[Congressional Record Volume 143, Number 102 (Thursday, July 17, 1997)]
[Senate]
[Pages S7623-S7650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 1998
The PRESIDENT pro tempore. The clerk will report the pending bill.
The assistant legislative clerk read as follows:
A bill (S. 955) making appropriations for foreign
operations, export financing and related programs for the
fiscal year ending September 30, 1998, and for other
purposes.
The Senate resumed consideration of the bill.
Pending:
Bingaman amendment No. 896, to provide for Cuban-American
family humanitarian support and compassionate travel.
Hutchinson amendment No. 890, to express the sense of the
Senate that most-favored-nation trade status for China should
be revoked.
The PRESIDENT pro tempore. The able Senator from New Mexico is
recognized.
Amendment No. 896
Mr. BINGAMAN. Mr. President, I appreciate very much the chance to
speak again about my amendment. Let me take just a few minutes to
describe what this amendment does and then reserve a couple of the 5
minutes that is allotted for my side for any rebuttal I need to make.
This amendment is very modest. It tries to do three things. It is
aimed at assisting the Cuban-American families that reside in our
country, some of whom are citizens--some individuals are citizens, some
are residents. It tries to assist in three respects.
First of all, it says with regard to family support payments, that
residents of the United States shall not be prohibited from sending to
their parents, their siblings, their spouses, or their children who
currently reside in Cuba, small amounts of money, not to exceed $200
per month, to be used for the purchase of basic necessities, including
food, clothing, household supplies, rent, medicines, and medical care.
Mr. President, I think this is self-explanatory. We had a policy
until the shootdown of the plane some 2 years ago, nearly, at this
point--we had a policy of permitting, I believe, $100 per month to be
remitted by Cuban-Americans living in this country to their families in
Cuba for these types of purposes. That is no longer permitted at any
level. This amendment would say up to $200 per month could be sent by
[[Page S7624]]
a person in this country to a family member in Cuba.
Second, compassionate travel--that is the second item in this
amendment. It says essentially that U.S. citizens and permanent
residents here can travel without limitation for periods not to exceed
30 days for each trip to attend either a medical emergency or a funeral
of that person's parent, sibling, spouse, or child. As I understand it,
the present law in this country is that you can go to Cuba for a very
short time once a year, if you are a resident of this country, for this
kind of purpose. It doesn't take a great deal of ingenuity to conjure
up a situation where you would have a person's parent getting sick,
having a medical emergency that required that person to return early in
the year, and then have a funeral later that year which would require a
return again to Cuba. This amendment says that you could do both of
those trips. Neither could be more than 30 days in duration. It is a
very limited provision. It is only applicable to people who have
spouses, parents, siblings, and children in Cuba.
And the third item here, which I think is not just aimed at the
Cuban-American community, it says that the United States Government
shall not be prohibited from participating in humanitarian relief
efforts of multilateral organizations of which the United States is a
member, where such humanitarian relief efforts are made in the
aftermath of a natural disaster in Cuba.
All we are saying here is that if there is a hurricane, if there is
some natural catastrophe in Cuba, and multilateral organizations that
we are a member of decide to take some action to assist the Cuban
people, then we can participate along with the other members of that
multilateral organization.
As I indicated when I started, this is a very, very modest amendment.
It is trying to deal with some very specific problems I see in our
current law, and I would very much appreciate it if our colleagues
could agree to this amendment. I understand it is objectionable, and I
will, at this point, yield the floor and reserve the remainder of my
time to allow the opponents of the amendment to explain why this is
going to undermine our great democracy.
I yield the floor.
The PRESIDING OFFICER (Mr. Brownback). Who yields time in opposition
to the amendment?
The Senator from New Jersey.
Mr. TORRICELLI. Mr. President, I yield myself 3 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. TORRICELLI. Mr. President, on February 24, 1996, under the
directions of Fidel Castro, the Cuban Air Force encountered and
destroyed a civilian aircraft in the Florida straits. Murdered on that
day were four innocent civilians, including Americans. At almost the
same time, 100 brave Cuban citizens demonstrating in the streets of
Havana were arrested for demanding democratic reforms, and they remain
in jail.
In response to these actions, President Clinton, with the strong
bipartisan support of this country, on that day made several changes in
American policy. First, we suspended the very remittances that would be
expanded by the Bingaman amendment today, and canceled flights that
were encouraging tourism and travel in Cuba. It was a modest response
to an egregious act. We were united then; I do not know what would
divide us now.
Since the murders on that day, there has been no change in Cuban
policy. Although the price of progress in American relations has always
been clear--a single opposition newspaper, the scheduling of a free
election, the allowing of any dissent, the opening of Cuba's jails to
anyone; not all of these things, not even in their entirety, but any
one of these things, to any extent, would have brought about a change
in our policy.
I know people are impatient for democratic reform in Cuba and an
ending of the embargo. It has been 5 years since we strengthened
American law. I know patience is not always our greatest national
attribute. But now--in the face of Fidel Castro, 5 years after
embarking on this policy, only 18 months after the murder of these
citizens, with no Cuban response, no concession and no change--to
simply abandon our policy, I believe, would undermine a foreign policy
objective of the United States for a free Cuba.
Mr. President, does the Senator from Florida--we have consumed 3
minutes, I believe, Mr. President?
The PRESIDING OFFICER. Two minutes remain.
Mr. TORRICELLI. Does the Senator from Florida request the 2 minutes?
Mr. GRAHAM. Yes.
The PRESIDING OFFICER. The Senator from Florida.
Mr. GRAHAM. Mr. President, I thank my colleague, Senator Torricelli.
I rise today to oppose the amendment offered by our colleague from
New Mexico. The policy of the United States toward Cuba is too serious,
it is too delicate, it has too many ramifications to be settled in
debate which this morning will provide 5 minutes per side to discuss
the nuances of what is entailed in this seemingly humanitarian and
benign amendment. If there is to be a change in policy, it should be
the result of studied consideration of all of the implications of
specific proposals, not extracting three items from a complex set of
relationships that involve not only Cuba but also many other nations in
the world.
Second, there is no need for this amendment. One of the principal
parts of this amendment is related to humanitarian aid, particularly
after a natural disaster--a very appealing concept for Americans. It is
so appealing that, in fact, the United States is already the largest
donor of humanitarian assistance to Cuba. In the last 4 years, the U.S.
Government has licensed more than $150 million of humanitarian
assistance to Cuba, more than the total of all other nations combined.
So the United States has not stood by in times of humanitarian need for
the people of Cuba.
With reference to travel to Cuba, American citizens already can
travel to Cuba once a year with virtually no restraints in order to
attend to a humanitarian family need. This would open the gates beyond
that to allow unlimited visits to Cuba.
The PRESIDING OFFICER. The time of the Senator has expired.
Mr. GRAHAM. Mr. President, I urge the Senate defer the debate on what
should be our policy in the future toward Cuba to another day, when we
can give it the attention that it requires, and defeat this amendment.
Mr. BINGAMAN. Mr. President, how much time remains?
The PRESIDING OFFICER. The Senator from New Mexico controls 50
seconds.
Mr. BINGAMAN. Let me conclude by saying I am not trying to change
United States policy toward Cuba. I am not trying to provide assistance
to Fidel Castro. I am not trying to send a signal that Fidel Castro is
a favorite statesman of this country. I do think it is appropriate for
us to separate out the concerns of Cuban-American citizens and
residents from this geopolitical issue, and say these modest efforts to
assist Cuban-American citizens and residents to help their families and
to visit their families are not something that a great nation like ours
should resist.
Clearly, the humanitarian assistance my colleague from Florida cites
that we have done is in the private sector. There is no public sector
assistance at this time.
Mr. President, I urge the adoption of my amendment.
While I have the floor, I ask unanimous consent to add Senator Bob
Kerrey from Nebraska as a cosponsor of my amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BINGAMAN. I also ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. By previous agreement, the vote will take
place at a later time.
The PRESIDING OFFICER. All time has expired on the amendment.
Amendment No. 890
The PRESIDING OFFICER. The question recurs on the amendment of the
Senator from Arkansas. The Senator from Arkansas is recognized for up
to 5 minutes.
Mr. HUTCHINSON. Mr. President, I yield myself 2 minutes.
It has been years since this body voted on the most-favored-nation
status for China. It has been 8 years since
[[Page S7625]]
the Tiananmen Square massacre, and it has been 4 years since this
Nation embarked on a policy of so-called constructive engagement which
delinked our China trade policy from human rights concerns.
During these years, years since we last voted on MFN, years since the
Tiananmen Square massacre, and the 4 years since we embarked upon
constructive engagement, this is what has happened in these years:
The struggling democracy movement in China has been thoroughly and
completely squashed.
Those students at Tiananmen Square, which we watched on television
all over this Nation, are all either imprisoned or executed.
All voices of freedom in China have since been silenced--all of
them--according to the 1996 State Department Report on China. All
voices of dissidents have been silenced.
Chinese workers have been systematically exploited.
Weapons of mass destruction have been exported around the world so
that the export of those weapons from China now poses the greatest
military risk in the world today.
And people of faith in China have been persecuted and driven
underground.
In addition, during these years, all political dissent has been
effectively oppressed, and now there is mounting evidence that, in
fact, during these years when we were year after year granting most-
favored-nation status, they were attempting to influence the American
political process. There is mounting evidence that that was the case.
So I believe this vote is a vote of conscience. I believe it is a
vote that we must have in this body. The abuses of the Chinese
Government beg to be protested.
So when people ask me why this vote? I say because it is so egregious
what is going on that we must vote, we must raise our voice, we must
let the people of China know that there are people standing up for them
in the United States.
The PRESIDING OFFICER. The Senator has used his 2 minutes.
Mr. HUTCHINSON. I reserve my 3 minutes.
The PRESIDING OFFICER. Who seeks to speak in opposition to the
amendment?
Ms. COLLINS addressed the Chair.
The PRESIDING OFFICER. The Senator from Maine. How much time does the
Senator seek?
Ms. COLLINS. Mr. President, I seek 90 seconds, please.
The PRESIDING OFFICER. The Senator is recognized.
Ms. COLLINS. Mr. President, I rise in support of Senator Hutchinson's
sense-of-the-Senate resolution. I want to make clear that my support of
this nonbinding resolution signifies my grave concerns about most-
favored-nation status for China rather than a final decision about this
important policy question.
Last month, the House of Representatives debated a resolution of
disapproval that would have denied most-favored-nation status for China
as proposed by President Clinton. The House rejected this measure,
thereby supporting the Clinton administration's proposal to extend MFN
status for China for another year.
Given this action by the House, the U.S. Senate will not have a
formal debate and vote this year on the President's recommendation.
Nevertheless, I recognize that this issue raises some very serious
issues that need more debate and consideration than the very brief
debate that the Senate has given this issue today.
Like many of my colleagues in the Senate, I am very troubled by the
actions of the Chinese Government in Beijing. It has a very poor record
on human rights issues. It has repeatedly violated trade agreements.
The PRESIDING OFFICER. The Senator has spoken for 90 seconds. Does
she seek additional time?
Ms. COLLINS. I ask unanimous consent that I be permitted to proceed
for 1 additional minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. It has a very poor record on human rights issues. It has
repeatedly violated trade agreements. It engages in unacceptable
weapons proliferation activities. It denies the religious freedom of
its citizens. It maintains an antidemocratic posture toward Taiwan and
Tibet. And, finally, our Senate investigation into campaign finance
abuses has revealed a plan by China to funnel illegal political
contributions into American campaigns.
Given all of the ramifications, I believe that at an appropriate time
and place, the Senate should engage in a full-fledged debate that gives
these matters the attention that they truly deserve.
In conclusion, I am withholding final judgment on the question of
most-favored-nation status for China, but in the meantime, I am
expressing my very serious concerns and reservations by supporting the
nonbinding sense-of-the-Senate resolution offered by the Senator from
Arkansas.
I yield the floor.
Mr. HUTCHINSON addressed the Chair.
The PRESIDING OFFICER. The Senator from Arkansas.
Mr. HUTCHINSON. Might I inquire as to how much time my side has
remaining?
The PRESIDING OFFICER. One minute 10 seconds. All time remains in
opposition.
Mr. HUTCHINSON. It is my understanding Senator Ashcroft from Missouri
is on the way to the floor to speak in favor of my amendment. I reserve
the final 1 minute and yield the floor to the opponents of the
amendment.
The PRESIDING OFFICER. Who seeks recognition to speak in opposition
to the amendment?
Mr. BINGAMAN. Mr. President, I ask permission to speak for up to 2
minutes in opposition to the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator is recognized.
Mr. BINGAMAN. Mr. President, let me just say this whole issue of
most-favored-nation status is not what the name implies. We have normal
trading relations with well over 100 countries in the world, and as to
each of those countries, we have so-called most-favored-nation trading
status with them.
What we need to maintain with China is a normalized trading situation
which then allows us to deal with the specific problems that the
proponents of this resolution have identified. I agree that there are
major problems in the trade imbalance that we have with China, that
there are human rights abuses in China that are of concern, that there
is missile proliferation that is of concern, and clearly the issue that
is being raised about possible involvement by the Chinese Government in
our elections is of concern. But those are specific issues that should
be dealt with by a rifle-shot approach. We should not try to cut off
our trade activities with a very large economy, such as China, and
hamper the economic opportunities of our own private sector and the job
creation that comes from that in this country through this kind of
device.
So I very much oppose the notion that we should deny most-favored-
nation status to China. I think we should get that issue behind us and
get on to dealing with the more specific issues that do require
attention in regard to our relations with China. I hope in future years
we can do that. It seems like we are caught in a time war. We get to
where we have an annual debate about most-favored-nation status and
that is all we seem to be able to have when it comes to talking about
China, and that is, unfortunately, what is happening again this year.
The PRESIDING OFFICER. Who yields time in opposition to the
amendment?
Mr. McCONNELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. Mr. President, with regard to the amendment of my good
friend from Arkansas, Senator Hutchinson, I, along with a number of
other Senators, were in Hong Kong 10 days ago to watch the turnover of
Hong Kong to the Chinese. I mention Hong Kong because Hong Kong is
really the best indicator of what China is likely to become in the
coming years.
Some people suggest that the People's Republic of China will ruin
Hong Kong. Others suggest that Hong Kong will be the engine that
changes China. I think clearly the latter is most likely to be the
case. Even though the amendment of the Senator from Arkansas
[[Page S7626]]
deals with MFN for China and not MFN for Hong Kong, I think it is
worthy of note that no one in Hong Kong, no one, not the democracy
activists, the businessmen, no one, you can't find anybody in Hong Kong
who thinks terminating MFN for China is a good idea.
I cite, for example, Martin Lee, the person who most of us are
familiar with who is the prodemocracy activist in Hong Kong and the one
the Chinese tend to fear the most and the one who says the greatest
number of things that tend to irritate the regime in Beijing. Martin
Lee is not in favor of terminating MFN for China, because he believes
that the economic engine that is roaring in mainland China is pulling
it inevitably in the direction of democracy and human rights.
So, Mr. President, I hope that the Hutchinson amendment will not be
approved. I think it sends the wrong signal.
Having said that, let me say that nobody that I know is entirely
happy with the internal government in the People's Republic of China. I
might say the same thing about some of the countries that are still
receiving foreign assistance from us. We are not entirely happy with
what is going on in Russia these days. I, for one, am not happy with a
number of things that have happened in Egypt recently, and these are
countries that are foreign aid recipients of the United States.
We are not talking about foreign aid for China; we are talking about
MFN for China. It seems to me it makes no sense, in terms of our
growing relationship with China, to send this kind of message by
terminating the trade status which benefits American business and
benefits reformers in China who, in my judgment, will ultimately bring
about the kind of changes in China that we would all like to see.
Mr. President, how much time remains? We are set for three votes at
10 o'clock, are we not?
The PRESIDING OFFICER. The Senator controls 2 minutes remaining in
opposition. We are set for two rollcall votes at 10 o'clock.
Who seeks time? Two minutes remain for those who desire to speak in
opposition; 1 minute remains for those who seek to speak in support of
the amendment. Who yields time?
Mr. GRASSLEY. Mr. President, I rise to voice my opposition to the
sense-of-the-Senate offered by the Senator from Arkansas. I support the
President's decision to extend most-favored-nation status, or normal
trading relations, to China.
The problems with China on trade, security, and human rights are well
documented. And I won't take the time to repeat them here. But I'll
just say that we are all concerned with China's poor record of
promoting democracy, free enterprise and human rights. I'm especially
concerned with the persecution of Christians in China.
But I think the question comes down to what is the best way to
influence policy within China. Is it more effective to have a policy of
isolationism, where we have virtually no trading relationship with
China? This is what would happen if normal trading relations is
revoked.
Or is it more effective to build a closer relationship with China
through our trade policy? Trade serves to promote free enterprise and
raise the standard of living of the Chinese people. It allows us to
export our principles of liberty and democracy. I believe that the
United States, and the Chinese people, are clearly better off by
strengthening our relationship through trade.
Integrating China into the world community has already paid
dividends. Recognizing that China still has many problems, most people
would agree that significant progress has been made just in the last 10
to 20 years. I believe our economic and diplomatic relations with China
have helped push this progress along.
This is not to say that we shouldn't be tough with China. Retaliatory
measures can be very effective in encouraging further reforms in China.
But retaliation should be targeted and specific.
I recall that last year at this time, USTR announced $2 billion in
sanctions against China for breaching its commitment on intellectual
property rights. Now I'm told by the administration that China has
taken significant strides in cracking down on the pirating of
intellectual property. Firm sanctions targeted at specific behavior can
force change in China.
Revoking our normal trading relations is a blunt, ineffective tool.
It would also hurt American workers, businesses, and consumers. Our $12
billion in annual exports to China would be put at risk, jeopardizing
over 200,000 American jobs. And the increase in tariffs on China's
exports into this county amounts to a stiff tax on American consumers.
