Congressional Record, Volume 143 Issue 110 (Wednesday, July 30, 1997)

[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[House]
[Pages H6380-H6402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 1998

The SPEAKER pro tempore. Pursuant to the order of the House of
Thursday, July 24, 1997, and rule XXIII, the Chair declares the House
in the Committee of the Whole House on the State of the Union for the
further consideration of the bill, H.R. 2159.

{time} 2130

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole

[[Page H6381]]

House on the State of the Union for the further consideration of the
bill (H.R. 2159) making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending September
30, 1998, and for other purposes, with Mr. Thornberry in the chair.
The Clerk read the title of the bill.

{time} 2130

The CHAIRMAN. When the Committee of the Whole rose earlier today, the
amendment offered by the gentleman from Texas [Mr. Paul] had been
disposed of and the bill has been read through Page 30, Line 3.
Mr. CALLAHAN. Mr. Chairman, I ask unanimous consent that the
Amendment No. 1 by the gentleman from New Jersey [Mr. Smith] provided
for under the rule and debatable for 40 minutes and Amendment No. 2 by
the gentleman from New York [Mr. Gilman] provided for by the order of
the House of July 24 and debatable for 40 minutes, to title V, and
Amendment No. 19 by the gentleman from California [Mr. Torres],
Amendment No. 1 by the gentleman from Massachusetts [Mr. Kennedy],
Amendment No. 30 by the gentleman from Massachusetts [Mr. Kennedy], and
Amendment Nos. 17 and 18 by the gentleman from California [Mr. Torres]
will be in order at a later time during the reading of the bill
notwithstanding that title V may be closed.
The CHAIRMAN. Is there objection to the request of the gentleman from
Alabama?
There was no objection.
Mr. CALLAHAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, there will be no more recorded votes tonight. We will
set aside all amendments dealing with Population Planning and the
School of Americas until tomorrow. We will continue to offer amendments
tonight and debate them and roll votes on all amendments that require a
vote until tomorrow.
I expect we will be working tonight on this bill until about 10:30 or
so, and I urge the Members to stay and offer amendments that were not
included in the unanimous-consent request tonight.
Ms. HARMAN. Mr. Chairman, I move to strike the last word, and I rise
for the purpose of engaging in a colloquy with my friend and colleague
the gentleman from Alabama [Mr. Callahan], chairman of the Subcommittee
on Foreign Operations, Export Financing and Related Programs.
I want to commend the committee for including in the foreign
operations appropriations bill language conditioning the availability
of the funds appropriated for Russia on the certification that Russia
has ceased providing assistance to Iran's nuclear and ballistic missile
programs.
As my colleague is aware, in the very fluid Russian environment of
today certain entities may be engaging in proliferation of ballistic
missile technology without the consent of the Russian Government. The
bill, as currently formulated, sends a strong message to the Russian
Government about its own transactions with Iran, but it is vague on
what the United States reaction will be if nongovernmental entities
engage in proliferation.
I seek to ensure that in further deliberations in conference and in
committee my colleague will explore effective means to prevent Russian
entities from engaging in further missile technology trade with Iran,
whether they operate with the authorization of the Russian Government
or without.
For this purpose as well, Senator Kyl and I have introduced a
bipartisan concurrent resolution expressing the sense of Congress that
proliferation by Russian Governmental and nongovernmental entities must
stop. Our resolution calls on the President to impose sanctions if
Russia does not halt these activities and to take further action
regarding our cooperation with Russia.
Let me clarify finally that the resolution offered by Senator Kyl and
me is not intended to affect the Cooperative Threat Reduction program,
which I fully support, but we need to be clear that those individuals
who proliferate will be penalized with the tools the U.S. has
available.
Mr. CALLAHAN. Mr. Chairman, will the gentlewoman yield?
Ms. HARMAN. I yield to the gentleman from Alabama.
Mr. CALLAHAN. Mr. Chairman, I fully agree with the gentlewoman from
California's concerns regarding media reports of Russian missile
transfers to Iran. This is an extremely serious issue, and she is right
to draw attention to it. Her earlier discussions with the committee on
this issue were greatly appreciated. The committee has focused on this
issue under the leadership of the gentleman from California [Mr.
Packard], and the bill before us contains very tough language on this
subject. Last year's public law contained language prohibiting aid to
the Government of Russia unless it terminated nuclear transfers to
Iran, along with an ``important to the national security interest''
waiver which the administration has regularly used. This year the
committee bill prohibits aid to the Government of Russia if it
cooperates with Iran in the nuclear and missile areas. The waiver was
raised to vital national security interests, which is a very high
standard. If the President does use it, only 50 percent of the funds
can be made available. This is very tough language, which reflects the
House view, and this is an extremely serious problem.
Mr. Chairman, I appreciate the gentlewoman's leadership and her
attention to this issue.
Ms. HARMAN. Mr. Chairman, I thank the gentleman from Alabama for his
support and pledge to work with him, the committee and the full House
and the other body to ensure that this activity is corrected.
Mr. EWING. Mr. Chairman, I move to strike the last word. I would like
to engage in a colloquy with the gentleman from Alabama [Mr. Callahan].
Mr. Chairman, I have filed an amendment to H.R. 2159 to cut funding
for Peru under the international military education and training
program unless the President reports to Congress that the Government of
Peru is working to provide timely, open and fair legal proceedings
against American citizens held in jail in Peru. This is done as a
result of the unconscionable treatment of Jennifer Davis who has been
held for 8 months in a Peruvian prison without any of her proper due
process rights.
I will not offer that amendment because it is my understanding it
would be ruled in violation of legislating on appropriations rule.
However, this amendment was adopted in the Senate, and I strongly
encourage the chairman to agree to this amendment during conference
with the Senate.
I would like to thank the gentleman for including report language in
H.R. 2159 at my request, which expresses the concern of the committee
about the fate of American citizens being imprisoned in Peru. This
language, coupled with the amendment I just mentioned, should send a
strong message to Peru that the United States Congress is finding it
more and more difficult to justify sending foreign aid to Peru when
that country fails to respect the basic human rights to timely and fair
legal actions.
Mr. CALLAHAN. Mr. Chairman, will the gentleman yield?
Mr. EWING. I yield to the gentleman from Alabama.
Mr. CALLAHAN. Mr. Chairman, I share the gentleman's concerns on this
very important issue, and I appreciate the gentleman drawing it to the
committee's attention. Because of his concerns and concerns voiced by
other Members, we have included specific language on this issue in our
report. I can assure the gentleman we will consider this issue in
conference and we will work closely with the gentleman in conveying our
concerns to the State Department and to the government of Peru.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

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, $3,259,250,000: Provided, That funds
appropriated by this paragraph that are made available for
Israel and Egypt shall be made available only as grants:
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
shall, 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 funds made

[[Page H6382]]

available under this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That none of the funds
made available under this heading shall be available for any
non-NATO country participating in the Partnership for Peace
Program except through the regular notification procedures of
the Committees on Appropriations.
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, $60,000,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $657,000,000:
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 funds
appropriated under this heading 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: $105,000,000 only for Greece and $150,000,000 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 funds made available under this heading shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under
this heading shall be available for Sudan and Liberia:
Provided further, That funds made available under this
heading may be used, notwitstanding 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 none of the funds appropriated under this
heading shall be available for Guatemala: Provided further,
That not more than $350,000,000 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,
$77,500,000: Provided, That none of the funds appropriated
under this paragraph shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.

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), $35,000,000, 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, $606,000,000, for the United
States contribution to the eleventh replenishment, to remain
available until expended: Provided, That none of the funds
may be obligated until the Secretary of the Treasury
certifies to the Committees on Appropriations that
procurement restrictions applicable to the United States
under the terms of the Interim Trust Fund have been lifted
and that the total unobligated balance available for open
competition has been released.

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 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), $100,000,000, to remain
available until expended.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $25,000,000, to remain available until
expended.

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.

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 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, $194,000,000: 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 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 not more than one-half of this
amount may be provided to UNFPA before March 1, 1998, and
that no later than February 15, 1998, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the People's
Republic of China in 1998: Provided further, That any amount
UNFPA plans to spend in the People's Republic of China in
1998 shall be deducted from the amount of funds provided to
UNFPA after March 1, 1998, pursuant to the previous provisos:
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

[[Page H6383]]

heading may be made available to the Korean Peninsula Energy
Development Organization (KEDO) or the International Atomic
Energy Agency (IAEA): Provided further, That none of the
funds appropriated under this heading may be made available
to the United Nations development group or any similar
organization.

TITLE V--GENERAL PROVISIONS

OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 per centum of any appropriation item made available
by this Act shall be obligated during the last month of
availability.

PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS

Sec. 502. Notwithstanding section 614 of the Foreign
Assistance Act of 1961, as amended, 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, Anti-terrorism,
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.

Parliamentary Inquiry

Mr. BEREUTER. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN. The gentleman will state his parliamentary inquiry.
Mr. BEREUTER. Mr. Chairman, would it be appropriate now for the
gentleman to offer an amendment to title V?
The CHAIRMAN. Only to the section being read within title V.
Mr. CALLAHAN. Mr. Chairman, I ask unanimous consent that the
remainder of title V of the bill through page 93, line 15 be considered
as read and printed in the Record and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Alabama?
Mr. DINGELL. Reserving the right to object, Mr. Chairman, what is the
request?
The CHAIRMAN. The request by the gentleman from Alabama is that the
remainder of title V of the bill through page 93, line 15 be considered
as read, printed in the Record and open to amendment at any point.
Is there objection to the request of the gentleman from Alabama?
Mr. DINGELL. Further reserving the right to object, Mr. Chairman, as
I understood, it opens up the bill through page 93, line 15; is that
correct?
Mr. CALLAHAN. Mr. Chairman, will the gentleman yield?
Mr. DINGELL. I yield to the gentleman from Alabama.
Mr. CALLAHAN. On page 93 through line 15, yes.
Mr. DINGELL. Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Alabama?
There was no objection.
The text of the bill from page 42, line 3 through page 93, line 15 is
as follows:

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: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.

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 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

[[Page H6384]]

made available in this Act or during the current fiscal year
for Nicaragua and Liberia, 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: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(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 purposes of providing the Executive
Branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Disease Programs Fund'', ``Development Assistance'',
``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 under the
Treaty of Peace Between the Arab Republic of Egypt and the
State of Israel, done at Washington on March 26, 1979, Israel
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 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.

authorization for population planning

Sec. 518A. Not to exceed $385,000,000 of the funds
appropriated in title II of this Act may be made available
for population planning activities or other population
assistance.

REPORTING REQUIREMENT

Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of
the Arms Export Control Act.

SPECIAL NOTIFICATION REQUIREMENTS

Sec. 520. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, Haiti, Liberia,
Pakistan, Panama, Peru, Russia, Serbia, Sudan, or the
Democratic Republic of Congo except as provided through the
regular notification procedures of the Committees on
Appropriations.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined

[[Page H6385]]

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 AND AIDS ACTIVITIES

Sec. 522. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child
survival, 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 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. 523. 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. 524. 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. 525. 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. 526. Funds appropriated by this Act may be obligated
and expended subject to 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. 527. (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. 528. 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. 528A. 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. 529. 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. 530. 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.

SEPARATE ACCOUNTS

Sec. 531. (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

[[Page H6386]]

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. 532. (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. 533. 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. 534. 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.

EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO CLOSE THE SPECIAL DEFENSE
ACQUISITION FUND

Sec. 535. Title III of Public Law 103-306 is amended under
the heading ``Special Defense Acquisition Fund'' by striking
``1998'' and inserting ``2000''.

CASH FLOW FINANCING

Sec. 536. For each country that has been approved for cash
flow financing (as defined in section 25(d) of the Arms
Export Control Act, as added by section 112(b) of Public Law
99-83) under the Foreign Military Financing Program, any
Letter of Offer and Acceptance or other purchase agreement,
or any amendment thereto, for a procurement in excess of
$100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted
through the regular notification procedures to the Committees
on Appropriations.

AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN FOUNDATION AND THE
AFRICAN DEVELOPMENT FOUNDATION

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
Inter-American Foundation Act, or the African Development
Foundation Act. The appropriate 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
(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
Cambodia, and for victims of war, displaced children,
displaced Burmese, humanitarian assistance for Romania, and
humanitarian assistance for the peoples of Bosnia and
Herzegovina, Croatia, and 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) 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 decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and
disappointing; and
(3) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal
relations with their neighbor Israel; and
(4) 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

[[Page H6387]]

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 country;
(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 to expand the process of normalizing ties
between Arab League countries and 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 and 10 and 11
of part I, and chapter 4 of part II, of the Foreign
Assistance Act of 1961: 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: Provided, That not to exceed
$500,000 may be made available to carry out the provisions of
section 316 of Public Law 96-533.

use of american resources

Sec. 547. To the maximum extent possible, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.

prohibition of payments to united nations members

Sec. 548. 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. 549. 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. 550. 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. 551. (a) None of the funds appropriated or otherwise
made available by this Act may 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 April 24, 1996.
(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 estimated 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. 552. (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 percent 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.

