
along with other members of this world family.
{time} 1845
The United Nations is a place where China meets India, where South
America meets African nations, where the United States and Canada draw
together, where the European nations come together. There is not one
other body that brings all of the world's countries together. It is
unlike the European Union, it is unlike the OAU. It is certainly unlike
the organization that deals with South America and Latin America. It is
unlike any other organization. So it would be unlike us to thwart the
actions of the United Nations in bringing peace now and tomorrow.
I would ask that this amendment be defeated because I think it is
important to recognize what the United Nations stands for. It stands
for drawing individuals together, and it stands for an opportunity for
dialogue for those who could not dialogue otherwise.
Mr. ENGEL. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I must rise to oppose the amendment. In fact, I think
it is preposterous to even think at this stage of the game, in 1997,
that we would even consider such an amendment to pull the U.S. out of
the U.N. We ought to take the U.N., after the struggle to defeat the
Soviet Union and to defeat communism, and we were successful, we ought
to take the United Nations and utilize the United Nations to help
further United States' interests, to help further United States'
foreign policy.
When I was a member of the Committee on International Relations and
Madeleine Albright was the U.N. rep, she came and said that. I agreed
with her 100 percent. Now, now that the fight against the Soviet Union
has been won, the Cold War has been won, the U.S. has emerged as the
world's last remaining superpower, are we going to just take that and
throw it all away?
We claim in this body that we want the world to emulate the United
States. We want other nations to have free market economies. We want
other nations to practice democracy. We say we want to promote
democracy all over the world. What better ways to do it than through an
international body like the United Nations?
As my friend and colleague from Florida said, yes, the U.N. needs to
be reformed, the U.N. needs to be changed, the U.N. needs to tighten
its belt. There are lots of things the U.N. needs to do. But will the
U.N. do it if the United States, the leader of the world, is not part
and parcel of that driving force? I would say no.
I would say, furthermore, that it is an embarrassment that the United
States owes more than $1 billion in dues, in arrearages, to the U.N.
That is an embarrassment. That undermines the United States'
effectiveness and leadership in the United Nations, because it is very
difficult for us to say to nations of the world what we think they
ought to do when we are the biggest deadbeats, unfortunately, in the
United Nations.
So rather than pull out of the United Nations, I think what we should
do is pay our U.N. dues, pay the money we owe, and make sure that the
U.N. reforms itself. Mr. Chairman, I think that the United States, as
the last remaining superpower on this Earth, has an obligation not to
the world but to ourselves.
Is the world not safer if democracy prevails with the United States
there as a strong force in the U.N.? Is the world not safer if free
market economies begin to flourish across the globe with the United
States as part of the U.N., being the most influential member in the
U.N.?
I can tell the Members, in countries that I have visited, they are
literally begging us for a little bit of assistance. A little bit of
aid would go a long, long way. I think the direction that this Congress
has been taking is a wrong direction. We ought to be expanding foreign
aid. It helps the United States. Three quarters of the aid that we send
or give to other countries is put back into the United States in the
purchase of goods and services, American goods and services. So we help
ourselves and we help the world, and we make sure that democracy
flourishes and free market economies flourish.
Pulling us out would be just absolutely preposterous, and would be
terrible not only for the world but for the United States. We need to
lead. We do not need to recoil. We do not need to be isolationists. The
world is shrinking, and I believe that the United States continues and
should continue to play a vital role in ensuring that democracy and
free market economy is spread.
Again, it is in furtherance of our own self-interest. Now that the
Soviet Union is no longer around, we can grab the bull by the horns. We
can shape the United Nations. We can shape the world in terms of what
we would like to see. That is done with a strong U.S. presence, not
with U.S. removal from the United Nations. So I believe this is just
the absolute wrong direction in which we ought to move. I really think
that this is, frankly, one of the silliest things I have seen since I
have been in Congress.
Mr. PAUL. Mr. Chairman, will the gentleman yield?
Mr. ENGEL. I yield to the gentleman from Texas.
Mr. PAUL. Mr. Chairman, the gentleman mentioned that the Soviet Union
disintegration might be attributed to the United Nations, but quite
frankly, it was because the U.N. did not deal with them as much as
others. Think about the first episode of the U.N. troops going into
Korea. We still have a dictator in North Korea, we have a government in
South Korea that we protect that is not necessarily civil libertarian.
Yet that is as a result of U.N. action. The Soviet system collapsed
because they had a failed economic system.
[[Page H3340]]
I would like to just mention, and I feel very lonely here in the
Congress, but take a look at this. This is a stack of petitions,
thousands of petitions by the American people who disagree with our
policy and would like us to at least address it, and not call it silly.
Mr. ENGLE. Mr. Chairman, reclaiming my time, I was one of the
Democrats that broke with my party and supported President Bush in the
Persian Gulf war. And because we had the United Nations and other
people, we were very, very effective.
The CHAIRMAN. The time of the gentleman from New York [Mr. Engel] has
expired.
(By unanimous consent, Mr. Engel was allowed to proceed for 30
additional seconds.)
Mr. ENGEL. Mr. Chairman, I supported President Bush in Operation
Desert Storm. I think that was one of the times we utilized the United
Nations, and we utilized the international community to further U.S.
foreign policy interests. It was good for this country and it was good
for the world. I want to say that we can do that again, and we can do
that again if the United States is a vital force in the United Nations,
not pulling out of the United Nations. That would be the opposite thing
we ought to do.
Mr. PAUL. If the gentleman will continue to yield, let me point out
that authority came from the United Nations.
Mrs. LOWEY. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in opposition to the amendment. I rise in strong
opposition to this amendment. With all respect for my colleague, I
think we have an obligation as Members of Congress to lead. I
understand that there are constituents of the gentleman's and perhaps
constituents of mine who are concerned with daily life. They are
worried about how they are going to pay the bills, they are worried
about how they are going to send their youngsters to college, they are
worried about how they are going to pay the mortgage. These occupations
consume them.
But as Members of Congress, I think we have a responsibility to
explain to those constituents that the United States plays a key role
in this world, and we are the leaders of the free world. For those of
us who have an opportunity to see the important works of the United
Nations, we have to speak out loudly and clearly that by raising the
economic standard, by raising the standard of living of people in
countries that many of our constituents have never visited, we are
helping ourselves here in the United States.
Mr. Chairman, I feel very strongly that we have to pay our U.N. dues.
We have to pay our arrearages. We have been a leader in the United
Nations, and the fact that we have not paid our dues and have not met
our responsibility does harm to our position in the United Nations.
When we look at the programs of, for example, the United Nations
development program, and we see that this program has a real impact in
many of the areas of the world in health care, in education, in giving
people the opportunity to work and get a job and raise their standard
of living, this helps us. Ignorance breeds violence too often in
distant corners of the world.
Therefore, I think we have to explain to our constituents that if we
give a person in Kenya, for example, or Botswana the opportunity to
create a job for themselves, sometimes $300 to a microcredit program
helps a woman stand tall, and this supports a whole family. This can
support a whole community. We have an obligation, Mr. Chairman, to help
educate our constituents.
Now, the United Nations is not perfect. There are many things that I
would agree with my colleague on. We have to work, work with the new
Secretary General, to make sure that these areas are reformed. But I
would ask my colleagues to oppose this amendment, and in fact, take a
strong position to support the United Nations and to make sure that the
United States can stand tall and fulfill our responsibilities as a
leader in the world by paying our arrearages.
Mr. PAUL. Mr. Chairman, will the gentlewoman yield?
Mrs. LOWEY. I yield to the gentleman from Texas.
Mr. PAUL. Mr. Chairman, I share the gentlewoman's desire for the
United States to be a leader. It is just that my concept of leadership
is different. We have troops in 100 countries of the world. That does
not have very much to do with our national security. I am for
neutrality. I want to be friends with everybody. Some say this is an
isolationist viewpoint. It has nothing to do with isolationism, if we
combine it with free trade.
This whole notion that we are isolating and drawing back, yes, we
would like to draw some of our troops back, maybe because we are not
authorized, it is not part of our national security, we do not have the
funds, and it gets us into trouble. Those are the reasons why the
American people are sick and tired of all this adventurism overseas.
Mr. HASTINGS of Florida. Mr. Chairman, will the gentlewoman yield?
Mrs. LOWEY. I yield to the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Chairman, I would say to the gentleman
from Texas [Mr. Paul], my distinguished colleague, those 100 countries
the gentleman asserts we have troops in are not all under the aegis of
the United Nations. Many of those are our bilateral responsibilities,
and some are unilateral.
Mrs. LOWEY. Mr. Chairman, reclaiming my time, I would say to the
gentleman from Texas [Mr. Paul], again I would like to respectfully
disagree. It has been our policy that educating the populations of the
world, spreading democracy, has been in the interests of the United
States. I would like to close by saying that it is in the interest of
our country, of our constituents, that we do what we can to strengthen
the United States, to invest in world peace. Hopefully this will keep
our community safe here at home.
I would like to work with the gentleman to invest in our communities
at home, to help our families be strengthened through education and
through housing and health care programs. But in order to keep our
constituents safe at home, we have a responsibility, in my judgment, to
strengthen our role in the United Nations, to be sure that we have a
United Nations that can continue to work for world peace. That is in
the interest of our constituents here at home.
Mr. PAUL. If the gentlewoman will continue to yield, Mr. Chairman, I
think a lot of American people want to feel secure. That is obviously
part of our responsibility. But a lot of people in this country now
would feel more secure if they could keep more of their own money and
we were not so adventurous.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas [Mr. Paul].
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. PAUL. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 159, further proceedings
on the amendment offered by the gentleman from Texas [Mr. Paul] will be
postponed.
{time} 1900
The CHAIRMAN. Are there further amendments to title XV?
Amendment Offered by Mr. Stearns
Mr. STEARNS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Stearns: Page 156, line 12, strike
``Secretary of State'' and insert ``Congress''.
Mr. STEARNS. Mr. Chairman, I have in my hand the actual bill, H.R.
1757. If my colleagues are interested, on page 156, I am just going to
read what it says in the one word we are substituting.
Of amounts authorized to be appropriated for ``Assessed
Contributions to International Organizations'' by this act,
the President may withhold 20 percent of the funds
appropriated for the United States assessed contribution to
the United Nations or any of its specialized agencies for any
calendar year if the Secretary of State.
My colleagues, all my amendment does is delete the words ``Secretary
of State'' and put in the word ``Congress'' so that if the Congress
determines that the United Nations or any such agency has failed to
implement or to continue to implement consensus-based decisionmaking
procedures on budgetary matters which ensure that sufficient attention
is paid to the views of the
[[Page H3341]]
United States and other member states that are the major financial
contributors to such assessed budgets.
Mr. Chairman, I have a very simple two-line amendment which deletes
the words ``Secretary of State'' and puts in the word ``Congress.''
Members might ask, why should we have Congress instead of the Secretary
of State? I believe that Congress has been the central driving force to
reform the United Nations. Both colleagues on this side of the aisle
and this side of the aisle have made that a clarion call.
This section as it is ignores Congress' concern and wishes to
administer some type of reform. We bring Congress into the mix here. By
inserting the word ``Congress,'' the amendment would allow Congress to
play a critical role in overseeing the pace of reform on budgetary and
fiscal matters at the United Nations.
Let me make this clear, particularly to my colleagues on the other
side, this amendment does not force the President to comply. It is very
simple. We are not saying the President has to comply. It just says it
would give the President the option of withholding 20 percent of the
funds for any calendar year and allows Congress to participate, to get
involved. Since Congress is appropriating the money, giving the money
to the United Nations, why not have Congress come back and, working
through our committee here, determine that the United Nations is indeed
adhering to implementing fiscal and budgetary reform? And then we could
have a House vote recommending to the President that we withhold this
20 percent.
So if my colleagues believe as elected Representatives from their
districts that they want to be involved with this decision when the
President decides to withhold 20 percent of the appropriated funds, the
funds that belong to their districts, their taxpayers, then they should
vote yes for my amendment. It is a very simple amendment.
Mr. GILMAN. Mr. Chairman, I rise in opposition to the intent of our
good colleague, the gentleman from Florida [Mr. Stearns], who has been
offering this amendment.
I would like to point out though that the amendment is actually
redundant. By virtue of its role in the authorization and
appropriations process, the Congress is already empowered to do what
the gentleman from Florida [Mr. Stearns] is attempting to do in the
amendment; namely, to assess the degree to which the U.N. is
satisfactorily pursuing reform measures. The Congress is readily able
to make that assessment at the time we authorize and appropriate funds
for U.N. contributions.
It is also important to note and to provide to the Secretary of State
the discretion to make this kind of an assessment in the periods
between when the Congress appropriates and the administration actually
pays our contributions so that at that point in time U.N. performance
can be fully judged.
I would like to remind our good colleague, the gentleman from Florida
[Mr. Stearns], that while we are aware that the U.N. is faced with a
number of problems, there is a task force at work right now, a
leadership task force, to try to determine what our accurate assessment
should be, to make certain that certain conditions will be imposed
before we pay arrearages and determine a proper formula for payment of
arrearages.
I want to commend the gentleman for focusing attention, once again,
on the problems we are having with the U.N., but I would urge him to
consider the fact that we already in the Congress are empowered to do
what the gentleman is attempting to do by this amendment.
Mr. STEARNS. Mr. Chairman, I ask unanimous consent to strike the last
word.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mr. STEARNS. Mr. Chairman, I appreciate what my colleague has just
said. Both he and I read from the same document, and I certainly
appreciate what he has to say.
I think, since he has been more intimately involved with this, I can
appreciate what he is saying. Somehow, when I read it, I did not read
there that it was that clear. So the insertion of the word ``Congress''
instead of ``Secretary of State,'' of course, is very simple and is not
thwarting the President from doing what he wants.
When we go down to the paragraph that I believe he is citing here,
which I think is line 19, ``Notice to Congress, the President shall
notify the Congress when a decision is made to withhold any share of
the United States assessed contribution and shall notify the Congress
when the decision is made to pay any; a notification shall include
appropriate consultation between the President and the President's
representative.'' It is basically just a notification. There is no
reaction from the Congress. There is no feeling that the Congress is
involved.
It is just the President and the Secretary of State making a decision
to withhold 20 percent of the funds, and I think it would be nice to
have Congress involved and actually have a vote on it.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida [Mr. Stearns].
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. GILMAN. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to House Resolution 159, further proceedings
on the amendment offered by the gentleman from Florida [Mr. Stearns]
will be postponed.
The point of order no quorum is considered withdrawn.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 159, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order:
The amendment offered by the gentleman from Alabama [Mr. Bachus]; the
amendment offered by the gentleman from Florida [Mr. Goss]; the
amendment offered by the gentleman from Texas [Mr. Paul]; and the
amendment offered by the gentleman from Florida [Mr. Stearns].
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Parliamentary Inquiry
Mr. BACHUS. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. BACHUS. Mr. Chairman, the voice vote was yes on my amendment, and
I did not request a recorded vote and am not requesting a recorded
vote.
The CHAIRMAN. The aye voice vote could still prevail at the time that
the amendment comes up if a recorded vote is not ordered.