The costs of revoking normal trading relations with China--to
American workers and consumers and in terms of our inability to
effectuate change in China--clearly outweigh any perceived benefits. I
find it hard to believe that Beijing will suddenly promote democracy
and human rights because the United States ends its trading
relationship with China.
Engagement is the right policy for encouraging change in China.
Some opponents of MFN are concerned, not with these other important
issues, but with the trading relationship itself. They point to the
United States' expanding trade deficit with China, which last year
amounted to just under $40 billion.
The current negotiations with China on its accession to the World
Trade Organization is an opportunity to address the trade imbalance. We
must get meaningful market access concessions from the Chinese before
they are allowed into the WTO. American products deserve the same
access to the Chinese market as their products enjoy in the United
States.
The stakes are very high. In the agriculture sector, these
negotiations will determine whether China becomes our largest export
market or our biggest competitor. We cannot afford to make the same
mistakes made when Japan entered the GATT in 1945. The United States is
still shut out of the market in many respects. We need a tough, fair
agreement with China.
It's time to move forward in our trading relationship with China.
Let's get beyond this annual debate over trading status and focus on
how we can best improve access to China's market for American workers
and businesses, while improving the lives of the Chinese people by
promoting human rights and serving as an example of democracy.
Mr. GORTON. Mr. President, my colleague from Arkansas, Mr.
Hutchinson, has offered a sense-of-the-Senate amendment today regarding
the President's decision to extend most-favored-nation trading status
to the People's Republic of China for another year. Mr. Hutchinson
believes the President's decision was wrong and would like to see MFN
for China withdrawn. While I share my colleagues concerns about MFN for
China, I will not support his amendment today.
As many of my colleagues know, I have grave reservations about the
United States' policy of engagement with China. The President's
decision to continue to provide China free and open access to the
United States market and the House vote to approve that decision were,
in my opinion, wrong. But, that is water under the bridge. Instead of
arguing against a decision that has already been made, we should be
looking forward to the MFN debate next year.
My State of Washington is on the cutting edge of trade with China. We
do more business with China than virtually any other State in the
Nation and rely on that business for thousands of well-paying jobs.
Despite our successes, the Chinese continue to impose protectionist
trade barriers against Washington State products and play politics with
our exports. My State is not alone in this dilemma.
I firmly believe that the administration's policy of engagement is
failing businesses throughout the United States. The United States
trade deficit with China has now grown to $40 billion and is increasing
every day. This is unacceptable, Mr. President. I challenge my
colleagues to take a closer look at our policy of engagement with China
and urge them to join me in fighting for a tougher trade policy next
year. If we condition MFN on significant trade concessions from China
next year, I am convinced that China will back down.
Unless we stand firm against Chinese protectionism and condition MFN
and access to the United States market on trade concessions from China,
we will never reap the potential benefits of truly free trade with the
world's largest emerging economy.
[[Page S7627]]
So, Mr. President, I will vote against this amendment today, but look
forward to working closely with my colleagues next year to change the
way the United States does business with China.
Mr. ABRAHAM. Mr. President, I rise to express my opposition to the
sense of the Senate resolution opposing most favored nation [MFN]
status to the People's Republic of China.
Mr. President, I hope everyone in this Chamber recognizes that
terrible things continue to go on inside China. Religious persecution,
political repression, and coercive family planning are only the most
visible Chinese Government policies that violate universal standards of
human decency.
In response to these serious problems, some of my colleagues have
called for an end to China's most-favored-nation trading status with
the United States.
But I believe that that is the wrong approach. I support a 1-year
extension of MFN for China. Why? First, because it is the best policy
for American consumers. Those consumers will have a wider choice of
affordable goods with MFN than without it. To revoke MFN would be to
increase tariffs on goods purchased by the American people. It would
amount to a tax hike, and I am not in favor of tax hikes, particularly
those imposed on the basis of another government's behavior.
Second, I am convinced that revoking MFN would target the wrong
parties for punishment. We should keep in mind that it is not the
people of China with whom we have a quarrel; it is their Government.
Trade and United States investment in China have a positive effect in
providing more opportunities for average Chinese citizens. According to
Heritage Foundation China expert Stephen J. Yates, in China,
``employees at U.S. firms earn higher wages and are free to choose
where to live, what to eat, and how to educate and care for their
children. This real and measurable expansion of freedom does not
require waiting for middle-class civil society to emerge in China; it
is taking place now and should be encouraged.''
Third, I am convinced that terminating MFN would be damaging to the
people of Hong Kong, recently returned to Chinese rule.
All of us in Congress are concerned that China may violate the 1984
Sino-British Joint Declaration and squash freedom, both economic and
political. However, in formulating United States policy with regard to
Hong Kong, we must remember that repealing MFN for China will hit Hong
Kong hard. Former Hong Kong Governor Chris Patten has said that
rescinding MFN would devastate Hong Kong's economy.
Mr. President, I have another important reason for supporting a 1-
year extension of MFN: American jobs. Using the Commerce Department's
rules of thumb, United States exports to China account for roughly
200,000 American jobs. Should we stop doing business with China, I have
no doubt but that other nations will step in to take our place, and to
take jobs now occupied by Americans both here and in China.
Thus, by revoking MFN, we would not significantly punish the Chinese
Government, but we would visit hardship on our own workers.
This is not to say that I believe we must stand idly by while human
rights abuses continue in the People's Republic of China. But, rather
than eliminate jobs and stifle growth through increased tariffs, in my
view it would be better to take actions showing our displeasure
directly with the Chinese Government.
That is why I have introduced S. 810, the China Sanctions and Human
Rights Advancement Act.''
This legislation would show our disapproval of Chinese Government
actions, while at the same time encouraging worthwhile economic and
cultural exchanges; exchanges that can lead to positive change in
China.
It would:
Prohibit issuance of United States visas to Chinese Government
officials who implement and enforce Chinese laws and directives that
persecute religious groups.
Prohibit direct and indirect United States-taxpayer financed foreign
aid for China.
Require the United States Government to publish a list of Chinese
companies backed by the People's Liberation Army and operating in the
United States. This would allow informed consumers and other purchasers
to choose whether they wish to do business with such companies.
Prohibit Polytechnologies Inc., known as POLY, and NORINCO, the China
North Industries Group--two Chinese companies whose officials have been
indicted for attempting to smuggle arms into the United States--from
exporting to the United States, or maintaining a physical presence here
for 1 year.
In my judgment, the combination of these sanctions and a 1-year
extension of MFN offers the best approach to change the behavior of the
Chinese Government. These measures will direct punishment where it
belongs, with the Chinese Government, not the Chinese people.
I understand my colleague from Arkansas' frustration with current
Chinese Government policies. I commend his desire to effect those
policies in a positive way. But it is my firm belief that we serve the
cause of liberty best when we serve it most consistently. By
maintaining free trade, while showing our disapproval of tyrannical
practices, we stay true to our principles. We make it possible for
liberty to spread while maintaining our own economic freedom intact.
I urge my colleagues to vote against the sense of the Senate
resolution, to support a 1-year extension of MFN, and also to join me
in pursuing more positive ways by which to influence Chinese Government
policy.
Mr. KEMPTHORNE. Mr. President, I oppose the amendment offered by
Senator Hutchinson. The sense-of-the-Senate resolution now before the
Senate, even if it passed, will not end China's most-favored-trading
status with the United States. The House of Representatives has voted
to retain MFN status for China. Our current trading status with China
will continue and based on all of the evidence I have seen, I believe
this is the correct policy.
We must not mistake the decision to maintain normal trading status
with China with acceptance or approval of China's abysmal policies
regarding respect for human rights, religious freedom, nuclear
proliferation, or respect for intellectual property rights.
I believe that by staying engaged in China, which the extension of
MFN provides, is the best way to promote respect for human right, free
enterprise, and democracy in the most populous country in the world.
American businesses in China are advocates of human rights on a daily
basis. By staying engaged in China, we can hear the cries for freedom
of the Chinese people. If we as Americans cut ourselves off from China,
who will hear these pleas for reform and progress and who else will be
able to press China to respect human rights?
It is important to note that leading advocates of reform in China,
such as Martin Lee in Hong Kong, are strong advocates for the extension
of MFN to China. We must continue to bombard the Chinese with
capitalism. But if we isolate China, as has been suggested, and cut off
ties to the free world, that's when you condemn the persecuted and
their cries are not heard. Tiananmen Square was a prodemocracy movement
by young Chinese because of their exposure to free enterprise and
capitalism. Exposure to democracy, not isolation from it, will allow
change to come from within.
I have seen first hand the value of talking with Chinese leaders
about human rights. Last year I traveled to China and I raised the
issue of human rights violations with many of the officials I spoke
with, including President Jiang Zemin. Pursuing trade with China is
important so we can expose the Chinese people to the free enterprise
system, capitalism, and other important concepts of our free and
democratic society. Just like I did with my meetings with Chinese
leaders, each sale, each meeting, each phone call is an opportunity to
make our case for respecting human rights. Engaging the Chinese, not
isolating them, is a faster way to achieve the reforms we all want.
I understand that many well-meaning groups oppose the extension of
MFN to China because of China policies which suppress religious
freedoms. Many Idahoans have raised this issue with me but I would like
to quote the words of Rev. Nelson E. Graham, the
[[Page S7628]]
son of Dr. Billy Graham, regarding his work in China, ``In the years we
have been traveling to China, we have seen a definite improvement in
the area of religious freedom for China's Protestant believers, and I
believe it is a mistake to focus on the negatives and not reinforce the
positive strides China has made in this area.''
I also know many folks are concerned about the findings coming out of
the hearings by the Governmental Affairs Committee regarding China's
efforts to influence elections in the United States. The timing of this
vote coincides with hearings by the Senate Government Affairs Committee
where both Democrats and Republicans conclude that China has
participated in efforts to directly and indirectly influence elections
in the United States.
This is of enormous concern to me because of its threat to free and
fair elections in our country without foreign influence. This should be
thoroughly investigated by Congress and by Federal law enforcement
agencies. Americans who may have assisted in espionage by China should
be prosecuted to the fullest extent of the law. If the hearings and
investigations prove the Government of China did in fact attempt to
influence elections, this issue must be immediately and directly
confronted by diplomatic and international sanctions so that
perpetrators are brought to justice and that it never, ever happens
again.
But a vote on MFN for China is not a vote on the issue of Chinese
espionage. A vote on MFN for China is a vote about what is best for the
interests of the United States and its citizens.
Regarding the benefits of extending MFN to China, Governor Batt of
Idaho states, ``There are valid concerns about China's human rights
record; however, I think that to severely curtail trade with the U.S.
would move us backward on this issue, not forward.'' Likewise, a recent
editorial in the Idaho Statesman endorsing the extension of MFN for
China states, ``The surest, long-term policy for ensuring a better life
for people here and abroad is to promote free markets and friendly
trading policies.''
I believe we must do what is best for ourselves and what is most
likely to promote progress toward freedom and democracy for the people
of China and I therefore support the extension of most-favored-nation
trading status for China.
Mr. DURBIN. Mr. President, I rise in opposition to the amendment. I
have serious concerns about our current trade relations with China.
Last year, our merchandise trade deficit with China grew to $39.5
billion, which is an increase of more than 213 percent over the past 5
years. This year, our trade deficit with China is expected to reach $50
billion.
It is clear that, in many cases, goods from the United States are
locked out of China's markets, while goods from China are allowed to
enter United States markets at nondiscriminatory tariff rates. Last
year, the United States imported $51.5 billion in goods from China,
while China imported only $12 billion in goods from the United States.
More than one-third of China's exports are sold to the United States,
while only 2 percent of total United States exports are sold to China.
The piracy of intellectual property rights in China cost the United
States economy $2.3 billion last year. It is estimated that as much as
97 percent of the entertainment software sold in China is counterfeit,
and pirated goods produced in China have been found in Asia, the Middle
East, Europe, and North and South America.
At the same time, the Government of China continues to sell weapons
of mass destruction, and abuse the human rights of its citizens. China
has sold missiles, missile technology, and chemical and biological
weapons to countries such as Iran, Libya, Syria, and Iraq. These
weapons threaten U.S. military personnel overseas, and our allies and
friends around the world. And the State Department report on human
rights in China describes widespread human rights abuses which violate
internationally accepted standards. The report states that all public
dissent against the Communist party and the Government of China has
been silenced by intimidation, exile, prison terms, and other forms of
detention.
The legislation which the Senate is considering today is not the
appropriate vehicle for this amendment. The Trade Act of 1974 already
provides a thorough mechanism for the consideration of MFN renewal for
nonmarket economies such as China. This amendment is being offered
without consideration by any committee of the Senate, and with limited
opportunity for debate on the Senate floor.
In addition, this amendment would have no legal effect. The decision
to renew MFN for China has already been made for this year. The
President renewed MFN for China in May, and the House of
Representatives rejected a joint resolution of disapproval. This
amendment would have no impact on that decision.
Mr. President, the Government of China should not expect the United
States to continue to provide nondiscriminatory tariff rates to goods
from China, if China continues to restrict the access of United States
products to markets in China. If the renewal of MFN for China is
considered by the Senate next year under the Trade Act, I may be
compelled to continue to oppose MFN for China unless there is a
substantial improvement in China's trade practices, proliferation
policies, and respect for human rights.
Mr. McCONNELL. I suggest the absence of a quorum, with the time to be
equally charged to both sides.
Mr. HUTCHINSON addressed the Chair.
The PRESIDING OFFICER. The Senator from Arkansas.
Mr. HUTCHINSON. Mr. President, it is my understanding that Senator
Ashcroft is on his way to speak in favor of the amendment.
Mr. McCONNELL. I withdraw my request.
The PRESIDING OFFICER. Who yields time?
Mr. HUTCHINSON. Mr. President, it is my understanding I have 1 minute
10 seconds. I yield the remaining time to the distinguished Senator
from Missouri.
The PRESIDING OFFICER. The Senator from Missouri is recognized for
the remaining time.
Mr. ASHCROFT. Mr. President, I thank you very much, and I thank the
Senator from Arkansas, not only for his courtesy in this matter, but
for his leadership in this matter.
It is apparent, the House of Representatives having voted in favor of
most-favored-nation status for China, that anything we do by expressing
ourselves in the Senate won't have a real impact in terms of denying
that standing to China. But it is essential that we register the
displeasure and dissatisfaction of this body with the conduct of China
in three basic categories that I believe are an appropriate standard by
which we would measure our relationship with a variety of nations.
The first of those categories is gross trade inequities that China
and the United States have. Some have said that most-favored-nation
status is just general trading status. As it applies to China, it is
most-favored status. We have a wide variety of other countries whose
trading relationships with the United States are nearly on a parallel
basis of balance. Not so with China.
Second is that the military buildup in China threatens peace and
stability, not only in the Pacific rim but around the world.
And the third is that human rights abuses in China should be
something we mention very clearly and we should express with deep
conviction.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. ASHCROFT. I thank the Chair.
The PRESIDING OFFICER. Is there anybody who wishes to speak in
opposition?
Mr. McCONNELL. Mr. President, I ask unanimous consent that there be 2
minutes of debate equally divided prior to each vote in the series
following the first vote, which I gather will be momentarily.
The PRESIDING OFFICER. Without objection, it is so ordered.
Does anybody desire to speak in opposition to the amendment?
Mr. BINGAMAN addressed the Chair.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, let me say one more word about the
amendment with regard to most-favored-nation status for China.
My own strong impression is that with regard to Russia and most of
the other major nations we deal with, we
[[Page S7629]]
have a series of concerns that we deal with on a concern-by-concern
basis, a case-by-case basis. And that is exactly what we should do.
In the case of China, unfortunately, our debate has gotten to where
it is sort of all or nothing, we are either going to have most-favored-
nation status or we are not. And that is a very blunt instrument with
which to try to deal with a very important and complex relationship. I
believe it would be a great mistake for us to deny most-favored-nation
status to China.
I hope very much the amendment is rejected.
The PRESIDING OFFICER (Mr. Smith of Oregon). All time has expired.
Vote On Amendment No. 896
The PRESIDING OFFICER. The question is on agreeing to amendment No.
896 offered by the Senator from New Mexico, Senator Bingaman. The yeas
and nays have been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Montana [Mr. Burns] is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 38, nays 61, as follows:
[Rollcall Vote No. 183 Leg.]
YEAS--38
Akaka
Baucus
Biden
Bingaman
Bond
Boxer
Breaux
Bumpers
Byrd
Chafee
Cleland
Conrad
Daschle
Dodd
Dorgan
Durbin
Feingold
Feinstein
Harkin
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Landrieu
Lautenberg
Leahy
Levin
Lugar
Moseley-Braun
Moynihan
Murray
Reed
Roberts
Sarbanes
Wellstone
Wyden
NAYS--61
Abraham
Allard
Ashcroft
Bennett
Brownback
Bryan
Campbell
Coats
Cochran
Collins
Coverdell
Craig
D'Amato
DeWine
Domenici
Enzi
Faircloth
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Kempthorne
Kohl
Kyl
Lieberman
Lott
Mack
McCain
McConnell
Mikulski
Murkowski
Nickles
Reid
Robb
Rockefeller
Roth
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
NOT VOTING--1
Burns
The amendment (No. 896) was rejected.
Mr. McCONNELL. Mr. President, I move to reconsider the vote.
Mr. LEAHY. I move to reconsider the vote.
The motion to lay on the table was agreed to.
Mr. McCONNELL. I ask unanimous consent that the next two votes be
limited to 10 minutes in length each.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. I ask unanimous consent at 11:30 the Senate proceed to
consideration of Calendar 112, S. 1023, the Treasury, Postal
appropriations bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 890
The PRESIDING OFFICER. There are 2 minutes of debate equally divided
on the amendment of the Senator from Arkansas.
The Senator from Arkansas.