[[Page H6388]]

limitation on assistance for the plo for the west bank and gaza

Sec. 553. 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. 554. Not to exceed 5 percent 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 percent 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

Sec. 555. 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 60 days after
the date of enactment of this Act, and every 180 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. 556. 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. 557. 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. 558. 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.

equitable allocation of funds

Sec. 559. Not more than 18 percent of the funds
appropriated by this Act to carry out the provisions of
sections 103 through 106 and chapter 4 of part II of the
Foreign Assistance Act of 1961, that are made available for
Latin America and the Caribbean region may be made available,
through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country in
such region.

purchase of american-made equipment and products

Sec. 560. (a) Sense of Congress.--It is the sense of the
Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in
this Act should be American-made.
(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.

limitation of funds for north american development bank

Sec. 561. None of the Funds appropriated in this Act under
the heading ``North American Development Bank'' and 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.

international development association

Sec. 562. In order to pay for the United States
contribution to the eleventh replenishment of the resources
of the International Development Association, there are
authorized to be appropriated, without fiscal year
limitation, $606,000,000 for payment by the Secretary of the
Treasury.

special debt relief for the poorest

Sec. 563. (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. 564. (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, 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 percent 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

[[Page H6389]]

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''.

guatemala

Sec. 565. (a) Funds provided in this Act may be made
available for the Guatemalan military forces, and the
restriction on Guatemala under the heading ``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 to implement the 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) or
(b) shall be subject to the regular notification procedures
of the Committees on Appropriations.

sanctions against countries harboring war criminals

Sec. 566. (a) Bilateral Assistance.--The President is
authorized to 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
should 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 for the purpose
of evading prosecution, where such persons--
(1) have been indicted by the International Criminal
Tribunal for the former Yugoslavia, the International
Criminal Tribunal for Rwanda, or any other international
tribunal with similar standing under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933
and ending on May 8, 1945 under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.

limitation on assistance for haiti

Sec. 567. (a) Limitation.--None of the funds appropriated
or otherwise made available by this Act, may be provided to
the Government of Haiti until the President reports to
Congress that--
(1) the Government is conducting thorough investigations of
extrajudicial and political killings that have taken place in
Haiti since February 12, 1996; and
(2) the Government has completed privatization of (or
placed under long-term private management contract) at least
three major public enterprises.
(b) Nothing in this section shall be construed to restrict
the provision of humanitarian, law enforcement,
antinarcotics, or electoral assistance.
(c) The President may waive the requirements of this
section on a semiannual basis if he determines and certifies
to the appropriate committees of Congress that it is in the
national interest of the United States.

requirement for disclosure of foreign aid in report of secretary of
state

Sec. 568. (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 1997.
(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)).

restrictions on voluntary contributions to united nations agencies

Sec. 569. (a) Prohibition on Voluntary Contributions for
the United Nations.--None of the funds appropriated or
otherwise made available by this Act may be made available to
pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development
Program) if the United Nations implements or imposes any
taxation on any United States persons.
(b) Certification Required for Disbursement of Funds.--None
of the funds appropriated or otherwise made available under
this Act may be made available to pay any voluntary
contribution of the United States to the United Nations
(including the United Nations Development Program) unless the
President certifies to the Congress 15 days in advance of
such payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United States
persons in order to raise revenue for the United Nations or
any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United
States person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.

north korea

Sec. 570. Ninety days after the date of enactment of this
Act, and every 180 days thereafter, the Secretary of State,
in consultation with the Secretary of Defense, shall provide
a report in a classified or unclassified form to the
Committee on Appropriations including the following
information:
(a) a best estimate on fuel used by the military forces of
the Democratic People's Republic of Korea (DPRK);
(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the
associated costs of these activities;
(c) steps taken to reduce the DPRK level of forces; and
(d) cooperation, training, or exchanges of information,
technology or personnel between the DPRK and any other nation
supporting the development or deployment of a ballistic
missile capability.

The CHAIRMAN. Are there amendments to this portion of the bill?

Amendment No. 53 Offered by Mr. Bereuter

Mr. BEREUTER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment No. 53 offered by Mr. Bereuter:
At the end of the bill, insert after the last section--
preceding the short title--the following new section:
Sec. . (a). None of the funds appropriated in this Act may
be made available directly to the Government of Cambodia.

Mr. BEREUTER. Mr. Chairman, this Member rises today as the chairman
of the Subcommittee on Asia and the Pacific to offer an amendment to
this legislation concerning provision of United States assistance to
the Government of Cambodia. This Member's amendment would terminate
United States foreign assistance to the Government of Cambodia, but is
designed to allow continued humanitarian assistance to flow to
humanitarian nongovernmental organizations and pro-democracy funds to
flow through the National Endowment for Democracy. It would, however,
prevent development assistance from going to the tyrants who have
seized power in Phnom Penh.
Mr. Chairman, the 4-year-old experiment with democracy in Cambodia is
in dire straits, and a tyrant has seized power through the force of
arms, intimidation, terror, and summary executions. Few people have
experienced as much pain, suffering, and terror as the people of
Cambodia have over the

[[Page H6390]]

last 30 years. Ravaged by the war in Indochina, bled white by the
genocidal regime of Pol Pot and the Khmer Rouge, and subjugated by a
Communist government fronted by the leader of the coup d'etat, Hen Sen,
a former member of the Khmer Rouge himself, Cambodia and the United
States find themselves on all too familiar ground.

{time} 2145

After nearly $3 billion in aid and assistance in the first democratic
elections in the history of this country, Cambodians are again facing
the domination of a ruthless tyrant who murders his opponents,
terrorizes the population, and profits from narco-trafficking and
corruption. Yet, Hun Sen claims that he respects the rule of law and
the wishes of the people, who roundly rejected him and his party at the
polls, and tells the international community that supplies over 40
percent of the Cambodian budget to mind its own business and to stay
out of Cambodian affairs.
Mr. Chairman, the United States continually urges other nations to
respect the rule of law, but in the case of Cambodia the Clinton
administration is demonstrating that it will ignore a law that is
inconvenient. Section 508 of the Foreign Operations Export Financing
and Related Programs Appropriations Act of 1997 terminates U.S.
assistance to any country whose duly-elected head of government is
deposed by a military coup until such time that the President
determines that a democratically-elected government has taken office.
The Clinton administration has refused to observe this law regarding
Cambodia, claiming that what has happened earlier this month was not
really a coup. This Member regrets to say that our articulate, plain-
speaking Secretary of State does not at this point seem to have the
word ``coup'' in her vocabulary when it comes to Cambodia.
At a hearing of the Subcommittee on Asia and the Pacific 2 weeks ago
on the Cambodian crisis, the State Department witness stated that if
the administration actually obeyed the law it would close off too many
options for U.S. foreign policy. This Member submits that the
administration does not have the option to ignore the provisions of
Section 508.
Mr. Chairman, this amendment seeks to cut off all direct U.S.
assistance to the Government of Cambodia. The U.S. cannot give any
support, political, material, or otherwise, to the illegal regime of
Hun Sen. This Member would also like to commend the efforts of the
chairman of the Committee on International Relations, the gentleman
from New York [Mr. Gilman] and the ranking member of that committee,
the gentleman from Indiana [Mr. Hamilton] for joining this Member in
leading the effort in the House to address the Cambodian crisis.
This Member would also like to commend the gentleman from California
[Mr. Rohrabacher], the gentleman from Iowa [Mr. Leach], and the ranking
minority member of the Subcomittee on Asia and the Pacific, the
gentleman from California [Mr. Berman] for their efforts on this issue.
With their support, this Chamber passed House Resolution 195 on
Cambodia on Monday, which, among other things, expressed the sense of
the House that such aid should be cut off to Hun Sen's regime by the
invocation of Section 508. Therefore, this amendment is appropriate.
Mr. Chairman, I urge support of this amendment which prohibits aid to
the Government of Cambodia.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. BEREUTER. I yield to the gentleman from New York..
Mr. GILMAN. I thank the gentleman for yielding to me, Mr. Chairman.
Mr. Chairman, I rise in strong support of this amendment to end aid
to the Government of Cambodia offered by our distinguished chairman of
the Subcommittee on Asia and the Pacific, the gentleman from Nebraska
[Mr. Bereuter].
This timely amendment rightfully cuts off direct aid to the Cambodian
Government, which just underwent a violent coup d'tat at the hands of
the former Khmer Rouge tyrant, Hun Sen. This unconstitutional act by
Hun Sen and his cronies has resulted in the murder of tens of
opposition leaders, the arrest of hundreds, and the fleeing of
thousands, all of this at a time when the future of Cambodia looked
bright.
The United States and this body must show the kind of leadership the
world expects of us, and take decisive actions against this illegal and
unacceptable forcible removal of the democratically elected Government
in Cambodia. Cutting off aid to an assistance-hungry government like
Cambodia is an appropriate response and the amendment of the gentleman
from Nebraska [Mr. Bereuter] does just that.
Accordingly, I urge my colleagues to support the amendment of the
distinguished gentleman from Nebraska.
Ms. LOFGREN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I share the concern that has just been expressed by the
chairman of the subcommittee and the chairman of the full committee
about the outrages that are currently going on in Cambodia. Just this
week, we read in the Washington Post accounts of what has gone on.
These were confirmed by numerous reports of torture, Hun Sen's forces
capturing individuals, gouging out the eyes of people who they were
interrogating, and then killing them; cases of bodies found with hands
tied behind their backs, bullets in the head, fingernails pulled out,
tongues yanked from mouths with pliers before the murder was done.
This is the kind of outrage that occurred during the regime of Pol
Pot. I hope that our country can act with a great deal of strength this
time to prevent the Holocaust from growing.
Mr. Chairman, I feel a personal stake in this in a sense because of
the number of individuals I have met in this country, Cambodian
Government officials, who have since been murdered. I think of those
young individuals who were democrats with a small d, and they have now
given their lives for democracy. We need to stand up for them.
I appreciate the amendment being offered by the chairman of the
subcommittee. However, I am mindful, I do not know if the gentleman
from California [Mr. Rohrabacher] intends to offer his amendment.
Mr. ROHRABACHER. Mr. Chairman, will the gentlewoman yield?
Ms. LOFGREN. I yield to the gentleman from California.
Mr. ROHRABACHER. Mr. Chairman, I do plan to offer my amendment when
given the opportunity. It is very similar to that of the gentleman from
Nebraska [Mr. Bereuter], but it goes a little further. I am supporting
the amendment offered by the gentleman from Nebraska, but I will be
offering mine as well.
Ms. LOFGREN. Reclaiming my time, Mr. Chairman, I understand what the
gentleman is doing, but in this case I think that the amendment offered
by the gentleman from California [Mr. Rohrabacher] to the amendment
which takes this step a little farther really merits our attention.
Mr. BEREUTER. Mr. Chairman, will the gentlewoman yield?
Ms. LOFGREN. I yield to the gentleman from Nebraska.
Mr. BEREUTER. Mr. Chairman, I like the intent of what the gentleman
is attempting to do, but I would like to tell the gentlewoman that we
cannot cut off aid through the multilateral development organizations.
All we can do is direct our executive director to those multilateral
development organizations what he or she should do in attempting to
cause those organizations to stop aiding Cambodia.
I do not, therefore, think that the gentleman's amendment is
implementable when it comes to the multilateral development banks. That
is why I believe, while well-intended, what he attempts to do, at least
with the MDBs, is not possible. I thank the gentlewoman for yielding.
Ms. LOFGREN. Certainly. Mr. Chairman, I will let the gentleman defend
his own amendment, rather than doing it for him. But I would just say
that opinions differ.
I really feel in this case, given the dependency that Cambodia has on
the international community, including the United States, for their
very survival, that the opportunity to greatly influence events there
is present, and it may not always be present.
I would like to further state that as we move forward in this effort,
we must make sure that our partners, our international partners
throughout the world who have also provided aid, stand with us in
isolating this lawless government from funds.

