[Congressional Record Volume 145, Number 87 (Friday, June 18, 1999)]
[Senate]
[Pages S7271-S7275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                  FOREIGN RELATIONS AUTHORIZATION ACT

                                 ______
                                 

                        THOMAS AMENDMENT NO. 688

  (Ordered to lie on the table.)
  Mr. THOMAS submitted an amendment intended to be proposed by him to 
the bill, S. 886, to authorize appropriations for the Department of 
State for fiscal year 2000 and 2001; to provide for enhanced security 
at United States diplomatic facilities; to provide for certain arms 
control, nonproliferation, and other national security measures; to 
provide for the reform of the United Nations; and for other purposes; 
as follows:

       At the appropriate place in the bill, insert the following 
     new section and renumber the remaining sections accordingly:

     ``SEC.   . PROHIBITION OF THE RETURN OF VETERANS MEMORIAL 
                   OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC 
                   AUTHORIZATION IN LAW.

       (a) Prohibition.--Notwithstanding section 2572 of title 10, 
     United States Code, or any other provision of law, the 
     President may not transfer a veterans memorial object to a 
     foreign country or entity controlled by a foreign government, 
     or otherwise transfer or convey such object to any person or 
     entity for purposes of the ultimate transfer or conveyance of 
     such object to a foreign country or entity controlled by a 
     foreign government, unless specifically authorized by law.
       (b) Definitions.--In this section:
       (1) Entity controlled by a foreign government.--The term 
     ``entity controlled by a foreign government'' has the meaning 
     given that term in section 2536(c)(1) of title 10, United 
     States Code.
       (2) Veterans memorial object.--The term ``veterans memorial 
     object'' means any object, including a physical structure or 
     portion thereof, that--
       (A) is located at a cemetery of the National Cemetery 
     System, war memorial, or military installation in the United 
     States;
       (B) is dedicated to, or otherwise memorializes, the death 
     in combat or combat-related duties of members of the United 
     States Armed Forces; and
       (C) was brought to the United States from abroad as a 
     memorial of combat abroad.''
                                 ______
                                 

                       SARBANES AMENDMENT NO. 689

  Mr. SARBANES proposed an amendment to the bill, S. 688, supra; as 
follows:

       On page 39, strike lines 14 and 15 and insert the 
     following: ``for a period commensurate with the seriousness 
     of the offense, as determined by Director General of the 
     Foreign Service, except that the personnel records shall 
     retain any record with respect to a reprimand for not less 
     than one year and any record with respect to a suspension for 
     not less than two years.'.''.
       On page 41, line 15, strike ``one year'' and all that 
     follows through the end of line 22 an insert the following: 
     ``two years after the occurrence giving rise to the grievance 
     or, in the case of a grievance with respect to the grievant's 
     rater or reviewer, one year after the date on which the 
     grievant ceased to be subject to rating or review by that 
     person, but in no case less than two years after the 
     occurrence giving rise to the grievance.'.''.
                                 ______
                                 

                         DODD AMENDMENT NO. 690

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill, S. 886, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section--

     SEC.   . TRANSFER OF AUTHORITY FOR CRIMINAL INVESTIGATIONS 
                   FROM STATE DEPARTMENT INSPECTOR GENERAL TO 
                   DIPLOMATIC SECURITY SERVICE.

       (a) Section 37(a)(1) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to 
     read as follows:
       ``(1) conduct investigations--
       (A) concerning illegal passport or visa issuance or use; 
     and
       (B) concerning potential violations of Federal criminal law 
     by employees of the Department of State or the Broadcasting 
     Board of Governors.
       (b) Section 209(c)(3) of the Foreign Service Act of 1980 
     (22 U.S.C. 3929(c)(3)) is amended by adding the following--
       ``In such cases, the Inspector General shall immediately 
     notify the Director of the Diplomatic Security Service, who, 
     unless otherwise directed by the Attorney General, shall 
     assume the responsibility for the investigation.''
       (b) The amendment made by this section shall take effect 
     October 1, 2000.
       (c) Not later than February 1, 2000, the Secretary of State 
     and the State Department Inspector General shall report to 
     the appropriate congressional committees on--
       (1) the budget transfer required from the Inspector General 
     to the Diplomatic Security Service to carry out the 
     provisions of this section;

[[Page S7272]]