Amendment Offered by Mr. Bachus
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Alabama [Mr. Bachus] on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 277,
noes 146, not voting 11, as follows:
[Roll No. 161]
AYES--277
Abercrombie
Aderholt
Archer
Bachus
Baesler
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehner
Bonilla
Bono
Boswell
Boyd
Brady
Bryant
Bunning
Burr
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Carson
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Cramer
Crane
Crapo
Cubin
Cummings
Cunningham
Danner
Davis (VA)
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doggett
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Etheridge
Evans
Everett
Ewing
Fawell
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gibbons
Goodlatte
Goodling
[[Page H3342]]
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutknecht
Hall (TX)
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hill
Hilleary
Hobson
Hoekstra
Holden
Hooley
Horn
Hostettler
Hulshof
Hutchinson
Hyde
Inglis
Istook
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kildee
Kim
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Klug
Knollenberg
Lampson
Largent
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lucas
Luther
Maloney (NY)
Manzullo
Mascara
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McIntyre
McKeon
Meehan
Metcalf
Mica
Miller (FL)
Minge
Molinari
Moran (KS)
Myrick
Neal
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Obey
Ortiz
Packard
Pappas
Parker
Pascrell
Pastor
Paul
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickett
Pitts
Pombo
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Riggs
Riley
Rivers
Rodriguez
Roemer
Rogan
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Ryun
Salmon
Sanchez
Sandlin
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Schumer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Sisisky
Skeen
Skelton
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stabenow
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Thomas
Thornberry
Thune
Thurman
Tiahrt
Tierney
Traficant
Turner
Upton
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Weygand
White
Whitfield
Wicker
Wolf
Young (FL)
NOES--146
Ackerman
Allen
Armey
Bateman
Becerra
Bentsen
Bereuter
Berman
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Burton
Capps
Cardin
Castle
Clay
Clayton
Clement
Clyburn
Conyers
Coyne
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Engel
Fazio
Filner
Flake
Foglietta
Ford
Frost
Furse
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Gutierrez
Hall (OH)
Hamilton
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Houghton
Hoyer
Hunter
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Kennedy (MA)
Kennelly
Kilpatrick
Kolbe
Kucinich
LaFalce
LaHood
Lazio
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Maloney (CT)
Manton
Markey
Martinez
Matsui
McDermott
McGovern
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran (VA)
Morella
Murtha
Nadler
Oberstar
Olver
Owens
Oxley
Pallone
Payne
Pelosi
Pomeroy
Porter
Rahall
Rangel
Regula
Reyes
Rogers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Scott
Serrano
Sherman
Skaggs
Slaughter
Smith (MI)
Smith (NJ)
Smith, Adam
Snyder
Spratt
Stark
Stokes
Taylor (NC)
Thompson
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Wise
Woolsey
Wynn
Yates
Young (AK)
NOT VOTING--11
Andrews
Buyer
Farr
Fattah
Goode
Jefferson
Lantos
Pickering
Royce
Schiff
Watkins
{time} 1932
Mr. SPRATT, Mr. VENTO, and Mrs. KENNELLY of Connecticut changed their
vote from ``aye'' to ``no.''
Messrs. BUNNING, McHALE, DIAZ-BALART, JOHN, SHAYS, GREENWOOD,
PACKARD, BARCIA, STUPAK, SHIMKUS, Mrs. KELLY, and Ms. ROS-LEHTINEN
changed their vote from ``no'' to ``aye''.
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Announcement by the Chairman
The CHAIRMAN. Pursuant to House Resolution 159, the Chair announces
that he will reduce to a minimum of 5 minutes the period of time within
which a vote by electronic device will be taken on each of the other
amendments on which the Chair has postponed further proceedings.
Amendment Offered by Mr. Goss
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Florida [Mr. Goss] on
which further proceedings were postponed on which the noes prevailed by
voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 214,
noes 211, not voting 9, as follows:
[Roll No. 162]
AYES--214
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady
Bryant
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crane
Crapo
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Ensign
Eshoo
Everett
Ewing
Fawell
Foley
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Granger
Greenwood
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King (NY)
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Lucas
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moran (KS)
Morella
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oxley
Packard
Pappas
Parker
Paul
Paxon
Pease
Peterson (PA)
Petri
Pitts
Pombo
Porter
Portman
Pryce (OH)
Ramstad
Redmond
Regula
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stump
Sununu
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Traficant
Upton
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Young (AK)
Young (FL)
NOES--211
Abercrombie
Ackerman
Allen
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
Davis (VA)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Ehrlich
Engel
Etheridge
Evans
Fazio
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Gordon
Graham
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Hostettler
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
John
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek
[[Page H3343]]
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran (VA)
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Quinn
Radanovich
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Serrano
Sherman
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith, Adam
Snyder
Spratt
Stabenow
Stark
Stenholm
Stokes
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tierney
Torres
Towns
Turner
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
NOT VOTING--9
Andrews
Buyer
Farr
Fattah
Goode
Jefferson
Lantos
Pickering
Schiff
{time} 1946
Mr. DAVIS of Virginia and Mr. WOLF changed their vote from ``aye'' to
``no.''
Messrs. LIVINGSTON, DUNCAN, HANSEN, CASTLE, HORN, PEASE, RIGGS, and
ENSIGN, Mrs. LINDA SMITH of Washington, and Ms. GRANGER changed their
vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Paul
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Texas [Mr. Paul] on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
recorded vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 54,
noes 369, not voting 11, as follows:
[Roll No. 163]
AYES--54
Aderholt
Barr
Bartlett
Bonilla
Burton
Chenoweth
Coburn
Combest
Crane
Crapo
Cubin
Cunningham
DeLay
Dickey
Doolittle
Duncan
Ensign
Everett
Foley
Gibbons
Hall (TX)
Hefley
Hulshof
Hunter
Istook
Johnson, Sam
Jones
Kingston
Largent
Linder
Lucas
Manzullo
McIntosh
Moran (KS)
Nethercutt
Ney
Paul
Pombo
Riley
Rohrabacher
Ros-Lehtinen
Ryun
Salmon
Scarborough
Schaefer, Dan
Schaffer, Bob
Sessions
Shadegg
Solomon
Stump
Taylor (MS)
Wamp
Weldon (FL)
Young (AK)
NOES--369
Abercrombie
Ackerman
Allen
Archer
Armey
Bachus
Baesler
Baker
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burr
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Cardin
Carson
Castle
Chabot
Chambliss
Christensen
Clay
Clayton
Clement
Clyburn
Coble
Collins
Condit
Conyers
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Ewing
Fawell
Fazio
Filner
Flake
Foglietta
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Hooley
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McDermott
McGovern
McHale
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moran (VA)
Morella
Murtha
Myrick
Nadler
Neal
Neumann
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pappas
Parker
Pascrell
Pastor
Paxon
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Pickett
Pitts
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Redmond
Regula
Reyes
Riggs
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rothman
Roukema
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Sherman
Shimkus
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Stokes
Strickland
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (NC)
Thomas
Thompson
Thornberry
Thune
Thurman
Tiahrt
Tierney
Torres
Towns
Traficant
Turner
Upton
Velazquez
Vento
Visclosky
Walsh
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
Weller
Wexler
Weygand
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
NOT VOTING--11
Andrews
Berman
Buyer
Farr
Fattah
Goode
Jefferson
Lantos
Pickering
Royce
Schiff
{time} 1956
Mr. LIVINGSTON and Mr. WHITFIELD changed their vote from ``aye'' to
``no.''
Mr. BURTON of Indiana and Mr. WAMP changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
personal explanation
Mr. BERMAN. Mr. Chairman, I missed the vote on rollcall No. 163, the
Paul of Texas amendment. Had I been present, I would have voted ``no.''
Amendment Offered by Mr. Stearns
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Florida [Mr. Stearns] on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
recorded vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 176,
noes 244, not voting 14, as follows:
[Roll No. 164]
AYES--176
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehner
Bono
Brady
Bryant
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
[[Page H3344]]
Cox
Cramer
Crane
Crapo
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Foley
Fowler
Fox
Franks (NJ)
Gallegly
Gekas
Gibbons
Goodlatte
Goodling
Goss
Graham
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hutchinson
Inglis
Istook
Jenkins
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Largent
Lewis (KY)
Linder
LoBiondo
Lucas
Manzullo
McCollum
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Moran (KS)
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Pappas
Parker
Paul
Paxon
Pease
Peterson (MN)
Peterson (PA)
Pitts
Pombo
Radanovich
Redmond
Riley
Rogan
Rohrabacher
Ros-Lehtinen
Royce
Ryun
Salmon
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Sununu
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thornberry
Thune
Tiahrt
Traficant
Upton
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
NOES--244
Ackerman
Allen
Baesler
Baldacci
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Bentsen
Berman
Berry
Bishop
Blagojevich
Blumenauer
Boehlert
Bonilla
Bonior
Borski
Boswell
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Castle
Chabot
Clay
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cummings
Danner
Davis (FL)
Davis (IL)
Davis (VA)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Ehlers
Engel
Eshoo
Etheridge
Evans
Fawell
Fazio
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frelinghuysen
Frost
Furse
Ganske
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Gordon
Granger
Green
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCrery
McDade
McDermott
McGovern
McHale
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Moran (VA)
Morella
Murtha
Nadler
Neal
Northup
Oberstar
Obey
Olver
Owens
Packard
Pallone
Pascrell
Pastor
Payne
Pelosi
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Riggs
Rivers
Rodriguez
Roemer
Rogers
Rothman
Roukema
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schumer
Scott
Serrano
Shaw
Shays
Sherman
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith, Adam
Snyder
Spratt
Stabenow
Stark
Stokes
Strickland
Stupak
Tanner
Tauscher
Thomas
Thompson
Thurman
Tierney
Torres
Towns
Turner
Velazquez
Vento
Visclosky
Walsh
Watt (NC)
Waxman
Wexler
Weygand
White
Wise
Woolsey
Wynn
Yates
NOT VOTING--14
Abercrombie
Andrews
Buyer
Dingell
Farr
Fattah
Goode
Jefferson
Lantos
McIntosh
Ortiz
Pickering
Schiff
Waters
{time} 2007
Mr. SANFORD changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. GILMAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, on behalf of the majority leader, I would like to
announce that we have taken the last rollcall vote of the evening. We
will continue on the bill and roll any other votes that we have that
are ordered until tomorrow morning.
Amendments Offered By Mr. Gilman
Mr. GILMAN. Mr. Chairman, I offer amendments, and I ask unanimous
consent that they be considered en bloc. The amendments are as follows:
Ewing No. 3, calling on Peru to expedite legal procedures; Jackson-
Lee No. 37, State Department to monitor human rights in Ethiopia;
Kennedy No. 20, special envoys to promote mutual disarmament; Kim No.
44, SOC re no transfer of nuclear waste from Taiwan to North Korea;
Pallone No. 70, sense of Congress regarding U.S.-Indian relations;
Pallone No. 73, sense of Congress for the protection of the Belarussian
sovereignty; Rohrabacher No. 1, sense of Congress supporting Taiwan in
the WTO; Vento No. 34, State Department report on Hmong and Laos
refugees; Traficant, Buy America; Menendez, withholding assistance to
countries that provide nuclear fuel to Cuba; Menendez, availability of
amounts for Libertad and the Cuban Democracy Act; and Gejdenson,
regarding the Wassenaar agreement.
Mr. Chairman, I ask unanimous consent that these amendments be
considered en bloc.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
The CHAIRMAN. The Clerk will report the amendments.
The Clerk read as follows:
Amendments offered by Mr. Gilman:
Amendment to H.R. 1757, as Reported Offered by Mr. Ewing of Illinois
At the end of title XVII (relating to foreign policy
provision) add the following (and conform the table of
contents accordingly):
SEC. 1717. SENSE OF THE CONGRESS REGARDING UNITED STATES
CITIZENS HELD IN PRISONS IN PERU.
(a) Findings.--The Congress finds the following:
(1) The Government of Peru has made substantial progress in
the effort to restrict the flow of illicit drugs from Peru to
the United States.
(2) The Government of Peru has cooperated greatly with the
United States Government to stop individuals and
organizations seeking to transport illicit drugs from Peru to
the United States and to jail such drug exporters.
(3) Any individual engaging in such exporting of illicit
drugs and convicted in a court of law should face stiff
penalties.
(4) Any such individual should also have a right to timely
legal procedures.
(5) Two United States citizens, Jennifer Davis and Krista
Barnes, were arrested in Peru on September 25, 1996, for
attempting to transport illicit drugs from Peru to the United
States.
(6) Ms. Davis and Ms. Barnes have admitted their guilt upon
arrest and to an investigative judge.
(7) Ms. Davis and Ms. Barnes have volunteered to cooperate
fully with Peruvian judicial authorities in naming
individuals responsible for drug trafficking and several have
been arrested.
(8) More than seven months after their arrest, Ms. Davis
and Ms. Barnes have not yet been formally charged with a
crime.
(9) Peruvian domestic law mandates that formal charges be
brought within four to six months after arrest.
(b) Sense of the Congress.--It is the sense of the Congress
that the Government of Peru should respect the rights of
prisoners to timely legal procedures, including the rights of
all United States citizens held in prisons in Peru.
____
Amendment to H.R. 1757, as Reported
Offered by Mr. Kennedy of Massachusetts
At the end of title XVII, insert the following:
SEC. 1717. SPECIAL ENVOYS FOR MUTUAL DISARMAMENT.
The President shall instruct the United States Ambassador
to the United Nations to support in the Security Council, the
General Assembly, and other United Nations bodies,
resolutions and other efforts to--
(1) appoint special envoys for conflict prevention to
organize and conduct, in cooperation with appropriate
multilateral institutions, mutual disarmament talks in every
region of the world in which all nations would participate,
and to report to international financial institutions on the
degree of cooperation of governments with these talks;
(2) commit each member state to agree to meet with its
regional special envoy within 3 months of appointment to
deliver and discuss its proposal for regional (and, where
appropriate, international) confidence-building measures,
including mutual reductions in the size, proximity, and
technological sophistication of its and other nations' armed
forces, that would lead to significant cuts in threat levels
and military spending; and
[[Page H3345]]
(3) commit each member state to agree to continue meeting
with the special envoy and such regional bodies and states as
the special envoy shall suggest to complete negotiations on
such confidence-building measures, with the goal of making
significant cuts in military spending by the year 2000.
Amendment to H.R. 1757, as Reported
Offered by Mr. Kim of California
At the end of title XVII (relating to foreign policy
provisions) insert the following new section:
SEC. 1717. SENSE OF CONGRESS RELATING TO THE TRANSFER OF
NUCLER WASTE FROM TAIWAN TO NORTH KOREA.
(a) Findings.--The Congress makes the following findings:
(1) The Republic of China on Taiwan (Taiwan) is considering
transferring low-level nuclear waste to the Democratic
People's Republic of Korea (North Korea) and paying North
Korea an amount in excess of $220,000,000 to accept the
nuclear waste.
(2) The transfer of nuclear waste across international
boundaries creates worldwide environmental safety concerns.
(3) North Korea rejected the request of the International
Atomic Energy Agency (IAEA) to inspect 2 nuclear facilities
at Yongbyon in March 1993, in violation of Article III of the
Treaty on the Non-Proliferation of Nuclear Weapons, to which
North Korea is a signatory.
(4) North Korea has historically been unwilling to allow
any third party investigators to inspect its nuclear waste
storage facilities.
(5) The failure of North Korea to store nuclear waste
safely raises environmental concerns on the Korean peninsula.
(6) The United States has in excess of 37,000 military
personnel, plus their families, on the Korean peninsula.
(7) The current North Korean regime has been linked to
numerous terrorist activities, including the bombing in 1987
of a Korean Airline aircraft, and the bombing in 1983 in
Rangoon, Burma, which killed 4 South Korean Government and 13
diplomatic officials.