[[Page H6391]]

I would further say, as we move forward hoping for elections that I
would strongly urge must be supervised once again by the United Nations
or the international community, we must gain a guarantee that the
winner of the election actually gets to take power this time. I think
it was a very serious mistake that we failed to do that last time that
has helped create this problem.
Mr. Chairman, with that, I do not know if the gentleman from
California [Mr. Rohrabacher] would like to defend his amendment for the
comments made that this is beyond our jurisdiction.
Mr. CALLAHAN. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, the pending amendment would cut off funds for Cambodia.
Normally I would oppose such an amendment as an infringement upon the
President's prerogatives to conduct foreign policy. However, in
Cambodia, we have in effect a military coup.
Section 508 of our bill is a longstanding provision that prohibits
assistance to a country if a duly-elected head of government is deposed
by a military coup or decree. Normally this would be automatically
invoked for a situation like Cambodia. However, in Cambodia, we have
had one Prime Minister deposing another Prime Minister. Although
technically this is not a coup, it has had the same effect.
The United States has a sizable assistance program to Cambodia. I
would not support any assistance to the government of a country whose
new leader has had at least 40 of his political opponents executed.
Clearly, despite our best efforts and those of the international
community, democracy does not exist in Cambodia. So I support the
gentleman's amendment and ask that it be adopted.
Ms. PELOSI. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in support of the gentleman's amendment. I will
not take the full 5 minutes. Mr. Chairman, for the information of our
colleagues who may have just tuned in, the United States has cut off
all assistance for Cambodia for 30 days following the July 5 incident
in Cambodia. All assistance programs that have any connection to the
government of Cambodia have been suspended.
Decisions on resumption or reconfiguring of aid are yet to be made,
and depend on many factors. Indeed, as reports of atrocities continue
to come in, it becomes more difficult to resume support for the current
government for reasons that have been mentioned.
I particularly want to commend my colleague, the gentlewoman from
California [Ms. Lofgren], for her interest and leadership on this
issue. She and I are both blessed with a Cambodian-American population,
are familiar with the situation in Cambodia, and there is a great deal
of interest there. I am so pleased she was here to add her support to
the amendment offered by the gentleman from Nebraska [Mr. Bereuter].
It is indeed tragic that the enormous international effort to lift
Cambodia from its misery has apparently been usurped, and I therefore
recommend that we accept the amendment offered by the gentleman from
Nebraska [Mr. Bereuter].
However, I do think we should continue to assess the situation,
because the gentleman's amendment specifically prohibits assistance to
the Government of Cambodia. I assume that other forms of assistance
through nongovernmental organizations engaged in humanitarian or
democracy-building programs would not be prohibited.
The Cambodian people have endured years of suffering under a
repressive regime, and they voted in 1993 to bring non-Communist
parties to power. As our colleague pointed out, we did not have a clear
winner, maybe that was part of the problem, a clear resolution of the
election.
We should continue to assess the situation as we move forward on the
bill. I, too, will be supporting the Rohrabacher amendment but urge my
colleagues now to support the Bereuter amendment.
Mr. ROHRABACHER. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, I do have an amendment that I will be offering after we
hopefully get done with the amendment offered by the gentleman from
Nebraska [Mr. Bereuter]. I certainly appreciate the sincerity of the
attempt of the gentleman from Nebraska. I sometimes am known as
somebody who tries to push things a little bit further, and I think
that my amendment, while better, while pushing things a little bit
further, should be adopted, but that does not mean that I am opposing
the amendment offered by the gentleman from Nebraska [Mr. Bereuter].
I, in fact, support the amendment, but I would say it needs to be
strengthened, because in the gentleman's amendment we have a situation
where the amendment states that funds, it says, ``None of the funds
appropriated in this act shall be made available directly to the
Government of Cambodia.''
That use of the word ``directly'' weakens the bill considerably as
compared to what I would do. When we are sending a message to the
Government of Cambodia, we want to make sure they know that even if
they are trying to get money through the back door, we are not
supportive of money going through the back door to this murderous
regime.
Also it has been argued by the gentleman from Nebraska [Mr. Bereuter]
that my bill would affect the money or would not affect the money,
although we are attempting to, that will be going to Cambodia through
the International Development Association and the IMF and the Asian
Development Bank, and other lending and financial institutions that are
supported by American taxpayers.
We may not be able to mandate that money, but we are making our case
as the elected representatives of the United States Government to those
agencies through this legislation. We are making a statement to those
individuals who are making those decisions in these financial
institutions that they should not be using that money to provide loans
or guarantees for loans to this murderous regime in Cambodia.
So I would ask my fellow colleagues to support the Bereuter
amendment, but I would also ask them to support my amendment, which
makes that statement, we do not want people investing in Cambodia until
democracy is restored. We certainly do not want to guarantee the loans
of American businesses doing that.
Ms. LOFGREN. Mr. Chairman, will the gentleman yield?
Mr. ROHRABACHER. I yield to the gentlewoman from California.

{time} 2200

Ms. LOFGREN. Mr. Chairman, I wanted to ask a clarification question.
It is my understanding that the gentleman's amendment would, while
doing all that he says, still permit the standard humanitarian aid; is
that correct?
Mr. ROHRABACHER. Mr. Chairman, that is correct. My amendment does not
prevent us from giving money to the nongovernmental organizations and
to other humanitarian efforts. It just prevents us from giving any
money to the government directly or indirectly. While, as I say, the
Bereuter amendment does make a statement in a positive direction, I
think we should go a lot further.
The fact is the Government of Cambodia now is controlled by a
murderous man named Hun Sen who is in alliance with drug lords, a man
who has got blood all the way up to his elbows, who was a Khmer Rouge
trigger man, who overthrew an elected government that we struggled so
long and hard to put in place back in 1993.
Many Members of this body have visited Cambodia and supported the
United Nations operation back in 1993 and now we have this dictator,
this gangster trying to undo what was done. We need to send a strong
message immediately. This is the vehicle to do so. The Bereuter
amendment sends a message. It is a positive message. It is a message we
need to send. I think it needs to be a little stronger, so I support
the Bereuter amendment but will also be offering by own amendment
shortly.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Nebraska [Mr. Bereuter].
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. BEREUTER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to the order of the House of Thursday, July

[[Page H6392]]

24, 1997, further proceedings on the amendment offered by the gentleman
from Nebraska [Mr. Bereuter] will be postponed.

Amendment Offered by Mr. Saxton

Mr. SAXTON. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 4 printed in House Report 105-184 offered by
Mr. Saxton:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:

limitation on assistance to the p.l.o. and the palestinian authority

Sec. 572. (a) Sense of the Congress.--It is the sense of
the Congress that the Palestine Liberation Organization
(hereafter the ``P.L.O.'') should do far more to demonstrate
an irrevocable denunciation of terrorism and to ensure a
peaceful settlement of the Middle East dispute, and in
particular it should--
(1) submit to the Palestinian Council for formal approval
the necessary changes to those specific articles of the
Palestinian National Charter which deny Israel's right to
exist or support the use of violence;
(2) to the maximum extent possible, preempt acts of terror,
discipline violators, publicly condemn all terrorist acts,
actively work to dismantle other terrorist organizations, and
contribute to stemming the violence that has resulted in the
deaths of over 230 Israeli and United States citizens since
the signing of the Declaration of Principles on Interim Self-
Government Arrangements (hereafter the ``Declaration of
Principles'') on September 13, 1993, at the White House;
(3) prohibit participation in the P.L.O. or the Palestinian
Authority or its successors of any groups or individuals
which promote or commit acts of terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons and restrict the
issuance of licenses to those with legitimate need;
(6) transfer and cooperate in transfer proceedings relating
to any person accused by Israel or the United States of
having committed acts of terrorism against Israeli or United
States nationals; and
(7) respect civil liberties, human rights and democratic
norms as applied equally to all persons regardless of ethnic,
religious, or national origin.
(b) Limitation on Assistance.--
(1) In general.--Notwithstanding any other provision of
law, funds appropriated or otherwise made available by this
Act may be obligated for assistance to the P.L.O. or the
Palestinian Authority only for the period beginning 3 months
after the date of the enactment of this Act and for 6 months
thereafter, and only if--
(A) 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; and
(B) in addition to the requirements contained in such Act
or other legislation, the President prepares and transmits to
the Congress a report described in paragraph (2).
(2) Report.--A report described in this paragraph is a
report containing the following:
(A) A description of all efforts being made to apprehend,
prosecute, or have extradited to the United States Mohammad
Deif (allegedly responsible for the death of Nachshon
Wachsman, a United States citizen), Amjad Hinawi (allegedly
responsible for the death of David Boim, a United States
citizen), Abu Abbas (responsible for the death of Leon
Klinghoffer, a United States citizen), Amid al-Iindi
(allegedly responsible for death of David Berger, a United
States citizen), and Nafez Mahmoud Sabih (who helped plan the
February 1996 attack on a Jerusalem bus in which Jewish
Theological Seminary students Sara Duker and Matthew
Eisenfeld, both United States citizens, were murdered).
(B) An official, updated, and revised copy of the
Palestinian National Charter (Covenant) showing which
specific articles have been rescinded by the decision taken
on April 24, 1996 by the P.L.O. Executive Committee.
(C) A description of all actions being taken by the
Palestinian Authority to eradicate and prevent the use of the
map of Israel to represent ``Palestine''.
(D) A certification that the Palestinian Authority has
established a court system that respects due process
requirements, including the right to a lawyer, the right to
confront witnesses, the right to be informed of the charges
under which one is accused, and the right to a jury trial.
(E) A certification that the Palestinian Authority has
established humane prison conditions.
(F) A certification that the Palestinian Authority has
taken all measures to rescind the death penalty imposed for
the sale of land to Jews, has eliminated the practice of
incarcerating real estate agents for the sale of land to Jews
or Israelis, and has actively sought the perpetrators of such
actions.

The CHAIRMAN. Pursuant to the order of House of Thursday, July 24,
1997, the gentleman from New Jersey [Mr. Saxton] and a Member opposed,
the gentleman from Alabama [Mr. Callahan], each will control 5 minutes.
Mr. CALLAHAN. Mr. Chairman, I ask unanimous consent that 3\1/2\
minutes of my time be yielded to the gentlewoman from California [Ms.
Pelosi] and that she been allowed to further yield time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Alabama?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from New Jersey [Mr.
Saxton].
Mr. SAXTON. Mr. Chairman, I yield such time as he may consume to the
gentleman from New York [Mr. Gilman], chairman of the authorization
committee.
(Mr. Gilman asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Chairman, I rise in support of the Saxton amendment
and wish to thank the gentleman from New Jersey for his steadfast
support and commitment for true peace in the Middle East.
Mr. Chairman, I rise in support of the Saxton amendment, and wish to
thank the gentleman from New Jersey for his steadfast support and
commitment for true peace in the Middle East.
Mr. Saxton's amendment comes on a tragic, but ironically, auspicious
day, when as we have seen, the lack of PLO security cooperation with
Israel has cost the lives and limbs of many innocent Israelis.
The amendment expresses the sense of the Congress that the PLO/PA
would have to take action on the covenant, truly fight against
terrorism, truly confiscate weapons, and follow through on commitments
to transfer prisoners to Israel, according to the Oslo Accords.
The sense of the Congress language also insists that Arafat and the
PA cease incitement toward violence, and improve the abysmal human
rights situation in the areas under Palestinian control.
According to Mr. Saxton's amendment, assistance would be available
only for the period beginning 3 months after enactment and for 6 months
thereafter only if the President certifies the PLO on critical issues
of concern to all Americans.
Once the certification is made, Congress would have to approve the
report by joint resolution. The report must describe all efforts taken
by the Palestinian Authority to arrest, prosecute or extradite
Palestinian killers of American citizens; specify which articles of the
covenant have indeed been rescinded; and describe all actions taken by
PLO/PA to eradicate and cease usage of a map of all Israel (from 1948
to the present) shown as the State of Palestine. The report must also
certify that a Palestinian court system respectful of human rights has
been established and due process upheld, that humane prison conditions
exist, and that the PA has taken all measures to rescind the death
penalty for land sales to Jews or Israelis.
Mr. Chairman, earlier today I noted during consideration of House
Concurrent Resolution 133 that the explosions in Jerusalem today are
the culmination of a lack of Palestinian security cooperation that goes
back a long way. Mr. Saxton's amendment is the correct response at this
time .
Accordingly, I urge support for the Saxton amendment.
Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
This is an amendment which suspends aid, direct aid to the
Palestinian Authority. It has been drafted with cooperation of the
gentleman from New York [Mr. Gilman], the gentleman from New York [Mr.
Engel], the gentleman from Pennsylvania [Mr. Fox], the gentleman from
New York [Mr. Nadler], and the gentleman from New York [Mr. Forbes],
which obviously makes it a bipartisan amendment.
At the conclusion of the 90-day suspension period, if certain
conditions are met and attested to by the United States administration,
then aid could resume. I believe this is an absolutely necessary
amendment given the events of the past six months or so. I know there
are others who wish to speak on this.
Mr. Chairman, I reserve the balance of my time.
Ms. PELOSI. Mr. Chairman, I yield such time as he may consume to the
gentleman from Michigan [Mr. Dingell].
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, I rise to speak for peace in the Middle East. Lasting
viable peace, with