       (2) other budgetary resources necessary to carry out the 
     provisions of this section;
       (3) any other matters relevant to the implementation of 
     this section.
                                 ______
                                 

                    FEINGOLD AMENDMENTS NOS. 691-692

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted two amendments intended to be proposed by him 
to the bill, S. 886, supra; as follows:

                           Amendment No. 691

       At the appropriate place, insert:
       Sec.   .
       (a) Findings.--The Congress finds as follows:
       (1) The International Criminal Tribunal for Rwanda (ICTR) 
     was established to prosecute individuals responsible for 
     genocide and other serious violations of international 
     humanitarian law committed in the territory of Rwanda;
       (2) A separate tribunal, the International Criminal 
     Tribunal for the former Yugoslavia (ICTY), was created with a 
     similar purpose for crimes committed in the territory of the 
     former Yugoslavia;
       (3) The acts of genocide and crimes against humanity that 
     have been perpetrated against civilians in the Great Lakes 
     region of Africa equal in horror the acts committed in the 
     former Yugoslavia;
       (4) The ICTR has succeeded in issuing at least 28 
     indictments against 48 individuals, and currently has in 
     custody 38 individuals presumed to have led and directed the 
     1994 genocide;
       (5) The ICTR issued the first conviction ever by an 
     international court for the crime of genocide against Jean-
     Paul Akayesu, the former mayor of Taba, who was sentenced to 
     life in prison;
       (6) The mandate of the ICTR is limited to acts committed 
     only during calendar year 1994, yet the mandate of the ICTY 
     covers serious violations of international humanitarian law 
     since 1991 through the present;
       (7) There have been well substantiated allegations of major 
     crimes against humanity and war crimes that have taken place 
     in the Great Lakes region of Africa that fall outside of the 
     current mandate of the tribunal in terms of either the dates 
     when, or geographical areas where, such crimes took place;
       (8) The attention accorded the ICTY and the indictments 
     that have been made as a result of the ICTY's broad mandate 
     continue to play an important role in current U.S. policy in 
     the Balkans;
       (9) The international community must send an unmistakable 
     signal that genocide and other crimes against humanity cannot 
     be committed with impunity;
       (b) Policy.--The President should instruct the U.S. 
     representative to the United Nations to advocate to the 
     Security Council an expansion of the mandate of the 
     International Criminal Tribunal for Rwanda to include crimes 
     committed outside calendar year 1994 and in a broader 
     geographical area.
                                  ____


                           Amendment No. 692

       On page 13, after line 10, add the following new section:

     SEC. 106. LIMITATIONS ON NONCOMPETITIVELY AWARDED NED GRANTS.

       (a) Limitations.--Of the total amount of grants made by the 
     National Endowment for Democracy in each of the following 
     fiscal years, not more than the following percentage for each 
     such fiscal year shall be grants that are awarded on a 
     noncompetitive basis to the core grantees of the National 
     Endowment for democracy:
       (1) For fiscal year 2000, 52 percent.
       (2) For fiscal year 2001, 39 percent.
       (3) For fiscal year 2002, 36 percent.
       (4) For fiscal year 2003, 13 percent.
       (5) For fiscal year 2004, zero percent.
       (b) Core Grantees of the National Endowment for Democracy 
     Defined.--In this section, the term ``core grantees of the 
     National endowment for Democracy'' means the following:
       (1) The International Republican Institute (IRI).
       (2) The National Democratic Institute (NDI).
       (3) The Center for International Private Enterprise (CIPE).
       (4) The American Center for International Solidarity (also 
     known as the ``Solidarity Center'').
                                 ______
                                 

                FEINSTEIN (AND OTHERS) AMENDMENT NO. 693

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself, Mr. Feingold, and Mr. Levin) submitted 
an amendment intended to be proposed by them to the bill, S. 886, 
supra; as follows:

       On page 115, after line 18, add the following new section:

     SEC. ____. REPORTING REQUIREMENT ON WORLDWIDE CIRCULATION OF 
                   SMALL ARMS AND LIGHT WEAPONS.