Mr. HUTCHINSON. I ask unanimous consent Senator Feingold be added as
a cosponsor to my bill
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HUTCHINSON. Mr. President, Members can see the beautiful tie I am
wearing today. It was manufactured in Little Rock, AR. It is a family
business. The owner of the family business that manufactured this tie
told me that the greatest threat to his economic viability is the
unfair trade practices of Communist China.
I ask you to vote for this sense-of-the-Senate resolution. Suffering
is not a term of economics. You cannot add it up, you cannot deduct it,
you cannot redeem it in dollars.
Arguments for MFN always come down to dollars and cents. But to the
average Chinese person, you can't build a wall, you can't separate the
economics from the human rights violations that are going on. A product
of slave labor is inexorably tied and linked to the shackled hands that
made it.
I ask my colleagues, think about the enslaved, think about the
oppressed, think about the imprisoned today, think about that voice of
freedom that has been silenced, think about that voice of freedom in
prison today, and speak for that one who cannot speak for himself.
Please vote for this amendment.
Mr. MURKOWSKI. Mr. President, I urge my colleagues to vote against
the pending sense-of-the-Senate resolu- tion that China's most-favored-
nation trading status should be revoked. This is the worst of all
possible alternatives. Mr. President, you will recall that Teddy
Roosevelt said speak softly and carry a big stick, well this resolution
is just the opposite--it is speaking loudly, and carrying no stick. The
traditional resolution of disapproval for MFN has already been defeated
in the House of Representatives. So this vote has no force. In my view,
that is the worst possible way to send a message to China.
Much has been written that this year the debate over MFN is
different, that the issues have changed, but I do not think the
fundamental choice has changed: Do we choose engagement--striving to
bring China into the international community on terms we support--or
isolation--allowing China to enter the international arena on terms
beyond our control. I think the answer is obvious.
MFN should be renewed unconditionally not because it is a reward to
the Government of China, but because revocation of MFN hurts the very
people we want to help. We have many grave concerns with China ranging
from the treatment of dissidents and Christians to weapons
proliferation. But severing economic ties is not the right tool to
address these issues. Revoking MFN only succeeds in hurting Americans,
hurting reformers, and hurting the people of Hong Kong and Taiwan.
But what I have to say about linking MFN to Hong Kong's future is far
less important than what the people of Hong Kong themselves have told
lawmakers. Martin Lee, Hong Kong's leading democrat described revoking
MFN as punishing Hong Kong. Miss Denise Yue, Hong Kong's Secretary for
Trade and Industry, best described the threat of MFN revocation as
double jeopardy, ``[K]nowing that if China takes away their freedoms,
the United States will respond by taking away their jobs . . .''
Similarly, Hong Kong's Chief Executive designee Tung Chee Hwa has
stressed that unconditional renewal of MFN is in the best interests of
Hong Kong.
So I think we should listen very carefully to what those who live and
work in Hong Kong have said, rather than pretending we know better.
This also applies to the Chinese on the other side of the strait--the
people of Taiwan. This year, as in past years, the Government of Taiwan
is quietly supporting the renewal of normal trading ties. One has only
to look at investment in Southern China to understand that cutting
economic ties between the United States and the People's Republic of
China will have a significant and negative economic impact on Taiwan.
Taiwan companies and individuals have invested more than $30 billion in
over 30,000 enterprises.
My colleagues should also take note that the board of the United
States-Republic of China (Taiwan) Business Council, a collection of
American companies doing business in Taiwan, unanimously adopted a
resolution supporting renewal of MFN. The council noted that ``renewing
MFN for China is good for the United States in its business with China,
with Taiwan, and with Hong Kong.''
Supporters of Taiwan, and I put myself firmly in that category,
should also look at the history of the United States relationship with
Taiwan, before rejecting the claim that economic liberalization leads
to political liberalization.
This United States commitment to the people of Taiwan was
indispensable to the development of the economic and democratic miracle
that is Taiwan today. This was not always the case. Martial law lasted
from 1950 to 1987. During that period, individual rights and freedoms
were stifled and political opposition was silenced. Yet, today, once
imprisoned opposition leaders such as Peng Ming-min have been released.
In fact, Peng was the DPP's
[[Page S7630]]
Presidential candidate in last year's March election.
During this less than free and open period, the United States stood
by Taiwan, maintained normal trading relations, and gave the Republic
of China economic aid. Most historians agree that United States aid and
investment served to enhance market-oriented economic reforms that
contributed to rising living standards and expanded economic freedoms,
and injected a liberalizing influence into Taiwanese society. But the
transition to an open, democratic society took 50 years on an island of
20 million, and was the first democracy in 5,000 years of Chinese
history.
Of course, Taiwan's success also depended on a leadership decision to
reform the political structure. We certainly cannot predict what
direction the People's Republic of China leadership will take the 1.2
billion mainland Chinese, but we can follow the formula that has worked
before.
Hong Kong's and Taiwan's freedom and power as a model for China's
future evolution rests on continued economic vibrancy. U.S. policy
should strive to maintain confidence, not destroy it.
I hope that next year we can have a more constructive debate over
whether this annual exercise should be scrapped in favor of a deal to
grant permanent MFN status for China if they make the necessary
commercial concessions to enter the World Trade Organization.
The yearly exercise of public handwringing over MFN renewal has
proven a liability to a coherent China policy. MFN was never intended
to serve as a weapon of punishment for every problem we have with
nonmarket economies. Its original purpose of guaranteeing freedom of
emigration from the former Soviet Union has been grossly distorted, and
I would say without achieving any positive results. But there is a time
for everything, and unfortunately now is not the time to push permanent
MFN.
Integrating China into the international community poses great risks
and equally great opportunities. If we continue down the road of
inconsistency and fail to deal honestly with the Chinese, in concert
with our allies, and based on a clear understanding of the United
States national interest, we will have failed the sacred trust of the
Nation.
The United States-China relationship is pivotal to the continued
security and prosperity of Asia and America. We must ground that
relationship in the solid foundation of the U.S. national interest--
ensuring stability and security in Asia to limit the potential for
conflict and tension and to provide fertile soil for democracy and
economic prosperity. We must also work together with our Asian allies
to design and raise its frame; their future is as much at stake as our
own.
Mr. McCONNELL. Mr. President, let me say that no one in Hong Kong is
in favor of terminating MFN to China--not the democrats, not the
reformers, no one. I don't think there is any chance that China will
change without continued economic engagement.
Therefore, Mr. President, I hope that the Hutchinson amendment will
not be approved.
Mr. SARBANES. Will the Senator yield for a question?
The PRESIDING OFFICER. Does the Senator from Kentucky yield time?
Mr. McCONNELL. I yield for a question.
Mr. SARBANES. My understanding is that amendment does not terminate
MFN.
Mr. McCONNELL. It is a sense-of-the-Senate amendment.
Mr. SARBANES. It's virtual reality. I might vote for an amendment on
substance, but this doesn't do that; is that correct?
Mr. McCONNELL. That is correct, I say to the Senator from Maryland.
Mr. BAUCUS. Mr. President, I rise in opposition to the Hutchinson
amendment, which is a sense-of-the-Senate resolution stating that we
should revoke China's most-favored-nation status.
MFN status should not be a political issue. It is nothing more than
the normal trade status we give virtually all our trade partners. But
if we are to consider MFN a political issue, a look at the facts shows
that MFN for China is legally right; it is morally right; and it is
right for our American national interest.
Why? First, and most simply, renewal of MFN status is right under our
law.
The Jackson-Vanik law has governed renewal of MFN status for non-
market economies since 1974. It conditions MFN on two things--the
existence of a bilateral commercial agreement and freedom of
emigration. And under the law, the President's choice is clear. We have
a bilateral trade agreement signed with China in 1980. And China allows
free emigration. Therefore, as a legal matter, the President was right
to renew MFN and we should back him up.
Second, renewing MFN status is morally right.
At times people in Washington are tempted to see a vote to revoke MFN
as something which might promote human rights in China. That is a fine
sentiment. Senator Hutchinson's remarks indicate that human rights is
the central reason he wants to revoke MFN status. But while those who
advocate revoking MFN status to promote human rights are well-
intentioned, if we actually went ahead and revoked MFN status we would
see the opposite of what they intend.
To revoke MFN status, very simply, is to raise tariffs from Uruguay
round to Smoot-Hawley levels. To take one example, that means raising
tariffs on toys and stuffed animals from zero to 70 percent overnight.
That hits one of China's major exports to the United States, at about
$6 billion worth last year. And who makes them? On the whole, young
Chinese working people trying to improve their lives.
What will happen if we revoke MFN status? The result should be
obvious. Millions of innocent Chinese workers in toy factories and
other walks of life would lose their jobs. The Chinese Government would
certainly be hurt, but the lives of these workers would be ruined.
So, far from improving human rights, revoking China's MFN status
would cause immense human suffering. And as the Senator said, we would
be sending the Chinese people a message with his resolution. But it
would not be a message of support--it would be a threat to put them out
of work.
And of course, that would discredit our human rights efforts with the
Chinese public. No rational person can expect anyone in China to thank
us for harming their economy and inflicting misery on them, their
families, or their fellow citizens.
By contrast, if human rights is our motivation, MFN is an
irreplaceable part of any effective policy. As the Democracy Wall
activist Wang Xizhe--until recently a political prisoner--says:
* * * the goal of exerting effective, long-term influence
over China can only be achieved by maintaining the broadest
possible contacts with China, on the foundation of MFN, thus
causing China to enter further into the global family and to
accept globally practiced standards of behavior.
A long-term policy may emotionally be hard to accept. There are real
human rights problems in China. About 3,000 political prisoners remain
in jail.
Strict limits on freedom of assembly. Very severe policies in Tibet.
The Senator from Arkansas is right to be concerned about these issues.
We would like to solve them all in a day. But the fact is, that won't
happen. This resolution will not help us solve these problems. Only by
staying involved, through trade and human exchange as well as
diplomacy, can we hope to make a difference.
Finally, we are Americans first and we are responsible to the
American public on our policy decisions. And renewing MFN status is
right for our own national interest.
And let me give perhaps the most important example. I visited Seoul,
South Korea, and Pyongyang, North Korea, during the last Memorial Day
recess. And I can say from firsthand experience that we have a very
complex, very dangerous situation at hand in the Korean Peninsula.
North Korea is a politically isolated government, with very severe
food and economic problems, and a large and well-armed military
machine. We just considered an amendment addressing the most recent
provocation by North Korea. We have a commitment to joint defense of
South Korea, and 37,000 men and women permanently on the line just a
few miles south of the DMZ.
I spoke with their Supreme Commander, General Tilelli. I met with
[[Page S7631]]
some of the enlisted men. I got a threat briefing from a young Army
major from Wolf Point, MT.
If you go there, you know how seriously these men and women take the
responsibility we have given them. You see it in their faces. It is a
very dangerous place. And we here in the Senate owe it to them to
pursue a very serious, responsible policy that can keep the peace, and
ensure a swift victory if, God forbid, there is any conflict.
Chinese cooperation is absolutely essential to that. China is the
largest country, with the most powerful army, in the region. It is
probably the only country that can help make sure the North Korean
Government understands the realities on the peninsula. It has played a
critically important role in restraining North Korean military
aggression and in preventing nuclear proliferation. And deliberately
antagonizing the Chinese Government and armed services by continually
threatening to revoke MFN will not help at all.
You can go on from there to many other issues. Take trade. We need a
more fair, more reciprocal, better trade relationship with China. We
have an opportunity to do that this year by bringing China into the
World Trade Organization on a commercially acceptable basis. Cutting
off MFN status would put us on the opposite track--it would balance
trade at close to zero, cutting off jobs and prosperity here as well as
in China.
And as we look into the next century, we must work to slow global
warming, ocean pollution, and loss of biodiversity. To take just one
statistic, in the next 20 years, world greenhouse emissions will grow
from 6 to 9 trillion tons a year. Fully 1 trillion of the additional 3
trillion tons will come from China.
We have a chance now to moderate that trend. And a political crisis
caused by revoking MFN would make that mutually beneficial effort very
difficult.
Our own common sense should tell us China is a key player on all
these issues. Wantonly picking a fight with the world's largest country
by revoking MFN status, when only six countries in the world lack MFN
status and we give 151 countries and territories tariff rates better
than MFN, would be foolish.
And our allies tell us the same thing. During my trip last May, I met
top national security officials in the South Korean Government. I spoke
with senior officers of the Japanese Self-Defense Forces. And I met
with Chinese dissidents and democratic political leaders in Hong Kong.
These are our friends. Our strategic allies. People we work with
every day. People who wish us well. Not a single one of them supported
revoking MFN status. Not a single one.
The right course to take is very clear. We should reject the
Hutchinson amendment.
Thank you, Mr. President.
The PRESIDING OFFICER. All time has expired on the amendment.
The question is on agreeing to the amendment of the Senator from
Arkansas.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Montana [Mr. Burns] is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 22, nays 77, as follows:
[Rollcall Vote No. 184 Leg.]
YEAS--22
Ashcroft
Campbell
Coats
Collins
D'Amato
DeWine
Faircloth
Feingold
Helms
Hollings
Hutchinson
Inhofe
Kyl
Leahy
Levin
Mack
Sessions
Smith (NH)
Snowe
Thompson
Torricelli
Wellstone
NAYS--77
Abraham
Akaka
Allard
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Byrd
Chafee
Cleland
Cochran
Conrad
Coverdell
Craig
Daschle
Dodd
Domenici
Dorgan
Durbin
Enzi
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inouye
Jeffords
Johnson
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Landrieu
Lautenberg
Lieberman
Lott
Lugar
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Shelby
Smith (OR)
Specter
Stevens
Thomas
Thurmond
Warner
Wyden
NOT VOTING--1
Burns
So the amendment (No. 890) was rejected.
Indonesia Provisions
Mr. FEINGOLD. Mr. President, as someone gravely concerned with the
human rights situation in East Timor, I am pleased to see strong
language regarding military sales to Indonesia included in the foreign
operations appropriations. I would like to commend the managers of the
bill, the Senator from Kentucky [Mr. McConnell] and the Senator from
Vermont [Mr. Leahy], for including this provision.
The bill states that any agreement to sell, license for export, or
transfer lethal military equipment or helicopters to Indonesia must
include a statement that these items will not be used in East Timor.
I am pleased with this language because it is important to remind
Indonesia that Congress is still very concerned about the situation in
East Timor. The May 29 Indonesian elections spurred new violence in
East Timor. In the weeks surrounding the voting, fighting between
Indonesian troops and East Timorese rebels resulted in dozens of
casualties on both sides. These deaths were only the latest in the
troubled region, which has been occupied by Indonesia since 1975. Human
rights monitors estimate that as many as 200,000 East Timorese have
died since the occupation.
Mr. President, as we all know, the Indonesian Government announced
last month that it was no longer interested in participating in IMET or
purchasing F-16 fighters. Congress should not relax our scrutiny of
Indonesia's human rights practices and policies in East Timor just
because these high-profile deals have been canceled.
Human rights organizations have expressed concerns that helicopters
may be used against civilians in East Timor. Thus it is important to
ensure that any such hardware provided by the United States is not used
for internal repression. Certainly the answer to the East Timor problem
does not lie in further arming the Indonesian military and police
forces. Thus I am also pleased that the administration has reaffirmed
its existing policy of precluding the sale to Indonesia of small arms,
riot control equipment, and armored personnel carriers.
The bill's provision strengthens this policy, reflecting Congress'
continued concerns.
LIBYA
Ms. MIKULSKI. Mr. President, I am proud to cosponsor the Lautenberg
amendment to cut foreign aid to any country that violates U.N.
sanctions against Libya. You cannot seek to undermine important
policies of the United States and expect to receive economic
assistance.
The international community imposed sanctions on Libya because of
their failure to extradite their intelligence agents who were indicted
for the bombing of Pan Am 103 over Lockerbie, Scotland. This one act of
terrorism cost the lives of 270 people.
Libya provides sanctuary to their murderers. Yet Egypt--which
receives billions of dollars of United States aid--has allowed Libyan
airlines to land on their soil. They also attempted to weaken U.N.
sanctions and even to build a free trade zone with Libya.
The families of those murdered on Pan Am 103 need no reminder of why
we have sanctions on Libya. They live with this tragedy every day of
their lives. Seven people from Maryland died in this tragedy. They were
Michael Bernstein, Jay Kingham, Karen Noonan, Ann Lindsey Otenasek,
Lousie Rogers, Miriam Wolf, and Jordy Williams.
They were so young. They were college students, a young Army
lieutenant, a businessman and a lawyer. They were sons, daughters, and
fathers. We swore that we would never forget them. We would improve
airline safety, we would fight terrorism--and most importantly, we
would seek justice.
One of the victims, Michael Bernstein, was a renowned Nazi hunter
[[Page S7632]]
working for the Justice Department. Throughout his life, he sought
justice for the victims of the Holocaust. How tragic that his family
has not yet had justice.
His wife continues to seek justice. I ask unanimous consent that
Stephenie Bernstein's letter to the Egyptian Ambassador be printed in
the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Bethesda, MD,
July 16, 1997.
Ambassador Ahmed Maher El-Sayed,
Embassy of Egypt,
Washington, DC.
Dear Mr. Ambassador: During the last few years I have
expressed my views to you, both in writing and in a meeting
with you at the embassy, about Egypt's position on the
Lockerbie bombing. I am writing now to express my concern to
you about the disturbing events which took place last week at
the United Nations Security Council during the discussions on
renewing the sanctions imposed on Libya for its refusal to
turn over the suspects wanted in the bombing. As you may
remember, my husband, Michael S. Bernstein, was one of the
270 people murdered.
To learn that Egypt, an ally of the United States,
requested measures leading to removal of the sanctions
against Libya is appalling. The request made by Egypt to
convene a special meeting of the Security Council to consider
outlandish proposals such as trying the suspects in a neutral
country, trying them before Scottish judges in The Hague, or
establishing a special court to try the cases is not the
behavior of a country which is a friend of the United States,
189 of whose citizens were murdered in the Lockerbie
disaster.