[[Page H6393]]

justice for all the people in the area, Jew, Arab, Christian, or of
whatever race or religion.
Mr. Chairman, I oppose the amendment offered by the gentleman from
New Jersey [Mr. Saxton], because I do not believe it serves the
interests of the Israelis, the Palestinians, or the United States.
Since 1993, our Government has tried mightily to achieve a lasting
peace which will allow Israelis, Palestinians, and all Arabs to live
with greater security and dignity. In almost 4 years, the Middle East
peace process has had many positive developments. Unfortunately, most
of the progress has slowed in the past 18 months, the result of
provocations, charges and countercharges issued on both sides of the
negotiating table. The situation has degenerated so much that not only
has the Oslo schedule fallen behind; discussions have virtually
stopped, and the United States is being thwarted in its effort to serve
as mediator in concert with European and Middle Eastern allies.
The Saxon amendment implicitly lays blame for the recent difficulties
squarely upon the Palestinians. Does the Palestinian Authority have
some serious problems with civil administration, human rights, and
controlling extremism? It certainly does. However, these problems are
not unique to Mr. Arafat's government, and American policy has been
predicated on the assumption that tightly controlled foreign assistance
should be a tool that helps solve these problems while promoting a
final accord with the Israelis.
The administration strongly opposes this amendment. In addition to
finding it counterproductive to achieving peace, the State Department
has concluded that it would go well beyond reasonable limits in
imposing new restrictions on Palestinian assistance without meeting the
minimal criteria of reason and fair play.
Over the past 10 days, there has been a quiet resumption of talks
aimed at jumpstarting the peace process. The amendment offered by the
gentleman from New Jersey would place these efforts in jeopardy, as
well as risk another flareup of passions and violence in Israeli and
Palestinian neighborhoods.
There are several problems with the amendment. First, it is not
balanced. If signed into law, our Government would be unable to provide
financial assistance to the Palestinian people for 3 months. Worse yet,
United States aid could resume assistance to the Palestinians only if
Congress votes to approve a report on the Palestinians which would be
submitted by the administration. Unlike other limitations on aid this
body has approved in the past, this amendment allows no Presidential
waiver, even if the President finds it to be in our national security
interest.
No disruption in aid to Israel is contemplated, and there should not
be a disruption. However, it is not fair or consistent to tie the State
Department's hands on only one side of a very sensitive negotiation. If
foreign aid is going to be used as a bargaining chip to achieve our
goals on foreign policy, human rights, judicial process, or prison
conditions, we must apply a single fair standard to all. This amendment
would do just the opposite.
Mr. Chairman, I also am very concerned about the other standards this
amendment would apply only to the Palestinian Authority. These
provisions include:
A prohibition on any speech which could be somehow deemed anti-Israel
if it is believed that such speech undermines the peace process. It is
not clear how a violation would be handled, by whom the violation would
be judged, or just what constitutes a statement which is anti-Israel.
What if Palestinians were to say in negotiations that they question
Israel's right to hold all of Jerusalem? What if a Palestinian were to
make allegations of unfair treatment under Israeli law? The lack of a
clear definition is very troublesome. If such a provision was ever
imposed upon our citizens, it would be swiftly condemned as
unconstitutional.
A requirement that our Government to certify the viability and
fairness of the Palestinian court system. There is no doubt that the
nascent Palestinian Authority must continue to pursue a more consistent
application of justice. But in the interest of balance, the 1996 State
Department Human Rights Report mentions many abuses within the Israeli
justice system. The Saxton amendment would not seek a review of these
problems.
Rather than turn our backs on the Middle East peace process, Congress
should be providing additional tools to the State Department to provide
the elusive breakthrough.
The United States has acted boldly in the pursuit of Middle East
peace. The Middle East Peace Facilitation Act of 1993, which allows our
Government to recognize the Palestinians, work with them, and provide
them the help they need to establish security and work for a peaceful
existence with Israel, will expire on August 12. Rather than completely
obstructing our administration at this most crucial stage by punishing
only the Palestinians, I believe it is in our own best interest to
extend the Middle East Peace Facilitation Act [MEPFA] for another 180
days so we do not risk the loss of peace--or worse yet--the resumption
of war. I am therefore, introducing a bill with the Gentleman from West
Virginia [Mr. Rahall] to extend MEPFA. I urge my colleagues to
cosponsor this bill, and if at all possible, for this body to extend
MEPFA before we leave for the August recess.
Have no doubt, there are many in Middle East who are paying attention
to us this evening. Almost two months ago, this House approved a
resolution, House Concurrent Resolution 60, which reasserted the view
of this body that Jerusalem should be the exclusive territory of
Israel. That action was viewed in the Middle East as a preemptive
strike against the successful completion of final status negotiations
laid out in the Oslo accords. The result was to spark additional
violence and bloodshed, placing in further jeopardy even the modest
level of trust which is necessary for an agreement.
A vote for this amendment not only will hurt the Palestinians; it
will send the message that this Government no longer cares whether or
not a secure peace is achieved. I urge the Palestinian and Israeli
people to try to show additional restraint, and know that they still
have many friends in America who care more about peace and security for
both races.
Let us not jeopardize the peace, let us not jeopardize the long and
hard efforts of the United States to bring the parties together in
negotiations leading to a peaceful resolution of a long and terrible
struggle which has cost thousands of lives.

The events of today, the bombing are terrible, they deserve
condemnation of all right thinking human beings. The events of today
must not be repeated, but the Saxton amendment rather than reducing the
incentives for this kind of terrible action, provides more pressure for
violence and terrorism. It provides the kind of frustration, anger and
outrage that invites violence and murder.
Do not remove the tools this nation needs to bring about peaceful
negotiations, leading to peace in the Middle East which will bless all
the people there.
I urge the House to reject the Saxton amendment. Its adoption leads
us away from peace and hope.
Ms. PELOSI. Mr. Chairman, I yield 30 seconds to the gentleman from
New York [Mr. Nadler].
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Chairman, there can be no peace in the Middle East
unless both sides show through both words and deeds that they are
sincere in their quest for peace. Israel has shown that sincerity. The
Palestinian Authority has not. They sentence Palestinians to death for
doing business with Jews. They turn a blind eye or give a green light
to acts of terrorism. They think they have a right to play the violence
card whenever negotiations are not proceeding to their liking. That is
not the path to peace. It is the path of Munich and Ma'alot. We should
not stand for it, and I support this amendment.
Mr. Chairman, I rise in support of the Saxton amendment which will
cut off direct funds for the Palestinian Authority for 90 days until
the PA begins meeting its obligations under the Oslo Peace Accords.
Let there be no question in anyone's mind, the purpose of this
amendment is to advance the cause of peace. But, there can be no peace
in the Middle East unless both sides show through both words and deeds
that they are sincere in this quest for peace.
Israel has more than shown her sincerity and commitment to peace.
Unfortunately, the leaders of the Palestinian Authority have yet to
truly commit to peace. They sentence Palestinians to death for doing
business with Jews. They turn a blind eye, or even give a green light,
to acts of vicious terrorism. They think they have a right to play the
violence card whenever the negotiations aren't proceeding to their
liking.
Well that's not the path of peace. It's the path of Munich and
Ma'alot, and we shouldn't stand for it.
Just yesterday, the 25th of Tammuz, another bomb went off in
Jerusalem's Mahaneh Yehuda market, killing 13 innocent civilians and
wounding 168.
If the PLO is serious about peace, let them demonstrate their
sincerity. Peace means cracking down on the murderers in their midst.
Peace means an end to stirring up hatred against their Jewish neighbors
with blood libels. Peace means a halt to death sentences against
Palestinians who do business with Jews.
Mr. Chairman, I share the heartfelt yearning of the Israeli people
for a lasting peace in the Middle East. But the Israelis can't make
peace alone. The PLO must join in, or there will be no peace.

[[Page H6394]]

We should send Arafat a message. We should vote resoundingly for the
Saxton amendment.
Mr. SAXTON. Mr. Chairman, I yield 30 seconds to the gentleman from
New York [Mr. Engel].
(Mr. ENGEL asked and was given permission to revise and extend his
remarks.)
Mr. ENGEL. Mr. Chairman, I rise in strong support of the amendment.
Certainly the events of today have shown us that we need to have an
amendment. What this simply does is it suspends aid to the Palestinian
Authority for 90 days at which point the President has to certify that
certain compliance is being met. I think it is fair and it is
reasonable. If peace is going to exist, both sides have to fulfill
commitments. Mr. Arafat and the Palestinian Authority cannot turn a
blind eye to terrorism. They must make sure that terrorism is
controlled by cooperation with the Israelis. This is a good step in
that direction.
Ms. PELOSI. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from West Virginia [Mr. Rahall].
Mr. RAHALL. Mr. Chairman, I thank the distinguished ranking member
for yielding me the time.
I do rise in opposition to the pending Saxton amendment. I have no
illusions as to what the outcome of this vote would be, if such were
called, especially in the climate that we exist today and after the
most horrendous and stupid acts of the last 24 hours. But, Mr.
Chairman, it is important to realize that the Middle East Peace
Facilitation Act is a tool which the President uses to conduct foreign
policy. We have one Commander in Chief, one individual in charge of
this foreign policy.
In this case it is a means the President uses to stay in touch with
both chairman Arafat and the Palestinian people so that he can make the
appropriate timely reports to Congress. The collapse of peace talks 4
months ago was because of mutual distrust, recriminations, and
provocations. The Saxton amendment will only add to this distrust,
recriminations, and provocations.
It continues to be imperative that the U.S. role is allowed to be
evenhanded, as an honest broker's role should be. Placing additional
restrictions only on aid to the Palestinian Authority, only on such
aid, fails the test of balance and fairness, because we all know that
as the Secretary of State has said, failure to comply with stipulations
in the Oslo accords is not confined to just Palestinians.
Press reports indicate that there is documentation that Israel has
been found in violation of the Oslo accords as well, a total number of
34 times. And I have such a list of Israeli violations of the Oslo
accords as well.
So there have been violations on both sides.
It is not necessary for the Congress to point fingers only at one
side.
The White House is strongly opposed to this amendment because it goes
way beyond reasonable limits. It imposes new restrictions on
Palestinian aid and new requirements on the President. A vote today to
cut off aid will stamp out what little economic progress the
Palestinians have achieved for a majority of their impoverished and
innocent citizens. Even Prime Minister Netanyahu knows this is true. He
is quoted as saying this, and it is quoted in a letter to Members of
Congress by Americans for Peace Now, and I quote, it is necessary for
PLO aid to continue. That is the current Prime Minister Benjamin
Netanyahu, urging that aid to the Palestinians continue. His
predecessors, Prime Minister Peres and Prime Minister Rabin both are on
record as urging continuation of this aid as well.
While there are certainly practices and acts by the Palestinian
Authority which are reprehensible and there are serious problems and
they should cease, this amendment is not the way to go about it nor to
get such a cessation. We can either bolster our government's efforts to
achieve a lasting peace in a balanced manner or we can extinguish that
hope perhaps for all time by adoption of this amendment.
If we were to extinguish that hope at this most precarious time, then
only escalating violence, bloodshed and death may rise from the passage
of the Saxton amendment. Given the remarks of our Secretary of State,
Madeleine Albright, who I commend for her courageous decisions, not
only in regard to Lebanon recently but in the region as a whole, it
should be perfectly clear to Members of this House that passage of the
Saxton amendment is dangerous and liable to cause further violence in
both neighborhoods in the Middle East.
I rise and urge my colleagues to defeat the Saxton amendment.
Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
I would like to respond to the gentleman from West Virginia by saying
that to me at least and I think to most other Members of the House, the
status quo in Israel and in the Middle East is unacceptable. And
inasmuch as we have the responsibility to oversee at least the
expenditure of American taxpayers' dollars, it seems to me that what we
ought to be doing is to try to find a way to change the dynamic that
exists currently in the Middle East to make peace a possibility.
Obviously not only the events of the last 24 hours but the events of
the last several months have borne out full well that peace is not at
hand in the Middle East. And to the extent that we can affect that, I
think we should do that. To me the status quo is not acceptable and I
believe that this is a step in the right direction.
I will include for the Record, Mr. Chairman, today's article from the
Washington Post, Palestinian panel charges widespread corruption by
Arafat's entire cabinet, as well as an article from the Washington
Times, Arafat's cabinet should be dissolved, lawmakers from Palestine
report.
Up to $340 million, half of the Palestinian Authority budget, is
estimated to have been misspent or embezzled. Obviously these are very
serious charges and during this 90-day period these matters can be
looked into as well.
The essence of this amendment, Mr. Chairman, is to provide for an
opportunity for our administration to submit various information to
this House relative to the Palestinian Council which changes those
specific articles of the Palestinian national charter which deny
Israel's right to exist or support violence. We also ask to the maximum
extent possible to preempt acts of terror, discipline violators,
publicly condemn acts of terror and dismantle terrorist organizations.
All of these things were agreed to in the Oslo accords and, of
course, agreed to on the lawn of the White House between the Israeli
leader and Yasser Arafat. So to the extent that we can effect change in
the Middle East, to the extent that we can promote peace by changing
the dynamic of the situation there, which obviously is unacceptable to
the great majority of the Members of this House, I believe that we
should do so. I also believe, Mr. Chairman, that that is a primary
reason that agreement has been reached on this amendment.
Mr. Chairman, I include for the Record the articles to which I
referred:

[From the Washington Post, July 30, 1997]

Palestinian Panel Charges Widespread Corruption by Arafat's Entire
Cabinet

(By Said Ghazali)