       (a) Findings.--Congress makes the following findings:
       (1) In numerous regional conflicts, the presence of vast 
     numbers of small arms and light weapons has prolonged and 
     exacerbated conflict and frustrated attempts by the 
     international community to secure lasting peace. The sheer 
     volume of available weaponry has been a major factor in the 
     devastation witnessed in recent conflicts in Angola, 
     Cambodia, Liberia, Mozambique, Rwanda, Sierra Leone, Somalia, 
     Sri Lanka, and Afghanistan, among others, and has contributed 
     to the violence endemic to narcotrafficking in Colombia and 
     Mexico.
       (2) Increased access by terrorists, guerrilla groups, 
     criminals, and others to small arms and light weapons poses a 
     real threat to United States participants in peacekeeping 
     operations and United States forces based overseas, as well 
     as to United States citizens traveling overseas.
       (3) In accordance with the reorganization of the Department 
     of State made by the Foreign Affairs Reform and Restructuring 
     Act of 1998, effective March 28, 1999, all functions and 
     authorities of the Arms Control and Disarmament Agency were 
     transferred to the Secretary of State. One of the stated 
     goals of that Act is to integrate the Arms Control and 
     Disarmament Agency into the Department of State ``to give new 
     emphasis to a broad range of efforts to curb proliferation of 
     dangerous weapons and delivery systems''.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report 
     containing--
       (1) an assessment of whether the export of small arms poses 
     any proliferation problems including--
       (A) estimates of the numbers and sources of licit and 
     illicit small arms and light arms in circulation and their 
     origins;
       (B) the challenges associated with monitoring small arms; 
     and
       (C) the political, economic, and security dimensions of 
     this issue, and the threats posed, if any, by these weapons 
     to United States interests, including national security 
     interests;
       (2) an assessment of whether the export of small arms of 
     the type sold commercially in the United States should be 
     considered a foreign policy or proliferation issue;
       (3) a description of current Department of State activities 
     to monitor and, to the extent possible ensure adequate 
     control of, both the licit and illicit manufacture, transfer, 
     and proliferation of small arms and light weapons, including 
     efforts to survey and assess this matter with respect to 
     Africa and to survey and assess the scope and scale of the 
     issue, including stockpile security and destruction of excess 
     inventory, in NATO and Partnership for Peace countries;
       (4) a description of the impact of the reorganization of 
     the Department of State made by the Foreign Affairs Reform 
     and Restructuring Act of 1998 on the transfer of functions 
     relating to monitoring, licensing, analysis, and policy on 
     small arms and light weapons, including--
       (A) the integration of and the functions relating to small 
     arms and light weapons of the United States Arms Control and 
     Disarmament Agency with those of the Department of State;
       (B) the functions of the Bureau of Arms Control, the Bureau 
     of Nonproliferation, the Bureau of Political-Military 
     Affairs, the Bureau of International Narcotics and Law 
     Enforcement, regional bureaus, and any other relevant bureau 
     or office of the Department of State, including the 
     allocation of personnel and funds, as they pertain to small 
     arms and light weapons;
       (C) the functions of the regional bureaus of the Department 
     of State in providing information and policy coordination in 
     bilateral and multilateral settings on small arms and light 
     weapons;
       (D) the functions of the Under Secretary of State for Arms 
     Control and International Security pertaining to small arms 
     and light weapons; and
       (E) the functions of the scientific and policy advisory 
     board on arms control, nonproliferation, and disarmament 
     pertaining to small arms and light weapons; and
       (5) an assessment of whether foreign governments are 
     enforcing their own laws concerning small arms and light 
     weapons import and sale, including commitments under the 
     Inter-American Convention Against the Illicit Manufacturing 
     of and Trafficking in Firearms, Ammunition, Explosives, and 
     Other Related Materials or other relevant international 
     agreements.
                                 ______
                                 

                  LEAHY (AND OTHERS) AMENDMENT NO. 694

  (Ordered to lie on the table.)
  Mr. LEAHY (for himself, Mr. Feingold, and Mr. Reed, Mr. Harkin, Mr. 
McConnell, Mr. Moynihan, Mr. Kohl, Mr. Chafee, Mr. Kennedy, Mr. 
Jeffords, Mr. Kerry, Mrs. Feinstein, Mrs. Murray, Mr. Schumer, Mrs. 
Boxer, Mr. Durbin, and Mr. Wellstone) submitted an amendment intended 
to be proposed by them to the bill, S. 886, supra; as follows:

       At the appropriate place in the bil, insert the following:


                   self-determination for East Timor

       Sec.   . (a) Findings.--The Congress finds as follows:
       (1) On May 5, 1999 the Governments of Indonesia and 
     Portugal signed an agreement that provides for an August 8, 
     1999 ballot organized by the United Nations on East Timor's 
     political status;
       (2) On January 27, 1999, President Habibie expressed a 
     willingness to consider independence for East Timor if a 
     majority of the East Timorese reject autonomy in the August 
     8th ballot;

[[Page S7273]]

       (3) Under the May 5th agreement the Government of Indonesia 
     is responsible for ensuring that the August 8th ballot is 
     carried out in a fair and peaceful way in an atmosphere free 
     of intimidation, violence or interference;
       (4) The inclusion of anti-independence militia members in 
     Indonesian forces responsible for establishing security in 
     East Timor violates the May 5th agreement which states that 
     the absolute neutrality of the military and police is 
     essential for holding a free and fair ballot;
       (5) The arming of anti-independence militias by members of 
     the Indonesian military for the purpose of sabotaging the 
     August 8th ballot has resulted in hundreds of civilians 
     killed, injured or disappeared in separate attacks by these 
     militias who continue to act without restraint;
       (6) The United Nations Secretary General has received 
     credible reports of political violence, including 
     intimidation and killings, by armed anti-independence 
     militias against unarmed pro-independence civilians;
       (7) There have been killings of opponents of independence, 
     including civilians and militia members;
       (8) The killings in East Timor hsould be fully investigated 
     and the individuals responsible brought to justice;
       (9) Access to East Timor by international human rights 
     monitors and humanitarian organizations is limited, and 
     members of the press have been threatened;
       (10) The presence of members of the United Nations 
     Assistance Mission in East Timor has already resulted in an 
     improved security environment in the East Timorese capital of 
     Dili;
       (11) A robust international observer mission and police 
     force throughout East Timor is critical to creating a stable 
     and secure environment necessary for a free and fair ballot;
       (12) The Administration should be commended for its support 
     for the United Nations Assistance Mission in East Timor which 
     will provide monitoring and support for the ballot and 
     include international civilian police, military liaison 
     officers and election monitors;
       (b) Policy.--The President, Secretary of State, Secretary 
     of Defense, and the Secretary of the Treasury (acting through 
     the United States executive directors to internaional 
     financial institutions) should immediately intensify their 
     efforts to prevail upon the Indonesian Government and 
     military to--
       (A) disarm and disband anti-independence militias;
       (B) grant full access to East Timor by international human 
     rights monitors, humanitarian organizations, and the press;
       (C) allow Timorese who have been living in exile to return 
     to East Timor to participate in the ballot; and
       (2) the President should submit a report to the Congress, 
     not later than 21 days after passage of this Act, containing 
     a description of the Administration's efforts and his 
     assessment of steps taken by the Indonesian Government and 
     military to ensure a stable and secure environment in East 
     Timor, including those steps described in paragraph (1).
                                 ______
                                 

                       SARBANES AMENDMENT NO. 695

  (Ordered to lie on the table.)
  Mr. SARBANES submitted an amendment intended to be proposed by him to 
the bill, S. 886, supra; as follows:

       On page 116, strike ``$94,000,000 for the fiscal year 2000 
     and $940,000,000'' and insert ``$963,308,000 for the fiscal 
     year 2000 and $963,308,000''.
       On page 121, line 6, strike ``$215,000,000 for the fiscal 
     year 2000 and $215,000,000'' and insert ``$235,000,000 for 
     the fiscal year 2000 and $235,000,000''.
                                 ______
                                 

                WELLSTONE (AND OTHERS) AMENDMENT NO. 696

  (Ordered to lie on the table.)
  Mr. WELLSTONE (for himself, Mr. Harkin, Mr. Kohl, Mr. Lautenberg, Mr. 
Kennedy, and Mr. Torricelli) submitted an amendment intended to be 
proposed by them to the bill S. 886, supra; as follows:

       On page 115, after line 18, insert the following new 
     section:

     SEC. 730. SENSE OF SENATE REGARDING CHILD LABOR.