The suspects wanted in this heinous crime of mass murder
have been indicted by the United States and Scotland. The
only acceptable locations for their trial are in the
countries which brought the indictments against them. Over
the years your country, a leader in the Arab world, has
repeatedly promoted what Ambassador Nabil Elaraby called last
week ``alternative venues'' for a trial. He referred to the
suffering of ``the innocent people of Libya, the innocent
people of neighboring countries.'' Pointedly, the Ambassador
ignored the continuous suffering of those whose loved ones
were so brutally murdered. The way to end the inconvenience
posed by the sanctions for Libya and its neighbors is for the
suspects to be turned over for trial in either the United
States or Scotland.
Egypt's misguided efforts last week and in the years after
the murders have unfortunately undermined the quest for
justice, and given hope to the Libyans and others who sponsor
terrorism that their murderous acts will go unpunished. When
Libya's U.N. ambassador can say, as he did during last week's
debate that ``we can from now on behave as if these sanctions
were not there,'' he has been given hope by Egypt that
something short of full compliance with basic principles of
law and decency will extricate his country from the troubles
which its leader has brought upon his people.
I am appalled that my government continues to give billions
of dollars to a country which has so openly sought to
undermine international law. Please be assured that other
family members of those murdered in the Lockerbie bombing and
I will work tirelessly to see that U.S. aid to Egypt does not
continue at the present level.
On August 18, 1994, you wrote me that Egypt's position on
the Lockerbie bombing is based on ``The total respect and
adherence to the U.N. resolutions concerning Libya.'' The
actions taken by Egypt last week demonstrated a complete lack
of regard for the U.N. resolutions, for the family members of
those murdered, and lastly for the United States.
Sincerely,
Stephanie L. Bernstein.
Ms. MIKULSKI. Mr. President, the Senate chose to reinstate the
earmark for aid to Egypt. They cannot assume that we will continue to
do this unless they become partners in the fight against terrorism.
China MFN Renewal and Proliferation Violations
Mr. BIDEN. Mr. President, I want to explain why I voted against the
amendment offered by the Senator from Arkansas, [Mr. Hutchinson]
calling for a revocation of China's most-favored-nation trading status.
Revoking China's nondiscriminatory trading status is not a silver
bullet we can fire to address our many legitimate concerns with China.
MFN is ill-suited to carry single-handedly the burdens of our complex
and multifaceted relationship.
Yet, simply extending China's most-favored-nation status does little
to advance our interests with China. Moreover, it does nothing to
address those areas where China's conduct is inconsistent with
international norms or in violation of their bilateral commitments.
In short Mr. President, engagement with China is not a policy, it is
just a means to an end. It is the content of the engagement that
matters.
In the area of nonproliferation, for all of our engagement, China's
conduct clearly remains unacceptable.
Just last May, the State Department belatedly imposed sanctions on
two key Chinese chemical firms--Nanjing Chemical Industries Group and
Jiangsu Yongli Chemical Engineering and Technology Import Export
Corp.--that knowingly and materially contributed to Iran's chemical
weapons program.
If this case were the lone exception, it would still be troubling.
Unfortunately, it appears to be the norm.
China has knowingly aided the development of weapons of mass
destruction, and the means to deliver them, in irresponsible states or
in countries located in unstable regions of the world. China has
provided nuclear technology, cruise missiles, and ballistic missile
technology to Iran. China has also exported M-11 missiles--which can be
equipped with nuclear warheads--and missile production know-how to
Pakistan.
These exports appear to be part of a deliberate government policy
that traces its roots to the ancient Chinese strategy of balancing one
barbarian off against another, and we may be one of the barbarians
Beijing has in mind.
A critical objective of our relationship with China must be to
convince Beijing not only to sign up to international nonproliferation
regimes, but to follow through on its commitments.
In general, we should: stick to incentives and penalties we are
prepared to deliver; act multilaterally, where possible, to avoid
having our initiatives undercut; and replace our once-a-year debate on
MFN with a sustained, high-level commitment to improving our overall
relationship.
I hope that diplomatic pressure, international suasion, and targeted
sanctions will change Beijing's attitude toward nonproliferation.
Chinese compliance with international regimes appears to improve when
they are convinced that officials at the highest levels of the U.S.
Government are scrutinizing their behavior.
But my patience is not limitless.
My vote today should not be interpreted as an expression of my
satisfaction with China's behavior or the administration's policy of
engagement. Moreover, it should not be viewed as an indication of how I
might vote when MFN comes up for renewal next year.
If China fails to clean up its act, it may leave me no choice but to
vote to revoke MFN. Sending a strong message--knowing full well that it
won't miraculously bring about positive changes in China--may prove
preferable to doing nothing while China makes the world a more
dangerous place.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. Mr. President, I ask unanimous consent that Senators
McCain and Murray be added as cosponsors to amendment No. 892.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. I also ask unanimous consent that Senator Brownback be
added as a cosponsor to Senator Smith's amendment numbered 889.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. Also I believe we do not have the yeas and nays on
final passage.
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Amendment No. 915, as Modified
Mr. LEAHY. Mr. President, I ask consent to modify amendment 915. I
send the corrections to the desk.
The PRESIDING OFFICER. The amendment is so modified.
The amendment (No. 915), as modified, is as follows:
On page 43, line 3 after the word ``(IAEA),'' insert the
following new section:
SEC. . AUTHORIZATION REQUIREMENT FOR INTERNATIONAL FINANCIAL
INSTITUTIONS.
(a) The Secretary of the Treasury may, to fulfill
commitments of the United States, (1) effect the United
States participation in the first general capital increase of
the European Bank for Rconstruction and Development,
subscribe to and make payment for 100,000 additional shares
of the capital stock of the Bank on behalf of the United
States; and (2) contribute on behalf of the United States to
the eleventh replenishment of the resources of the
International Development Association, to the sixth
replenishment of the resources of the Asian Development Fund,
a special fund of the Asian Development Bank. The following
amounts are authorized to be appropriated without fiscal
[[Page S7633]]
year limitation for payment by the Secretary of the Treasury:
(1) $285,772,500 for paid-in capital, and $984,327,500 for
callable capital of the European Bank for Reconstruction and
Development; (2) $1,600,000,000 for the International
Development Association; (3) $400,000,000 for the Asian
Development Fund; and (4) $76,832,001 for paid-in capital,
and $4,511,156,729 for callable capital of the Inter-American
Development Bank in connection with the eighth general
increase in the resources of that Bank. Each such
subscription or contribution shall be subject to obtaining
the necessary appropriations.
(b) The authorizations under this section are subject to
the Senate Foreign Relations Committee reporting out an
authorizations bill.
Strike subsection (b) of amendment #915, and insert in lieu
thereof the following:
On page 38, line 17, strike ``$950,000,000'' and insert in
lieu thereof ``$1,034,500,000''.
On page 38, line 18, strike ``$150,000,000'' and insert in
lieu thereof ``$234,500,000''.
On page 40, line 14, strike ``$140,000,000'' and insert in
lieu thereof ``$150,000,000''.
On page 40, line 14, strike ``$40,000,000'' and insert in
lieu thereof ``$50,000,000''.
Africa Crisis Response Initiative
Mr. FEINGOLD. Mr. President, I would like to ask the Senator from
Kentucky about committee report language directing that no peacekeeping
funds be made available for the Africa crisis response initiative
[ACRI]. I understand the House version of this bill and the
accompanying report contain no such restrictions.
I understand further that the Committee on Appropriations has raised
several concerns about this initiative which are currently being
resolved by the administration.
Therefore, I wonder if the distinguished chairman of the Subcommittee
on Foreign Operations will be looking to support the House mark in the
peacekeeping account and to revise the report language in conference to
reflect this change, along with continuing concerns.
Mr. McCONNELL. The Senator from Wisconsin is correct. I have had some
strong reservations about the potential duplication of this initiative
with respect to other military assistance programs of the United States
and of other countries, as well as about the role of the United Nations
in the initiative. Both the Departments of Defense and of State have
been cooperative in addressing these potential problems.
Mr. FEINGOLD. I thank the Senator from Kentucky for his cooperation
on this matter. I want to take a few moments to express my views on the
ACRI.
Mr. President, I was disappointed to read in the report on this bill
that the Committee on Appropriations directed ``that no funds be made
available for the Africa Crisis Response Force,'' an earlier title of
what the administration now refers to as the Africa Crisis Response
Initiative [ACRI]. This language would prohibit the administration's
flexibility to use up to $15 million of the peacekeeping account for
this initiative.
The ACRI, in my view, is an inventive proposal on the part of the
administration. It seeks to expand the capacity of qualified African
militaries to respond to peacekeeping needs in Africa by merging the
resources of the United States and several of our European partners to
provide peacekeeping training. The ACRI would help create effective,
rapidly deployable peacekeeping units that would be able to operate
together. Such an initiative could ultimately reduce the burden on U.S.
resources in the event of a major humanitarian or other crisis in the
region.
Let me elaborate on what we are talking about. The Africa Crisis
Response Initiative would provide training to selected African
militaries to raise their capabilities to a common peacekeeping
standard derived from United States, British, Nordic, and United
Nations doctrine. In most cases, this will involve intensive training
over a 2-month period in any single country, and will include important
train-the-trainer activities so that additional instruction may take
place after the international representatives have departed.
Troops will be trained in tasks common to peacekeeping operations and
on how to utilize common communications equipment. Equally as
important, they will also receive instruction in civil-military
relations and respect for human rights. U.S. trainers intend to use
nongovernmental and private voluntary organizations in the training
where possible. Any equipment that is provided to the participating
countries would be nonlethal in nature and could include items to
support mine detection, water purification, or night vision.
Already several African countries have told United States officials
they would like to participate in the ACRI, including Ethiopia, Uganda,
Ghana, Mali, Senegal, and Malawi. Senegal and Uganda will begin
training at the end of this month. It is also important that the
Secretaries General of the United Nations and the Organization for
African Unity have indicated their support. I should also note that
this proposal is strongly supported by the U.S. Joint Staff and by our
military command in Europe--the United States European Command [EUCOM].
The ACRI proposal appeals to me because it provides a mechanism
through which the United States can both contribute to the resolution
of crises in the region, while at the same time, help ensure that the
United States will not bear the total burden of doing so. By having
ready, trained troops on the ground in Africa, the ACRI would decrease
the time it takes to respond to local crises. But most importantly, if
the proposal is implemented as intended, it would decrease the amount
of outside support the Africans would require and preclude the need to
send American combat troops to the region when there is a crisis. The
ACRI is a means to provide appropriate African governments with a
capacity they have said they want--the capability to respond to
regional crises.
This is a concept that I have been pondering for several years. A
1994 trip to Liberia later heightened my interest. At the time, many
observers were convinced that the only way to solve the crisis in
Liberia, a country wracked with civil war since 1989, was to deploy a
large force of American soldiers to stop the fighting and then maintain
the peace.
Like many other Americans, I opposed the deployment of American
troops for this purpose. But I became intrigued with an alternative
that had been employed in Liberia since 1990--an all African
peacekeeping force. This force, the West African peacekeeping force
known by its French acronym ECOMOG, has not--by any definition--been a
perfect mission, and has certainly had its share of problems. But after
many fits and starts, ECOMOG troops have succeeded in establishing
security in the country such that Liberians will have the opportunity
to safely go to the polls this weekend to participate in an important
national election. The United States has made important contributions
to this effort in the form of airlift and other logistical support to
ECOMOG.
While I do not want to put too much reliance in the ECOMOG experience
itself, since its record has been mixed, I think we can draw at least
two important lessons. First, African governments do want to contribute
to maintaining peace in neighboring countries. Second, the United
States can support those efforts by sharing our strengths in areas such
as technical assistance, logistics, and communications, for example.
Our European partners would make similar contributions.
That is what this proposal is all about. It is a cooperative effort
to which all participants contribute.
Despite my enthusiasm for this initiative, Mr. President, I would
also caution the administration on the tough choices it may soon have
to make with respect to which countries can and should be invited to
participate in the ACRI. When the administration first explored this
proposal, it presented its preliminary ideas to 10 governments. These
countries were understood to have excellent relations with the United
States, as well as relatively disciplined militaries and democratic
governments. It is my view that such qualities should represent the
minimum standards for the United States to engage in the high-level
military contact envisioned by the ACRI proposal.
As beneficial as the ACRI will be for the United States, it is also
beneficial for the African countries involved. Congress will look
harshly at any decisions that might be made to work with a government
that has come to power through military action or that abuses
[[Page S7634]]
the rights of its citizens. I have concerns in particular about the
possibility of including the Government of Nigeria in this initiative.
While I recognize the strength of Nigeria's military and the important
contribution it has made to the peacekeeping effort in Liberia, the
Government's continued disdain for the needs of its people and
continued human rights abuses I believe should preclude it from
participation in the ACRI.
Mr. President, in the long term, the administration anticipates that
the trained and ready forces that have benefited from the ACRI will be
able to respond quickly to crises in the region with African troops led
by Africans. Although I can foresee that the international community
might still be called upon to provide logistics assistance in certain
cases, I believe strongly that technical assistance of that nature is
an appropriate response for the United States.
With the rising number of conflicts in the post-cold-war era,
American troops are being called on more than ever to participate in
peacekeeping operations that just are not tenable. The ACRI provides a
creative way to respond to these demands while decreasing the need to
deploy our own men and women.
Mr. President, I hope the conferees will agree on funding and
language that will allow the administration to continue to pursue this
creative approach to crisis intervention in Africa. The ACRI
strengthens regional abilities to respond in a rapid and effective
manner, rather than calling for direct United States or European
intervention.
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
Mr. DORGAN. Mr. President, I rise to ask whether the distinguished
ranking member, Senator Leahy, would be willing to engage in a colloquy
with me about the International Fund for Agricultural Development, or
IFAD.
Mr. LEAHY. Mr. President, I would be happy to engage in a colloquy
with the Senator about the good work that IFAD does.
Mr. DORGAN. Mr. President, I thank the ranking member.
As my colleague knows, IFAD is a specialized agency of the United
Nations that has the mission of fighting hunger and poverty throughout
the world. Since 1977 IFAD has helped rural poor to increase their
nutrition, their food production and their income. It has reached about
160 million people through 429 different projects, mostly in Africa and
Asia, the regions where most of the world's poor live. In its lending
work, IFAD has an overhead of less than 10 percent, and it has achieved
loan repayments of 97 percent in countries as diverse as Bangladesh,
Benin, and Dominica.
More importantly, IFAD has been an innovator in providing microcredit
to vulnerable groups that are often difficult to reach, such as small
farmers, the landless poor and rural women.
Mr. President, that is why I was interested to read language related
to IFAD in the report of the House Appropriations Committee on the
House's version of the foreign operations bill. I was pleased to read,
on page 18 of the House report, that the House Appropriations Committee
``requests that AID [the Agency for International Development] examine
the possibility of using the International Fund for Agricultural
Development as an implementing agency in providing microenterprise
assistance.''
This is in the context of the House's $10 million increase over the
administration's request for the AID microenterprise account. As my
colleague knows, the Senate Appropriations Committee has increased the
same account by $15 million.
Mr. President, I wonder whether my distinguished colleague could tell
me whether he would support the House position in conference, that the
Agency for International Development should consider using IFAD as one
of the implementing agencies in providing microenterprise assistance.
Mr. LEAHY. Mr. President, I concur with the Senator from North Dakota
on this matter. The International Fund for Agricultural Development has
supplied nearly 300 microfinance projects with almost $1 billion of
funding. I am particularly pleased that 40 percent of these projects
have been in sub-Saharan Africa, where the need for this type of
assistance is greatest.
It seems to me that the Agency for International Development should
certainly consider using IFAD's capabilities. I therefore will likely
support the House position on this matter and urge the conferees to
include appropriate language in the statement of managers accompanying
the conference report.
Mr. DORGAN. I greatly appreciate the support of the Senator from
Vermont in this matter. I look forward to working with him to ensure
that the conference report provides appropriate guidance to the Agency
for International Development with respect to IFAD. I thank the
distinguished ranking member for his assistance, and I yield the floor.
The PRESIDING OFFICER. The question is on third reading of the bill.
The bill was ordered to be engrossed for a third reading, and was
read the third time.
Mr. McCONNELL. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. Do Senators yield back their time prior to the
vote?
Mr. McCONNELL. I yield any time.
Mr. LEAHY. I yield any time.
The PRESIDING OFFICER. The question is, Shall the bill, as amended,
pass? On this question, the yeas and nays have been ordered, and the
clerk will call the roll.
The bill clerk called the roll.
Mr. NICKLES. I announce that the Senator from Montana [Mr. Burns] is
necessarily absent.
I further announce that, if present and voting, the Senator from
Montana [Mr. Burns] would vote ``yea.''
The PRESIDING OFFICER (Mr. Santorum). Are there any other Senators in
the Chamber who desire to vote?
The result was announced--yeas 91, nays 8, as follows:
[Rollcall Vote No. 185 Leg.]
YEAS--91
Abraham
Akaka
Allard
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Campbell
Chafee
Cleland
Coats
Cochran
Collins
Conrad
Coverdell
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Enzi
Feingold
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Sessions
Shelby
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wellstone
Wyden
NAYS--8
Ashcroft
Byrd
Craig
Faircloth
Helms
Hollings
Kempthorne
Smith (NH)
NOT VOTING--1
Burns
The bill (S. 955), as amended, was passed, as follows:
S. 955
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country other than a nuclear-weapon State as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act that has detonated a nuclear explosive after
the date of enactment of this Act.