Ramallah, West Bank.--A Palestinian legislative panel today
reported wide-ranging corruption--including diversion of
foreign aid donations--in all 18 Palestinian ministries. It
urged Palestinian leader Yasser Arafat to fire his entire
cabinet and called for three ministers to be put on trial.
The panel was formed in response to an official
comptroller's report that found $326 million of the
Palestinian self-rule administration's $800 million annual
budget had been squandered through corruption or
mismanagement. While the panel has no legal authority, its
report puts Arafat on the spot--compelling him either to
repudiate his political allies or face rising public anger
over financial abuses.
The Palestinian leader quickly sought to cast the report in
a positive light. His spokesman, Marwan Kanafani, praised it
and said it provides ``a strong basis'' for cabinet revisions
that Arafat was already planning.
Legislators and some members of Arafat's own
administration, however, faulted the panel for failing to
investigate whether Arafat played a role in any wrongdoing.
``The mismanagement starts from the top--way up on top,''
declared Husam Khader, a legislator from Nablus.
The five-member investigating panel was made up of members
of Arafat's Fatah party and independent members of the
legislative council, which has been locked in a power
struggle with Arafat over its role as an elected lawmaking
body.
Although the report does not fault Arafat personally,
analysts say it could jeopardize

[[Page H6395]]

his standing should he fail to act on it. The panel's
findings come at a time of increased anger among Palestinians
over brazen shows of wealth by government officials,
including the purchase of huge villas and numerous expensive
cars.
The report declared that the cabinet had failed to follow
up reports of mismanagement, and it urged Arafat to replace
it with one ``made up of technocrats and qualified people.''
It also recommended criminal trials for three cabinet
ministers, including Nabil Shaath, the chief negotiator in
peace talks with Israel, who is accused of charging his home
telephone and electric bills to the government.
Among other allegations in the report are: Information
Minister Yasser Abed Rabbo used $7,500 in ministry funds to
pay for central heating at his home; Transportation Minister
Ali Qawasmeh accepted bribes to license cars that did not
meet road standards; Civil Affairs Minister Jamal Tarifi
allowed illegal exemptions from customs duties for more than
4,300 cars, including a Jaguar for his father; Tarifi's Civil
Affairs Ministry and Shaath's Planning Ministry
misappropriated funds from unnamed foreign donors.
Besides Shaath, the panel called for putting Tarifi and
Qawasmeh on trial. Both strongly denied wrongdoing. Shaath
accused the panel of being ``out of touch with reality'' and
said it never approached his ministry for information.
Agriculture Minister Jawad Saleh criticized investigators
for stopping short of Arafat's office. ``The report is
important because it is a first attempt by the legislative
council to look into offenses by officials,'' Saleh said.
``But it is not comprehensive and . . . does not deal with
sensitive issues like security organizations and the office
of the president. I blame the president.''
Arafat's administration has been buffeted by other recent
allegations of corruption and mismanagement. In June,
attorney general Khaled Kidrah stepped down after being
accused of pocketing bail money and taking bribes from
prisoners.
Internaitonal donors have pledged $1.5 billion to Arafat's
three-year-old administration, including $225 million from
the United States. But far less has actually been delivered,
in part because of concerns about lack of accountability.
____

Arafat's Cabinet Should Be Dissolved, Lawmakers Report--Inquiry Panel
Finds Rampant Corruption

(By Julian Borger)

Jerusalem.--Yasser Arafat's Cabinet is so riddled with
corruption that it should be dissolved and some of its
ministers put on trial, a Palestinian parliamentary inquiry
reported yesterday.
The report was the latest in a series to lambaste the
Palestinian leadership for the flaunting of luxury cars and
villas, nepotism and bribe-taking amid the poverty of the
West Bank and Gaza.
Up to $340 million, half the Palestinian Authority's
budget, is estimated to have been misspent or embezzled.
Sa'di al-Krunz, one of the report's authors, said half of
the Palestinian Cabinet was implicated in misappropriation of
funds. ``There are others who do nothing wrong, but on the
other hand they do nothing good,'' he said. ``They are old or
they do not know about the ministries they are in charge
of.''
The allegations come at a time when the confidence of major
donors is wearing thin and Mr. Arafat desperately needs
Western support in his negotiations with the Israelis, due to
restart in the next few days.
The latest report was read at an open session of the
Palestinian Legislative Council (PLC) by members of a special
investigative committee. It called on Mr. Arafat to
``dissolve the Cabinet and form a new Cabinet made up of
technocrats and qualified people.''
``The president of the authority should issue his
instructions to punish violators against whom there has been
proof of guilt and to punish them immediately and to take
them to court in order to restore confidence between the
Palestinian Authority and its people,'' the report said.
The committee's findings singled out Civil Affairs Minister
Jamil al-Tarifi, Planning Minister Nabil Shaath and Transport
Minister Ali Kawasmeh as the worst offenders. Mr. Shaath is
the Palestinians' leading negotiator in talks with the
Israeli government.
Mr. Al-Krunz said his committee had come across several
cases in which foreign aid had been misappropriated by
ministers or senior officials to buy themselves cars or
expand and decorate their houses.
``When they knew we have discovered these things, they have
tried to give the money back,'' he said.
Another report earlier this month, commissioned by Mr.
Arafat himself, came to similar conclusions and called on the
Palestinian leader to ``put his house in order.''
In May, a 600-page audit of the Palestinian Authority found
more than $340 million had been ``mismanaged or squandered''
in 1996. At the time, Mr. Arafat promised to take stern
action against culprits but warned that he would not allow
anyone to ``kill the embryonic dream, our Palestinian
Authority, our last step towards an embryonic state.''
The PLC's report is not legally binding on Mr. Arafat, who
frequently ignores the council's proceedings and resolutions.
However, he is reportedly planning a Cabinet shakeup, which
may take recent allegations into account.
Since its creation in 1994, Mr. Arafat's Palestinian
Authority has received about $1.5 billion in foreign aid.

Mr. Chairman, I yield 10 seconds to the gentleman from New Jersey
[Mr. Pappas].
Mr. PAPPAS. Mr. Chairman, I want to commend the gentleman from New
Jersey for offering this amendment and stand in strong support of it.
Mr. SAXTON. Mr. Chairman, I yield myself the balance of my time.
I would just like to say in closing my part of the debate that there
are many Americans who have watched and prayed about the peace process
in the Middle East. Everyone that I know wants it to work. The fact of
the matter is, it is not working.
For the concerns of those of us who believe that the agreements are
not being lived up to, in spite of everyone's best intentions, this
amendment will provide an opportunity during a 90-day period for the
President of the United States to take a close look at whatever
violations have been alleged and then certify as to whether or not
these in fact have been violations and then if necessary and if
appropriate and if the House decides further that it is appropriate,
then obviously aid to the PA will begin.
Mr. CALLAHAN. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey [Mr. Saxton].
The amendment was agreed to.

{time} 2215

Mr. HASTERT. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I ask the gentleman from Alabama if he would join with
me in a colloquy.
Mr. Chairman, the gentleman from Indiana [Mr. Souder] had a proposal
to earmark $50 million of INL moneys to purchase four Blackhawk utility
helicopters for the Colombian National Police as well as provide a
maintenance and support package in order to further the war against
drugs, in this case specifically heroin.
Without this added lift capacity the UH-60's will provide the
Colombian National Police, they cannot eradicate opium at the high
elevation of the Andes Mountains. Colombian heroin is killing our kids.
It does not require precursor chemicals, it does not require big labs,
and it is nearly impossible to interdict since it comes in deadly one-
kilo packages, one at a time and one carrier at a time.
Mr. Chairman, the Colombian National Police have been awarded the
Human Rights Watch seal of approval for their respect for human rights
and I would ask if the chairman would give me the assurance that he
will work with me and others to ensure that this issue is raised in
conference; and we are looking for an earmark of $50 million, if that
is possible, made available for this purpose.
Mr. CALLAHAN. Mr. Chairman, will the gentleman yield?
Mr. HASTERT. I yield to the gentleman from Alabama.
Mr. CALLAHAN. Mr. Chairman, I will be happy to work with the
gentleman on this important issue, and I will personally raise this
issue in conference and press for support of the acquisition of these
helicopters for the government of Colombia's national police to fight
narcotics.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. HASTERT. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding to me,
and I wanted to associate myself with the remarks of the gentleman from
Illinois [Mr. Hastert], a dedicated drug fighter. I cannot think of a
more appropriate use of State INL money than for utility helicopters
for the courageous, dedicated Colombian National Police.
They are professional law enforcement officers who sorely need this
equipment to fight drugs at their source, especially the opium crops in
the Andes, opium from which heroin is derived and which is nearly
impossible to interdict in small quantities, for example, one kilo at a
time in which it is trafficked.
Eradicating it in the high Andes in the opium stage is the key to
combating the new heroin crisis which we are facing from Colombia
today, and I urge my colleagues to support the gentleman's proposal.
Ms. PELOSI. Mr. Chairman, will the gentleman yield?

[[Page H6396]]

Mr. HASTERT. I yield to the gentlewoman from California.
Ms. PELOSI. Mr. Chairman, I am pleased that the gentleman will yield.
However, he may not be happy when he hears what I say.
The distinguished chief deputy majority whip knows the high esteem in
which I hold him, so I very regretfully oppose the provision for an
additional $50 million for the Blackhawk helicopters. Despite the
chairman's remarks, I would not be supportive of that in conference.
I very strongly opposed the rule that left the language on human
rights unprotected with respect to narcotics-related assistance, and
have serious concerns about that entire issue, and regretfully oppose
the $50 million for the Blackhawks.
Mr. HASTERT. Mr. Chairman, reclaiming my time, I thank the
gentlewoman for her comments, but I disagree with her.
And, Mr. Chairman, I submit for the Record the endorsement of the
Human Rights Watch for the Colombian National Police and the work that
they do, and would just remind the gentlewoman from California that
heroin, which these helicopters would be used to eradicate, is in the
high Andes. There is no other way to get there. They cannot get in
there with the Huey helicopters the Colombia police use today, and
this, in fact, is their only egress to get into that area.
I would certainly think that this is a credible thing, and appreciate
the chairman engaging in this colloquy.
Ms. PELOSI. Mr. Chairman, will the gentleman yield?
Mr. HASTERT. I yield to the gentlewoman from California.
Ms. PELOSI. Mr. Chairman, I want to associate myself with the remarks
of the gentleman. When I spoke earlier on the point of order on
removing the language from the bill, I made the distinction between the
Colombian military and the national police. Indeed, I do not oppose the
support that we give to the Colombian police in the fight against
narcotics.
Mr. HASTERT. Mr. Chairman, reclaiming my time, I would just remind
the gentlewoman from California that this is the Colombian National
Police.
Ms. PELOSI. Mr. Chairman, if the gentleman will continue to yield, I
understand that. That is why I was saying that I agree with the
gentleman on the characterization he made about the police. It was not
about them, it was about the Blackhawks.
Mr. HASTERT. Mr. Chairman, the extraneous materials I referred to are
submitted for the Record in support of this colloquy, as follows:
Date: 07/16/97.
Time: 02:28:07 pm
To: International Relations, John Mackey.
Fax No: 2022252035.
Dear John: This is a statement we made today in Colombia
regarding US military aid to fight drugs. In it, we state
very clearly that we are not opposing aid to the Anti-
Narcotics Police because of their good human rights record,
but continue to oppose aid to the Army (point 7).
Mark can probably parse out the Spanish for a quick read,
but I'd be happy to give you the exact wording in English if
you need it.
You're fully welcome to refer to this as the HRW ``Seal of
Approval'' for police aid, if you wish. Hang onto it--it
doesn't come often!
Best,
Robin Kirk,
Research Associate.
____

The UH-60L Blackhawk ``Utility'' Helicopter will provide
the Colombian National Police with:
1. Increased range.
2. Increased speed.
3. Increased lift capability.
4. Increased operational hours.
5. A demonstrated capability to operate in the higher
altitudes of the Andean mountain range to eradicate opium
poppies.
6. Improved crew survivability in high threat environments.
The overall superiority of the UH-60L Blackhawk helicopter
vs. the UH-1H `Huey' helicopter is without question. The
`Huey' is today an almost obsolete airframe in comparison to
the ``Blackhawk''.
______

H.R. 2159

Offered by: Mr. Souder

Amendment No. 74: Page 16, line 25, after ``$625,000,000''
insert ``(decreased by $50,000,000)''.
Page 23, line 26, after ``$230,000,000'' insert
``(increased by $50,000,000)''.

H.R. 2159

Offered by: Mr. Souder

Amendment No. 75: Page 24, line 16, insert before the
period the following: ``: Provided further, That not less
than $50,000,000 shall be available only for the procurement
in the United States of four UH-60 Blackhawk utility
helicopters, including maintenance and support for such
helicopter, to be made available to the DANTI anti-narcotics
unit of the Colombian National Police for the purpose of
carrying out counternarcotics activities''.