       (a) Findings.--The Senate makes the following findings:
       (1) The International Labor Organization (in this 
     resolution referred to as the ``ILO'') estimates that at 
     least 250,000,000 children under the age of 15 are working 
     around the world, many of them in dangerous jobs that prevent 
     them from pursuing an education and damage their physical and 
     moral well-being.
       (2) Children are the most vulnerable element of society and 
     are often abused physically and mentally in the work place.
       (3) Making children work endangers their education, health, 
     and normal development.
       (4) UNICEF estimates that by the year 2000, over 
     1,000,000,000 adults will be unable to read or write on even 
     a basic level because they had to work as children and were 
     not educated.
       (5) Nearly 41 percent of the children in Africa, 22 percent 
     in Asia, and 17 percent in Latin America go to work without 
     ever having seen the inside of a classroom.
       (6) The President, in his State of the Union address, 
     called abusive child labor ``the most intolerable labor 
     practice of all,'' and called upon other countries to join in 
     the fight against abusive and exploitative child labor.
       (7) The Department of Labor has conducted 5 detailed 
     studies that document the growing trend of child labor in the 
     global economy, including a study that shows children as 
     young as 4 are making assorted products that are traded in 
     the global marketplace.
       (8) The prevalence of child labor in many developing 
     countries is rooted in widespread poverty that is 
     attributable to unemployment and underemployment among 
     adults, low living standards, and insufficient education and 
     training opportunities among adult workers and children.
       (9) The ILO has unanimously reported a new Convention on 
     the Worst Forms of Child Labor.
       (10) The United States negotiators played a leading role in 
     the negotiations leading up to the successful conclusion of 
     the new ILO Convention on the Worst Forms of Child Labor.
       (11) On September 23, 1993, the United States Senate 
     unanimously adopted a resolution stating its opposition to 
     the importation of products made by abusive and exploitative 
     child labor and the exploitation of children for commercial 
     gain.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) abusive and exploitative child labor should not be 
     tolerated anywhere it occurs;
       (2) ILO member States should be commended for their efforts 
     in negotiating this historic convention;
       (3) the Senate should consider the new ILO Convention on 
     the Worst Forms of Child Labor as soon as practical after 
     submission by the President;
       (4) it should be the policy of the United States to 
     continue to work with all foreign nations and international 
     organizations to promote an end to abusive and exploitative 
     child labor; and
       (5) ILO member States should take necessary steps to meet 
     the standards and objectives of the new ILO Convention.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 697

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, S. 886, supra; as follows:

       At the appropriate place, insert the following--
       Sec.  .
       Expressing the sense of Senate that the global use of child 
     soldiers is unacceptable and that the International Community 
     must find remedies to end this practice:
       (a) Findings.--The Senate makes the following findings:
       (1) There are at least 300,000 children below the age of 18 
     who are involved in armed conflict in at least 25 countries 
     around the world. This is an escalating international 
     humanitarian crisis which must be addressed promptly;
       (2) Children are uniquely vulnerable to military 
     recruitment because of their emotional and physical 
     immaturity, are easily manipulated and can be drawn into 
     violence that they are too young to resist or understand;
       (3) Children are most likely to become child soldiers if 
     they are orphans, refugees, poor, separated from their 
     families, displaced from their homes, living in a combat 
     zone, or have limited access to education;
       (4) Child soldiers, besides being exposed to the normal 
     hazards of combat, are also afflicted with other injuries due 
     to their lives in the military. Young children may have 
     sexually related illnesses, suffer from malnutrition, have 
     deformed backs and shoulders which are the result of carrying 
     loads too heavy for them, as well as respiratory and skin 
     infections;
       (5) One of the most egregious examples of the use of child 
     soldiers in the abduction of thousands of children, some as 
     young as 8 years of age, by the Lord's Resistance Army (in 
     this resolution referred to as the ``LRA'') in northern 
     Uganda;
       (6) The Department of State's Country Reports on Human 
     Rights Practice for 1999 reports that in Uganda the LRA 
     abducted children ``to be guerrillas and tortured them by 
     beating them, raping them, forcing them to march until 
     collapse, and denying them adequate food, water, or 
     shelter.'';
       (7) Children who manage to escape from LRA captivity have 
     little access to trauma care and rehabilitation programs, and 
     many find their families displaced, missing, dead, or fearful 
     of having their children return home;
       (8) A large number of children have participated and been 
     killed in the armed conflict in Sri Lanka and the use of 
     children as soldiers has led to a breakdown in law and order 
     in Sierra Leone;
       (9) Graca Machel, the former United Nations expert on the 
     impact of armed conflict on children, identified the 
     immediate demobilization of all child soldiers as an urgent 
     priority, and recommended the establishment through an 
     optional protocol to the Convention on the Rights of the 
     Child of 18 as the minimum age for recruitment and 
     participation in armed conflict; and
       (10) The international community is trying to reach a 
     consensus on how to most effectively deal with this grave 
     problem and