[[Page S7635]]
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $700,000,000 to
remain available until September 30, 1999: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until 2013 for the disbursement of direct loans,
loan guarantees, insurance and tied-aid grants obligated in
fiscal years 1998 and 1999: Provided further, That up to
$50,000,000 of funds appropriated by this paragraph shall
remain available until expended and may be used for tied-aid
grant purposes: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds
for foreign operations, export financing, or related programs
for tied-aid credits or grants may be used for any other
purpose except through the regular notification procedures of
the Committees on Appropriations.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs (to be computed on an
accrual basis), including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to
exceed $20,000 for official reception and representation
expenses for members of the Board of Directors, $46,614,000:
Provided, That necessary expenses (including special services
performed on a contract or fee basis, but not including other
personal services) in connection with the collection of
moneys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or
the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 1998.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $32,000,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $60,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961 to be derived by transfer from the Overseas Private
Investment Corporation noncredit account: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 1998 and 1999: Provided
further, That such sums shall remain available through fiscal
year 2006 for the disbursement of direct and guaranteed loans
obligated in fiscal year 1998, and through fiscal year 2007
for the disbursement of direct and guaranteed loans obligated
in fiscal year 1999: Provided further, That in addition, such
sums as may be necessary for administrative expenses to carry
out the credit program may be derived from amounts available
for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$43,000,000, to remain available until September 30, 1999:
Provided, That the Trade and Development Agency may receive
reimbursements from corporations and other entities for the
costs of grants for feasibility studies and other project
planning services, to be deposited as an offsetting
collection to this account and to be available for obligation
until September 30, 1999, for necessary expenses under this
paragraph: Provided further, That such reimbursements shall
not cover, or be allocated against, direct or indirect
administrative costs of the agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 1998,
unless otherwise specified herein, as follows:
agency for international development
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of
sections 103 through 106 and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96-533) and the provisions of section 401 of the Foreign
Assistance Act of 1969, $1,358,093,020, to remain available
until September 30, 1999: Provided, That of the amount
appropriated under this heading, up to $18,000,000 may be
made available for the Inter-American Foundation and shall be
apportioned directly to that Agency: Provided further, That
of the amount appropriated under this heading, up to
$10,500,000 may be made available for the African Development
Foundation and shall be apportioned directly to that agency:
Provided further, That of the funds appropriated under title
II of this Act that are administered by the Agency for
International Development and made available for family
planning assistance, not less than 65 per centum shall be
made available directly to the agency's central Office of
Population and shall be programmed by that office for family
planning activities: Provided further, That of the funds made
available under this heading, not less than $30,000,000,
above the amount of funds made available to combat infectious
diseases in the fiscal year 1997, shall be made available to
strengthen global surveillance and control of infectious
diseases: Provided further, That such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or
program which, as determined by the President of the United
States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available under
this heading may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions; and that in order to
reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or
information about access to, a broad range of family planning
methods and services: Provided further, That in awarding
grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That,
notwithstanding section 109 of the Foreign Assistance Act of
1961, of the funds appropriated under this heading in this
Act, and of the unobligated balances of funds previously
appropriated under this heading, $2,500,000 shall be
transferred to ``International Organizations and Programs''
for a contribution to the International Fund for Agricultural
Development (IFAD), and that any such transfer of funds shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading that are made available
for assistance programs for displaced and orphaned children
and victims of war, not to exceed $25,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of such programs: Provided
further, That of the funds appropriated under this heading,
not less than $15,000,000 shall be available for the American
Schools and Hospitals Abroad Program: Provided further, That
not less than $500,000 of the funds appropriated under this
heading shall be made available only for support of the
United States Telecommunications Training Institute: Provided
further, That of the funds made available under this heading
for Haiti, up to $250,000 may be made available to support a
program to assist Haitian children in orphanages.
POPULATION, DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
section 104(b) of the Foreign Assistance Act of 1961,
$435,000,000, to remain available until September 30, 1999.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$15,000,000 shall be made available for Cyprus to be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus.
[[Page S7636]]
burma
Of the funds appropriated under the heading ``Development
Assistance'', not less than $5,000,000 shall be made
available to support activities in Burma, along the Burma-
Thailand border, and for activities of Burmese student groups
and other organizations located outside Burma: Provided, That
$3,000,000 of these funds shall be made available for the
purposes of fostering democracy, including not less than
$200,000 to be made available for newspapers, media, and
publications promoting democracy for Burma: Provided further,
That $2,000,000 of these funds shall be made available to
support the provision of medical supplies and services and
other humanitarian assistance to Burmese located in Burma or
displaced Burmese along the borders: Provided further, That
funds made available for Burma related activities under this
heading may be made available notwithstanding any other
provision of law: Provided further, That provision of such
funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
CAMBODIA
None of the funds appropriated by this Act may be made
available for activities or programs in Cambodia until the
Secretary of State determines and reports to the Committees
on Appropriations that the Government of Cambodia has (1) not
been established in office by the use of force or a coup
d'etat; (2) discontinued all political violence and
intimidation of journalists and members of opposition
parties; (3) established an independent election commission;
(4) protected the rights of voters, candidates, and election
observers and participants by establishing laws and
procedures guaranteeing freedom of speech and assembly; (5)
eliminated corruption and collaboration with narcotics
smugglers; and (6) been elected in a free and fair democratic
election: Provided, That restrictions on funds made available
under this heading shall not apply to humanitarian programs
or other activities administered by nongovernmental
organizations: Provided further, That 30 days after enactment
of this Act, the Secretary of State, in consultation with the
Director of the Federal Bureau of Investigation, shall report
to the Committees on Appropriations on the results of the FBI
investigation into the bombing attack in Phnom Penh on March
30, 1997.
guatemala clarification commission
Of the funds made available under the headings
``Development Assistance''and ``Economic Support Fund'', not
less than $1,000,000 shall be made available to support the
Guatemala Clarification Commission.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $195,000,000, to remain available until expended.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans
and loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing,
or canceling amounts, through debt buybacks and swaps, owed
to the United States as a result of concessional loans
made to eligible Latin American and Caribbean countries,
pursuant to part IV of the Foreign Assistance Act of 1961,
and of modifying concessional loans authorized under title
I of the Agricultural Trade Development and Assistance Act
of 1954, as amended, as authorized under subsection (a)
under the heading ``Debt Reduction for Jordan'' in title
VI of Public Law 103-306 and (b) direct loans extended to
least developed countries, as authorized under section 411
of the Agriculture Trade and Assistance Act of 1954 as
amended; $34,000,000, to remain available until expended:
Provided, That none of the funds appropriated under this
heading shall be obligated except as provided through the
regular notification procedures of the Committees on
Appropriations.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That guarantees of
loans made under this heading in support of microenterprise
activities may guarantee up to 70 per centum of the principal
amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this
heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
funds made available under this heading shall remain
available until September 30, 1999.
urban and environmental credit program account
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assistance
Act of 1961, $3,000,000, to remain available until September
30, 1999: Provided, That these funds are available to
subsidize loan principal, 100 per centum of which shall be
guaranteed, pursuant to the authority of such sections. In
addition, for administrative expenses to carry out guaranteed
loan programs, $6,000,000, all of which may be transferred to
and merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided further,
That commitments to guarantee loans under this heading may be
entered into notwithstanding the second and third sentences
of section 222(a) and, with regard to programs for Central
and Eastern Europe and programs for the benefit of South
Africans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961.
private and voluntary organizations
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 per centum of its total annual funding
for international activities from sources other than the
United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance
Act of 1961 and the provisions on private and voluntary
organizations in title II of the ``Foreign Assistance and
Related Programs Appropriations Act, 1985'' (as enacted in
Public Law 98-473) shall be superseded by the provisions of
this section, except that the authority contained in the last
sentence of section 123(g) may be exercised by the
Administrator with regard to the requirements of this
paragraph.
Funds appropriated or otherwise made available under title
II of this Act should be made available to private and
voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995. Such
private and voluntary organizations shall include those which
operate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public
and are deemed to be among the most cost-effective and
successful providers of development assistance.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $44,208,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of
section 667, $473,000,000, to remain available until
September 30, 1999: Provided, That none of the funds
appropriated by this Act for programs administered by the
Agency for International Development may be used to finance
printing costs of any report or study (except feasibility,
design, or evaluation reports or studies) in excess of
$25,000 without the approval of the Administrator of the
Agency or the Administrator's designee.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of
section 667, $29,047,000, to remain available until September
30, 1999, which sum shall be available for the Office of the
Inspector General of the Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,541,150,000, to remain available
until September 30, 1999: Provided, That of the funds
appropriated under this heading, not less than $1,200,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within thirty days of enactment of this Act or by
October 31, 1997, whichever is later: Provided further, That
not less than $815,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which
sum cash transfer assistance may be provided, with the
understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken
in previous fiscal years: Provided further, That in
exercising the authority to provide cash transfer assistance
for Israel, the President shall ensure that the level of such
assistance does not cause an adverse impact on the total
level of nonmilitary exports from the United States to such
country: Provided further, That of the funds appropriated
under this heading, not less than $150,000,000 shall be made
available for Jordan: Provided further, That of the amount
appropriated under this heading, not less than $500,000 shall
be available only for the Special Investigative Unit (SIU) of
the Haitian National Police.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $485,000,000, to
remain available until September 30, 1999, which shall be
available, notwithstanding any other provision of law, for
economic assistance and for related programs for Eastern
Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or
[[Page S7637]]
have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to
the Fund's disbursement of such funds for program purposes.
The Fund may retain for such program purposes any interest
earned on such deposits without returning such interest to
the Treasury of the United States and without further
appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated or otherwise made
available under this heading for the economic revitalization
program in Bosnia and Herzegovina, and local currencies
generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia
and Herzegovina as local currency and local currency returned
or repaid under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for
such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee; and
(2) the provisions of section 533 of this Act shall apply.
(e) Funds appropriated under this heading may not be made
available for economic revitalization programs in Bosnia and
Herzegovina, if the President determines and certifies to the
Committees on Appropriations that the Federation of Bosnia
and Herzegovina has not complied with article III of annex 1-
A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and
that intelligence cooperation on training, investigations,
and related activities between Iranian officials and Bosnian
officials has not been terminated.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapter 11 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the New
Independent States of the former Soviet Union and for related
programs, $800,000,000, to remain available until September
30, 1999: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided
further, That up to $22,000,000 made available under this
heading may be transferred to the Export Import Bank of the
United States, and up to $8,000,000 of the funds made
available under this heading may be transferred to the Micro
and Small Enterprise Development Program, to be used for the
cost of direct loans and loan guarantees for the furtherance
of programs under this heading: Provided further, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
(b) None of the funds appropriated under this heading shall
be made available to a Government of the New Independent
States of the former Soviet Union--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(3) Funds may be furnished without regard to this
subsection if the President determines that to do so is in
the national interest.
(c) None of the funds appropriated under this heading shall
be made available to any government of the New Independent
States of the former Soviet Union if that government directs
any action in violation of the territorial integrity or
national sovereignty of any other new independent state, such
as those violations included in the Helsinki Final Act:
Provided, That such funds may be made available without
regard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States: Provided further, That the restriction
of this subsection shall not apply to the use of such funds
for the provision of assistance for purposes of humanitarian
and refugee relief.
(d) None of the funds appropriated under this heading for
the New Independent States of the former Soviet Union shall
be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization or nonproliferation programs.
(e) Funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(f) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(g) Of the funds appropriated under title II of this Act,
including funds appropriated under this heading, not less
than $12,000,000 shall be available only for assistance for
Mongolia: Provided, That funds made available for assistance
for Mongolia may be made available in accordance with the
purposes and utilizing the authorities provided in chapter 11
of part I of the Foreign Assistance Act of 1961.
(h) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be
provided to the maximum extent feasible through the private
sector, including small- and medium-size businesses,
entrepreneurs, and others with indigenous private enterprises
in the region, intermediary development organizations
committed to private enterprise, and private voluntary
organizations: Provided, That grantees and contractors
should, to the maximum extent possible, place in key staff
positions specialists with prior on the ground expertise in
the region of activity and fluency in one of the local
languages.
(i) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated under this heading or
in prior appropriations Acts, for projects or activities that
have as one of their primary purposes the fostering of
private sector development, the Coordinator for United States
Assistance to the New Independent States and the implementing
agency shall encourage the participation of and give
significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
(j) Of the funds appropriated under this heading, not less
than $225,000,000 shall be made available for Ukraine:
Provided, That of the funds made available for Ukraine under
this subsection, not less than $25,000,000 shall be available
only for comprehensive legal restructuring necessary to
support a decentralized market-oriented economic system,
including the enactment of all necessary substantive
commercial law and procedures, the implementation of reforms
necessary to establish an independent judiciary and bar, the
education of judges, attorneys, and law students in the
comprehensive commercial law reforms, and public education
designed to promote understanding of commercial law necessary
to Ukraine's economic independence: Provided further, That of
this amount not less than $8,000,000 shall be made available
to support law enforcement institutions and training, not
less than $25,000,000 shall be made available for nuclear
reactor safety programs, and not less than $5,000,000 shall
be made available for political party and related
institutional development: Provided further, That 50 per
centum of the amount made available for Ukraine by this
subsection, exclusive of funds made available in the previous
proviso, shall be withheld from obligation and expenditure
until the Secretary of State determines and certifies that
the Government of Ukraine has taken meaningful steps: (1) to
enforce the April 10, 1997 Anti-Corruption Presidential
decree; (2) to privatize state owned agricultural storage,
distribution, equipment and supply monopolies; and (3) to
resolve cases involving U.S. business complaints and
establish a permanent legal mechanism for commercial dispute
resolution: Provided further, That the Secretary shall submit
such determination and certification prior to March 31, 1998.
(k) Of the funds appropriated under this heading, not less
than $100,000,000 shall be made available for Georgia, of
which not less than $10,000,000 shall be made available to
support energy development and privatization initiatives:
Provided, That not less than $15,000,000 shall be made
available for development of border security
telecommunications infrastructure: Provided further, That not
less than $7,000,000 shall be available for judicial reform
and law enforcement training: Provided further, That not less
than $5,000,000 shall be made available to support training
for border and customs control: Provided further, That not
less than $3,000,000 shall be made available to support
political party and related institutional development:
Provided further, That not less than $5,000,000 shall be
available for Supsa urban and commercial development:
Provided further, That up to $7,000,000 may be made available
for business and education exchanges and related activities.
(l) Of the funds made available under this heading, not
less than $95,000,000 shall be made available for Armenia.
(m) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the disbursement of such funds by
the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(n) None of the funds appropriated under this heading may
be made available for Russia unless the President determines
and certifies in writing to the Committees on Appropriations
that the Government of Russia
[[Page S7638]]
has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment
necessary to develop a nuclear reactor or ballistic missiles
or related nuclear research facilities or programs.
(o) Of the funds appropriated under this heading, not less
than $10,000,000 shall be made available for a United States
contribution to the Trans-Caucasus Enterprise Fund: Provided,
That to further the development of the private sector in the
Trans-Caucasus, such amount may be invested in a Trans-
Caucasus Enterprise Fund or invested in other funds
established by public or private organizations, or
transferred to the Overseas Private Investment Corporation to
be available, subject to the requirements of the Federal
Credit Reform Act, to subsidize the costs of direct and
guaranteed loans.
(p) Funds made available under this Act or any other Act
may not be provided for assistance to the Government of
Azerbaijan until the President determines, and so reports to
the Congress, that the Government of Azerbaijan is taking
demonstrable steps to cease all blockades and other offensive
uses of force against Armenia and Nagorno-Karabakh: Provided,
That the restriction of this subsection and section 907 of
the FREEDOM Support Act shall not apply to--
(1) activities to support electoral and political reforms
or assistance under title V of the FREEDOM Support Act and
section 1424 of the ``National Defense Authorization Act for
Fiscal Year 1997'';
(2) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(3) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(4) any financing provided under the Export-Import Bank Act
of 1945 (12 U.S.C. 635 et seq.); or
(5) any activity carried out by a member of the Foreign
Commercial Service while acting within his or her official
capacity.
(q) None of the funds appropriated under this heading or in
prior appropriations legislation may be made available to
establish a joint public-private entity or organization
engaged in the management of activities or projects supported
by the Defense Enterprise Fund.
(r) 60 days after the date of enactment of this Act, the
Administrator of AID shall report to the Committees on
Appropriations on the rate of obligation and risk and
anticipated returns associated with commitments made by the
United States-Russia Investment Fund. The report shall
include a recommendation on the continued relevance and
advisability of the initial planned life of project
commitment.
Independent Agency
peace corps
For expenses necessary to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $206,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 1999.