Amendment Offered By Mr. McGovern

Mr. McGOVERN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 5 printed in House Report 105-184 offered by
Mr. McGovern:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:

sense of the congress relating to international adoption laws and
practices of paraguay

Sec. 572. It is the sense of the Congress that the
President and the Secretary of State should use all
opportunities and means to express directly to all
appropriate officials of the Government of Paraguay that--
(1) the United States respects and supports the commitment
of the Government of Paraguay to reform its laws and
practices regarding international adoptions;
(2) the pending international adoption cases filed by
United States families at or prior to the establishment by
the Government of Paraguay of a moratorium on international
adoptions, including the 11 adoption cases commonly referred
to as the ``window of opportunity'' adoption cases, should be
allowed to continue and complete the adoption process in a
fair, unbiased, and timely fashion;
(3) such United States adoption cases should be determined
on the basis of the two key tenets for international adoption
in Paraguay, namely the fitness of the petitioning family to
be parents and what is in the best interests and welfare of
the child; and
(4) any international adoption reform legislation approved
by the Government of Paraguay should allow such United States
adoption cases to complete the adoption process.

The CHAIRMAN. Pursuant to the order of the House of Thursday, July
24, 1997, the gentleman from Massachusetts [Mr. McGovern] and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentleman from Massachusetts [Mr. McGovern].
Mr. McGOVERN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, an urgent situation confronts American families
attempting to adopt children from Paraguay. In September 1995 the
Government of Paraguay imposed a moratorium on all international
adoptions so that it might reform its laws and regulations and clean up
the corruption that had so plagued the system.
Many U.S. families were caught in various stages of the adoption
process at the time the moratorium was imposed. It has been 23 months
since the moratorium was imposed, and over three dozen American
families still find their petitions for international adoptions
pending.
While our Embassy personnel in Paraguay have been sympathetic to
these families, not once has the Paraguayan Government heard from our
highest officials about the right of these United States families to
receive fair, timely due process. Not once have they expressed concern
for the welfare of these children. This amendment seeks to ensure that
such communication take place.
Let me be very clear, Mr. Chairman. This amendment means no
disrespect for Paraguay and, indeed, expresses support for its reform
process. This amendment is aimed at moving the highest officials of our
own Government to speak out on behalf of these families and to do it
quickly, before all hope is lost.
One of these families caught in the moratorium, Donald and Elaine
Berube, live in Seekonk, MA, and hope to adopt a little girl. Three
years ago they successfully adopted a little boy from Paraguay. They
want to provide him with a baby sister of similar heritage.
Since they were familiar with the Paraguayan adoption process, and
had already been approved once as desirable parents by the Paraguayan
courts, they chose to return to Paraguay in 1995 and file for the
adoption of a little girl. A few months later the moratorium was
imposed, and for the Berubes, the judicial process in Paraguay turned
into an emotional nightmare.
Like all the American families, the Berubes have struggled to have
their case proceed through the Paraguayan

[[Page H6397]]

courts in a fair and unbiased manner. They have always acted in a
manner respectful of the Paraguayan system, and in return they have
been subjected to delays, arbitrary rulings, appeals and what often
appears to be anti-American bias and prejudice on the part of the
Paraguayan press, courts, and some of the judges.
After reviewing their case and others, it appears to me that the
Berubes and all of these families have been subjected to special
scrutiny, with government attorneys and judges searching for every and
any reason to deny these cases the possibility of proceeding.
For nearly 2 years the Berubes have bonded with the little girl they
hope to adopt. They are deeply concerned about her health and her
welfare. At 20 months she weighs less than 17 pounds, a victim of
neglect she has experienced at the hands of the Paraguayan state and
agencies. I firmly believe that without the direct involvement of
United States officials at the very highest levels, these cases will
proceed no further and all these children will be doomed to lives of
neglect.
Mr. Chairman, these children need families, they need love, and they
need a healthy environment where they will be well-nourished
physically, emotionally, and spiritually.
I hope this amendment will be viewed by all Members of the House as
noncontroversial. I urge my colleagues to support it, and I would also
like to thank the chairman, the gentleman from Alabama [Mr. Callahan]
for his support and generosity in allowing this issue to come forward
for debate.
Mr. Chairman, I yield the balance of my time to the gentleman from
Wisconsin Mr. Jay Johnson.
Mr. JOHNSON of Wisconsin. Mr. Chairman, I rise tonight in support of
the McGovern amendment, in support of the children of Paraguay and the
families in my district and across the United States, like those in Mr.
McGovern's district, like those in my district and many other places
who are trying to adopt these children.
The Jandourek and Pappas families in my district have experienced
firsthand similar trials and hardships in trying to adopt children from
Paraguay.
The Pappas family has been trying to adopt a young girl from Paraguay
since May 1995. They have faced roadblocks from agents, lawyers, and
the courts, claiming irregularities in the case. They may not be able
to adopt. I am told the young girl they are trying to adopt has just
turned 3 years old. Almost 3 years of waiting, not knowing about her
future.
The Jandourek family has experienced similar difficulties. They are
just beginning their efforts.
Mr. Chairman, I urge my colleagues to support this amendment and help
address some of the difficulties that not only families in Wisconsin
are having, but the difficulties families across the United States are
experiencing in trying to adopt children from Paraguay. These families
have waited long enough. I ask for my colleagues' support of adopting
families and the children of Paraguay. Adopt the McGovern amendment.
Mr. MATSUI. Mr. Chairman, I rise in strong support of the McGovern
amendment. I believe it is critical that the Congress make its voice
heard on the difficult situation facing a number of American families
attempting to adopt children in Paraguay.
Among these families are Richard and Donna Moser, who reside in my
district. some 26 months ago, in May 1995, the Mosers began their
efforts to adopt a Paraguayan child. On September 18 of that year, the
Government of Paraguay imposed a moratorium on international adoptions
in order to reform its laws in this area. Like other families with
adoption cases pending when the moratorium took effect, the Mosers have
since faced a seemingly endless series of hurdles and delays in their
efforts to complete the adoption process.
The language of this amendment makes it quite clear that no Member of
this body is questioning the absolutely legitimate efforts of the
Paraguayan Government to reform its laws governing international
adoptions. The supporters of this amendment are merely asking that
cases initiated prior to the moratorium, including the so-called window
of opportunity cases, will be allowed to proceed without delay under
the current legal situation and within the provisions of any
forthcoming new adoption law in Paraguay.
As my colleagues can imagine, the families who have persevered
through the very halting and uncertain process since the moratorium was
announced have made tremendous commitments of their time and emotional
energies. They have a right to expect a reasonable, comprehensible
adoption process. The children these families seek to adopt face great
hardships in Paraguay. They too deserve to have fairness prevail here.
By passing this amendment, the Congress is making a plea to the
Government of Paraguay on behalf of this very limited group of families
seeking the right to finish a process that they could not possibly have
anticipated would be so terribly arbitrary when they chose this path. I
believe we are also sending a message to the U.S. State Department that
this issue merits and requires the highest level of attention. I urge
my colleagues to join in making this greatly needed statement.
Mr. SAXTON. Mr. Chairman, I rise in strong support of the amendment
offered today by my colleague from Massachusetts, Mr. McGovern. I would
like to thank Mr. McGovern for offering this amendment and I would like
to thank Chairman Callahan for his strong support for allowing this
amendment to come to the floor.
This amendment will help families in America who have sought
international adoptions from Paraguay.
Let me take a quick moment to express how important this is,
especially to the children waiting to be adopted. A family from Berlin,
NJ, Lori and Ira Bussison have been working to adopt a child named Alex
since his birth almost 3 years ago.
Despite the fact that Alex's biological father abandoned his mother
during her pregnancy and his biological mother placed the child up for
adoption immediately after giving birth, the Paraguayan court system
refuses to let this adoption to become finalized.
While Lori and Ira remain hopeful, each time it seems like Alex will
be allowed to come to America with his new parents, the family is told
of another unknown technicality preventing this adoption from becoming
finalized.
Recently, Lori spend 3 months living with young Alex in a hotel,
thinking the adoption case would soon be finalized. Heartbreakingly,
when it became apparent that the court system would continue to stall,
Lori, financially drained, had to return to America without Alex yet
again.
We must look at the best interest of the family and especially the
children. A boy like Alex deserves loving parents like Lori and Ira.
Passage of this amendment will show that the U.S. Congress cares about
these families and is willing to do its part in finalizing these
adoption cases.
I strongly support the McGovern amendment.
Mr. PAPPAS. Mr. Chairman, I rise in support of the McGovern
amendment. In my own district, a physician and his wife, fully
qualified to love and support a child, having been waiting for almost 2
years for the process to be finalized so they can bring their adopted
son home to New Jersey. During this time, one or the other of these
parents has been in Paraguay with the child to nurture and care for
him, causing great disruption and expense to their family in New
Jersey.
Inappropriate and frustrating delays coupled with procrastination by
officials in Paraguay have turned the joyful and rewarding experience
of adopting a child into a problem of enormous and unnecessary
proportions. I would hope that the Government of the United States, and
the Government of Paraguay working together will be able to quickly
work through the maze of regulations and make it possible for all the
children waiting to finally be welcomed by loving families. Let's stop
being bystanders, and become an active part of the process which will
help these adoptions be complete.
I would like to thank the gentleman from Massachusetts on his
leadership on this issue and I urge every Member to support this
amendment. Let's prove we are a family-friendly Congress and Nation and
support adoption of children in Paraguay.
I thank the chairman and I yield back the balance of my time.
Mr. TIERNEY. Mr. Chairman, I thank my good friend and colleague from
Massachusetts for offering this amendment. Mr. Chairman, I have
tremendous respect for countries such as Paraguay that make significant
efforts to improve their government. I understand that Paraguay is
making strong efforts to reform its adoption laws.
However, there are instances when their judicial system seems not to
be providing objective due process to international adoptions despite
the fact that applicants are doing everything in their power to pursue
these applications legally.
Mr. Chairman, I have a constituent named Maria Saiz who has been
trying desperately for 2 years to adopt a little girl named Sara. She
has done everything possible and legal in her control and still
receives unfounded excuses for why the process has not gone forward
favorably.

[[Page H6398]]

I am happy to report now that the case has been re-routed to the
lower courts for further processing, but we have no guarantee of how
that will result.
Mr. Chairman, this amendment strongly articulates the respect that
the United States has for Paraguay's efforts to reform its laws, but at
the same time, it sends a clear message that the courts should fairly
determine these United States adoption cases based on the fitness of
the petitioners as parents and the best interest of the child only.
We must participate in these efforts with the hope that soon these
children can be adopted by loving parents. I urge my colleagues to vote
for the McGovern amendment and I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Massachusetts [Mr. McGovern].
The amendment was agreed to.
Mr. LAZIO of New York. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I had prepared an amendment to reduce foreign aid to
Egypt, but I will suspend that for a moment.
I have serious concern about the objectives and the part Egypt has
been playing in terms of its constructive role in the peace process in
the Middle East. Egypt, as we know, has been historically a partner in
the pursuit of peace in the Middle East, but its recent actions have
run contrary to our interests.
First, Egypt openly advocated for Libya, a well-known terrorist
state. It urged the U.N. Security Council to accept Lybia's request to
try the Pan Am 103 bombing suspects in front of an international
tribunal. That is opposed to the United States policy.
Second, Egypt is openly encouraging cutbacks to the economic and
trade sanctions imposed on Libya in 1992. Egypt permitted Colonel
Qaddafi to fly into Egypt and attend an Arab League summit in Cairo, in
open violation of the United Nations ban on Libyan air travel.
Terrorists will never respond to sanctions such as isolation if our
allies assist Colonel Qaddafi in participating in such a pivotal
meeting.
Third, Egypt acted as host of the June 1996 Arab League summit. That
meeting provided a platform for Arab leaders opposed to peace to
threaten the halt of normalization of relations between Israel and the
Arab countries wanting peace.
Fourth, Egypt, as the leading Arab country, has taken an
inappropriately active role in lobbying other Arab States to slow the
normalization of their ties with Israel. Over the last few years, Cairo
has hosted several meetings with one common aim: The isolation of
Israel. Egypt even supported the renewal of the boycott of Israel at
the April 1997 meeting of the Arab League.
Fifth, in March of this year, Egypt was the only country to block an
important United States proposal. We were trying to bypass the U.N.
Security Council condemnation of Israel's construction of a Jewish
neighborhood in Har Homa. Once again, Egypt's position directly
conflicted with our Nation's policy.
And, finally, earlier this month Egypt led an effort to propose a
U.N. resolution that threatened Israel's participation in the U.N.
General Assembly. This is one of a series of resolutions introduced
this year which attempts to isolate Israel and slow the peace process
in the Middle East.
To say the least, Egypt's efforts to create momentum and revitalize
negotiations between Israel and the Palestinians have not been
consistent. Egyptian public statements that call into question the
peace process encourage radical Palestinians to harden their Hebron
negotiating position.
For example, last October, when violence erupted in the West Bank,
President Mubarak was the only leader to decline the President's
invitation to attend a summit in Washington. That summit put the peace
process back on track and reduced the violence in Israel.
While Egypt has been, and certainly may remain a strong ally in the
Middle East, recent actions undercutting their support for peace are
alarming. Reducing foreign aid to them will emphasize that the United
States Congress expects Egypt to play a constructive and positive role
in the Middle East, a role which ensures security for Israel and
durable peace and prosperity for the entire region.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. LAZIO of New York. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding to me,
and I want to take the opportunity to thank the gentleman from New York
for expressing his concern about Egypt and its relationship with our
Nation and with Israel, and its involvement in the Middle East peace
process and other regional concerns of critical United States interest.
During consideration of our foreign aid bill, our House Committee on
International Relations included language which spoke to the growing
disappointment among Members of Congress regarding Egypt's activities
in a broadening spectrum of issue areas, some of which the gentleman
has already recited here tonight.
That language reiterated that Egypt's assistance, of which $1.3
billion is military assistance and $850 million is economic assistance,
is based upon its implementation of the Camp David Accords, notably
establishing relationships with Israel that are normal to states at
peace with each other, and found Egypt's fulfillment of these
obligations disappointing.