(8) North Korea continues to be listed by the United States
Department of State as a state supporting international
terrorism.
(9) The several hundred million dollars of hard currency
generated by this transaction could be used by the militarist
regime in North Korea to continue their reign of terror over
their own people and the sovereign nations of the Pacific
Rim.
(b) Sense of Congress.--It is the sense of the Congress
that the Government of Taiwan should refrain from issuing an
export license for the transfer of nuclear waste to North
Korea until all parties on the Korean peninsula can be
assured that--
(1) North Korea can safely handle this nuclear waste;
(2) North Korea will submit to independent third party
inspection of their nuclear storage facilities; and
(3) North Korea indicates a willingness to comply with the
commitments it made in the ``Agreed Framework'', entered into
in 1994 between North Korea, South Korea, Japan, and the
United States, relating to nuclear materials and facilities
in North Korea, and meet International Atomic Energy Agency
safeguards with respect to North Korea's nuclear program.
Amendment to H.R. 1757, as Reported Offered by Mr. Pallone of New
Jersey
At the end of title XVII (relating to foreign policy
provisions) insert the following new section:
SEC. 1717. CONGRESSIONAL STATEMENT REGARDING PRIME MINISTER
GUJRAL OF INDIA.
(a) Findings.--The Congress makes the following findings:
(1) Prime Minister Gujral of India has recently received a
vote of confidence from the Indian parliament.
(2) Prime Minister Gujral is committed to strengthening
ties between the United States and India through the
continuation of free market reforms and initiatives.
(3) The Gujral government is on the verge of passing a
budget package that will carry forward economic reforms
initiated in 1991 that have opened India to foreign
investment and trade.
(4) Prime Minister Gujral has made it a priority to improve
relations with Pakistan and has recently met with the Prime
Minister of Pakistan, Nawaz Sharif, to better relations
between the two countries.
(b) Sense of Congress.--It is the sense of the Congress
that the Clinton Administration should support and work
closely with Indian Prime Minister Gujral in strengthening
relations between the United States and India and improving
relations in the South Asia region.
Amendment to H.R. 1757, as Reported Offered by Mr. Pallone of New
Jersey
At the end of title XVII (relating to foreign policy
provisions) insert the following new section:
SEC. 1717. SENSE OF CONGRESS REGARDING THE SOVEREIGNTY OF
BELARUS.
It is the sense of the Congress that the President should
strongly urge the Government of President Aleksandr
Lukashenka of the Republic of Belarus to defend the
sovereignty of Belarus, maintain its independence from the
Russian Federation, abide by the provisions of the Helsinki
Accords and the constitution of the Republic of Belarus and
guarantee freedom of the press, allow for the flowering of
the Belarusan language and culture, and enforce the
separation of powers.
Amendment to H.R. 1757, as Reported Offered by Mr. Rohrabacher of
California
At the end of title XVII (relating to foreign policy
provisions) insert the following new section:
SEC. 1717. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF
TAIWAN TO THE WORLD TRADE ORGANIZATION.
(a) Findings.--The Congress makes the following findings:
(1) The people of the United States and the people of the
Republic of China on Taiwan have long enjoyed extensive ties.
(2) Taiwan is currently the 8th largest trading partner of
the United States, and exports from the United States to
Taiwan total more than $18,000,000 annually, substantially
more than the United States exports to the People's Republic
of China.
(3) The executive branch has committed publicly to support
Taiwan's bid to join the World Trade Organization and has
declared that the United States will not oppose this bid
solely on the grounds that the People's Republic of China,
which also seeks membership in the World Trade Organization,
is not yet eligible because of its unacceptable trade
practices.
(4) The United States and Taiwan have concluded discussions
on a variety of outstanding trade issues that remain
unresolved with the People's Republic of China and that are
necessary for the United States to support Taiwan's
membership in the World Trade Organization.
(5) The reversion of control over Hong Kong--a member of
the World Trade Organization--to the People's Republic of
China, scheduled by treaty to occur on July 1, 1997, will, in
many respects, afford to the People's Republic of China the
practical benefit of membership in the World Trade
Organization for the substantial portion of its trade in
goods--despite the fact that the trade practices of the
People's Republic of China currently fall far short of what
the United States expects for membership in the World Trade
Organization.
(6) The executive branch has announced its interest in the
admission of the People's Republic of China to the World
Trade Organization; the fundamental sense of fairness of the
people of the United States warrants the United States
Government's support for Taiwan's relatively more meritorious
application for membership in the World Trade Organization.
(7) It is in the economic interest of United States
consumers and exporters for Taiwan to complete the
requirements for accession to the World Trade Organization at
the earliest possible moment.
(b) Congressional Statement.--The Congress favors public
support by officials of the Department of State for the
accession of Taiwan to the World Trade Organization.
Amendment to H.R. 1757, as Reported Offered by Mr. Vento of Minnesota
At the end of title XVII insert the following new section:
SEC. 1717. REPORTS AND POLICY CONCERNING HUMAN RIGHTS
VIOLATIONS IN LAOS.
Within 180 days after the date of the enactment of this
Act, the Secretary of State shall report to the appropriate
congressional committees on the allegations of persecution
and abuse of the Hmong and Laotian refugees who have returned
to Laos. The report shall include:
(1) A full investigation, including full documentation of
individual cases of persecution, of the Lao Government's
treatment of Hmong and Laotian refugees who have returned to
Laos.
(2) The steps the State Department will take to continue to
monitor any systematic human rights violations by the
Government of Laos.
(3) The actions which the State Department will take to
ensure the cessation of human rights violations.
Amendment to H.R. 1757 Offered by Mr. Menendez
At the end of the bill add the following (and conform the
table of contents accordingly):
TITLE . WITHHOLDING OF ASSISTANCE TO COUNTRIES THAT PROVIDE NUCLEAR
FUEL TO CUBA
(a) In General.--Section 620 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370), as amended by this Act, is further
amended by adding at the end the following:
``(y)(1) Except as provided in paragraph (2), the President
shall withhold from amounts made available under this Act or
any other Act and allocated for a country for a fiscal year
an amount equal to the aggregate value of nuclear fuel and
related assistance and credits provided by that country, or
any entity of that country, to Cuba during the preceding
fiscal year.
``(2) The requirement to withhold assistance for a country
for a fiscal year under paragraph (1) shall not apply if
Cuba--
``(A) has ratified the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and
Cuba is in compliance with the requirements of either such
Treaty;
``(B) has negotiated and is in compliance with full-scope
safeguards of the International Atomic Energy Agency not
later than two years after ratification by Cuba of such
Treaty; and
``(C) incorporates and is in compliance with
internationally accepted nuclear safety standards.
[[Page H3346]]
``(3) The Secretary of State shall prepare and submit to
the Congress each year a report containing a description of
the amount of nuclear fuel and related assistance and credits
provided by any country, or any entity of a country, to Cuba
during the preceding year, including the terms of each
transfer of such fuel, assistance, or credits.''.
(b) Effective Date.--Section 620(y) of the Foreign
Assistance Act of 1961, as added by subsection (a), shall
apply with respect to assistance provided in fiscal years
beginning on or after the date of the enactment of this Act.
Amendment Offered by Mr. Menendez
At the end of bill add the following (and conform the table
of contents accordingly):
Title . AVAILABILITY OF AMOUNTS FOR CUBAN LIBERTY AND DEMOCRATIC
SOLIDARITY ACT OF 1996 AND THE CUBAN DEMOCRACY ACT OF 1992
Not less than $2,000,000 shall be made available under Chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346; relating
to economic support fund), for fiscal years 1998 to 1999 to carry out
the programs and activities under the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et. seq.) and the
Cuban Democracy Act of 1992 (22 U.S.C. 2001 et. seq.)
Amendment to H.R. 1757 Offered by Mr. Gejdenson of Connecticut
Add the following new title to the end of the bill (and
adjust the table of contents accordingly)
Title
It is the sense of Congress and the President of the United
States should attempt to achieve the foreign policy goal of
an international arms sales code of conduct with all
Wassenaar Arrangement countries. The purpose of this goal
shall be to achieve an agreement on restricting or
prohibiting arms transfers to countries that:
(1) Do not respect democratic processes and the rule of
law;
(2) Do not adhere to internationally-recognized norms on
human rights; or
(3) Are engaged in acts of armed aggression.
Amendment to H.R. 1757 Offered by Mr. Traficant of Ohio
At the end of the bill add the following (and conform the
table of contents accordingly):
DIVISION C--BUY-AMERICAN REQUIREMENTS
SEC. 2001. BUY-AMERICAN REQUIREMENTS.
(A) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity
unless the entity agrees that is expending the funds the
entity will consistent with International Trade Agreements
implemented in U.S. Law, comply with the Buy American Act (41
U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made requirement and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Probation of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label hearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Mr. GILMAN (during the reading). Mr. Chairman, I ask unanimous
consent that the amendments be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
Mr. BEREUTER. Mr. Chairman, reserving the right to object, under the
reservation I would ask our chairman, the gentleman from New York (Mr.
Gilman], if he would describe what the Pallone amendment on Indian-
American relations is about.
Mr. VENTO. Mr. Chairman, will the gentleman yield?
Mr. BEREUTER. I yield to the gentleman from Minnesota.
Mr. VENTO. Mr. Chairman, I would just take this moment on the
gentleman's reservation, important reservation, to thank the chairman,
the gentleman from New York [Mr. Gilman], for his support for the
inclusion of the amendment dealing with the Hmong and State Department
report on that and the human rights and abuses and allegations that are
going on, and I very much appreciate the chairman's support for that
amendment, the ranking member's support. It is an important amendment
to me and to the constituency I represent and to the people of Laos.
Mr. Chairman, I have an amendment at the desk, amendment No. 8, as
filed in the Record on May 14, 1997, with revisions as filed in the
Committee on Rules, and it is being included in the en bloc amendment.
I appreciate this cooperation and thank Chairman Gilman and
Representative Hamilton for their help. This amendment will require the
State Department to report to Congress on the allegations of
persecution and abuse of Hmong and Laotian refugees who have
repatriated to Laos following the Southeast Asia conflict. Such an
extraordinary State Department analysis is urgently needed because of
the current and continued reports which allege serious human rights
violations, persecution, and loss of life being experienced by the
Hmong in Laos--in years past and today.
The Hmong fought on the side of the United States in special
guerrilla units during the Vietnam war at great sacrifice to
themselves, their families, and their entire community. After the war,
many of the Hmong who did survive the battlefields of their homeland
were welcomed to the United States, while 10,000 Hmong remained in the
refugee camps in Thailand until the closure of the camps in recent
years. There have been continuous allegations of persecution and abuse
of the Hmong who repatriated to Laos. In recent months, press reports
describe bone-chilling nighttime massacres of Hmong villagers,
including children.
The United States must thoroughly investigate these allegations
promptly. Hmong families are reported to be threatened daily under the
Communist government in Laos, and our Nation, the United States, is the
only nation with the clout and resources to stop this persecution. The
State Department's own ``Country Report on Human Rights Practices for
1996'' reads: ``There continued to be allegations that the Government
has detained three Hmong males since 1992, because of their association
with the U.S. Government prior to 1975. The Lao Government has thus far
not responded directly to repeated inquiries about these allegations.''
According to reports, there is only a mere sampling of the thousands of
allegations of violent political persecution suffered by the Hmong
which have been resolved.
The language in my amendment would require the State Department to
report to Congress on the Lao Government's treatment of Hmong and
Laotian refugees who have returned to Laos. This report should include
the steps the State Department will take to continue to monitor any
systematic human rights violations by the government of Laos. The
purpose of this amendment is to ensure that the State Department is
fully engaged and committed to the vigilant investigation of human
rights violations in Laos.
This amendment is a reasonable requirement and isn't unduly
burdensome on the Department of State and would help address in an
orderly manner concerns raised by other Members of Congress, the media,
and human rights organizations. The public light shed on this issue
would help ensure adherence to recognition of universal human rights. I
am pleased by the bipartisan support for this amendment and hope to
continue to gain bipartisan support so that this vento proviso becomes
law.
Over the years, I have worked to help the Hmong who resettled in the
United States and believe that we certainly must not turn our backs on
those who repatriated to Laos. I would like to thank the Chairman
Gilman, Representative Hamilton, and Representative Solomon for their
support and affording me the opportunity to have this amendment acted
upon on the Floor. I urge my colleagues to support the en bloc
amendment.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. BEREUTER. I yield to the gentleman from New York.
Mr. GILMAN. With regard to the Pallone amendment, it is H.R. 1486. It
is a congressional statement regarding Prime Minister Gujral of India.
The Congress makes the following findings:
That the Prime Minister has recently received a vote of confidence
from the Indian parliament;
Prime Minister Gujral is committed to strengthening ties between our
Nation and India through the continuation of free market reforms and
initiatives;
The Gujral government is on the verge of passing a budget package
that will carry forward economic reforms initiated in 1991 and will
help India reform investment and trade;
[[Page H3347]]
Prime Minister Gujral has made it a priority to improve relations
with Pakistan and has recently met with the Prime Minister of Pakistan,
Nawaz Sharif, to better relations between the two nations.
It is a sense of Congress that the Clinton administration should
support and work closely with Indian Prime Minister Gujral in
strengthening relations between the United States and India and
improving relations in the south Asian region.
Mr. BEREUTER. Mr. Chairman, I do thank the gentleman under my
reservation for yielding me this information. I want to commend the
gentleman from New Jersey for his initiative.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
Ms. JACKSON-LEE of Texas. Mr. Chairman, reserving the right to
object, I would like to inquire of the gentleman whether or not the
Jackson-Lee amendment dealing with the Ethiopian human rights has been
included in the en bloc amendment?
{time} 2015
Mr. GILMAN. Mr. Chairman, would the gentlewoman repeat her question?
Ms. JACKSON-LEE of Texas. Mr. Chairman, I would like to ask the
gentleman from New York [Mr. Gilman], and as I am asking I am going to
thank him as well, but I am trying to determine whether the Jackson-Lee
amendment dealing with monitoring human rights in Ethiopia has been
included.
As the chairman of the committee recognizes, Ethiopia does not have
an independent judicial system, and as well has found that it has
mutilated female genitals and also has found many individuals
incarcerated for their political views. So I am very concerned that the
State Department monitors the human rights activities in Ethiopia, and
I would like to know if that amendment is included in the en bloc that
we are now discussing at this point.
Mr. GILMAN. Mr. Chairman, if the gentlewoman would yield, I would say
in response that the amendment, as reported and offered by the
gentlewoman from Texas [Ms. Jackson-Lee], assistance for Ethiopia, the
Department of State should closely monitor and take into account human
rights progress in Ethiopia as it obligates fiscal year 1997 funds for
Ethiopia authorized to be appropriated by this act.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for his
response to that. I was concerned, Mr. Chairman, that that was not
included.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I would like to offer this
amendment to H.R. 1757, the State Department Authorization legislation
that the House is considering. It is critical to the development of
beneficial relations between our Nation and other countries around the
world that we clearly communicate our interests.
According to the State Department, Ethiopia's Government limits
freedom of association and refuses to register several nongovernmental
organization. Societal discrimination and violence against women and
abuse of children remains to be a problem; the aberrant act of female
genital mutilation is nearly universal.
The Government has encouraged the efforts of domestic and
international nongovernment organizations that focus on children's
social, health, and legal issues. However, with daunting development
challenges and severely limited resources, direct government support
beyond efforts to provide improved health care and basic education
remain limited.
Societal abuse against young girls continue to be a serious problem.