Department of State
international narcotics control
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $216,200,000: Provided, That
of these funds not less than $10,000,000 shall be made
available for Law Enforcement Training and Demand Reduction:
Provided further, That not less than $22,000,000 shall be
made available for anti-crime programs: Provided further,
That none of the funds appropriated under this heading that
are made available for counter-narcotics activities may be
obligated or expended until the Secretary of State submits a
report to the Committees on Appropriations containing: (1) a
list of all countries in which the United States carries out
international counter-narcotics activities; (2) the number,
mission and agency affiliation of U.S. personnel assigned to
each such country; and (3) all costs and expenses obligated
for each program, project or activity by each U.S. agency in
each country: Provided further, That of this amount not to
exceed $5,000,000 shall be allocated to operate the Western
Hemisphere International Law Enforcement Academy under the
auspices of the Organization of American States with full
oversight by the Department of State: Provided further, That
funds appropriated under this heading shall be provided
subject to the regular notification procedures of the
Committees on Appropriations.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $650,000,000:
Provided, That not more than $12,000,000 shall be available
for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from
the former Soviet Union and Eastern Europe and other refugees
resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Migration
and Refugee Assistance Act of 1962 which would limit the
amount of funds which could be appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $129,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, section
504 of the FREEDOM Support Act for the Nonproliferation and
Disarmament Fund, section 23 of the Arms Export Control Act
or the Foreign Assistance Act of 1961 for demining
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary
contribution to the Korean Peninsula Energy Development
Organization (KEDO): Provided, That of this amount not to
exceed $15,000,000, to remain available until expended, may
be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the New
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency:
Provided further, That not to exceed $30,000,000 may be made
available to the Korean Peninsula Energy Development
Organization (KEDO) only for the administrative expenses and
heavy fuel oil costs associated with the Agreed Framework:
Provided further, That such funds may be obligated to KEDO
only if, thirty days prior to such obligation of funds, the
President certifies and so reports to Congress that: (1)(A)
the parties to the Agreed Framework are taking steps to
assure that progress is made on the implementation of the
January 1, 1992, Joint Declaration on the Denuclearization of
the Korean Peninsula and the implementation of the North-
South dialogue, and (B) North Korea is complying with the
other provisions of the Agreed Framework between North Korea
and the United States and with the Confidential Minute; (2)
North Korea is cooperating fully in the canning and safe
storage of all spent fuel from its graphite-moderated nuclear
reactors and that such canning and safe storage is scheduled
to be completed by the end of fiscal year 1997; and (3) North
Korea has not significantly diverted assistance provided by
the United States for purposes for which it was not intended:
Provided further, That the President may waive the
certification requirements of the preceding proviso if the
President determines that it is vital to the national
security interests of the United States: Provided further,
That no funds may be obligated for KEDO until 30 days after
submission to Congress of the waiver permitted under the
preceding proviso: Provided further, That the obligation of
any funds for KEDO shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall submit to
the appropriate congressional committees an annual report (to
be submitted with the annual presentation for appropriations)
providing a full and detailed accounting of the fiscal year
request for the United States contribution to KEDO, the
expected operating budget of the Korean Peninsula Energy
Development Organization, to include unpaid debt, proposed
annual costs associated with heavy fuel oil purchases, and
the amount of funds pledged by other donor nations and
organizations to support KEDO activities on a per country
basis, and other related activities: Provided further, That
of the funds made available under this heading, up to
$14,000,000 may be made available to the Korean Peninsula
Economic Development Organization (KEDO), in addition to
funds otherwise made available under this heading for KEDO,
if the Secretary of State certifies and reports to the
Committees on Appropriations that, except for the funds made
available under this proviso, funds sufficient to cover all
outstanding debts owed by KEDO for heavy fuel oil have been
provided to KEDO: Provided further, That the additional
$14,000,000 made
[[Page S7639]]
available to KEDO under this heading may not be obligated or
expended until the Secretary of State certifies and reports
to Congress that North Korea has not violated the Military
Armistice Agreement of 1953 during the preceding nine months.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$47,000,000: Provided, That none of the funds appropriated
under this heading shall be available for Guatemala: Provided
further, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,308,950,000: Provided, That of the funds
appropriated under this heading, not less than $1,800,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within thirty
days of enactment of this Act or by October 31, 1997,
whichever is later: Provided further, That to the extent that
the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph
may, as agreed by Israel and the United States, be available
for advanced weapons systems, of which not less than
$475,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, not less than $100,000,000
shall be available for assistance for Jordan: Provided
further, That of the funds appropriated by this paragraph, a
total of $12,000,000 shall be available for assistance for
Estonia, Latvia, and Lithuania: Provided further, That funds
appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made
available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a): Provided further,
That $60,000,000 of the funds appropriated or otherwise made
available under this heading shall be made available for the
purpose of facilitating the integration of Poland, Hungary,
and the Czech Republic into the North Atlantic Treaty
Organization: Provided further, That, to carry out funding
the previous proviso, all or part of the $60,000,000 may be
derived by transfer, notwithstanding any other provision of
law, from titles I, II, III, and IV of this Act.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows: cost
of direct loans, $74,000,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $759,500,000:
Provided further, That the rate of interest charged on such
loans shall be not less than the current average market yield
on outstanding marketable obligations of the United States of
comparable maturities: Provided further, That of the funds
appropriated under this paragraph, a total of $8,000,000
shall be available for assistance to Estonia, Latvia, and
Lithuania: Provided further, That funds appropriated under
this paragraph shall be made available for Greece and Turkey
only on a loan basis, and the principal amount of direct
loans for each country shall not exceed the following:
$122,500,000 only for Greece and $175,000,000 only for
Turkey.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That none of the funds appropriated under this
heading shall be available for Sudan, Liberia, and Guatemala:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for activities related to the clearance of landmines and
unexploded ordnance, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and construction
services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That,
subject to the regular notification procedures of the
Committees on Appropriations, funds made available under this
heading for the cost of direct loans may also be used to
supplement the funds available under this heading for grants,
and funds made available under this heading for grants may
also be used to supplement the funds available under this
heading for the cost of direct loans: Provided further, That
funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$23,250,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of
administering military assistance and sales: Provided
further, That not more than $355,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act may be obligated for expenses incurred by the Department
of Defense during fiscal year 1998 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$75,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds made available under this heading for the
Multilateral Force and Observers until the Secretary of State
submits a report to the Committees on Appropriations on the
status of efforts to retain a new Director General of that
organization.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States contribution to the Global Environment Facility
(GEF), $60,000,000, to remain available until September 30,
1999.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,034,500,000, to remain
available until expended, of which $234,500,000 shall be
available to pay for the tenth replenishment: Provided, That
none of the funds may be obligated or made available until
the Secretary of the Treasury certifies to the Committees on
Appropriations that all procurement restrictions imposed by
the Interim Trust Fund have been lifted and that the balance
available for open competition in such Fund approximates
$1,000,000,000.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the United States share of the
paid-in share portion of the increase in capital stock,
$25,610,667, and for the United States share of the increase
in the resources of the Fund for Special Operations,
$20,835,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $1,503,718,910.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the Fund to be administered by
the Inter-American Development Bank, $30,000,000 to remain
available until expended, which shall be available for
contributions previously due.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of the increase in capital stock, $13,221,596, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended (Public Law 89-369), $150,000,000, of which
$50,000,000 shall be available for contributions previously
due, to remain available until expended.
[[Page S7640]]
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,778,717,
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$123,237,803.
North American Development Bank
For payment to the North American Development Bank by the
Secretary of the Treasury, for the United States share of the
paid-in portion of the capital stock, $56,500,000, to remain
available until expended: Provided, That none of the funds
appropriated under this heading that are made available for
the Community Adjustment and Investment Program shall be used
for purposes other than those set out in the binational
agreement establishing the Bank.
limitation on callable capital subscriptions
The United States Governor of the North American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
the capital stock of the North American Development Bank in
an amount not to exceed $318,750,000.
INTERNATIONAL MONETARY PROGRAMS
LOANS TO INTERNATIONAL MONETARY FUND
For loans to the International Monetary Fund under the New
Arrangements to Borrow, the dollar equivalent of
2,462,000,000 Special Drawing Rights, to remain available
until expended; in addition, up to the dollar equivalent of
4,250,000,000 Special Drawing Rights previously appropriated
by the Act of November 30, 1983 (Public Law 98-181), and the
Act of October 23, 1962 (Public Law 87-872), for the General
Arrangements to Borrow, may also be used for the New
Arrangements to Borrow. Notwithstanding any other provision
of law, none of the funds appropriated under this heading may
be made available until the relevant Committees of Congress
have reviewed the new arrangements for borrowing by the
International Monetary Fund provided for under this heading
and authorizing legislation for such borrowing has been
enacted.
International Organizations and Programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $277,000,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That not less than $5,000,000
shall be made available to the World Food Program: Provided
further, That none of the funds appropriated under this
heading that are made available to the United Nations
Population Fund (UNFPA) shall be made available for
activities in the People's Republic of China: Provided
further, That not more than $25,000,000 of the funds
appropriated under this heading may be made available to the
UNFPA: Provided further, That with respect to any funds
appropriated under this heading that are made available to
UNFPA, UNFPA shall be required to maintain such funds in a
separate account and not commingle them with any other funds:
Provided further, That none of the funds appropriated under
this heading may be made available to the Korean Peninsula
Energy Development Organization (KEDO) or the International
Atomic Energy Agency (IAEA).
authorization requirement for international financial institutions
(a) The Secretary of the Treasury may, to fulfill
commitments of the United States: (1) effect the United
States participation in the first general capital increase of
the European Bank for Reconstruction and Development,
subscribe to and make payment for 100,000 additional shares
of the capital stock of the Bank on behalf of the United
States; and (2) contribute on behalf of the United States to
the eleventh replenishment of the resources of the
International Development Association, to the sixth
replenishment of the resources of the Asian Development Fund,
a special fund of the Asian Development Bank. The following
amounts are authorized to be appropriated without fiscal year
limitation for payment by the Secretary of the Treasury: (1)
$285,772,500 for paid-in capital, and $984,327,500 for
callable capital of the European Bank for Reconstruction and
Development; (2) $1,600,000,000 for the International
Development Association; (3) $400,000,000 for the Asian
Development Fund; and (4) $76,832,001 for paid-in capital,
and $4,511,156,729 for callable capital of the Inter-American
Development Bank in connection with the eighth general
increase in the resources of that Bank. Each such
subscription or contribution shall be subject to obtaining
the necessary appropriations.
(b) The authorizations under this section are subject to
the Senate Foreign Relations Committee reporting out an
authorization bill.
TITLE V--GENERAL PROVISIONS
ENTERPRISE FUND RESTRICTIONS
Sec. 501. Section 201(l) of the Support for East European
Democracy Act (22 U.S.C. 5421(l)) is amended to read as
follows:
``(l) Limitation on Payments to Enterprise Fund
Personnel.--
``(1) No part of the funds of an Enterprise Fund shall
inure to the benefit of any board member, officer, or
employee of such Enterprise Fund, except as salary or
reasonable compensation for services subject to paragraph
(2).
``(2) An Enterprise Fund shall not pay compensation for
services to--
``(A) any board member of the Enterprise Fund, except for
services as a board member; or
``(B) any firm, association, or entity in which a board
member of the Enterprise Fund serves as partner, director,
officer, or employee.
``(3) Nothing in paragraph (2) shall preclude payment for
services performed before the date of enactment of this
subsection.''.
prohibition of bilateral funding for international financial
institutions
Sec. 502. None of the funds contained in title II of this
Act may be used to carry out the provisions of section 209(d)
of the Foreign Assistance Act of 1961.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Antiterrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
Prohibition Against Direct Funding for Certain Countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided,
That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents.
Military Coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected Head of Government is deposed by military coup or
decree: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
Transfers Between Accounts
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate.
[[Page S7641]]
Deobligation/Reobligation Authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been
obligated against appropriations heretofore made under the
authority of the Foreign Assistance Act of 1961 for the same
general purpose as any of the headings under title II of this
Act are, if deobligated, hereby continued available for the
same period as the respective appropriations under such
headings or until September 30, 1998, whichever is later, and
for the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Congress are
notified fifteen days in advance of the reobligation of such
funds in accordance with regular notification procedures of
the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in
fiscal year 1998.
Availability of Funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, and 11 of part I, section 667,
and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'',
shall remain available until expended if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time
of submission of such report, those funds allocated for cash
disbursement for balance of payment and economic policy
reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to such country by the United States pursuant
to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made
available in this Act or during the current fiscal year for
Nicaragua, and for any narcotics-related assistance for
Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purpose of providing the Executive Branch
with the necessary administrative flexibility, none of the
funds made available under this Act for ``Development
Assistance'', ``Debt restructuring'', ``International
organizations and programs'', ``Trade and Development
Agency'', ``International narcotics control'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the New Independent States of the Former Soviet Union'',
``Economic Support Fund'', ``Peacekeeping operations'',
``Operating expenses of the Agency for International
Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'',
``Nonproliferation, anti-terrorism, demining and related
programs'', ``Foreign Military Financing Program'',
``International military education and training'', ``Inter-
American Foundation'', ``African Development Foundation'',
``Peace Corps'', ``Migration and refugee assistance'', shall
be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees
of both Houses of Congress are previously notified fifteen
days in advance: Provided, That the President shall not enter
into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 per centum in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified fifteen days in advance of such
commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 per centum of the amount
previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or
any similar provision of this Act or any other Act, including
any prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the
Congress, or the appropriate congressional committees, shall
be provided as early as practicable, but in no event later
than three days after taking the action to which such
notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a
waiver shall contain an explanation of the emergency
circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Notwithstanding any other provision of law or of
this Act, none of the funds provided for ``International
Organizations and Programs'' shall be available for the
United States proportionate share, in accordance with section
307(c) of the Foreign Assistance Act of 1961, for any
programs identified in section 307, or for Libya, Iran, or,
at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of
1961, as amended: Provided, That, subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated under this Act or any previously enacted
Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of this section or any similar provision of
law, shall remain available for obligation through September
30, 1999.
economic support fund assistance for israel
Sec. 517. The Congress finds that progress on the peace
process in the Middle East is vitally important to United
States security interests in the region. The Congress
recognizes that, in fulfilling its obligations, Israel has
incurred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel
serves the security interests of the United States, for a
secure Israel is an Israel which has the incentive and
confidence to continue pursuing the peace process. Therefore,
the Congress declares that, subject to the availability of
appropriations, it is the policy and the intention of the
United States that the
[[Page S7642]]
funds provided in annual appropriations for the Economic
Support Fund which are allocated to Israel shall not be less
than the annual debt repayment (interest and principal) from
Israel to the United States Government in recognition that
such a principle serves United States interests in the
region.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations: Provided, That none of the funds made
available under this Act may be used to lobby for or against
abortion.
limitations on FUNDING FOR INTERNATIONAL FAMILY PLANNING
Sec. 519. In determining eligibility for assistance from
funds appropriated to carry out section 104 of the Foreign
Assistance Act of 1961, nongovernmental and multilateral
organizations shall not be subjected to requirements more
restrictive than the requirements applicable to foreign
governments for such assistance.
reporting requirement
Sec. 520. Section 25 of the Arms Export Control Act is
amended--
(1) in subsection (a), by striking ``Congress'' and
inserting in lieu thereof ``appropriate congressional
committees'';
(2) in subsection (b), by striking ``the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs of the House of Representatives'' and inserting in
lieu thereof ``any of the congressional committees described
in subsection (e)''; and
(3) by adding the following subsection:
``(e) As used in this section, the term `appropriate
congressional committees' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate
and the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives.''.
special notification requirements
Sec. 521. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, Guatemala (except that
this provision shall not apply to development assistance for
Guatemala), Dominican Republic, Haiti, Liberia, Pakistan,
Peru, Serbia, Sudan, or the Democratic Republic of Congo
except as provided through the regular notification
procedures of the Committee on Appropriations.
definition of program, project, and activity
Sec. 522. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the Appropriations Act
account level and shall include all Appropriations and
Authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as (1) justified to the Congress, or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within thirty days of
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
child survival, aids, and other activities
Sec. 523. Up to $10,000,000 of the funds made available by
this Act for assistance for family planning, health, child
survival, basic education and AIDS, may be used to reimburse
United States Government agencies, agencies of State
governments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals
(including for the personal services of such individuals)
detailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the purpose
of carrying out family planning activities, child survival,
and basic education activities, and activities relating to
research on, and the treatment and control of acquired immune
deficiency syndrome in developing countries: Provided, That
funds appropriated by this Act that are made available for
child survival activities or activities relating to research
on, and the treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any
provision of law that restricts assistance to foreign
countries: Provided further, That funds appropriated by this
Act that are made available for family planning activities
may be made available notwithstanding section 512 of this Act
and section 620(q) of the Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 524. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or the People's Republic of
China, unless the President of the United States certifies
that the withholding of these funds is contrary to the
national interest of the United States.
reciprocal leasing
Sec. 525. Section 61(a) of the Arms Export Control Act is
amended by striking out ``1997'' and inserting in lieu
thereof ``1998''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 526. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
Sec. 527. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act
of 1956.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 528. (a) Notwithstanding any other provision of law,
funds appropriated for bilateral assistance under any heading
of this Act and funds appropriated under any such heading in
a provision of law enacted prior to enactment of this Act,
shall not be made available to any country which the
President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 529. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
COMPETITIVE INSURANCE
Sec. 530. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity to
bid for insurance when such insurance is necessary or
appropriate.
STINGERS IN THE PERSIAN GULF REGION
Sec. 531. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell or
otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control Act
or chapter 2 of part II of the Foreign Assistance Act of
1961.
DEBT-FOR-DEVELOPMENT
Sec. 532. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds made
available under this Act or prior Acts or local currencies
which accrue to that organization as a result of economic
assistance provided under title II of this Act and any
interest earned on such investment shall be used for the
purpose for which the assistance was provided to that
organization.
[[Page S7643]]
SEPARATE ACCOUNTS
Sec. 533. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing, or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapters 1 or 10 of part I
or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this
subsection shall supersede the tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 and
sections 531(d) and 609 of the Foreign Assistance Act of
1961.
(6) Reporting Requirement.--The Administrator of the Agency
for International Development shall report on an annual basis
as part of the justification documents submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapters 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be
promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 534. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 535. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of
part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
competitive pricing for sales of defense articles
Sec. 536. Direct costs associated with meeting a foreign
customer's additional or unique requirements will continue to
be allowable under contracts under section 22(d) of the Arms
Export Control Act. Loadings applicable to such direct costs
shall be permitted at the same rates applicable to
procurement of like items purchased by the Department of
Defense for its own use.
authorities for the peace corps
Sec. 537. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
impact on jobs in the united states
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 539. (a) Restrictions.--Notwithstanding any other
provision of law, no sanction, prohibition, or requirement
described in section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160),
with respect to Serbia or Montenegro, may cease to be
effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this
subsection is a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for Kosova and
the right of the people of Kosova to govern themselves; or
(B) the creation of an international protectorate for
Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
[[Page S7644]]
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected
representatives of the people of Kosova.
(c) Waiver Authority.--The President may waive the
application in whole or in part, of subsection (a) if the
President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs or to achieve a negotiated settlement of
the conflict in Bosnia and Herzegovina that is acceptable to
the parties.
special authorities
Sec. 540. (a) Funds appropriated in title II of this Act
that are made available for Afghanistan, Lebanon, and for
victims of war, displaced children, displaced Burmese,
humanitarian assistance for Romania, and humanitarian
assistance for the peoples of Kosova, may be made available
notwithstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall be
subject to the provisions of section 531(e) of the Foreign
Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other
provision of law, for the purpose of supporting tropical
forestry and energy programs aimed at reducing emissions of
greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such
assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) During fiscal year 1998, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling
contained in subsection (a) of that section.