{time} 2230

Many Members of Congress believe that future assistance to Egypt
should, therefore, be predicated on Egypt's full implementation of its
campaign obligations and promotion of peace with Israel and other
critical United States interests.
And while I have been informed that the gentleman from New York [Mr.
Lazio] may consider withdrawing his amendment, he can be certain that
we share many of his concerns that our Committee on International
Relations will continue to closely monitor Egypt's performance on a
wide variety of issues that he raised. And I thank the gentleman from
New York [Mr. Lazio] for raising these issues before us this evening.
Mr. LAZIO of New York. Mr. Chairman, reclaiming my time, I thank the
gentleman from New York [Mr. Gilman], the distinguished chairman of the
Committee on International Relations, and based on the gentleman's
representations, I will not offer this amendment.
But I do want to reiterate the strong concerns that many Members of
Congress have, including this Member, about Egypt's actions and the
lack of engaging in a constructive role in the Middle East and that the
foreign aid account should not be considered sancrosanct when it comes
to considering this issue.

Amendment No. 73 Offered by Mr. Menendez

Mr. MENENDEZ. Mr. Speaker, I offer an amendment.
The CHAIRMAN. Is the amendment printed in the Record?
Mr. MENENDEZ. Yes, Mr. Chairman, it is.
The Clerk read as follows:

Amendment No. 73 offered by Mr. Menendez:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. 572. None of the funds appropriated or otherwise made
available by this Act under the heading ``nonproliferation,
anti-terrorism, demining and related programs'' that are made
available for the International Atomic Energy Agency shall be
made available for programs and projects of such Agency in
Cuba.

Mr. MENENDEZ (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. MENENDEZ. Mr. Chairman, my amendment seeks to limit the use of
U.S. taxpayer dollars to the International Atomic Energy Agency for
programs and projects in Cuba. Over the next 3 years, Cuba will receive
more than $1.7 million from the IAEA, even though Cuba has continuously
refused to sign the Treaty on Non-Proliferation of Nuclear Weapons,
ratify the Treaty of Tlatelolco, negotiate full-scope safeguards or
incorporate internationally accepted nuclear safety standards.
In addition to those glaring aberrations, the Castro dictatorship has
decided that a dangerous Soviet-era nuclear plant in Juragua, near
Cienfuegos, Cuba, should be completed and operated. Already the IAEA
has provided

[[Page H6399]]

nearly $700,000 to Cuba to support the Juragua Nuclear Power Plant.
A letter to me from President Clinton stated that:

The United States opposes the construction of the Juragua
nuclear power plant because of our concerns about Cuba's
ability to ensure the safe operation of the facility and
because of Cuba's refusal to sign the Nuclear Non-
proliferation Treaty or ratify the Treaty of Tlatelolco.

The State Department, the Nuclear Regulatory Commission, and the
Department of Energy have also expressed concerns about the
construction and operation of Cuba's proposed nuclear reactors.
Dr. Edward Purvis, who headed the United States Department of
Energy's investigation of Cuba's reactors has this to say:

An accident in the Cuban VVER-440 is probable. It is just a
question of when. I don't know if they are the most dangerous
reactors in the world, but they are the most dangerous
reactors anywhere close to the United States.

In a report to Congress, the General Accounting Office outlined
concerns among nuclear energy experts about deficiencies in the
Cienfuegos nuclear plant project. They included: A lack in Cuba both of
a nuclear regulatory scheme and an adequate infrastructure to ensure
the plant's safe operation, maintenance, and adequate training of
program operators.
Reports by a former technician from Cuba who, by examining with x
rays, weld sites believed to be part of the auxiliary plumbing system
for the plant, found that 10 to 15 percent of those were defective.
This technician, Mr. Jose Oro, was quoted as saying, ``The operation of
this reactor will be criminal. The construction was being performed in
a completely negligent manner.''
According to the U.S. Geological Survey, the Caribbean plate, where
this reactor sits, is in fact subject to seismic risks to Cuba in the
reactor cite and may produce large to moderate earthquakes and in fact
may produce large to moderate earthquakes. In fact, on May 25, 1992,
the Caribbean plate produced an earthquake numbering 7 on the Richter
scale.
Finally, I would like members who are from the State of Texas,
Louisiana, Arkansas, Mississippi, Alabama, Florida, Georgia, Tennessee,
South Carolina, North Carolina, Maryland, Virginia, and here in
Washington, DC, to consider the following: We are talking about in
those States over 80 million Americans, Mr. Chairman, almost one in
three Americans to my right on this chart.
According to a study by the National Oceanic and Atmospheric
Administration, summer winds could carry radioactive pollutants from a
nuclear accident at the power plant throughout all of Florida and parts
of the States on the gulf coast as far as Texas and northern winds
could carry the pollutants as far northeast as Virginia and Washington,
DC. Many more states would be affect in the time.
So we should point out that this is not a question of nuclear safety
where we might be interested in supporting the IAEA here, because there
is at present no nuclear material at the Juragua power plant. But what
the IAEA is doing is preserving the plant so that construction can be
renewed at a point in time in which Cuba acquires sufficient financing
a plant that we have said that we do not want a plant, that the
President has said he is concerned about a plant, that the GAO says
that does not make any sense and is a risk and that the National
Oceanic and Atmospheric Administration says is a risk.
So the question is whether or not you believe that the United States
taxpayer dollars should be supporting the preservation of this
dangerous plant with our tax dollars, particularly whether Cuba will
likely never have the resources to complete it and if it did would pose
a very serious national security threat to the United States.
I believe it is in our national interest not to be having resources
go in this way. If there was a plant that was up and running and a
plant that we said did not pose a threat to us, yes, let us have the
IAEA produce the opportunity for oversight but let us not give them
money to mothball a plant that we never want to see take place in the
first place.
I hope that the committee will accept the amendment, and certainly I
ask my colleagues to support it.
Ms. PELOSI. Mr. Chairman, I move to strike the last word.
Mr. Chairman, our distinguished colleague, the gentleman from New
Jersey [Mr. Menendez] said at the end of his remarks that he
understands that the committee will accept the amendment, and that is
my understanding as well. But I would like to just take a moment to put
a couple of observations on the Record without commenting on the
Committee's rule.
My colleagues, I understand your preference to shut down the IAEA's
activity in Cuba. As we know, that is not necessarily achieveable by
simply cutting off U.S. participation. The IAEA functions as an
international body with contributions from many sources, and
consequently its program decisions are not made by the United States
alone.
I do not necessarily disagree with the gentleman from New Jersey [Mr.
Menendez] on the issue of renewing the construction of the power plant
in Cuba. I oppose that in fact, and the U.S. opposes that. In fact, the
United States has regularly pleaded with our allies not to help Cuba
revive this project. So far, that effort has succeeded.
Unilateral efforts such as this pose a problem for us in achieving
our credibility in achieving our goal in these multilateral,
multinational bodies. I am concerned, therefore, how this action would
affect our credibility with the IAEA on other matters. For years the
United States, at the urging of Congress, fought with other nations who
were attempting to exclude Israel from IAEA.
Our point was that an international organization was unfair to single
out one country for discriminatory treatment. This amendment puts us in
a position of doing that. We are presently depending on the work of the
IAEA to be the eyes and ears of the world when it comes to monitoring
the activities of North Korea, Iraq, and other countries that we might
not consider to be within the realm of countries that are operating in
a way with respect for their citizens. We are counting on the IAEA to
be the eyes and ears, as I said, with respect to nuclear programs.
The U.S. has a vital stake in this ongoing work, and we should not
jeopardize that. That is why I want to put on the Record my concern for
passing unilateral prohibitions such as this one. It puts us in an
uncomfortable position when comes to influencing IAEA or countries like
North Korea, where vital U.S. interests are also at stake.

So, as I say, I am not disagreeing with the gentleman from New Jersey
[Mr. Menendez] on the substance of his amendment, but I do in terms of
my responsibilities to the subcommittee and our other activities want
to put some of these concerns on the Record.
Mr. MENENDEZ. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I yield to the gentleman from New Jersey.
Mr. MENENDEZ. Mr. Chairman, I appreciate the statements of the
gentlewoman from California [Ms. Pelosi] and I appreciate her support,
notwithstanding her concerns. I just want to address her concerns and
say that it is my understanding that in all years except one, actually
this was written into the law up to 1994, and subsequently to that, we
have sought through amendments to do what in fact we are doing here
again tonight; and that has not in any way created a difficulty for us
as a country with the IAEA.
As a matter of fact, we made contributions to what they call a
special account that in fact is directly for this purpose. So I think
that we will continue to have a good relationship with the IAEA, we
will continue to make sure that they provide for nuclear safeguards and
in many places throughout the world in which they do excellent work,
but still send a very clear message that we do not want this power
plant.
I appreciate the concerns of the gentlewoman from California [Ms.
Pelosi].
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey [Mr. Menendez].
The amendment was agreed to.

Amendment No. 12 Offered by Mr. Rohrabacher

Mr. ROHRABACHER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. Has the amendment been printed in the Record?

[[Page H6400]]

Mr. ROHRABACHER. Yes, Mr. Chairman, it has.
The Clerk read as follows:

Amendment No. 12 offered by Mr. Rohrabacher:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:

prohibition of assistance to cambodia

Sec. . (a) None of the funds appropriated in this Act may
be made available to the Government of Cambodia.
(b) None of the funds appropriated in this Act for the
International Development Association, the International
Monetary Fund, or the Asian Development Bank may be used for
any loan to the Government of Cambodia.

Mr. ROHRABACHER (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. ROHRABACHER. Mr. Chairman, the amendment that I am offering is a
second amendment we have had tonight on Cambodia. It is a bit tougher
than the last amendment. Although I appreciate the efforts of the
gentleman from Nebraska [Mr. Bereuter] in the last amendment.
The reason why my amendment is a bit tougher than the last one is
that it puts the United States Congress on record as supporting the
denial of any funds that are appropriated by this act for international
lending institutions, such as International Monetary Fund and Asian
Development Bank.
This measure is essential. Because, while direct United States
foreign aid is a small portion of the Cambodian regimes, and we are now
talking about a rogue Cambodian regime, international donations account
for half of that government's revenues. It is essential that the
dictator, the strongman there, Hun Sen, realize that American
representatives to these lending institutions are being directed by
Congress to press for withholding of these funds. Even if the
prohibition of these funds is not immediately possible, at least our
people will be making the case. And if abuses in Cambodia continues,
the U.S. position will be strengthened.
Thus, I would ask my colleagues to join me in supporting this
amendment, which, as I say, is a bit tougher and sends a message that
we are not going to permit aid to come through the back door to this
gangster that shot his way into power and who has brutally murdered his
opposition. We are taking a tough stand on Cambodia, and that is
exactly what we should do, to send a message that we want a return to
democracy and we are not going to be supportive of that regime until
the regime goes back on track toward a Democratic election in May.
Ms. LOFGREN. Mr. Chairman, will the gentleman yield?
Mr. ROHRABACHER. I yield to the gentlewoman from California.
Ms. LOFGREN. Mr. Chairman, I thank the gentleman from California [Mr.
Rohrabacher] for yielding.
Mr. Chairman, I rise in support of the Rohrabacher amendment. I
really believe that on both sides of the aisle we are of one mind on
the outrage that is going on in Cambodia. We want to take a strong
stand. I appreciate the Bereuter amendment, and I support this further
step.
I understand, I am not a member of this committee, that the Bereuter
amendment, comments on it might be technically correct. But I think
this takes a stand, as my colleague has noted, the international
community, in addition to this Congress, needs to stand up for human
rights and for democracy and against a repeat of the killing fields in
Cambodia.
In addition to this, I hope that our administration is listening
tonight so that they may take those steps necessary to rally around the
international community, our allies that are also contributing that
half of revenue into Cambodia. We need to act internationally to
prevent an even greater disaster that has yet occurred and to insist
that civility be returned to Cambodia, that democracy exist in that
country, and that we will stand by those Cambodians who have risked
their lives and their families and the lives of their families in
behalf of freedom.