Almost all girls undergo some form of female genital mutilation, which
is widely condemned by international health, experts as damaging to
both physical and psychological health. Clitorectomies are typically
performed 7 days after birth and the excision of the labia and
infibulation, the most extreme and dangerous form of female genital
mutilation, can occur any time between the age of 8 and the onset of
puberty. Female genital mutilation is not specifically prohibited.
Early childhood marriage is common in rural areas, with girls as young
as age 9 being party to arranged marriages. The maternal mortality rate
is extremely high, due in part to food taboos for pregnant women, early
marriage, and birth complications related to female genital mutilation.
The Constitution states that all persons are equal before the law.
The law provides that all persons should have equal and effective
protection without discrimination on grounds of race, color, sex,
language, religion, political or other opinion, national or social
origin, wealth, birth, or other status. The Government, however, has
not yet put fully into place mechanisms for effective enforcement of
these protections.
Equality for women is not applied in practice. Domestic violence,
including wife beating and rape, are pervasive social problems.
The Government of Ethiopia has taken a number of steps to improve its
human rights practices, but serious problems as you can imagine remain.
The Government restricts freedom of the press and detained or
imprisoned 14 journalists in 1996. At year's end, most were accused or
convicted of inciting ethnic hatred or publishing false information in
violation of the 1992 Press Law.
The Constitution and both the Criminal and Civil Codes prohibit
arbitrary arrest and detention, but the Government does not always
respect these rights in practice. Nationwide, thousands of alleged
suspects remain in detention without charge or trial at the close of
1996. Most often these detections resulted from the severe shortage and
limited training of judges, prosecutors, and attorneys.
Ethiopia does not have an independent justice system. Judges and
Public Prosecutors have been discharged if their judgment is not
according to political conveniences.
I know that the United States can not totally relieve the suffering
of people in all nations. However, we can offer a carrot and stick
approach in our appropriations to those nations in order to effectively
communicate our concerns regarding policies which are inconsistent with
our own interest and values.
Ethiopia has shown a willingness to respond to the concerns of the
United States regarding human rights, and I believe that this amendment
to the State Department Authorization is needed to encourage greater
strides in human rights and democratic activity in that country. The
United States should not abandon an opportunity to increase human
rights in Ethiopia and save lives.
This amendment would add an additional section to division B under
title XVII of the Foreign Relations Authorization Act for fiscal years
1998 and 1999. The amendment states that the Department of State should
closely monitor and take into account human rights progress in
Ethiopia.
I urge my colleagues to support my amendment.
Mr. CUMMINGS. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. Further reserving the right to object, I
yield to the gentleman from Maryland.
Mr. CUMMINGS. Mr. Chairman, I want to thank the gentlewoman from
Texas for yielding.
Almost exactly 6 years ago the brutal Mengistu regime in Ethiopia,
notorious for having one of the bleakest human rights records on the
continent, fell. At that time there was much hope that the country was
finally entering a period of democracy and respect for human rights.
Sadly, the government continues to divide the nation's peoples into
ethnic-based enclaves, each purposely pitted against the other, with
the goal of facilitating the dictatorial regime. This ploy has
endangered the Ethiopian people with the inevitable consequence of
civil war, with repercussions far worse than the tragedies that
transpired in Bosnia and Rwanda.
Until the current government took over, Ethiopia was one of a few
stable democratic countries in the sub-Saharan Africa. Now, all the
democratically hostile countries surrounding Ethiopia, such as Sudan,
Somalia, Iraq and Iran, are seeking to exploit the chaotic situation in
the country by exerting their negative influences, and therefore I
support the gentlewoman's amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman from
New York [Mr. Gilman] very much for confirming that this is accepted,
and I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
Mr. GILMAN. Mr. Chairman, I thank the gentlewoman for offering this
important amendment.
The CHAIRMAN. The gentleman from New York [Mr. Gilman] is recognized
for 5 minutes in support of his en bloc amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?
Mr. GILMAN. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman. It
[[Page H3348]]
seems in our effort to work together, and I thank the gentleman so very
much, that we had to comply with the opening language of this
legislation.
I would like to make a technical amendment to insert the fiscal year
1997 and fiscal year 1998 on the Jackson-Lee amendment in the en bloc
amendment.
Mr. GILMAN. Mr. Chairman, we are pleased to accept the technical
amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I ask unanimous consent to
make the aforementioned technical changes.
Mr. GILMAN. Mr. Chairman, we recognize the technical amendment and
address it.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman very
much.
The CHAIRMAN. The Chair would say to the gentlewoman, the
modification has to be in writing.
Ms. JACKSON-LEE of Texas. I thank the Chairman.
Mr. GILMAN. Mr. Chairman, I yield to the gentleman from Florida [Mr.
Stearns].
Mr. STEARNS. Mr. Chairman, the gentleman's amendment has been
accepted en bloc, then?
Mr. GILMAN. The gentleman is correct.
Mr. STEARNS. Mr. Chairman, I have an amendment at the desk.
The CHAIRMAN. There is an amendment pending.
Mr. PALLONE. Mr. Chairman, I move to strike the last word on the en
bloc amendment.
The CHAIRMAN. The gentleman from New York [Mr. Gilman] is controlling
the time.
Mr. PALLONE. Mr. Chairman, will the gentleman yield?
Mr. GILMAN. I yield to the gentleman from New Jersey.
Mr. PALLONE. Mr. Chairman, I just wanted to thank the chairman of the
full committee, the gentleman from New York [Mr. Gilman], as well as
the chairman of the subcommittee, the gentleman from Nebraska [Mr.
Bereuter] and the ranking members for including my two amendments as
part of the en bloc amendment.
Just very briefly, if I could comment on the two amendments. One that
was already mentioned by the gentleman from Nebraska directs the
Clinton administration to work closely with Indian Prime Minister
Gujral in strengthening relations with the U.S., protecting U.S.
interests in South Asia, and creating peace and stability in the
region.
I just believe that this is important, because U.S. relations in
South Asia are at the critical point, and I think it is imperative that
we recognize and support the ``Gujral Doctrine'' which basically has
been an instrument to bring peace between the various nations in South
Asia.
I think many of us know that after three wars and 50 years of tense
relations, India and Pakistan have finally agreed to work together to
promote peace and economic prosperity, not only through bilateral
relations, but also through other countries in South Asia.
The main reason for this amendment was to basically indicate U.S.
support for the Gujral Doctrine which says that these countries should
work together, not only diplomatically and to avoid possible conflict,
but also economically and in terms of their trade.
The other en bloc amendment relates to democracy, sovereignty and
human rights in Belarus. Again, I want to thank the chairman and the
ranking member.
This amendment expresses the sense of Congress that our President
should strongly urge the government of President Lukashenka of the
Republic of Belarus to defend the sovereignty of Belarus, maintain its
independence from the Russian Federation, abide by the provisions of
the Helsinki Accords, as well as Belarus's own constitution, and
guarantee freedom of the press, enforce separation of powers and allow
for the Belarusan language and culture to flourish.
That may all seem very simple and something that any nation would
normally do and any president would normally do. But as I think most of
us know, the recently installed parliament of Belarus approved an
integration deal with Russia last week, and this parliament was created
after a preferential referendum last year and has been criticized as
being a rubber stamp for the hard-line President Lukashenka.
Many opposition leaders in Belarus, as well as Western observers,
believe that last year's referendum was illegitimate. Essentially what
we have in Belarus is an effort to suppress the Belarusan language and
culture and to integrate it almost in terms of one nation ultimately
with Russia.
What we are saying in this amendment is that that is not the way that
Belarus should go. The Belarusan-American community feels very strongly
that this integration deal is not the way to go and is a sellout of
Belarusan national interests.
Again, I want to thank the chairman and others who have been
supportive in including this in the en bloc amendment.
Mr. GILMAN. Mr. Chairman, I thank the gentleman for his supporting
comments.
Modification Offered by Ms. JACKSON-LEE to the Amendments Offered by
Mr. GILMAN
Ms. JACKSON-LEE of Texas. Mr. Chairman, I ask unanimous consent to
replace the Jackson-Lee amendment that was accepted graciously by the
gentleman from New York [Mr. Gilman] in the en bloc with a technical
change substitute amendment.
The CHAIRMAN pro tempore (Mr. Dickey). The Clerk will report the
modification.
The Clerk read as follows:
Modification offered by Ms. Jackson-Lee of Texas to the
amendments offered by Mr. Gilman:
In lieu of the matter proposed to be included in the en
bloc amendment, insert the following:
At the end of title XVII insert the following new section:
SEC. 1717. ASSISTANCE FOR ETHIOPIA.
The Department of State should closely monitor and take
into account human rights progress in Ethiopia as it
obligates fiscal year 1998 and 1999 funds for Ethiopia
authorized to be appropriated by this Act.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
Mrs. HARMAN. Mr. Chairman, I rise today in strong support of the
amendment offered by my colleague, Mr. Ewing of Illinois, expressing
the sense of Congress that the Government of Peru should respect the
rights of prisoners to timely legal procedures.
I take particular interest in this amendment because of the problems
one of my constituents, Ms. Krista Barnes, has had with the Peruvian
judicial system. Ms. Barnes and a friend, Jennifer Davis, allegedly
accepted an offer of a free trip to Peru in exchange for smuggling
cocaine into that country. They were arrested in Lima, Peru on
September 25, 1996.
Mr. Chairman, Krista Barnes and her friend may have made a huge
mistake. If they broke the law, I do not in any way advocate excusing
them from the consequences. But they do deserve, at the least, a fair
and speedy trial. Even after fully cooperating with Peruvian
authorities, and providing information leading to additional arrests,
they still have not been charged with a crime, let alone granted a
trial. It has been more than 8 months since Krista Barnes and Jennifer
Davis were taken into custody. Peruvian domestic law requires that
formal charges be brought within 4 to 6 months after arrest.
This amendment strikes the right balance by pointing out the
substantial and important progress the Peruvian Government has made in
restricting the flow of illegal drugs between our two countries, and by
stating the importance of strict penalties for convicted drug
smugglers. But it also makes clear just how important to America it is
that her partners in the War on Drugs respect the rule of law and grant
fair and speedy dispensation of justice to prisoners. I strongly urge
my colleagues to support the Ewing amendment.
Mr. KIM. Mr. Chairman, this amendment is a sense of Congress. It asks
Taiwan to reconsider its proposed deal to pay North Korea $220 million
to store 200,000 barrels of Taiwanese nuclear waste in North Korea.
There are several reasons to oppose this deal.
First: If the current deal goes through, it would set a precedent for
the buying and selling of nuclear waste on the open market, just like
any other world commodity. But this isn't any normal commodity.
The ramifications of this deal are very serious: It will be promoting
the unregulated, international transfer of nuclear waste across
international boundaries, without monitoring or safeguards.
Second: North Korea transporting this waste--unsupervised--across the
open seas should frighten us all.
[[Page H3349]]
What assurances do we have that North Korea will take proper safety
precautions?
Remember the ecological disaster that resulted from the Exxon Valdez
accident? And that was just an oil spill. An accident during the
transportation of this radioactive material could be much worse.
Third: What assurances do we have that North Korea will safely store
this waste? They have never opened their storage facilities for
international inspection. Never.
At a minimum, this deal should require a 3d party inspection by an
independent organization like the IAEA.
All we know is that North Korea plans to dump the waste into
abandoned mines along the DMZ.
What if the material leaks into the water table or air? That would be
an environmental nightmare.
The United States has 37,000 troops on the Korean Peninsula, many
right along the DMZ. They would be among the first to be exposed in the
event of an accident.
In addition, Seoul, a city of over 10 million people--including tens
of thousands of U.S. civilians--is only 24 miles from the DMZ.
This scares me, Mr. Chairman.
Fifth: The rogue regime in North Korea could use this waste as a
political pawn with which to hold the South hostage.
Sixth: We have no idea what the North Koreans will do with the $220
million in hard currency they will receive in this deal.
Will the Communist dictatorship in North Korea continue to bolster
their aggressive million man army threatening our young men and women
in the Pacific Rim?
Will they build more missiles to point at us?
Mr. Chairman, my amendment simply expresses the Sense of Congress
that Taiwan should stop this deal until all of these serious
environmental, safety and security concerns are satisfactorily
addressed.
I urge my colleagues to support this reasonable amendment.
Mr. ROHRABACHER. Mr. Chairman, my amendment which is included in the
en block amendment would put Congress on record in support of the
effort by Taiwan to be admitted to the World Trade Organization.
Taiwan, which has a democratically elected government, is currently the
eighth largest trading partner of the United States. Taiwan has a
population of 20 million people compared to 1.2 billion in China.
However, exports from Taiwan substantially total more than U.S. exports
to the Communists People's Republic of China, which has surpassed Japan
in holding the largest annual trade imbalance with the United States.
The executive branch has announced an interest in the admission of the
People's Republic of China to the World Trade Organization. It is not
only a matter of fundamental fairness, that democratic Taiwan also be
admitted. The administration has, in fact, also indicated an interest
in Taiwan's admission. This afternoon both the State Department and the
Office of the U.S. Trade Representative expressed support for my
amendment. It is in the economic interest of United States consumers
and exporters for Taiwan to complete the requirements for admission to
the World Trade Organization at the earliest possible moment.
The CHAIRMAN. The question is on the amendments, as modified, offered
by the gentleman from New York [Mr. Gilman].
The amendments, as modified, were agreed to.
Amendment Offered by Mr. STEARNS
Mr. STEARNS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Stearns:
At the end of title XVII (relating to foreign policy
provisions) insert the following new section:
SEC. 1717. STUDY OF THE UNITED NATIONS.
It is the sense of the Congress that the President and the
Permanent Representative of the United States to the United
Nations should strongly encourage the United Nations to
establish a commission to study, report, promptly,
concerning--
(1) establishing a new location for the headquarters for
the United Nations; and
(2) to establish the United Nations as a part-time body.
Mr. STEARNS. Mr. Chairman, this is truly an historic amendment that I
wish my colleagues would consider carefully. The United Nations has
been located in New York City for 51 years. Why not have a new location
for the United Nations? I am not sure the delegation from New York
would agree, but if they will think about it, that property is very
valuable, and it does not hurt for the United Nations to look at
alternative locations.
In addition, my amendment asks the United Nations for a study of ways
to simplify, ways to move their body into a part-time, evolving United
Nations.
I pulled up on the web page, Mr. Chairman, the list of locations and
system organizations that are part of the U.N., and it just goes on A
through Z here, of all of the different locations that are just sort of
reporting back to New York City.
My point is that we need to bring the United Nations into a new
location, to try and simplify it and look for ways to bring down the
cost. Obviously it could be put in parts of the United States where the
cost is not so high, or it could be put in Europe, it could be put in
Asia. But I think after 51 years it is time to look at putting the
United Nations in a new location.
The current structure of the United Nations does not reflect the real
world. Many corporations, after 51 years in one location, look at cost-
saving devices and look at ways to move their headquarters somewhere
else. In fact, in New York City there are a lot of corporate
headquarters that move to Stanford, Connecticut, or Greenwich,
Connecticut, or Omaha, Nebraska. Why cannot the United Nations look at
the possibility of relocating itself?
The world we live in today is much different than the post-World War
II era that led to the creation of the United Nations. It has a
monstrous bureaucracy, and I think we need to start the process of
downsizing the United Nations just like we have downsized the United
States Government.
In 1994, we had a revolution here where we tried to change things,
and we did. We created savings and we instituted new reforms here. We
need the United Nations to come on board and start their reforms too.