[[Page S7274]]

     among these options is the raising of the international legal 
     age of recruitment to 18 years old;
       (11) The International Committee of the Red Cross, the 
     United Nations Children's Fund (UNICEF), the United Nations 
     High Commission on Refugee, and the United Nations High 
     Commissioner on Human Rights also support the establishment 
     of 18 as the minimum age for military recruitment and 
     participation in armed conflict;
       (12) The United Nations has decided to make 18 the minimum 
     age for its own peacekeeping forces;
       (13) International organizations such as the European 
     Parliament and the 8th Assembly of the World Council of 
     Churches have condemned the use of child soldiers;
       (14) Religious leaders such as Pope John Paul II and Nobel 
     Peace Prize winner Arch Bishop Desmond Tutu have urged that 
     children no longer be used as soldiers;
       (15) US civic organizations drawn from the religious, peace 
     and justice and human rights communities such as the 36 
     member organizations of the Washington Coalition on Child 
     Soldiers seek US support for alleviating this crisis;
       (16) The United Nations created a Working Group to 
     negotiate language that would formulate an Optional Protocol 
     to the Convention on the Rights of the Child, which would 
     raise the age of recruitment of children.
       (17) For the past four years the international community 
     has been negotiating language for an Optional Protocol 
     without reaching a consensus agreement: Now, therefore, be it 
     Resolved, That the Senate hereby--
       1) Joins the international community in condemning the use 
     of children as soldiers and combatants by governmental and 
     non-governmental armed forces;
       2) Expresses the sense of Congress that US policy should be 
     one of permitting consensus on the language of an Optional 
     Protocol.
       3) Directs the State Department to address positively and 
     expediently this issue in the next session of the Working 
     Group, before this process is abandoned, resulting therefore 
     in the protection of hundreds of thousands of children from 
     the life of a soldier and the horrors of war;
       4) Directs the State Department to study the issue of the 
     rehabilitation of former child soldiers, the manner in which 
     their suffering can be alleviated and the positive role that 
     the US can play in such an effort, and to submit a report to 
     Congress on the issue of rehabilitation of child soldiers and 
     their families.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 698.

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, S. 886, supra; as follows:

       On page 115, after line 18, add the following new subtitle:

  Subtitle C--International Trafficking of Women and Children Victim 
                               Protection

     SEC. ____01. SHORT TITLE.

       This subtitle may be cited as the ``International 
     Trafficking of Women and Children Victim Protection Act of 
     1999''.

     SEC. ____02. FINDINGS.

       Congress makes the following findings:
       (1) The worldwide trafficking of persons has a 
     disproportionate impact on women and girls and has been and 
     continues to be condemned by the international community as a 
     violation of fundamental human rights.
       (2) The fastest growing international trafficking business 
     is the trade in women, whereby women and girls seeking a 
     better life, a good marriage, or a lucrative job abroad, 
     unexpectedly find themselves in situations of forced 
     prostitution, sweatshop labor, exploitative domestic 
     servitude, or battering and extreme cruelty.
       (3) Trafficked women and children, girls and boys, are 
     often subjected to rape and other forms of sexual abuse by 
     their traffickers and often held as virtual prisoners by 
     their exploiters, made to work in slavery-like conditions, in 
     debt bondage without pay and against their will.
       (4) The President, the First Lady, the Secretary of State, 
     the President's Interagency Council on Women, and the Agency 
     for International Development have all identified trafficking 
     in women as a significant problem.
       (5) The Fourth World Conference on Women (Beijing 
     Conference) called on all governments to take measures, 
     including legislative measures, to provide better protection 
     of the rights of women and girls in trafficking, to address 
     the root factors that put women and girls at risk to 
     traffickers, and to take measures to dismantle the national, 
     regional, and international networks on trafficking.
       (6) The United Nations General Assembly, noting its concern 
     about the increasing number of women and girls who are being 
     victimized by traffickers, passed a resolution in 1998 
     calling upon all governments to criminalize trafficking in 
     women and girls in all its forms and to penalize all those 
     offenders involved, while ensuring that the victims of these 
     practices are not penalized.
       (7) Numerous treaties to which the United States is a party 
     address government obligations to combat trafficking, 
     including such treaties as the 1956 Supplementary Convention 
     on the Abolition of Slavery, the Slave Trade and Institutions 
     and Practices Similar to Slavery, which calls for the 
     complete abolition of debt bondage and servile forms of 
     marriage, and the 1957 Abolition of Forced Labor Convention, 
     which undertakes to suppress and requires signatories not to 
     make use of any forced or compulsory labor.