{time} 2245

Mr. ROHRABACHER. Reclaiming my time, I appreciate the efforts of the
gentleman from Nebraska [Mr. Bereuter], I appreciate the support of
others on the committee. This is a truly bipartisan effort as are most
of the human rights efforts made in this Congress, and ever
increasingly made in this Congress.
My bill is a bit tougher than the other amendment that has been
offered regarding American support to Cambodia. It is tougher because
it puts Congress on record of supporting the denial of U.S. funds
appropriated in this act for international lending institutions, such
as the International Monetary Fund and the Asian Development Bank. This
measure is essential because while direct United States foreign aid is
a small portion of the regime's funding, international donations
account for half of the Government of Cambodia's revenues. It is
essential that Hun Sen realize that American representatives to these
lending institutions will press for withholding of these funds, even if
the prohibition of these funds is not immediately possible. If abuses
in Cambodia continue the United States position will be strengthened.
This provision was requested by exiled members of the elected
Cambodian Government, by many members of the Cambodian-American
community and in consultation with Steven Solarz, the Clinton
administration's special envoy for Cambodia.
It is my intention that funding be restored after a democratic
government constituted through the framework of the 1991 Paris accords
is restored, including: the return of all elected members of government
and leaders of democratic opposition parties currently in exile to
safely campaign for a free and fair election; the disbanding of all
private armies and militias; the creation of national election laws and
an independent judiciary system; and certification by the President
that adequate safeguards are in place to assure free and fair
elections, including penalty provisions for any further abuses.
Ms. PELOSI. Mr. Chairman, will the gentleman yield?
Mr. ROHRABACHER. I yield to the gentlewoman from California.
Ms. PELOSI. Because the hour is late, I thank the gentleman for
yielding, and I thank him for his leadership on this important issue. I
once again reiterate my support for the gentleman's amendment. I thank
the gentlewoman from California for her leadership as well.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California [Mr. Rohrabacher].
The amendment was agreed to.
Mr. FOX of Pennsylvania. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I would like to engage the chairman's assistance for
NATO expansion. It is my understanding that this bill contains funds
for new countries to join NATO at the invitation of the organization
this summer in Madrid.
Mr. CALLAHAN. Mr. Chairman, will the gentleman yield?
Mr. FOX of Pennsylvania. I yield to the gentleman from Alabama.
Mr. CALLAHAN. The answer is yes.
Mr. FOX of Pennsylvania. Under this provision, Mr. Chairman, are the
funding levels adequate for these new countries to join NATO and to
maintain NATO standards, in the gentleman's opinion?
Mr. CALLAHAN. The answer is once again yes.
Mr. FOX of Pennsylvania. Further, Mr. Chairman, do we have the
chairman's assurance that he will support and protect this provision in
conference and do everything in his power to follow through from the
Madrid conference and make sure that these same new countries will be
asked to join and will be helped in maintaining complete NATO
standards?
Mr. CALLAHAN. Yes.
Mr. FOX of Pennsylvania. Mr. Chairman, I thank the gentleman from
Alabama [Mr. Callahan] very much. As the chairman of the committee, I
want to thank the gentleman for his leadership, for the time and
assistance he has given to this and other issues important to our
country in our international relations. I would like to add that I
wholeheartedly support this program and will take all measures
necessary to see that we do invite the nations chosen in Madrid to join
NATO at the earliest possible date and that we continue to invite new
NATO members in the future.
Mr. COX of California. Mr. Chairman, I move to strike the last word.
Mr. Chairman, the administration's stated intention in funding KEDO
was to gain international monitoring and supervision of North Korea's
nuclear

[[Page H6401]]

program and specifically to assist in preventing North Korea from
developing nuclear weapons. A further goal of the Clinton
administration's support for KEDO was to require North Korea to submit
to third-party inspection of its nuclear facilities, to provide an
accounting for its plutonium stocks, particularly any highly enriched
weapons-grade plutonium, and to minimize the future production of
weapons-grade plutonium from its nuclear power plants. I would ask the
chairman whether that is the committee's understanding.
Mr. CALLAHAN. Mr. Chairman, will the gentleman yield?
Mr. COX of California. I yield to the gentleman from Alabama.
Mr. CALLAHAN. Yes, that is my understanding, and I think the
committee as well, that these were the stated intentions of the
administration when they requested funding for KEDO.
Mr. COX of California. I thank the chairman. I wonder if I might
inquire whether it is the chairman's further understanding that KEDO is
assuming substantial debts with some estimates that these debts total
over $40 million?
Mr. CALLAHAN. Yes, I am very much concerned about the reports that
KEDO has been accruing large debts to support the purchase of heavy
fuel oil for North Korea which are well above the funds made available
by appropriations by the Congress for this purpose. The information
that the gentleman has furnished me is very disturbing to me.
Mr. COX of California. I thank the chairman once again.
Mr. Chairman, an amendment to strike the funding in the bill for KEDO
was made in order. My amendment was prompted by reports that North
Korea has in fact developed nuclear weapons, that it has thus far
failed to permit third-party inspections of its nuclear facilities
adequate to account for its stocks of highly enriched weapons-grade
plutonium and that KEDO has sought to borrow funds in excess of its
direct international funding. Since the committee's inclusion of KEDO
funding is premised on the administration's representations about these
very matters, I once again inquire, will the chairman be willing to
revisit the provision of this bill at a future date if the reports to
which I have referred prove to be true?
Mr. CALLAHAN. The committee's understanding is that the
administration's intention in funding KEDO is to deter North Korea's
production of nuclear weapons. If it is confirmed that North Korea has
in fact developed nuclear weapons and is continuing to do so, or that
North Korea has failed to account to the international community for
its plutonium stocks, or that KEDO is engaged in borrowings not
anticipated by our original agreement to provide financial support,
then yes, I think the committee would indeed wish to revisit our
support, because the United States should not provide even indirect
support for North Korea's energy programs under such circumstances.
Mr. COX of California. Mr. Chairman, in light of the committee's
intention to terminate U.S. funding of KEDO if the original premises
are no longer valid, my amendment is rendered unnecessary, and I would
withdraw it.
Mr. BEREUTER. Mr. Chairman, will the gentleman yield?
Mr. COX of California. I yield to the gentleman from Nebraska.
Mr. BEREUTER. I thank the gentleman for yielding. I want to
compliment him and the chairman on the understanding they have reached.
As the chairman of the authorizing subcommittee, I certainly agree with
the premises of the gentleman's comments and colloquy from the
chairman. I commend the gentleman on it.
Mr. COX of California. I wish in turn to recognize the efforts of the
chairman on this very subject and I look forward to working with the
gentleman.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. COX of California. I yield to the gentleman from New York.
Mr. GILMAN. I thank the gentleman from California for bringing this
matter to our attention. While I certainly support food aid to North
Korea that the gentleman initially was concerned about, and as long as
it is adequately monitored I share the gentleman's concerns about KEDO
and will raise this in our Committee on International Relations. I
would not support an amendment cutting off food aid but would support
the gentleman's concerns about KEDO. I commend the gentleman for
raising the issue.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I would like to enter into a colloquy with the
gentleman from Alabama [Mr. Callahan] and the gentlewoman from
California [Ms. Pelosi]. I would like to thank the gentleman from
Alabama [Mr. Callahan] and the distinguished ranking member for
engaging me in this very important colloquy. According to the State
Department, Ethiopia's government limits freedom of association and
refuses to register several nongovernmental organizations. Societal
discriminations and violence against women and abuse of children remain
problems. The apparent act of female genital mutilation is nearly
universal. Domestic violence including wife beating and rape are
pervasive social problems. Nationwide, thousands of criminal suspects
remain in detention without charge or trial at the close of 1996. Most
often these detentions resulted from the severe shortage and limited
training of judges, prosecutors and attorneys.
Mr. CALLAHAN. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Alabama.
Mr. CALLAHAN. Mr. Chairman, I would like to thank the gentlewoman
from Texas for once again bringing this very important matter to the
attention of the Subcommittee on Foreign Operations, Export Financing
and Related Programs of the Committee on Appropriations.
Human rights is important around the world, but it is especially
important in Africa. We need to closely monitor Ethiopia's human rights
record. I would be very happy to work closely with the gentlewoman to
make certain the State Department pursues this issue aggressively and
the Government of Ethiopia responds to your concerns.
Ms. JACKSON-LEE of Texas. I thank the gentleman for his kindness and
recognizing the very important issue that this is.
Ms. PELOSI. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentlewoman from California,
the ranking member who has a distinguished record on human rights.
Ms. PELOSI. Mr. Chairman, I thank the gentlewoman for yielding. I
want to join our distinguished chairman in thanking the gentlewoman
from Texas for her leadership in bringing this matter to the
subcommittee's attention and will join our chairman in working with her
to monitor the State Department's actions on this. I again commend the
gentlewoman for her leadership on this issue.
Mr. GILMAN. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from New York and
thank the gentleman because we worked so closely together during the
authorization period. I thank him for his leadership.
Mr. GILMAN. I thank the gentlewoman from Texas for her longtime
interest in Ethiopia and African issues in general. Africa receives far
less attention from this body than it deserves. However, I wanted to
make certain that we recognize the gentlewoman's efforts on behalf of
Ethiopia. The Agency for International Development does take into
account human rights issues when it decides on the level of assistance
for Ethiopia as it does for other nations in Africa and elsewhere.
Ethiopia, of course, does not have a perfect record on human rights
issues, but many of its neighbors in Africa and other regions have far
worse records and we are not singling them out.
The gentlewoman's raising this issue before this body is worthy of
our attention. I want to assure the gentlewoman our committee will
continue to monitor the events in Ethiopia. I thank the gentlewoman for
her concern.
Ms. JACKSON-LEE of Texas. I thank the gentleman very much. He is very
right. Africa must rise very high on our barometer screen and we must
recognize the importance of improving their human rights position.
Again I would like to thank both the chairman and the distinguished
ranking member. I bring this to the attention of the Subcommittee on
Foreign

[[Page H6402]]

Operations, Export Financing and Related Programs of the Committee on
Appropriations and the whole House because I think we must be concerned
about how countries treat their citizens if we are doling out the
public's money every year. The American people need to know that the
maternal mortality rate is extremely high, due in part to food taboos
for pregnant women, early marriage, and birth complications related to
female genital mutilation. For example, I am particularly interested
and concerned about Ethiopia's treatment toward women. It is true that
clitoridectomies are typically performed 7 days after birth and
excision of the labia and the infibulation are the most dangerous and
extreme.
Again I would like to urge the Congress to monitor the human rights
record of Ethiopia as it relates to obligating funds for fiscal years
1998 and 1999, and I think collectively we can improve all conditions
in Africa and particularly improve conditions in Ethiopia.
Mr. BEREUTER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to thank the chairman, the ranking member and
all the staff here this evening for their indulgence. I would like to
engage the chairman in a colloquy on two issues.
Mr. Chairman, I would like to thank first of all the gentleman from
Alabama [Mr. Callahan] and the subcommittee for its recommendations
with respect to international agricultural assistance. This Member is
pleased that the committee report recommends continued support for a
number of collaborative research support programs and calls for
increased support for the agricultural development assistance in
USAID's budget. However this Member would request that the chairman of
the Appropriations Subcommittee enter into a colloquy to further
clarify this matter.
Mr. Chairman, the committee report specifically mentions support for
six collaborative research support programs. Certainly all of the CRSP
programs make major contributions in helping agrarian-based nations
develop their economies and increase their readiness for private
investment through their contributions in human resource development,
education, training, health and nutrition and in improving the human
capital capacity of agricultural research and development institutions.
Mr. Chairman, in addition to the six CRSPs specifically mentioned in
the committee report, is it also the committee's intention to support
the sorghum millet CRSP and the integrated pest management CRSP in
their efforts to promote sustainable agricultural practices in the
developing world?
Mr. CALLAHAN. Mr. Chairman, will the gentleman yield?
Mr. BEREUTER. I yield to the gentleman from Alabama.
Mr. CALLAHAN. The response is yes, it is our intention.
Mr. BEREUTER. I thank the gentleman very much. I want to thank the
gentleman for his clarification.
On the second matter, Mr. Chairman, I would like to comment on the
report of the distinguished Commission on International Trade
Development and Cooperation which calls for a funding level of at least
$500 million for international agriculture and rural development
programs in the USAID appropriation for fiscal year 1998. It seems like
a reasonable goal to me, given the importance of the programs to the
development of future markets for our U.S. farmers and the need to
reverse the decline in these programs at USAID in recent years.
Does the gentleman agree that there has been a relative decline in
funds for this important program and that a target of $500 million or a
relevant percentage increase in funding would be appropriate over the
next several years?
Mr. CALLAHAN. Yes, I do agree that agricultural decline has been too
much and that we should work together to establish an appropriate goal
consistent with other priorities.
Mr. BEREUTER. Mr. Chairman, that is all I can ask. I do appreciate
the distinguished gentleman for his cooperation on this effort and for
his effort tonight in general.

{time} 2300

Mr. CALLAHAN. Mr. Chairman, I am sure you will be pleased to hear
that we are going to rise.
We thank our entire staff for their patience and their understanding
and cooperation that we have received, and I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore [Mr.
Pease] having assumed the chair, Mr. Thornberry, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2159),
making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1998, and for
other purposes, had come to no resolution thereon.

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