Individual States do it, countries do it, corporations do it. It is
time the United Nations started to reflect the global changes and the
need to institute reforms and to relocate the United Nations.
So it is a very simple amendment here. I am sure the chairman might
not necessarily agree about the relocation. I am not asking for it to
go to Florida. I am just asking for the United Nations to put up a
commission and say look, we are going to look at it. It is not a big
deal here.
Why can we not have new thinking at the United Nations, instead of
having all of these delegates file into the United Nations year in and
year out? I think we would not see these 131,000 parking tickets which
were issued by the New York City police to U.N. diplomatic and consular
vehicles, and none of them were paid. So maybe now is the time to look
at this bureaucracy.
Mr. Chairman, I am asking the United Nations to start the first step,
to go ahead and establish preliminary plans to relocate the United
Nations to another country, or perhaps they might think another
location within the United States.
Mr. BEREUTER. Mr. Chairman, will the gentleman yield?
Mr. STEARNS. I yield to the gentleman from Nebraska.
Mr. BEREUTER. Mr. Chairman, I notice that the gentleman mentioned
Omaha, Nebraska, and I just wanted to tell him there is no ground swell
of support for the United Nations being located in Omaha, but I thank
the gentleman.
Mr. STEARNS. Mr. Chairman, I think that probably confirms that Omaha,
Nebraska is out the window for the site location, but I would say that
perhaps there are places in Europe or places in other parts of the
world that might welcome the United Nations.
{time} 2030
I think the gentleman's point might be well taken. I am sure they
feel the same way in Ocala, Florida, which is my home State, and other
parts of central Florida. We do not want to see the United Nations
certainly in New York City anymore. We would like to see it relocated,
but more importantly, we would like to see the United Nations move in
the direction corporations are doing today by downsizing; and like we
see here in Congress and the Senate and the House, while we are
downsizing and trying to make the government more efficient and less
expensive, why not have the United Nations do the same thing?
That is the gist of my amendment. I urge my colleagues to support it
when we vote on it tomorrow, Mr. Chairman.
Mr. CAPPS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to oppose the amendment. Having been born and
raised in Omaha, Nebraska, I, too, picked up on that suggestion. Maybe
if Omaha does not want it, Lincoln
[[Page H3350]]
might; I do not know. That is beyond the bounds of this.
Mr. Chairman, first of all, I question the sense-of-Congress kind of
ruling. I am new at this business, but I think those are very difficult
kinds of petitions to deal with. As a general rule, the sense-of-
Congress language, I think, is problematic. I would oppose this
amendment on those grounds. I am not enthusiastic about the proposal. I
certainly do not accept that the United Nations should be a part-time
body. I think it has so much more to do than can be done as a part-time
institution.
I wonder if the gentleman has asked the New York delegation how they
feel about moving the United Nations away from New York. I am not at
all sure that this would be a positive development. It seems to me that
the United Nations has headquarters in New York, with major presences
in Geneva and elsewhere around the world, and that is the way it ought
to be. I am going to oppose this amendment on those grounds and still
other grounds.
Mr. STEARNS. Mr. Chairman, will the gentleman yield?
Mr. CAPPS. I yield to the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, there are some Members of Congress from
New York that would perhaps like to see it leave New York City.
The second point is that the sense of Congress is the only avenue we
have available to try and put in place a feeling that the United
Nations should look at another location. The United Nations does not
have to be forever in New York City. So I think the fact that the
United Nations could set up a commission to look at alternative
selection sites is not an unreasonable sense of Congress, if you will,
because that is the only avenue we have under this bill without it not
being germane. This is the only way I could do it.
We do sense of Congresses on the House floor all the time. It is not
something that is new. I think the Members should realize that we have
probably done 30 sense of Congresses in the last 60 days, so it is not
a new type of parliamentary procedure, it is not a new type of
procedure.
Towards the idea of a United Nations as a part-time body, the United
Nations should look at some of their agencies that could be part-time.
They do not have to have every agency which is in this Web site that I
have listed, which is line after line of different agencies; not every
one of those has to be full time, 365 days, 52 weeks a year.
I would urge my colleague to reconsider, and say basically that he is
optimistic that the United Nations would find another location, and
that they could do a commission report, and it would be a harmless yet
an exploratory, an exploratory way for the United Nations to see is it
the best value for taxpayers and for people from other countries to
support the United Nations and to continue in New York City?
Obviously that real estate is very, very valuable. There obviously
could be other places where the United Nations could go that would be
less expensive. Every corporation in America, every corporation in this
country, looks at cost-saving ways to bring the cost down, and likewise
the United Nations could do the same thing by looking at an alternative
location. I thank the gentleman for yielding, for his courtesy.
Mr. CAPPS. Mr. Chairman, I think the amendment would have more force
if the initiative had come from the United Nations itself. But I simply
oppose the amendment.
Mr. ENGEL. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I am from New York and represent a district in New York
City, Bronx, New York, and am from Westchester, New York, just north of
the city. I can tell the Members that we in New York are very proud of
the United Nations. We are very proud to have it in New York. New York
is a wonderful city.
By the way, I must say that the latest crime statistics have come out
and New York is now the safest city in the country of any city of 1
million population or more, and we are very proud of that. Part of what
makes New York New York is the United Nations. New York certainly is a
very international city. It is a city of which we are proud. We are
very happy to have the United Nations there.
The United Nations pumps $3 billion a year into the New York economy.
That is a lot of money; 20,000 jobs in the U.N. into the New York
economy. That is a lot of money. New York, being the largest city in
this country, it is the financial center of this country, and it is
near the national center of the country.
I can tell the Members that my friend, the gentleman from Florida, is
very wrong in terms of this amendment. I think that the people of New
York, New York City, and the metropolitan area of New York, which
includes parts of New Jersey and Connecticut, I think overwhelmingly we
are very proud of the United Nations and very proud to have the United
Nations in New York.
That does not mean there are not disputes from time to time. We have
been having some disputes involving parking and diplomats parking in
New York. But disputes will come up from time to time. It does not mean
that we do not want the U.N. It does not mean we should even consider
not having the U.N. in New York.
Mr. Chairman, I really rise to oppose this amendment. We have
agencies that want to leave the United Nations in New York. In Bonn,
for instance, the Germans have been very active in trying to pull
different U.N. agencies out of New York. The UNDP, the United Nations
Developmental Program, Bonn has a lot of empty office space and a lot
of empty space because the Germans are relocating their capital to
Berlin. They have offered the U.N. all kinds of incentives to try to
lure different departments and agencies away from New York and away
from the United States. We resist it because we do not want them to
move again because of the jobs, and the fact that money is pumped into
the New York economy.
We should be proud of the United Nations. We should be proud of the
fact that New York is the international capital of the world because
the United Nations is there, and I just think that this moving the U.N.
or pulling out of the U.N., as there was an amendment before which was
soundly defeated, is all part and parcel of an undercurrent of U.N.
bashing, or international engagement bashing.
I think that is wrong. I think that the United States needs to be
engaged in the world. We are the last remaining superpower. I think it
is a feather in our cap to have the United Nations in the United
States. It is certainly a feather in New York's cap to have the United
Nations in New York. From the point it was formed back in 1945, at the
end of the Second World War, New York has been the seat of the United
Nations. It has been a good seat of the United Nations. It has been a
good fit to have the United Nations in New York.
I can say that I probably speak for the entire New York State
delegation, 31 of us, Democrats and Republicans, we are proud to have
the U.N. in New York. We want the U.N. to stay in New York. On our
license plates, New York license plates, we have the Statue of Liberty,
and of course the big three in New York City has always been the Statue
of Liberty, the Empire State Building, and the United Nations. We can
talk about others, the World Trade Center and others as well. But the
U.N. is part and parcel of New York, and New York is part and parcel of
the U.N.
Mr. STEARNS. Mr. Chairman, will the gentleman yield?
Mr. ENGEL. I yield to the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, I appreciate the gentleman's courtesy in
yielding. I understand the gentleman's sympathy, being a Member of
Congress from New York, and perhaps some people feel like the gentleman
does, too. But obviously there are 49 other States. The cost and the
amount of expense that is incurred in New York City certainly could be
brought down by relocating the United Nations elsewhere.
A lot of corporations have been in New York City and they have
relocated because they found it less expensive. So while the gentleman
might be partisan in this matter, but we are trying to think in terms
of the other 49 States who realize that perhaps there is a way to bring
the cost down for the United Nations by relocating it, by having a
commission try to, shall we say, reform the United Nations, and finding
areas where we can make it part time.
[[Page H3351]]
This is not U.N. bashing, this is an attempt, like we are doing here
in Congress, to reform the process, to reform the United Nations and to
make it more effective. Does the gentleman not think after 51 years the
United Nations needs some type of reform?
Mr. ENGEL. Reclaiming my time, Mr. Chairman, let me say, as I
mentioned before when I spoke against the amendment offered by the
gentleman from Texas [Mr. Paul], I think the United Nations is in great
need of reform. I think that the new Secretary General is embarking on
a period of reform, and heaven knows, we need reform and we demand
reform in the U.N., and we must have reform.
But I do not think moving it out of New York City has anything to do
with reform. I wonder how expensive it would be to even consider moving
it out of New York. I think if something is working, it is part and
parcel of the fabric of New York, we ought to keep it. Let me just say
that I do not think we want to move the U.N. out of New York any more
than we want to move Disney World out of Florida. I do not know if it
is the gentleman's district, but I think he would probably resist it.
Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I think the gentleman from Florida is mixing mangoes
with papayas here, because there is a feeling by some folks that the
U.N. should not exist or that the U.N. should be reformed, or that the
U.N. should be downsized. But that should not be a reason for taking
the U.N. out of the United States or the U.N. out of New York.
I come from a district where we fear on a daily basis the loss of the
New York Yankees moving out of State, or maybe if the gentleman
succeeds at this, they may move out of the country. I just cannot
understand why this desire all of a sudden to bash the U.N. and bash it
in a way, in a way which says that the way to deal with this is to have
them move out of New York.
I do not want to believe that this is a New York bashing bill, a
proposal, because I know the gentleman better than that. I have great
respect for him. But I think we have to just look very briefly at some
history.
There is a reason why the U.N. is in New York. The decision was made
based on a couple of things. Obviously, the land was donated by one of
the families in the United States. The construction took place with a
lot of help from private capital. But there was a desire, and I think a
great statement made by that organization, that it wanted to go to the
freest and most democratic country on earth, and that in there it
wanted to be situated in an international city which was known as a
melting pot in this country and definitely throughout the world. So
there was a reason why the U.N. was put in New York. That reason still
remains a very valid reason today.
Today New York City continues to be a place that attracts people from
all over the world to live, to visit, to set up businesses. The U.N.
being in New York is very much a part of what the U.N. is supposed to
be about.
I understand that the gentleman is one of a group that feels that the
U.N. should disappear. Try doing that. Some of us may oppose the
gentleman, but try doing that. In the meantime, leave it in New York
unless he wants it in Florida. If that is the point, then please make
that.
Mr. STEARNS. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, I thank my colleague for yielding to me.
The gentleman and I both know that he had a football team, the
Giants, that left New York and went to New Jersey. The New York Jets
have left. Other athletic teams have left New York City. A lot of
corporations have left. We are not saying in this amendment that it has
to leave. We are asking the United Nations to study it, just to look at
alternative locations that would be less expensive.
All we are saying is set up a commission to look at it somewhere down
the line, maybe 50 years from now, 20 years from now, 5 years from now.
Somewhere down the line it might be advisable for the United Nations to
put itself in a new location. That is all we are asking.
The contrast the gentleman from New York [Mr. Engel] says between
Disney World and the United Nations, Disney World and the United
Nations, maybe some colleagues might think they are synonymous. They
are not. Disney World is a for-profit operation. The United Nations is
a not-for-profit operation. It is totally different. But I appreciate
the gentleman giving me the time.
Mr. SERRANO. Mr. Chairman, reclaiming my time, the gentleman has not
obviously looked at the fact that the U.N. pumps a lot of money into
the United States economy, because New York City is that kind of a
national and international town where any money that is pumped into
that economy in fact has ramifications throughout the Nation. That is a
fact of life.
To say that it should move out because the Giants moved out, first of
all, I think it is very unfair to remind me that the Giants and the
Jets moved out and the Nets moved out, and the Yankees are thinking of
moving out. I have not recovered from the Dodgers moving out or the
Giants moving out.
Granted, if the gentleman can get me the Dodgers back, I will trade
the U.N., but for now, for now let us leave the U.N. in New York.
Mr. PALLONE. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from New Jersey.
{time} 2045
Mr. PALLONE. Mr. Chairman, I just wanted to say, which I think is
very obvious, my other colleague from New York pointed out, $3 billion
into the local economy. Let me just say as a resident and representing
New Jersey, I know that a significant amount of that money also comes
to our State. I am sure it goes to Connecticut. I am sure there are
people that fly down to Miami or other places in Florida and spend
their vacation.
The bottom line is that the U.N. is a good deal for the United States
in terms of having its center located here in New York in this country.
It makes no sense, by any rational sense of the imagination, why we
would want it to move out. We still have to pay dues. We still have to
do the other things to be part of the organization. Why not have it
here where the people are spending all this money in our local
economies and, as the gentleman said, not only in New York but in a lot
of other States.
The CHAIRMAN pro tempore [Mr. Dickey]. The time of the gentleman from
New York [Mr. Serrano] has expired.
The question is on the amendment offered by the gentleman from
Florida [Mr. Stearns].
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. STEARNS. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 159, further
proceedings on the amendment offered by the gentleman from Florida [Mr.
Stearns] will be postponed.
Mr. GILMAN. Mr. Chairman, I ask unanimous consent that the Stearns
amendment just considered be made part of title XVII rather than title
XV as originally noted.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
The CHAIRMAN pro tempore. Are there further amendments to title XV?
Amendment Offered by Mr. Snowbarger
Mr. SNOWBARGER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Snowbarger:
After chapter 2 of title XV (relating to international
organizations; United Nations and related agencies) insert
the following new chapter:
CHAPTER 3--UNITED NATIONS ACCOUNTABILITY ACT OF 1997
SEC. 1531. SHORT TITLE.
This chapter may be cited as the ``United Nations
Accountability Act of 1997''.
SEC. 1532. PROHIBITION OF PAYMENT OF ARREARAGES TO UNITED
NATIONS.
Until a certification by the President of reforms in the
United Nations under section 1533 is transmitted to the
Congress and the certification is approved by the Congress
through enactment of a joint resolution and, notwithstanding
any other provision of law, funds appropriated or otherwise
made available for any fiscal year under ``Contributions to
International Organizations'', ``Contributions for
International Peacekeeping'', or any other account shall not
be available for
[[Page H3352]]
the payment of any assessed contribution of the United States
for prior years to the United Nations.
SEC. 1533. CERTIFICATION BY THE PRESIDENT OF UNITED NATIONS
REFORMS.
The certification referred to in section 1532 is a
certification (with supporting documentation) by the
President to the Congress that the United Nations has
implemented all of the following reforms:
(1) Assessed payment reformulation.--
(A) The assessed payment of the United States to the United
Nations for each year has been lowered to 20 percent of the
budget of the United Nations, or
(B) The United Nations has reformulated each member state's
assessed level to reflect each state's share of the total
world gross national product.