(d) The Agency for International Development may employ
personal services contractors, notwithstanding any other
provision of law, for the purpose of administering programs
for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 541. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said county;
(C) report to Congress on the specific steps being taken by
the President to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations
with Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
anti-narcotics activities
Sec. 542. (a) Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in
judicial cases may be conducted notwithstanding section 660
of that Act.
(b) Funds made available pursuant to this section may be
made available notwithstanding section 534(c) and the second
and third sentences of section 534(e) of the Foreign
Assistance Act of 1961. Funds made available pursuant to
subsection (a) for Bolivia, Colombia and Peru may be made
available notwithstanding section 534(c) and the second
sentence of section 534(e) of the Foreign Assistance Act of
1961.
eligibility for assistance
Sec. 543. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, and 11 of
part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That the President shall take into consideration,
in any case in which a restriction on assistance would be
applicable but for this subsection, whether assistance in
support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to
be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That
nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 1998, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally
recognized human rights.
earmarks
Sec. 544. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United
States with base rights or base access in that country, if
the President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enactment
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991; however, before exercising
the authority of this subsection with regard to a base rights
or base access country which has significantly reduced its
military or economic cooperation with the United States, the
President shall consult with, and shall provide a written
policy justification to the Committees on Appropriations:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
ceilings and earmarks
Sec. 545. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs.
prohibition on publicity or propaganda
Sec. 546. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of enactment
of this Act by the Congress.
prohibition of payments to united nations members
Sec. 547. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations.
consulting services
Sec. 548. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 549. None of the funds appropriated or made available
pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Agency for International
Development.
Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism
Sec. 550. (a) None of the funds appropriated or otherwise
made available by this Act may
[[Page S7645]]
be available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a terrorist government
for purposes of section 40(d) of the Arms Export Control Act.
The prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided
under a contract entered into after the date of enactment of
this Act.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
Withholding of Assistance for Parking Fines Owed by Foreign Countries
Sec. 551. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 per centum of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
enactment of this Act shall be withheld from obligation for
such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
Limitation on Assistance for the PLO for the West Bank and Gaza
Sec. 552. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
Export Financing Transfer Authorities
Sec. 553. Not to exceed 5 per centum of any appropriation
other than for administrative expenses made available for
fiscal year 1998 for programs under title I of this Act may
be transferred between such appropriations for use for any of
the purposes, programs and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 per centum by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
war crimes tribunals drawdown
Sec. 554. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$25,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That sixty days after
the date of enactment of this Act, and every one hundred
eighty days thereafter, the Secretary of State shall submit a
report to the Committees on Appropriations describing the
steps the United States Government is taking to collect
information regarding allegations of genocide or other
violations of international law in the former Yugoslavia and
to furnish that information to the United Nations War Crimes
Tribunal for the former Yugoslavia.
landmines
Sec. 555. Notwithstanding any other provision of law,
demining equipment available to the Agency for International
Development and the Department of State and used in support
of the clearing of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and conditions as
the President may prescribe.
restrictions concerning the palestinian authority
Sec. 556. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 557. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
military education and training'' or ``Foreign military
financing program'' for Informational Program activities may
be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
purchase of american-made equipment and products
Sec. 558. (a) To the greatest extent practicable,
assistance provided or used for purchases should use American
equipment, services, commodities, and products.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
special debt relief for the poorest
Sec. 559. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961.
authority to engage in debt buybacks or sales
Sec. 560. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995,
[[Page S7646]]
pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section
702(6) of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof,
only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 per centum of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the face
value of such debt, to support activities that link
conservation and sustainable use of natural resources with
local community development, and child survival and other
child development, in a manner consistent with sections 707
through 710 of the Foreign Assistance Act of 1961, if the
sale, reduction, or cancellation would not contravene any
term or condition of any prior agreement relating to such
loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
restructuring''.
liberia
Sec. 561. Funds appropriated by this Act may be made
available for assistance for Liberia notwithstanding section
620(q) of the Foreign Assistance Act of 1961 and section 512
of this Act.
guatemala
Sec. 562. (a) Funds provided in this Act may be made
available for the Guatemalan military forces, and the
restrictions on Guatemala under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' shall not apply, only if the President
determines and certifies to the Congress that the Guatemalan
military is cooperating fully with efforts to resolve human
rights abuses which elements of the Guatemalan military
forces are alleged to have committed, ordered or attempted to
thwart the investigation of, and with efforts to implement a
peace settlement.
(b) The prohibition contained in subsection (a) shall not
apply to funds made available to implement a ceasefire or
peace agreement.
(c) Any funds made available pursuant to subsections (a)
and (b) for international military education and training may
only be for expanded international military education and
training.
sanctions against countries harboring war criminals
Sec. 563. (a) Bilateral Assistance.--The President shall
withhold funds appropriated by this Act under the Foreign
Assistance Act of 1961 or the Arms Export Control Act for any
country described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury
shall instruct the United States executive directors of the
international financial institutions to work in opposition
to, and vote against, any extension by such institutions of
financing or financial or technical assistance to any country
described in subsection (c).
(c) Sanctioned Countries.--A country described in this
subsection is a country the government of which knowingly
grants sanctuary to persons in its territory, or territory
within its control, for the purpose of evading prosecution,
where such persons have been indicted by the International
Criminal Tribunal for Rwanda.
limitation on assistance for haiti
Sec. 564. (a) Limitation.--None of the funds appropriated
or otherwise made available by this Act may be provided to
the Government of Haiti unless the President reports to
Congress that the Government of Haiti--
(1) is conducting thorough investigations of extrajudicial
and political killings;
(2) is cooperating with United States authorities in the
investigations of political and extrajudicial killings;
(3) has made demonstrable progress in privatizing major
governmental parastatals, including demonstrable progress
toward the material and legal transfer of ownership of such
parastatals; and
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial
guard, and any other public security entity of Haiti those
individuals who are credibly alleged to have engaged in or
conspired to conceal gross violations of internationally
recognized human rights.
(b) Exceptions.--The limitation in subsection (a) does not
apply to the provision of humanitarian, electoral, counter
narcotics, or development assistance.
(c) Waiver.--The President may waive the requirements of
this section on a semiannual basis if the President
determines and certifies to the appropriate committees of
Congress that such waiver is in the national interest of the
United States.
(d) Parastatals Defined.--As used in this section, the term
``parastatal'' means a government-owned enterprise.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
STATE
Sec. 565. (a) Foreign Aid Reporting Requirement.--In
addition to the voting practices of a foreign country, the
report required to be submitted to Congress under section
406(a) of the Foreign Relations Authorization Act fiscal
years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
by-side comparison of individual countries' overall support
for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal
year 1996.
(b) United States Assistance.--For purposes of this
section, the term ``United States assistance'' has the
meaning given the term in section 481(e)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
burma labor report
Sec. 566. Not later than one hundred twenty days after
enactment of this Act, the Secretary of Labor shall provide
to the Committees on Appropriations a report addressing labor
practices in Burma: Provided, That the report shall provide
comprehensive details on child labor practices, worker's
rights, force relocation of laborers, forced labor performed
to support the tourism industry, and forced labor performed
in conjunction with, and in support of, the Yadonna gas
pipeline: Provided further, That the report should discuss
whether the State Law and Order Restoration Council (SLORC)
is in compliance with international labor standards: Provided
further, That the report should provide considerable detail
regarding the U.S. government's efforts to address the issue
of forced labor in Burma.
HAITI
Sec. 567. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the civilian-led
Haitian National Police and Coast Guard: Provided, That the
authority provided by this section shall be subject to the
regular notification procedures of the Committees on
Appropriations.
International Financial Institution Policies
Sec. 568. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the
United States to strongly encourage their respective
institutions to--
(1) provide timely public information on procurement
opportunities available to United States suppliers, with a
special emphasis on small business; and
(2) systematically consult with local communities on the
potential impact of loans as part of the normal lending
process, and expand the participation of affected peoples and
nongovernmental organizations in decisions on the selection,
design and implementation of policies and projects.
Limitation on Assistance to Security Forces
Sec. 569. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence to
believe such unit has committed gross violations of human
rights, unless the Secretary determines and reports to the
Committees on Appropriations that the government of such
country is taking steps to bring the responsible members of
the security forces unit to justice.
Cambodia
Sec. 570. The Secretary of the Treasury shall instruct the
United States Executive Directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Government of Cambodia,
except loans to support basic human needs, unless the
Government of Cambodia has: (1) not been established in
office by the use of force or a coup d'etat; (2)
[[Page S7647]]
discontinued all political violence and intimidation of
journalists and members of opposition parties; (3)
established an independent election commission; (4) protected
the rights of voters, candidates, and election observers and
participants by establishing laws and procedures guaranteeing
freedom of speech and assembly; (5) eliminated corruption and
collaboration with narcotics smugglers; and (6) been elected
in a free and fair election.
limitations on transfer of military equipment to east timor
Sec. 571. In any agreement for the sale, transfer, or
licensing of any lethal equipment or helicopter for Indonesia
entered into by the United States pursuant to the authority
of this Act or any other Act, the agreement shall state that
such items will not be used in East Timor.
Transparency of Budgets
Sec. 572. Section 576(a)(1) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1997, as contained in Public Law 104-208, is amended to read
as follows:
``(1) does not have in place a functioning system for
reporting to civilian authorities audits of receipts and
expenditures that fund activities of the armed forces and
security forces;''.
Section 576(a)(2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
contained in Public Law 104-208, is amended to read as
follows:
``(2) has not provided to the institution information about
the audit process requested by the institution.''.
Restrictions on Funding to Countries Providing Sanctuary to Indicted
War Criminals
Sec. 573. (a) Bilateral Assistance.--None of the funds made
available by this or any prior Act making appropriations for
foreign operations, export promotion and related programs,
may be provided for any country described in subsection (d).
(b) Multilateral Assistance.--The Secretary of the Treasury
shall instruct the United States executive directors of the
international financial institutions to work in opposition
to, and vote against, any extension by such institutions of
any financial or technical assistance or grants of any kind
to any country described in subsection (d).
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance; or
(C) assistance for physical infrastructure projects
involving activities in both a sanctioned country and a
nonsanctioned contiguous country, if the nonsanctioned
country is the primary beneficiary.
(2) Further limitations.--Notwithstanding paragraph (1)--
(A) no assistance may be made available by this Act, or any
other Act making appropriations for foreign operations,
export promotion and related programs, for a program,
project, or activity in any country described in subsection
(d) in which an indicted war criminal has any financial or
material interest or through any organization in which the
indicted individual is affiliated; and
(B) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by
this Act, or any other Act making appropriations for foreign
operations, export promotion and related programs to any
program, project, or activity in any area of any country
described in subsection (d) in which local authorities are
not complying with the provisions of Article IX and Annex 4,
Article II of the Dayton Agreement relating to war crimes and
the Tribunal, or with the provisions of Annex 7 of the Dayton
Agreement relating to the rights of refugees and displaced
persons to return to their homes of origin.
(d) Sanctioned Countries.--A country described in this
section is a country the authorities of which fail to
apprehend and transfer to the Tribunal all persons in
territory that is under their effective control who have been
indicted by the Tribunal.
(e) Waiver.--
(1) Authority.--The President may waive the application of
subsection (a) or subsection (b) with respect to a country if
the President determines and certifies to the appropriate
committees of Congress within six months after the date of
enactment of this Act that a majority of the indicted persons
who are within territory that is under the effective control
of the country have been arrested and transferred to the
Tribunal.
(2) Period of effectiveness.--Any waiver made pursuant to
this subsection shall be effective for a period of six
months.
(f) Termination of Sanctions.--The sanctions imposed
pursuant to subsection (a) or subsection (b) with respect to
a country shall cease to apply only if the President
determines and certifies to Congress that the authorities of
that country have apprehended and transferred to the Tribunal
all persons in territory that is under their effective
control who have been indicted by the Tribunal.
(g) Definitions.--As used in this section--
(1) Country.--The term ``country'' shall not include Bosnia
and Herzegovina, and the provisions of this Act shall be
applied separately to its constituent entities of Republika
Srpska and the Federation of Bosnia and Herzegovina.
(2) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(3) Democratization assistance.--The term ``democratization
assistance'' includes electoral assistance and assistance
used in establishing the institutions of a democratic and
civil society.
(4) Humanitarian assistance.--The term ``humanitarian
assistance'' includes assistance for food, demining,
refugees, housing, education, health care, and other social
services.
(5) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia.
EXTENSION OF CERTAIN ADJUDICATION PROVISIONS
Sec. 574. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-
167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1997'' and
inserting ``1997, and 1998''; and
(B) in subsection (e), by striking ``October 1, 1997'' each
place it appears and inserting ``October 1, 1998''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 1997'' and inserting
``September 30, 1998''.
DEVELOPMENT CREDIT AUTHORITY
Sec. 575. For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans and loan
guarantees in support of the development objectives of the
Foreign Assistance Act of 1961 (FAA), up to $10,000,000,
which amount may be derived by transfer from funds
appropriated by this Act to carry out part I of the Foreign
Assistance Act of 1961 and funds appropriated by this Act
under the heading ``Assistance for Eastern Europe and the
Baltic States'', to remain available until expended:
Provided, That of this amount, up to $1,500,000 for
administrative expenses to carry out such programs may be
transferred to and merged with ``Operating Expenses of the
Agency for International Development'': Provided further,
That the provisions of section 107A(d) (relating to general
provisions applicable to development credit authority) of the
Foreign Assistance Act of 1961, as added by section 306 of
H.R. 1486 as reported by the House Committee on International
Relations on May 9, 1997, shall be applicable to direct loans
and loan guarantees provided under this paragraph: Provided
further, That direct loans or loan guarantees under this
paragraph may not be provided until the Director of the
Office of Management and Budget has certified to the
Committees on Appropriations that the Agency for
International Development has established a credit management
system capable of effectively managing the credit programs
funded under this heading, including that such system (1) can
provide accurate and timely provision of loan and loan
guarantee data, (2) contains information control systems for
loan and loan guarantee data, (3) is adequately staffed, and
(4) contains appropriate review and monitoring procedures.
EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES
Sec. 576. Section 105 of Public Law 104-164 (110 Stat.
1427) is amended by striking ``1996 and 1997'' and inserting
``1998 and 1999''.
ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR
FOREIGN COUNTRIES
Sec. 577. (a) Value of Additions to Stockpiles.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by inserting before the period at
the end the following: ``and $60,000,000 for fiscal year
1998''.
(b) Requirements Relating to the Republic of Korea and
Thailand.--Section 514(b)(2)(B) of such Act (22 U.S.C.
2321h(b)(2)(B)) is amended by adding at the end the
following: ``Of the amount specified in subparagraph (A) for
fiscal year 1998, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not
more than $20,000,000 may be made available for stockpiles in
Thailand.''.
DELIVERY OF DRAWDOWN BY COMMERCIAL TRANSPORTATION SERVICES
Sec. 578. Section 506 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318) is amended--
(1) in subsection (b)(2), by striking the period and
inserting the following: ``, including providing the Congress
with a report detailing all defense articles, defense
services, and military education and training delivered to
the recipient country or international organization upon
delivery of such articles or upon completion of such services
or education and training. Such report shall also include
whether any savings were realized by utilizing commercial
transport services rather than acquiring those services from
United States Government transport assets.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) For the purposes of any provision of law that
authorizes the drawdown of defense or other articles or
commodities, or defense or other services from an agency of
the United States Government, such drawdown may include the
supply of commercial transportation and related services that
are acquired by contract for the purposes of the drawdown in
question if the cost to acquire such commercial
transportation and related services
[[Page S7648]]
is less than the cost to the United States Government of
providing such services from existing agency assets.''.
SENSE OF THE SENATE REGARDING ESTONIA, LATVIA, AND LITHUANIA.
Sec. 579. It is the sense of the Senate that Estonia,
Latvia, and Lithuania--
(1) are to be commended for their progress toward political
and economic reform and meeting the guidelines for
prospective NATO members;
(2) would make an outstanding contribution to furthering
the goals of NATO and enhancing stability, freedom, and peace
in Europe should they become NATO members; and
(3) upon complete satisfaction of all relevant criteria
should be invited to become full NATO members at the earliest
possible date.
To Prohibit Foreign Assistance to the Government of Russia should it
enact laws which would discriminate against minority religious faiths
in the Russian Federation
Sec. 580. (a) None of the funds appropriated under this Act
may be made available for the Government of Russian
Federation unless the President determines and certifies in
writing to the Committee on Appropriations and the Committee
on Foreign Relations of the Senate that the Government of the
Russian Federation has enacted no statute or promulgated no
executive order that would discriminate, or would have as its
principal effect discrimination, against religious minorities
in the Russian Federation in violation of accepted
international agreements on human rights and religious
freedoms to which the Russian Federation is a signatory,
including the European Convention and the 1989 Vienna
Concluding Document of the Conference on Security and
Cooperation in Europe.
(b) This section shall become effective one day after the
enactment of this Act.
Sense of the Senate regarding support for countries of the South
Caucasus and Central Asia
Sec. 581. (a) Findings.--Congress makes the following
findings:
(1) The ancient Silk Road, once the economic lifeline of
Central Asia and the South Caucasus, traversed much of the
territory now within the countries of Armenia, Azerbaijan,
Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.
(2) Economic interdependence spurred mutual cooperation
among the peoples along the Silk Road and restoration of the
historic relationships and economic ties between those
peoples is an important element of ensuring their sovereignty
as well as the success of democratic and market reforms.
(3) The development of strong political and economic ties
between countries of the South Caucasus and Central Asia and
the West will foster stability in the region.