(2) Code of conduct.--The United Nations has implemented a
code of conduct for all employees of the United Nations. The
code of conduct shall specify that no United Nations
official, including the Secretary General, shall be permitted
to engage in business activities outside the United Nations,
or provide any relative with access to United Nations
procurement contracts, or take bribes, directly or
indirectly, from individuals or corporations doing business
with the United Nations or from United Nations member states
or their representatives.
(3) Inspector general of the united nations.--The office of
Inspector General of the United Nations has been strengthened
as follows:
(A) The United Nations has a truly independent office of
inspector general to conduct and supervise objective audits,
inspections, and investigations relating to programs and
operations of the United Nations. The office shall be
financed under a separate line item in the budget of the
United Nations and shall function independently of the
Secretary General.
(B) The United Nations has an inspector general who is
selected and elected by the General Assembly for a term of 3
years and whose appointment was made principally on the basis
of the appointee's integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigation. The
inspector general may be removed only for cause by the
Secretary General with the approval of the General Assembly.
(C) The inspector general is authorized to--
(i) make investigations and reports relating to the
administration of the programs and operations of the United
Nations;
(ii) have access to all relevant records, documents, and
other available materials relating to those programs and
operations; and
(iii) have direct and prompt access to any official of the
United Nations.
(D) The United Nations has fully implemented, and made
available to all member states, procedures designed to
protect the identity of, and prevent reprisals against, any
employee of the United Nations making a complaint or
disclosing information to, or cooperating in any
investigation or inspection by, the inspector general.
(E) The United Nations has fully implemented procedures
designed to ensure compliance with recommendations of the
inspector general.
(F) The United Nations has required the inspector general
to issue an annual report and has ensured that the annual
report and all other relevant reports of the inspector
general are made available to the member governments of the
United Nations General Assembly without modification.
(G) The United Nations is committed to providing sufficient
budgetary resources to ensure the effective operation of the
office of the inspector general.
(4) Employee protection.--The existing United Nations
grievance system has been thoroughly reformed to permit
United Nations employees to hire outside counsel for taking
their grievances up the United Nations grievance ladder to
the top United Nations grievance appeals level. It should
also be made amply clear for civil lawyers and judges in each
member state that United Nations officials' immunity from
civil process applies only to actions performed in the strict
fulfillment of United Nations official duties and never to
abuses in violation of an extensive United Nations code of
conduct, United Nations employees having the right and option
in such cases any time to exit the United Nations grievance
process and sue in a civil court.
(5) Procurement reforms.--
(A) The United Nations has implemented a system requiring
at least 30 days prior notification for the submission of all
qualified bid proposals on all United Nations procurement
opportunities of more than $100,000 and a public announcement
of the award of any contract of more than $100,000 (except in
justified and documented emergencies).
(b) To the extent practicable, notifications and
announcements under subparagraph (A) are made in the Commerce
Business Daily.
(C) The procurement regulations of the United Nations
prohibit punitive actions such as the suspension of contract
eligibility for contractors who challenge contract awards or
complain about delayed payments.
(6) Whistleblower protection.--The United Nations has
implemented whistleblower protection for employees of the
United Nations that--
(A) protects employees who allege or report instances of
fraud or mismanagement, and
(B) the independent Office of the Inspector General has
reviewed the policies and regulations under subparagraph(A)
and determined, in writing that they offer adequate
safeguards against retaliation for such employees, and that
the United Nations employee grievance system outlined in
paragraph (4)(C)(ii) has been reformed and the reforms
implemented.
(7) No growth budget.--The United Nations has adopted a
calendar year 2000-2001 biennial budget that requires no
nominal growth, in dollars, in expenditures.
(8) Downsizing.--The United Nations has continued to
downsize the number of authorized employment positions,
including a reduction of not less than 10 percent in the
number of full-time permanent authorized employment positions
from the number of such positions authorized on January 1,
1997. Acceptable downsizing may not include early detachment
from United Nations service with full pay until retirement
age is reached, nor may it include the hiring of consultants
to replace employees detached early with full pay or those
replaced by temporary employees on short-term contracts.
(9) Salaries.--The United Nations has imposed a freeze on
salaries of employees of the United Nations which allows only
for annual increases not greater than any annual increase in
the United States consumer price index.
(10) Representation on advisory committee on administrative
and budget Questions.--The 8 member states which are the
highest contributors to the budget of the United Nations
shall be permanent members of the Advisory Committee on
Administrative and Budget Questions.
(11) Access to documents.--Require access by any member
state of the United Nations Budget Committee (also known as
the Fifth Committee) to any document concerning any United
Nations program that involves expenditures.
(12) Annual reauthorization of peace-keeping missions.--The
United Nations requires an annual review and reauthorization
of any peace-keeping missions by the United Nations Security
Council.
(13) Reimbursement for united states department of defense
peacekeeping expenditures.--The United Nations and the United
States have entered into an agreement that calls for United
Nations reimbursement for any future voluntary contributors
by the United States Department of Defense, whether they be
financial, logistical, or material.
(14) United states arrearages.--The United Nations and the
United States have mutually determined an amount that will
satisfy any and all arrearages of the United States in
assessed contributions for prior years.
(15) Nominations to security council.--All member states of
the United States belong to a regional group that allows each
member state to be nominated to the Security Council.
(16) United nations taxes.--The United Nations has
abandoned any effort to establish an international tax or any
other international fee or assessment imposed by the United
Nations (other than the assessed contributions of member
states of the United Nations and associated organs).
(17) Noninterference with religious belief, culture, or
tradition.--Neither the United Nations nor any affiliated
agency or entity is engaged in any program or activity that
threatens to interfere with the religion, moral values,
culture, or traditions of any person or group, except insofar
as is strictly necessary for the protection of fundamental
and internationally recognized human rights.
Mr. SNOWBARGER (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Kansas?
There was no objection.
Mr. SNOWBARGER. Mr. Chairman, it is very clear this evening that
after the two amendments that have been offered, one by the gentleman
from Florida [Mr. Stearns] and one by the gentleman from Texas [Mr.
Paul], that we are not going to take the U.S. out of the U.N. and we
will have the vote tomorrow but it is probably unlikely that we are
taking the U.N. out of the U.S. With that in mind, I think we ought to
look to a concern that Americans do have about the United Nations and
look toward reform.
I heard a number of my colleagues on both sides of the aisle as we
have gone through the debate today talk about the various reforms that
are needed in the U.N. My amendment would require that Congress and the
President agree that the United Nations has actually implemented
certain reforms, that we would require. Those reforms pursuant to my
amendment would be a lowering of the U.S. dues assessment from 25 to 20
percent or in the alternative to set assessments for each country's
dues to reflect each country's share of the aggregate GDP.
It would also require that a code of conduct for U.N. employees be
implemented which would prevent conflicts
[[Page H3353]]
of interest, bribes, giving access to friends and relatives to
information in the U.N. It would also strengthen the U.N. inspector
general's office giving him the power to investigate and oversee all
aspects of the United Nations and making him independent of the
Secretary General. The inspector general would be elected by the
assembly as opposed to appointed by the Secretary General.
Also, we would propose that a grievance system be reformed to allow
employees of the United Nations to hire outside counsel to assist them
in and even allow them to sue in civil court for grievances against the
United Nations. We would also ask that procurement reforms be
implemented so that prior notification would be presented to the public
on any procurements over $100,000 and also prohibiting punitive actions
against contractors who challenge those contract awards. We would
provide protection to whistle blowers who report fraud or
mismanagement, we would require that no growth occur in the next
biennial U.N. budget.
We would request that the U.N. reduce its employee force by 10
percent from the 1997 levels. We would also impose a salary freeze
which would allow only for cost-of-living increases. We would propose
that the eight top contributors to the United Nations be permanent
members of the U.N. Committee on the Budget. Due to the
administration's incompetence last year, the United States is not
currently on that committee this year. We would also require member
states to have access to all documents relating to expenditures. It
seems incredible to me, but the U.N. currently does not allow its own
members to have access to internal documents.
The U.N. would also be required to annually reauthorize all
peacekeeping missions so we have an opportunity to review all of those
missions. I understand in the last few years that they have gone to a
6-month or 1-year review. We think that ought to occur for all
peacekeeping missions.
We would also in the amendment provide for a credit to the Department
of Defense for contributions to peacekeeping missions against the U.S.
assessment. The U.N. and the United States would have to come to an
agreement that any payment that we would make under that agreement
would completely satisfy any arrearage. The U.N. would have to abandon
any efforts to impose an international tax or any other new
international fee. All member states would belong to a regional group
that would allow them to be on the Security Council and to nominate
Security Council members. And also the U.N. would not engage in
activity that would interfere with people's religion, culture,
traditions, other than the interference needed to protect fundamental
human rights.
The final provision of the bill would require that the President
certify to Congress that these efforts have been made to reform the
United Nations. Once the President has made that certification within
30 legislative days, the President's certification, there would be a
vote of Congress that would approve or deny that.
Mr. Chairman, I have tried to combine the efforts of an awful lot of
people in putting this amendment together.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. SNOWBARGER. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I want to commend the gentleman from Kansas
[Mr. Snowbarger] for this thoughtful and very thorough amendment
concerning reform of the U.N. I appreciate all the hard work that went
into this effort, intensive work. We have drawn heavily from the
contents of the Snowbarger amendment for a bill that I intend to offer
in the near future with the support of our leadership. My bill,
however, creates even more stringent conditions the U.N. must meet
before we pay our arrears in full. I believe that, when it is
introduced, the gentleman will agree that it fully meets all of his
concerns as expressed in his very thoughtful amendment.
I would, therefore, request the gentleman to withdraw his measure
today and await consideration of the bill that will be introduced very
soon as a freestanding measure on U.N. reform.
The CHAIRMAN pro tempore. The time of the gentleman from Kansas [Mr.
Snowbarger] has expired.
(By unanimous consent, Mr. Snowbarger was allowed to proceed for 1
additional minute.)
Mr. SNOWBARGER. Mr. Chairman, the Clinton administration and U.N.
allies say that the American taxpayer ought to pay arrearages now and
wait for reform later because the dues are legal obligations of our
government. The obligations go both ways. Part of the bargain of the
United Nations is that the United Nations should be efficient,
responsible and accountable. As anyone who has dealt with a
nonperforming contractor knows, withholding of payment is often the
only way to get him to respond to your concerns.
To the chairman of the committee, although I am very reluctant to
withdraw the amendment, I do understand that there has been quite a bit
of work going on behind the scenes in trying to draft another bill.
With the assurances from the chairman that that bill is in progress, I
look forward to working with the chairman. I will withdraw my
amendment.
Mr. GILMAN. Mr. Chairman, if the gentleman will continue to yield, I
thank the gentleman. We have a leadership task force at work right now
trying to define the conditions to define the correct amount that is
due and trying to develop a formula for payment.
Mr. SNOWBARGER. Mr. Chairman, I ask unanimous consent to withdraw my
amendment.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Kansas?
There was no objection.
The CHAIRMAN pro tempore. The amendment is withdrawn.
Are there further amendments to title XV?
Amendment Offered by Mr. Coburn
Mr. COBURN. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Coburn:
At the end of title XV insert the following new section:
SEC. 1525. PROHIBITION ON FUNDING FOR UNESCO WORLD HERITAGE
AND MAN AND BIOSPHERE PROGRAMS.
None of the funds authorized to be appropriated by this Act
may be made available to the Man and Biosphere (MAB) Program
or the World Heritage Program administered by the United
Nations Educational, Scientific, and Cultural Organization
(UNESCO).
Mr. COBURN (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.
Mr. COBURN. Mr. Chairman, this is simply an amendment to clarify what
our process is.
The World Heritage and Man and Biosphere program has never been
authorized by this Congress. It has never been presented to any
committee of this Congress. A quarter of a million dollars this last
year was spend in the State Department's budget for this program. This
amendment simply states that until this is authorized by a committee of
Congress, that no moneys in this authorization will be spent for this.
I will not go into any detail. I plan on reserving my time, but it is
my understanding that the chairman has accepted this amendment and that
the minority will not object to it. Therefore, I would ask the chairman
of the committee if that is his intention.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. COBURN. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, we do not have any objections to accepting
this amendment and would be pleased to accept the gentleman's
amendment.
Mr. COBURN. Mr. Chairman, I wonder if the gentleman from California
might confirm for the minority if that is their intention as well.
Mr. CAPPS. Mr. Chairman, will the gentleman yield?
Mr. COBURN. I yield to the gentleman from California.
Mr. CAPPS. Mr. Chairman, I would like to note for the record that the
administration opposes this amendment. We as a body will not object.
Mr. GILMAN. Mr. Chairman, I ask unanimous consent that, when the
Committee has under consideration the Smith amendment, relative to
restrictions to population activities, that debate on that amendment
and all
[[Page H3354]]
amendments thereto be limited to one hour and 20 minutes divided and
controlled as follows:
Twenty minutes to the gentleman from New Jersey [Mr. Smith] or his
designee; 20 minutes to the gentleman from California [Mr. Campbell] or
his designee; 20 minutes to the gentleman from Indiana [Mr. Hamilton]
or his designee; and 20 minutes to the gentleman from Michigan [Mr.
Barcia] or his designee.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Oklahoma [Mr. Coburn].
The amendment was agreed to.
The CHAIRMAN pro tempore. Are there further amendments to title XV?
The Clerk will designate title XVI.
The text of title XVI is as follows:
TITLE XVI--ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 1601. COMPREHENSIVE COMPILATION OF ARMS CONTROL AND
DISARMAMENT STUDIES.
Section 39 of the Arms Control and Disarmament Act (22
U.S.C. 2579) is repealed.
SEC. 1602. USE OF FUNDS.
Section 48 of the Arms Control and Disarmament Act (22
U.S.C. 2588) is amended by striking ``section 11 of the Act
of March 1, 1919 (44 U.S.C. 111)'' and inserting ``any other
act''.
The CHAIRMAN pro tempore. Are there any amendments to title XVI?
The Clerk will designate title XVII.
The text of title XVII is as follows:
TITLE XVII--FOREIGN POLICY PROVISIONS
SEC. 1701. UNITED STATES POLICY REGARDING THE INVOLUNTARY
RETURN OF REFUGEES.
(a) In General.--No funds authorized to be appropriated by
this division shall be available to effect the involuntary
return by the United States of any person to a country in
which the person has a well founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion, except on
grounds recognized as precluding protection as a refugee
under the United Nations Convention Relating to the Status of
Refugees of July 28, 1951, and the Protocol Relating to the
Status of Refugees of January 31, 1967.
(b) Migration and Refugee Assistance.--No funds authorized
to be appropriated by section 1104 of this Act or by section
2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)) shall be available to effect the involuntary
return of any person to any country unless the Secretary of
State first notifies the appropriate congressional
committees, except that in the case of an emergency involving
a threat to human life the Secretary of State shall notify
the appropriate congressional committees as soon as
practicable.
(c) Involuntary Return Defined.--As used in this section,
the term ``to effect the involuntary return'' means to
require, by means of physical force or circumstances
amounting to a threat thereof, a person to return to a
country against the person's will, regardless of whether the
person is physically present in the United States and
regardless of whether the United States acts directly or
through an agent.
SEC. 1702. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DANGER OF
SUBJECTION TO TORTURE.
(a) In General.--The United States shall not expel,
extradite, or otherwise effect the involuntary return of any
person to a country in which there are reasonable grounds for
believing the person would be in danger of subjection to
torture.
(b) Definitions.--
(1) In general.--Except as otherwise provided, terms used
in this section have the meanings given such terms under the
United Nations Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, subject to any
reservations, understandings, declarations, and provisos
contained in the United States resolution of advice and
consent to ratification to such convention.
(2) Involuntary return.--As used in this section, the term
``effect the involuntary return'' means to take action by
which it is reasonably foreseeable that a person will be
required to return to a country against the person's will,
regardless of whether such return is induced by physical
force and regardless of whether the person is physically
present in the United States.
SEC. 1703. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST
THE GOVERNMENT OF SAUDI ARABIA.
(a) In General.--Within 60 days after the date of the
enactment of this Act and every 120 days thereafter, the
Secretary of State, in coordination with the Secretary of
Defense and the Secretary of Commerce, shall report to the
appropriate congressional committees on specific actions
taken by the Department of State, the Department of Defense,
and the Department of Commerce toward progress in resolving
the commercial disputes between United States firms and the
Government of Saudi Arabia that are described in the June 30,
1993, report by the Secretary of Defense pursuant to section
9140(c) of the Department of Defense Appropriations Act, 1993
(Public Law 102-396), including the additional claims noticed
by the Department of Commerce on page 2 of that report.
(b) Termination.--Subsection (a) shall cease to have effect
when the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of Commerce, certifies
in writing to the appropriate congressional committees that
the commercial disputes referred to in subsection (a) have
been resolved satisfactorily.
SEC. 1704. HUMAN RIGHTS REPORTS.
Section 116(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n) is amended--
(1) by striking ``January 31'' and inserting ``February
25'';
(2) redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the status of child labor practices in each country,
including--
``(A) whether such country has adopted policies to protect
children from exploitation in the workplace, including a
prohibition of forced and bonded labor and policies regarding
acceptable working conditions; and
``(B) the extent to which each country enforces such
policies, including the adequacy of resources and oversight
dedicated to such policies;''.
SEC. 1705. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE
LIBERTAD ACT.
Section 401 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6091) is amended by adding
at the end the following:
``(e) Reports to Congress.--The Secretary of State shall,
not later than 30 days after the date of the enactment of
this subsection and every 3 months thereafter, submit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the implementation of this section. Each
report shall include--
``(1) an unclassified list, by economic sector, of the
number of entities then under review pursuant to this
section;
``(2) an unclassified list of all entities and a classified
list of all individuals that the Secretary of State has
determined to be subject to this section;
``(3) an unclassified list of all entities and a classified
list of all individuals that the Secretary of State has
determined are no longer subject to this section;
``(4) an explanation of the status of the review under way
for the cases referred to in paragraph (1); and
``(5) an unclassified explanation of each determination of
the Secretary of State under subsection (a) and each finding
of the Secretary under subsection (c)--
``(A) since the date of the enactment of this Act, in the
case of the first report under this subsection; and
``(B) in the preceding 3-month period, in the case of each
subsequent report.''.
SEC. 1706. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
(a) Annual Report Concerning Diplomatic Immunity.--
(1) Report to congress.--The Secretary of State shall
prepare and submit to the Congress, annually, a report
concerning diplomatic immunity entitled ``Report on Cases
Involving Diplomatic Immunity''.
(2) Content of report.--In addition to such other
information as the Secretary of State may consider
appropriate, the report under paragraph (1) shall include the
following:
(A) The number of persons residing in the United States who
enjoy full immunity from the criminal jurisdiction of the
United States under laws extending diplomatic privileges and
immunities.
(B) Each case involving an alien described in subparagraph
(A) in which the appropriate authorities of a State, a
political subdivision of a State, or the United States
reported to the Department of State that the authority had
reasonable cause to believe the alien committed a serious
criminal offense within the United States.
(C) Each case in which the United States has certified that
a person enjoys full immunity from the criminal jurisdiction
of the United States under laws extending diplomatic
privileges and immunities.
(D) The number of United States citizens who are residing
in a receiving state and who enjoy full immunity from the
criminal jurisdiction of such state under laws extending
diplomatic privileges and immunities.
(E) Each case involving a United States citizen under
subparagraph (D) in which the United States has been
requested by the government of a receiving state to waive the
immunity from criminal jurisdiction of the United States
citizen.
(3) Serious criminal offense defined.--The term ``serious
criminal offense'' means--
(A) any felony under Federal, State, or local law;
(B) any Federal, State, or local offense punishable by a
term of imprisonment of more than 1 year;
(C) any crime of violence as defined for purposes of
section 16 of title 18, United States Code; or
(D) driving under the influence of alcohol or drugs or
driving while intoxicated if the
[[Page H3355]]
case involves personal injury to another individual.
(b) United States Policy Concerning Reform of Diplomatic
Immunity.--It is the sense of the Congress that the Secretary
of State should explore, in appropriate fora, whether states
should enter into agreements and adopt legislation--
(1) to provide jurisdiction in the sending state to
prosecute crimes committed in the receiving state by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and
(2) to provide that where there is probable cause to
believe that an individual who is entitled to immunity from
the criminal jurisdiction of the receiving state under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending state will waive such immunity or
the sending state will prosecute such individual.
SEC. 1707. CONGRESSIONAL STATEMENT WITH RESPECT TO EFFICIENCY
IN THE CONDUCT OF FOREIGN POLICY.
It is the sense of the Congress that the Secretary, after
consultation with the appropriate congressional committees,
should submit a plan to the Congress to consolidate some or
all of the functions currently performed by the Department of
State, the agency for International Development, and the Arms
Control and Disarmament Agency, in order to increase
efficiency and accountability in the conduct of the foreign
policy of the United States.
SEC. 1708. CONGRESSIONAL STATEMENT CONCERNING RADIO FREE
EUROPE/RADIO LIBERTY.
It is the sense of the Congress that Radio Free Europe/
Radio Liberty should continue surrogate broadcasting beyond
the year 2000 to countries whose people do not yet fully
enjoy freedom of expression. Recent events in Serbia,
Belarus, and Slovakia, among other nations, demonstrate that
even after the end of communist rule in such nations, tyranny
under other names still threatens the freedom of their
peoples, and hence the stability of Europe and the national
security interest of the United States. The Broadcasting
Board of Governors should therefore continue to allocate
sufficient funds to Radio Free Europe/Radio Liberty to
continue broadcasting at current levels to target countries
and to increase these levels in response to renewed threats
to freedom.
SEC. 1709. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC
ENERGY AGENCY IN CUBA.
(a) Withholding of United States Proportional Share of
Assistance.--
(1) In general.--Section 307(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(c)) is amended--
(A) by striking ``The limitations'' and inserting ``(1)
Subject to paragraph (2), the limitations''; and
(B) by adding at the end the following:
``(2)(A) Except as provided in subparagraph (B), with
respect to funds authorized to be appropriated by this
chapter and available for the International Atomic Energy
Agency, the limitations of subsection (a) shall apply to
programs or projects of such Agency in Cuba.
``(B)(i) Subparagraph (A) shall not apply with respect to
programs or projects of the International Atomic Energy
Agency that provide for the discontinuation, dismantling, or
safety inspection of nuclear facilities or related materials,
or for inspections and similar activities designed to prevent
the development of nuclear weapons by a country described in
subsection (a).
``(ii) Clause (i) shall not apply with respect to the
Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the
Pedro Pi Nuclear Research Center unless Cuba--
``(I) ratifies the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483) or the Treaty for the
Prohibition of Nuclear Weapons in Latin America (commonly
known as the Treaty of Tlatelolco);
``(II) negotiates full-scope safeguards of the
International Atomic Energy Agency not later than two years
after ratification by Cuba of such Treaty; and
``(III) incorporates internationally accepted nuclear
safety standards.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 1997, or the date of the
enactment of this Act, whichever occurs later.
(b) Opposition to Certain Programs or Projects.--The
Secretary of State shall direct the United States
representative to the International Atomic Energy Agency to
oppose the following:
(1) Technical assistance programs or projects of the Agency
at the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and
at the Pedro Pi Nuclear Research Center.
(2) Any other program or project of the Agency in Cuba that
is, or could become, a threat to the security of the United
States.
(c) Reporting Requirements.--
(1) Request for iaea reports.--The Secretary of State shall
direct the United States representative to the International
Atomic Energy Agency to request the Director-General of the
Agency to submit to the United States all reports prepared
with respect to all programs or projects of the Agency that
are of concern to the United States, including the programs
or projects described in subsection (b).
(2) Annual reports to the congress.--Not later than 180
days after the date of the enactment of this Act, and on an
annual basis thereafter, the Secretary of State, in
consultation with the United States representative to the
International Atomic Energy Agency, shall prepare and
submit to the Congress a report containing a description
of all programs or projects of the Agency in each country
described in section 307(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2227(a)).
SEC. 1710. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS
THE CAPITAL OF ISRAEL.
(a) Limitation.--Of the amounts authorized to be
appropriated by section 1101(4) for ``Acquisition and
Maintenance of Buildings Abroad'' $25,000,000 for the fiscal
year 1998 and $75,000,000 for the fiscal year 1999 is
authorized to be appropriated for the construction of a
United States Embassy in Jerusalem, Israel.
(b) Limitation on Use of Funds for Consulate in
Jerusalem.--None of the funds authorized to be appropriated
by this division may be expended for the operation of a
United States consulate or diplomatic facility in Jerusalem
unless such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
(c) Limitation on Use of Funds for Publications.--None of
the funds authorized to be appropriated by this division may
be available for the publication of any official government
document which lists countries and their capital cities
unless the publication identifies Jerusalem as the capital of
Israel.
(d) Record of Place of Birth.--For purposes of the
registration of birth, certification of nationality, or
issuance of a passport of a United States citizen born in the
city of Jerusalem, upon request, the Secretary of State shall
permit the place of birth to be recorded as Jerusalem,
Israel.
SEC. 1711. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON
INTERNATIONAL CHILD ABDUCTION.
Beginning 6 months after the date of the enactment of this
Act and every 12 months thereafter during the fiscal years
1998 and 1999, the Secretary shall provide to the appropriate
congressional committees a report on the compliance with the
provisions of The Hague Convention on the Civil Aspects of
International Child Abduction by the signatories to such
convention. Each such report shall include the following
information:
(1) The number of applications for the return of children
submitted by United States citizens to the Central Authority
for the United States that remain unresolved more than 18
months after the date of filing.
(2) A list of the countries to which children in unresolved
applications described in paragraph (1) are alleged to have
been abducted.
(3) A list of the countries that have demonstrated a
pattern of noncompliance with the obligations of such
convention with respect to applications for the return of
children submitted by United States citizens to the Central
Authority for the United States.
(4) Detailed information on each unresolved case described
in paragraph (1) and on actions taken by the Department of
State to resolve each such case.
SEC. 1712. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE
ECUMENICAL PATRIARCHATE BY THE GOVERNMENT OF
TURKEY.
It is the sense of the Congress that the United States--
(1) should recognize the Ecumenical Patriarchate and its
nonpolitical, religious mission;
(2) should encourage the continued maintenance of the
institution's physical security needs, as provided for under
Turkish and international law; and
(3) should use its good offices to encourage the reopening
of the Ecumenical Patriarchate's Halki Patriarchal School of
Theology.
SEC. 1713. RETURN OF HONG KONG TO PEOPLE'S REPUBLIC OF CHINA.
It is the sense of the Congress that--
(1) the return of Hong Kong to the People's Republic of
China should be carried out in a peaceful manner, with
respect for the rule of law and respect for human rights,
freedom of speech, freedom of the press, freedom of
association, freedom of movement; and
(2) these basic freedoms are not incompatible with the rich
culture and history of the People's Republic of China.
SEC. 1714. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF
SERBIA.
(a) Findings.--The Congress finds the following:
(1) The United States stands as a beacon of democracy and
freedom in the world.
(2) A stable and democratic Republic of Serbia is important
to the interests of the United States, the international
community, and to peace in the Balkans.
(3) Democratic forces in the Republic of Serbia are
beginning to emerge, notwithstanding the efforts of Europe's
longest-standing communist dictator, Slobodan Milosevic.
(4) The Republic of Serbia completed municipal elections on
November 17, 1996.
(5) In 14 of Serbia's 18 largest cities, and in a total of
42 major municipalities, candidates representing parties in
opposition to the Socialist Party of President Milosevic and
the Yugoslav United Left Party of his wife Mirjana Markovic
won a majority of the votes cast.
(6) Socialist Party-controlled election commissions and
government authorities thwarted the people's will by
annulling free elections in the cities of Belgrade, Nis,
Smederevska Palanka, and several other cities where
opposition party candidates won fair elections.
(7) Countries belonging to the Organization for Security
and Cooperation in Europe
[[Page H3356]]
(OSCE) on January 3, 1997, called upon President Milosevic
and all the political forces in the Republic of Serbia to
honor the people's will and honor the election results.
(8) Hundreds of thousands of Serbs marched in the streets
of Belgrade on a daily basis from November 20, 1996, through
February 1997, demanding the implementation of the election
results and greater democracy in the country.
(9) The partial reinstatement of opposition party victories
in January 1997 and the subsequent enactment by the Serbian
legislature of a special law implementing the results of all
the 1996 municipal elections does not atone for the Milosevic
regime's trampling of rule of law, orderly succession of
power, and freedom of speech and of assembly.
(10) The Serbian authorities have sought to continue to
hinder the growth of a free and independent news media in the
Republic of Serbia, in particular the broadcast news media,
and harassed journalists performing their professional
duties.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the United States, the Organization for Security and
Cooperation in Europe (OSCE), and the international community
should continue to press the Government of the Republic of
Serbia to ensure the implementation of free, fair, and honest
presidential and parliamentary elections in 1997, and to
fully abide by their outcome;
(2) the United States, the OSCE, the international
community, nongovernmental organizations, and the private
sector should continue to promote the building of democratic
institutions and civic society in the Republic of Serbia,
help strengthen the independent news media, and press for the
Government of the Republic of Serbia to respect the rule of
law; and
(3) the normalization of relations between the Federal
Republic of Yugoslavia and the United States requires, among
other things, that President Milosevic and the leadership of
Serbia--
(A) ensure the implementation of free, fair, and honest
presidential and parliamentary elections in 1997;
(B) abide by the outcome of such elections; and
(C) promote the building of democratic institutions,
including strengthening the independent news media and
respecting the rule of law.
SEC. 1715. RELATIONS WITH VIETNAM.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) the development of a cooperative bilateral relationship
between the United States and the Socialist Republic of
Vietnam should facilitate maximum progress toward resolving
outstanding POW/MIA issues, promote the protection of human
rights including universally recognized religious, political,
and other freedoms, contribute to regional stability, and
encourage continued development of mutually beneficial
economic relations;
(2) the satisfactory resolution of United States concerns
with respect to outstanding POW/MIA, human rights, and
refugee issues is essential to the full normalization of
relations between the United States and Vietnam;
(3) the United States should upgrade the priority afforded
to the ongoing bilateral human rights dialog between the
United States and Vietnam by requiring the Department of
State to schedule the next dialog with Vietnam, and all
subsequent dialogs, at a level no lower than that of
Assistant Secretary of State;
(4) during any future negotiations regarding the provision
of Overseas Private Investment Corporation insurance to
American companies investing in Vietnam and the granting of
Generalized System of Preference status for Vietnam, the
United States Government should strictly hold the Government
of Vietnam to internationally recognized worker rights
standards, including the right of association, the right to
organize and bargain collectively, and the prohibition on the
use of any forced or compulsory labor; and
(5) the Department of State should consult with other
governments to develop a coordinated multilateral strategy to
encourage Vietnam to invite the United Nations Special
Rapporteur on Religious Intolerance to visit Vietnam to carry
out inquiries and make recommendations.