(4) The development of open market economies and open
democratic systems in the countries of the South Caucasus and
Central Asis will provide positive incentives for
international private investment, increased trade, and other
forms of commercial interactions with the rest of the world.
(5) The Caspian Sea Basin, overlapping the territory of the
countries of the South Caucasus and Central Asia, contains
proven oil and gas reserves that may exceed
$4,000,000,000,000 in value.
(6) The region of the South Caucasus and Central Asia will
produce oil and gas in sufficient quantities to reduce the
dependence of the United States on energy from the volatile
Persian Gulf region.
(7) United States foreign policy and international
assistance should be narrowly targeted to support the
economic and political independence of the countries of the
South Caucasus and Central Asia.
(b) Sense of the Senate.--It is the sense of the Senate
that the policy of the United States in the countries of the
South Caucasus and Central Asia should be--
(1) to promote sovereignty and independence with democratic
government;
(2) to assist actively in the resolution of regional
conflicts;
(3) to promote friendly relations and economic cooperation;
and
(4) to help promote market-oriented principles and
practices;
(5) to assist in the development of infrastructure
necessary for communications, transportation, and energy and
trade on an East-West axis in order to build strong
international relations and commerce between those countries
and the stable, democratic, and market-oriented countries of
the Euro-Atlantic Community; and
(6) to support United States business interests and
investments in the region.
(c) Definition.--In this section, the term ``countries of
the South Caucasus and Central Asia'' means Armenia,
Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan,
Turkmenistan, and Uzbekistan.
PROMOTION OF RELIGIOUS FREEDOM AND HUMAN RIGHTS
Sec. 582. (a) Reports.--Not later than March 30, 1998, and
each subsequent year thereafter, the Secretary of State shall
submit to the International Relations Committee of the House
of Representatives and the Foreign Relations Committee of the
Senate an annual report on religious persecution on a
country-by-country basis. Reports shall include a list of
individuals who have been materially involved in the
commission of acts of persecution that are motivated by a
person's religion.
(b) Prisoner Information Registry.--The Secretary of State
shall establish a Prisoner Information Registry which shall
provide information on all political prisoners, prisoners of
conscience, and prisoners of faith on a country-by-country
basis. Such information shall include the charges, judicial
processes, administrative actions, use of forced labor,
incidences of torture, length of imprisonment, physical and
health conditions, and other matters related to the
incarceration of such prisoners. The Secretary of State is
authorized to make funds available to nongovernmental
organizations presently engaged in monitoring activities
regarding such prisoners to assist in the creation and
maintenance of the registry.
(c) Sense of Congress Concerning Establishment of a
Commission on Security and Cooperation in Asia.--It is the
sense of the Congress that Congress, the President, and the
Secretary of State should work with the governments of the
People's Republic of China and other countries to establish a
Commission on Security and Cooperation in Asia which would be
modeled after the Commission on Security and Cooperation in
Europe.
UNITED STATES INTELLIGENCE ACTIVITIES RELATED TO MONITORING HUMAN
RIGHTS ABUSES AND RELIGIOUS PERSECUTION
Sec. 583. (a) In General.--The President shall devote
additional personnel and resources to gathering intelligence
information regarding human rights abuses and acts of
religious persecution.
(b) Report.--Not later than March 30, 1998, the President
shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report on the
number of personnel and resources that are being devoted to
gathering intelligence information regarding human rights
abuses and acts of religious persecution.
WILDLIFE CONSERVATION
Sec. 584. Of the funds appropriated by this Act, not more
than $2,900,000 may be made available for the Communal Areas
Management Programme for Indigenous Resources (CAMPFIRE) in
Zimbabwe: Provided, That none of the funds appropriated by
this Act may be used to directly finance the trophy hunting
of elephants or other endangered species as defined in the
Convention on International Trade in Endangered Species of
Flora and Fauna (CITES) or the Endangered Species Act:
Provided further, That the funds appropriated by this Act
that are provided under the CAMPFIRE program may not be used
for activities with the express intent to lobby or otherwise
influence international conventions or treaties, or United
States Government decision makers: Provided further, That
funds appropriated by this Act that are made available for
the CAMPFIRE program may be used only in Zimbabwe for the
purpose of maximizing benefits to rural people while
strengthening natural resources management institutions:
Provided further, That not later than March 1, 1998, the
Administrator of the Agency for International Development
shall submit a report to the appropriate congressional
committees describing the steps taken to implement the
CAMPFIRE program, the impact of the program on the people and
wildlife of CAMPFIRE districts, alternatives to trophy
hunting as a means of generating income for CAMPFIRE
districts, and a description of how funds made available for
CAMPFIRE in fiscal year 1998 are to be used.
DEMOCRACY-BUILDING ACTIVITY IN PAKISTAN
Sec. 585. (a) OPIC.--Section 239(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2199(f)) is amended by
inserting ``, or Pakistan'' after ``China''.
(b) Training Activity.--Section 638(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2398(b)) is amended--
(1) by inserting ``or any activity to promote the
development of democratic institutions'' after ``activity'';
and
(2) by inserting ``, Pakistan,'' after ``Brazil''.
(c) Trade and Development.--It is the sense of Congress
that the Director of the Trade and Development Agency should
use funds made available to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421) to promote United States exports to Pakistan.
SENSE OF THE SENATE ON THE EUROPEAN COMMISSION'S HANDLING OF THE BOEING
AND MCDONNELL DOUGLAS MERGER
Sec. 586. (a) Findings.--(1) The Boeing Company and
McDonnell Douglas have announced their merger; and
(2) the Department of Defense has approved that merger as
consistent with the national security of the United States;
and
(3) the Federal Trade Commission has found that merger not
to violate the anti-trust laws of the United States; and
(4) the European Commission has consistently criticized and
threatened the merger before, during and after its
consideration of the facts; and
(5) the sole true reason for the European Commission's
criticism and imminent disapproval of the merger is to gain
an unfair competitive advantage for Airbus, a government
owned aircraft manufacturer.
(b) Sense of Senate.--Now therefore, it is the sense of the
Senate that--
(1) any such disapproval on the part of the European
Commission would constitute an unwarranted and unprecedented
interference
[[Page S7649]]
in a United States business transaction that would threaten
thousands of American aerospace jobs; and
(2) the Senate suggests that the President take such
actions as he deems appropriate to protect United States
interests in connection therewith.
restriction on assistance made to the palestinian authority
Sec. 587. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended with
respect to providing funds to the Palestinian Authority,
unless the President certifies to Congress that--
(1) the Palestinian Authority is using its maximum efforts
to combat terrorism, and, in accordance with the Oslo
Accords, has ceased the use of violence, threat of violence,
or incitement to violence as a tool of the Palestinian
Authority's policy toward Israel;
(2) after a full investigation by the Department of
Justice, the Executive branch of Government concludes that
Chairman Arafat had no prior knowledge of the World Trade
Center bombing; and
(3) after a full inquiry by the Department of State, the
Executive branch of Government concludes that Chairman Arafat
did not authorize and did not fail to use his authority to
prevent the Tel Aviv cafe bombing of March 21, 1997.
Use of Funds for the United States-Asia Environmental Partnership
Sec. 588. Notwithstanding any other provision of law that
restricts assistance to foreign countries, funds appropriated
by this or any other Act making appropriations pursuant to
part I of the Foreign Assistance Act of 1961 that are made
available for the United States-Asia Environmental
Partnership may be made available for activities for the
People's Republic of China.
Requirements for the Reporting to Congress of the Costs to the Federal
Government Associated with the Proposed Agreement to Reduce Greenhouse
Gas Emissions
Sec. 589. The President shall provide to the Congress a
detailed account of all Federal agency obligations and
expenditures for climate change programs and activities,
domestic and international, for fiscal year 1997, planned
obligations for such activities in fiscal year 1998, and any
plan for programs thereafter in the context of negotiations
to amend the Framework Convention on Climate Change (FCCC) to
be provided to the appropriate congressional committees no
later than October 15, 1997.
AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING
Sec. 590. (a) In General.--Section 235(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)) is amended--
(1) by striking paragraphs (1) and (2)(A) and inserting the
following:
``(1) Insurance and financing.--(A) The maximum contingent
liability outstanding at any one time pursuant to insurance
issued under section 234(a), and the amount of financing
issued under sections 234 (b) and (c), shall not exceed in
the aggregate $29,000,000,000.'';
(2) by redesignating paragraph (3) as paragraph (2); and
(3) by amending paragraph (2) (as so redesignated) by
striking ``1997'' and inserting ``1999''.
(b) Conforming Amendment.--Paragraph (2) of section 235(a)
of that Act (22 U.S.C. 2195(a)), as redesignated by
subsection (a), is further amended by striking ``(a) and
(b)'' and inserting ``(a), (b), and (c)''.
withholding assistance to countries violating united nations sanctions
against libya
Sec. 591. (a) Withholding of Assistance.--Except as
provided in subsection (b), whenever the President determines
and certifies to Congress that the government of any country
is violating any sanction against Libya imposed pursuant to
United Nations Security Council Resolution 731, 748, or 883,
then not less than 5 percent of the funds allocated for the
country under section 653(a) of the Foreign Assistance Act of
1961 out of appropriations in this Act shall be withheld from
obligation and expenditure for that country.
(b) Exception.--The requirement to withhold funds under
subsection (a) shall not apply to funds appropriated in this
Act for allocation under section 653(a) of the Foreign
Assistance Act of 1961 for development assistance or for
humanitarian assistance.
War Crimes Prosecution
Sec. 592. Section 2401 of title 18, United States Code
(Public Law 104-192; the War Crimes Act of 1996) is amended
as follows--
(1) in subsection (a), by striking ``commits a grave breach
of the Geneva Conventions'' and inserting in lieu thereof
``commits a war crime'';
(2) in subsection (b)--
(A) by striking ``the person committing such breach or the
victim of such breach'' and inserting in lieu thereof ``the
person committing such crime or the victim of such crime'';
and
(B) by inserting before the period at the end of the
subsection ``or that the person committing such crime is
later found in the United States after such crime is
committed'';
(3) in subsection (c)--
(A) by striking ``the term `grave breach of the Geneva
Conventions' means conduct defined as'' and inserting in lieu
thereof ``the term `war crime' means conduct (1) defined
as''; and
(B) by inserting the following before the period at the
end--
``; (2) prohibited by Articles 23, 25, 27, or 28 of the
Annex to the Hague Convention IV, Respecting the Laws and
Customs of War on Land, signed on October, 1907; (3) which
constitutes a violation of common Article 3 of the
international conventions signed at Geneva on August 1949; or
(4) of a person who, in relation to an armed conflict and
contrary to the provisions of the Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-traps and Other
Devices as amended at Geneva on 3 May 1996 (Protocol II as
amended on 3 May 1996), when the United States is a party to
such Protocol, willfully kills or causes serious injury to
civilians'';
(4) by adding a new subsection (d) to read as follows:
``(d) Notification.--No prosecution of any crime prohibited
in this section shall be undertaken by the United States
except upon the written notification to the Congress by the
Attorney General or his designee that in his judgment a
prosecution by the United States is in the national interest
and necessary to secure substantial justice.''.
REFORM AND REVIEW OF UNITED STATES SPONSORED TRAINING PROGRAMS
Sec. 593. (a) Findings.--Congress makes the following
findings:
(1) United States training of members of Latin American
military and security forces that occurred primarily at the
Army School of the Americas between 1982 and 1991 has been
severely criticized for promoting practices that have
contributed to the violation of human rights and have
otherwise been inconsistent with the appropriate role of the
Armed Forces in a democratic society.
(2) Numerous members of Latin American military and
security forces who have participated in United States
sponsored training programs, have subsequently been
identified as having masterminded, participated in, or sought
to cover up some of the most heinous human rights abuses in
the region.
(3) United States interests in Latin America would be
better served if Latin American military personnel were
exposed to training programs designed to promote--
(A) proper management of scarce national defense resources,
(B) improvements in national systems of justice in
accordance with internationally recognized principles of
human rights, and
(C) greater respect and understanding of the principle of
civilian control of the military.
(4) In 1989, Congress mandated that the Department of
Defense institute new training programs (commonly referred to
as expanded IMET) with funds made available for international
military and education programs in order to promote the
interests described in paragraph (3). Congress also expanded
the definition of eligibility for such training to include
non-defense government personnel from countries in Latin
America.
(5) Despite congressionally mandated emphasis on expanded
IMET training programs, only 4 of the more than 50 courses
offered annually at the United States Army School of the
Americas qualify as expanded IMET.
(b) Limitation on Use of Funds.--Notwithstanding any other
provision of law, none of the funds appropriated in this Act
under the heading relating to international military
education and training may be made available for training
members of any Latin American military or security force
until--
(1) the Secretary of Defense has advised the Secretary of
State in writing that 30 percent of IMET funds appropriated
for fiscal year 1998 for the cost of Latin American
participants in IMET programs will be disbursed only for the
purpose of supporting enrollment of such participants in
expanded IMET courses; and
(2) the Secretary of State has identified sufficient
numbers of qualified, non-military personnel from countries
in Latin America to participate in IMET programs during
fiscal year 1998 in consultation with the Secretary of
Defense, and has instructed United States embassies in the
hemisphere to approve their participation in such programs so
that not less than 25 percent of the individuals from Latin
American countries attending United States supported IMET
programs are civilians.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of State shall report in
writing to the appropriate committees of Congress on the
progress made to improve military training of Latin American
participants in the areas of human rights and civilian
control of the military. The Secretary shall include in the
report plans for implementing additional expanded IMET
programs for Latin America during the next 3 fiscal years.
LIBERATION TIGERS OF TAMIL EELAM
Sec. 594. Sense of Senate.--It is the sense of the Senate
that the Department of State should list the Liberation
Tigers of Tamil Eelam as a terrorist organization.
LIMITATION ON INTERNATIONAL MILITARY EDUCATION AND TRAINING ASSISTANCE
FOR PERU
Sec. 595. None of the funds appropriated or otherwise made
available by this Act may be provided to the Government of
Peru for international military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961,
unless the President certifies to Congress that the
Government of Peru is taking all necessary steps to ensure
[[Page S7650]]
that United States citizens held in prisons in Peru are
accorded timely, open, and fair legal proceedings in civilian
courts.
LIMIT AID TO THE GOVERNMENT OF CONGO UNTIL PRESIDENTIAL CERTIFICATION
Sec. 596. None of the funds appropriated or otherwise made
available by this Act may be provided to the Government of
Congo until such time as the President reports in writing to
the Congress that the Government of Congo is cooperating
fully with investigators from the United Nations or any other
international relief organizations in accounting for human
rights violations or atrocities committed in Congo or
adjacent countries.
Titles I through V of this Act may be cited as the
``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998''.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. Mr. President, I see the chairman of the
Appropriations Committee in the Chamber. I just want to make the point
that I think we must have achieved some kind of record here in light
of, in 3 days, having passed four bills. I congratulate him on his
leadership, which has pushed us in that direction very skillfully.
Mr. STEVENS. Mr. President, if the Senator will yield, I congratulate
the two managers of this bill, Senator McConnell and Senator Leahy, for
accomplishing almost the impossible-- to have the foreign assistance
bill passed in this manner.
We had a meeting at the beginning of this year when I became chairman
and talked about trying to have a program of crisis avoidance, and this
is a good example of it. These two Senators have worked with all
Members who had amendments and tried to accommodate them, at least
dealt with most of them, and the result is on the floor being able to
pass this bill, and it is a great bill. What was the final vote?
Mr. McCONNELL. It was 91 to 8.
Mr. STEVENS. I can remember the days when this bill was filibustered
for days and days and days. It is really a tribute to the two managers
for having accomplished this, and I congratulate them very much.
Mr. LEAHY. Mr. President, if the Senator from Alaska will yield, I
say for my colleagues one of the joys of the Appropriations Committee
is that there are a lot of senior Members on both sides of the aisle
who are used to working with each other to build the kind of personal
relationships that are necessary. I cherish my own friendship with the
Senator from Alaska and the Senator from Kentucky. We have worked
together on a lot of different pieces of legislation, not just this one
but a lot of others, and I think we understand there are certain things
that can be done and certain things that cannot be done, and we go for
the possible.
I note that this is a record, and I commend the Senator from Kentucky
for getting it through so rapidly. But it is a case, again, I would say
to the chairman of the Appropriations Committee, who sat down with us
and tried to give us leeway, a realistic schedule, of the ability to
work out many things even before they got to the floor.
I have been both a manager and the ranking member of a lot of pieces
of legislation. What has been happening with the appropriations bills
is a model of the way it should be done--move them, move them quickly.
People have an issue; vote on it and move on to the next thing. The
Senate is better served. The country is better served.
I commend my two colleagues for their help.
Mr. McCONNELL. Mr. President, I, too, thank my good friend, Pat
Leahy, for his marvelous cooperation and also extend my thanks to Steve
Cortese, director of the full committee, who has been a joy to work
with, and Tim Rieser of Senator Leahy's staff and, of course, long-time
foreign policy adviser, now staff director of the subcommittee, Robin
Cleveland, and Billy Piper and Will Smith, who have done yeoman service
and outstanding work on this. I thank them.
I yield the floor.
Mr. LEAHY. Mr. President, I also want to compliment Robin Cleveland
and Will Smith of the committee staff and Billy Piper of Senator
McConnell's staff, and, of course, as he has already mentioned, Tim
Rieser of my staff, who has done so much on this, Emily East from the
appropriations staff; Lesley Carson, who is a Javits scholar with the
appropriations subcommittee; Dick D'Amato, a long-time member of the
appropriations staff, and John Rosenwasser from the Budget Committee.
There is an awful lot that goes on among staff to make this possible.
We do not have the expertise of the staff. We cannot move a bill this
quickly no matter how hard we Senators may try, and I commend the staff
on both sides of the aisle in this case.
The PRESIDING OFFICER. The Senator from Connecticut.
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