(b) Report to Congress.--In order to provide Congress with
the necessary information by which to evaluate the
relationship between the United States and Vietnam, the
Secretary shall report to the appropriate congressional
committees, not later than 90 days after the enactment of
this Act and every 180 days thereafter during fiscal years
1998 and 1999, on the extent to which--
(1) the Government of the Socialist Republic of Vietnam is
cooperating with the United States in providing the fullest
possible accounting of all unresolved POW/MIA cases and the
recovery and repatriation of American remains;
(2) the Government of the Socialist Republic of Vietnam has
made progress toward the release of all political and
religious prisoners, including but not limited to Catholic,
Protestant, and Buddhist clergy;
(3) the Government of the Socialist Republic of Vietnam is
cooperating with requests by the United States to obtain full
and free access to persons of humanitarian interest to the
United States for interviews under the Orderly Departure
(ODP) and Resettlement Opportunities for Vietnamese Refugees
(ROVR) programs, and in providing exit visas for such
persons;
(4) the Government of the Socialist Republic of Vietnam has
taken vigorous action to end extortion, bribery, and other
corrupt practices in connection with such exit visas; and
(5) the Government of the United States is making vigorous
efforts to interview and resettle former reeducation camp
victims, their immediate families including, but not limited
to, unmarried sons and daughters, former United States
Government employees, and other persons eligible for the ODP
program, and to give such persons the full benefit of all
applicable United States laws including, but not limited to,
sections 599D and 599E of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1990
(Public Law 101-167).
SEC. 1716. STATEMENT CONCERNING RETURN OF OR COMPENSATION FOR
WRONGLY CONFISCATED FOREIGN PROPERTIES.
The Congress--
(1) welcomes the efforts of many post-Communist countries
to address the complex and difficult question of the status
of plundered properties;
(2) urges countries which have not already done so to
return plundered properties to their rightful owners or, as
an alternative, pay compensation, in accordance with
principles of justice and in a manner that is just,
transparent, and fair;
(3) calls for the urgent return of property formerly
belonging to Jewish communities as a means of redressing the
particularly compelling problems of aging and destitute
survivors of the Holocaust;
(4) calls on the Czech Republic, Latvia, Lithuania,
Romania, Slovakia, and any other country with restrictions
which require those whose properties have been wrongly
plundered by Nazi or Communist regimes to reside in or have
the citizenship of the country from which they now seek
restitution or compensation to remove such restrictions from
their restitution or compensation laws;
(5) calls upon foreign financial institutions, and the
states having legal authority over their operation, that
possess wrongfully and illegally obtained property
confiscated from Holocaust victims, from residents of former
Warsaw Pact states who were forbidden by Communist law from
obtaining restitution of such property, and from states that
were occupied by Nazi, Fascist, or Communist forces, to
assist and to cooperate fully with efforts to restore this
property to its rightful owners; and
(6) urges post-Communist countries to pass and effectively
implement laws that provide for restitution of, or
compensation for, plundered property.
The CHAIRMAN pro tempore. Are there any amendments to title XVII?
Amendment Offered by Mr. Smith of New Jersey
Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Smith of New Jersey:
In Title 17, add the following new section (and conform the
table of contents accordingly):
SEC. . REPORT ON BORDER CLOSURES OR ECONOMIC OR COMMERCIAL
BLOCKADES AFFECTING THE INDEPENDENT STATES OF
THE FORMER SOVIET UNION.
(a) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act the President shall prepare and
transmit to the Congress a report on any border closure or
use of an economic or commercial blockade by or against any
independent state of the former Soviet Union against any
other country.
(2) Contents of report.--Such report shall contain a
description of the extent to extent to which such a closure
or blockade restricts, directly or indirectly, the transport
or delivery of United States humanitarian assistance, and
whether such closure or blockade is considered to restrict,
directly or indirectly, the transport or delivery of such
assistance for purpose of section 6201 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2379).
(b) Definition.--The term ``independent states of the
former Soviet Union'' has the meaning given such term in
section 3 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (22 U.S.C.
5801).
Mr. SMITH of New Jersey (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Chairman, I think this amendment should
be noncontroversial. It would require the President to report to
Congress about any border closures or the use of an economic or
commercial blockade by or against any of the new independent states
against any other country.
The report would be due within 60 days of enactment of the bill. The
[[Page H3357]]
amendment stipulates that the report shall describe the extent to which
such border closures or economic or commercial blockades impede or
restrict directly or indirectly the delivery of U.S. humanitarian aid
and whether the closure would be considered to be in violation of
Humanitarian Aid Corridors Act. As we know, Mr. Chairman, the corridors
law calls for the cutoff of U.S. assistance to countries that impede
the delivery of U.S. humanitarian assistance to third countries.
The report would allow Congress and the State Department to have a
clear mutual understanding of where violations or potential violations
occur.
{time} 2100
As a result of ethnic separatist conflicts in the territory of the
former Soviet Union, especially in the Caucasus, various states have at
times imposed border closures or blockades on neighboring states. These
blockades or border closures hamper or make impossible the delivery of
humanitarian assistance.
Among these blockades or embargoes are: Azerbaijan's blockade on
Armenia and Nagorno-Karabagh, and Armenia's blockade of Nakhichevan, an
Azerbaijani enclave separated from the rest of Azerbaijan by Armenian
territory, and Russia's occasional blockading of Azerbaijan, claiming
that Azerbaijan was helping Chechnya.
I would ask Members to support this. Again, I know there is good
strong support for this on the other side. This would give us a clear
picture again of what is truly going on and whether or not the
Humanitarian Aid Corridors Act is being violated.
The CHAIRMAN pro tempore (Mr. Dickey). The question is on the
amendment offered by the gentleman from New Jersey [Mr. Smith].
The amendment was agreed to.
The CHAIRMAN pro tempore. Are there further amendments to title XVII?
Amendment Offered by Mr. PALLONE
Mr. PALLONE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Pallone:
At the end of title XVII (relating to foreign policy
provisions) insert the following new section:
SEC. 1717. SENSE OF CONGRESS REGARDING THE NAGORNO-KARABAGH
CONFLICT.
(a) Sense of Congress--It is the sense of Congress that
(1) the United States should take a greater leadership role
in working for a negotiated settlement of the Nagorno-
Karabagh conflict; and
(2) the Secretary of State should consider the
participation of the United States as a co-chair of the
OSCE's Minsk Group a priority of the Department of State; and
(3) the United States reaffirms its neutrality in the
conflict.
(b) Congressional Statement--The congress urges the
President and the Secretary of State to encourage direct
talks between the parties to the Nagorno-Karabagh conflict.
Mr. PALLONE. Mr. Chairman, I am submitting this amendment on behalf
of myself and my colleague, the gentleman from Michigan [Mr.
Knollenberg]. The provision reaffirms the current U.S. Government
position of neutrality in working for a negotiated settlement to the
conflict over Nagorno-Karabagh.
The U.S., as was mentioned in the amendment, is a cochair of the
Organization for Security and Cooperation in Europe's Minsk Group,
which is charged with negotiating a political solution to the Nagorno-
Karabagh conflict. The amendment would also encourage direct talks
between the parties to the conflict, Armenia, Nagorno-Karabagh and
Azerbaijan.
As was mentioned when the amendment was read, part of the amendment
is basically asking the U.S. to take a greater leadership role in
working for a negotiated settlement of the conflict and, in particular,
that the U.S.'s activities as cochair of the Minsk Group be a priority
of the Department of State.
The U.S. has identified a resolution of the Nagorno-Karabagh conflict
as a vital interest and we have actually appointed a U.S. special
negotiator for this purpose. Although a cease-fire has mostly held for
about 3 years in the area, the OSCE-brokered negotiations intended to
produce a political settlement are deadlocked. Congress can help to
jump-start the negotiating process by going on record in support of a
negotiated settlement and reaffirming U.S. neutrality.
Mr. Chairman, I do not want to get into a lengthy historical
discussion, but I did want to mention that the collapse of the Soviet
Union allowed the formerly captive nations to have a rebirth of
freedom. Unfortunately, the end of the Soviet Union also exposed
problems created by the way borders were drawn during the Stalin era,
setting the stage for subsequent ethnic conflicts.
In the case of Karabagh, historically populated by Armenians, as it
still is today, but assigned to Azerbaijan, this is really a striking
example of some of the problems that resulted from the lines that were
drawn during the Stalinist era. While it is ultimately up to the
parties directly involved to agree to a negotiated settlement, the
power and the prestige of the United States counts for a great deal,
and I believe that people listen to us and our influence can be of
great help in moving forward on the peace process.
Mr. KNOLLENBERG. Mr. Chairman, I rise today in support of the Pallone
amendment and urge my colleagues to join the gentleman from New Jersey
[Mr. Pallone] in supporting his amendment. This amendment will finally,
we believe, bring peace and stability to this war torn region of the
former Soviet Union.
The amendment that we are offering this evening would urge the
President and the Secretary of State to take a greater leadership role
in efforts to gain a negotiated settlement of the Nagorno-Karabagh
conflict.
Armenia and Azerbaijan have spent the last decade entangled in
conflict over the tiny enclave of Nagorno-Karabagh. This never-ending
conflict has caused tremendous hardship and suffering, and despite
continuing efforts by the OSCE's Minsk Group, resolution is still a
long way off.
Like it or not, the U.S. is now cochair of the Minsk Group. And as
the world's greatest power we must recognized our role as an important
positive part of efforts to reach a negotiated settlement that would
end the bloodshed.
As the State Department recently said, the U.S. must act as ``an
unbiased mediator in this conflict and support a solution that is
mutually acceptable to all parties.'' We must do so because only an
agreed, not an imposed solution will be stable and will endure.
President Clinton also vowed that the U.S.'s consistent position of
neutrality in the Nagorno-Karabagh conflict has not changed and will
not change.
Lives are here on the line, Mr. Chairman, and we must continue to
play an important supporting role in efforts to end this disastrous
conflict once and for all.
I know there are a lot of people out there that may want to address
other issues, like territorial integrity and the unfettered delivery of
U.S. aid to the region. However, this is neither the time nor the place
to debate these issues. Indeed, the Minsk Group is the only place to do
it, and only with unbiased U.S. leadership can the Minsk Group become a
productive forum for resolving such disputes.
Here is the bottom line. This amendment expresses Congress' desire to
see the United States be an unbiased leader in resolving the Nagorno-
Karabagh conflict, nothing more, nothing less. This is not a new
position. The President has pledged neutrality and the State Department
has pledged neutrality. It is time for Congress to follow suit.
Mr. EDWARDS. Mr. Chairman, will the gentleman yield?
Mr. KNOLLENBERG. I yield to the gentleman from Texas.
Mr. EDWARDS. Mr. Chairman, I want to thank the gentleman and I want
to say while there may be personal differences of opinion on how to
deal with this conflict, I want to support this amendment with the
understanding of this colloquy.
It is my understanding that this amendment is designed to encourage
the United States to become more actively involved in settling the
Nagorno-Karabagh conflict and that nothing in the amendment is intended
to change U.S. policy in this matter. I would ask the gentleman if that
is correct.
Mr. KNOLLENBERG. Mr. Chairman, reclaiming my time, I appreciate the
gentleman's question, and tell him that that is correct. I do not
believe that this amendment changes current
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U.S. policy in any way. In fact, what it does, it reaffirms a
consistent U.S. policy as stated by both the President and the State
Department. So that is a yes.
Mr. EDWARDS. Mr. Chairman, if the gentleman will continue to yield,
with that understanding, I look forward to supporting the gentleman's
amendment.
Mr. KNOLLENBERG. Mr. Chairman, reclaiming my time, I appreciate the
gentleman's support and I appreciate the gentleman from New Jersey's
work on this.
Mr. CAPPS. Mr. Speaker, I move to strike the requisite number of
words.
Mr. Chairman, I also want to talk in support of the amendment. I
believe the amendment states exactly what U.S. policy should be toward
the conflict in Nagorno-Karabagh.
In my judgment, the United States should exert a leadership role in
its new co-chairmanship of the Minsk Group talks to help try to bring
the conflict between Armenia and Azerbaijan to an end. This is
precisely what the Pallone-Knollenberg amendment advocates.
I commend the gentleman from New Jersey and the gentleman from
Michigan and the gentleman from Texas and urge the adoption of the
amendment.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the amendment offered by my
colleagues, the gentleman from New Jersey [Mr. Pallone] and the
gentleman from Michigan [Mr. Knollenberg].
For years, Armenia and Azerbaijan have engaged in a tragic conflict
over the status of the Nagorno-Karabagh region. While a cease-fire has
been in place since 1994, there are still thousands of refugees and
civilians who are desperately in need of our help.
I was disappointed that the committee rejected an amendment to the
original foreign aid bill that would have encouraged U.S. humanitarian
assistance to the Nagorno-Karabagh area. This amendment would have
provided much needed assistance to the refugees and any civilians
living in the area.
The Pallone-Knollenberg amendment does not address the issue of U.S.
aid nor does it take sides in the conflict between Armenia or
Azerbaijan. Instead, the amendment simply expresses the sense of the
Congress that the United States Government should take a leadership
role in bringing a resolution to the conflict.
The amendment also reaffirms the current neutral stance of the United
States and encourages direct negotiations between the parties to the
conflict. I support this amendment because there can be no better way
to assist the war torn victims of this longstanding conflict than to
help bring about a lasting peace in the region.
There is nothing wrong with the U.S. remaining neutral. It is wrong
for us to stand on the sidelines doing nothing to bring about a
permanent resolution to this war. The Clinton administration has taken
the initiative in similar conflicts around the world, and there is no
good reason why we should not do the same in Nagorno-Karabagh.
Mr. Chairman, the people of this region are in need of our help. The
best thing that we can do for them right now is to vote for the
Pallone-Knollenberg amendment. I strongly urge my colleagues to support
it.
Mr. SMITH of New Jersey. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I will just take a minute or two to express my support
for this resolution before the House.
I am a very strong supporter of Armenia, and I share the concern of
the author of the amendment that Armenia and its neighbor, Azerbaijan,
live in peace and harmony with each other. I would like to ask one
question, if I could, of the sponsor of the amendment, my good friend
from New Jersey, Mr. Pallone.
Just so it is very clear, and I think one of the previous speakers
said this, so there is no ambiguity about it, is it the gentleman's
intent to change the current U.S. position in support of the
territorial integrity of Azerbaijan through this amendment?
Mr. PALLONE. Mr. Chairman, will the gentleman yield?
Mr. SMITH of New Jersey. I yield to the gentleman from New Jersey.
Mr. PALLONE. Mr. Chairman, I want to stress that the resolution
states the U.S. reaffirms its neutrality in the conflict. What we have
purposely done here is to craft language that would avoid the
underlying issue of territorial integrity versus self-determination or
some of the other principles that are now being discussed in the
context of the negotiations.
So we purposely have not used any of those principles in crafting the
language.
Mr. SMITH of New Jersey. Mr. Chairman, I think that is helpful,
especially as the sensitive stage of negotiations is underway. So I do
thank the gentleman.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey [Mr. Pallone].
The amendment was agreed to.
Mr. SMITH of New Jersey. Mr. Chairman, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly the Committee rose; and the Speaker pro tempore [Mr.
Nethercutt] having assumed the chair, Mr. Dickey, Chairman pro tempore
of the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
1757) to consolidate international affairs agencies, to authorize
appropriations for the Department of State and related agencies for
fiscal years 1998 and 1999, and for other purposes, had come to no
resolution thereon.
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