     SEC. ____03. PURPOSES.

       The purposes of this subtitle are to condemn and combat the 
     international crime of trafficking in women and children and 
     to assist the victims of this crime by--
       (1) setting a standard by which governments are evaluated 
     for their response to trafficking and their treatment of 
     victims;
       (2) authorizing and funding an interagency task force to 
     carry out such evaluations and to issue an annual report of 
     its findings to include the identification of foreign 
     governments that tolerate or participate in trafficking and 
     fail to cooperate with international efforts to prosecute 
     perpetrators;
       (3) assisting trafficking victims in the United States by 
     providing humanitarian assistance and by providing them 
     temporary nonimmigrant status in the United States;
       (4) assisting trafficking victims abroad by providing 
     humanitarian assistance; and
       (5) denying certain forms of United States foreign 
     assistance to those governments which tolerate or participate 
     in trafficking, abuse victims, and fail to cooperate with 
     international efforts to prosecute perpetrators.

     SEC. ____04. DEFINITIONS.

       In this subtitle:
       (1) Police assistance.--The term ``police assistance''--
       (A) means--
       (i) assistance of any kind, whether in the form of grant, 
     loan, training, or otherwise, provided to or for foreign law 
     enforcement officials, foreign customs officials, or foreign 
     immigration officials;
       (ii) government-to-government sales of any item to or for 
     foreign law enforcement officials, foreign customs officials, 
     or foreign immigration officials; and
       (iii) any license for the export of an item sold under 
     contract to or for the officials described in clause (i); and
       (B) does not include assistance furnished under section 534 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c; 
     relating to the administration of justice) or any other 
     assistance under that Act to promote respect for 
     internationally recognized human rights.
       (2) Trafficking.--The term ``trafficking'' means the use of 
     deception, coercion, debt bondage, the threat of force, or 
     the abuse of authority to recruit, transport within or across 
     borders, purchase, sell, transfer, receive, or harbor a 
     person for the purpose of placing or holding such person, 
     whether for pay or not, in involuntary servitude, or slavery 
     or slavery-like conditions, or in forced, bonded, or coerced 
     labor.
       (3) Victim of trafficking.--The term ``victim of 
     trafficking'' means any person subjected to the treatment 
     described in paragraph (2).

     SEC. ____05. INTER-AGENCY TASK FORCE TO MONITOR AND COMBAT 
                   TRAFFICKING.

       (a) Establishment.--
       (1) In general.--There is established within the Department 
     of State in the Office of the Secretary of State an Inter-
     Agency Task Force to Monitor and Combat Trafficking (in this 
     section referred to as the ``Task Force''). The Task Force 
     shall be co-chaired by the Assistant Secretary of State for 
     Democracy, Human Rights, and Labor Affairs and the Senior 
     Coordinator on International Women's Issues, President's 
     Interagency Council on Women.
       (2) Appointment of members.--The members of the Task Force 
     shall be appointed by the Secretary of State. The Task Force 
     shall consist of no more than twelve members.
       (3) Composition.--The Task Force shall include 
     representatives from the--
       (A) Violence Against Women Office, Office of Justice 
     Programs, Department of Justice;
       (B) Office of Women in Development, United States Agency 
     for International Development; and
       (C) Bureau of International Narcotics and Law Enforcement 
     Affairs, Department of State.
       (4) Staff.--The Task Force shall be authorized to retain up 
     to five staff members within the Bureau of Democracy, Human 
     Rights, and Labor Affairs, and the President's Interagency 
     Council on Women to prepare the annual report described in 
     subsection (b) and to carry out additional tasks which the 
     Task Force may require. The Task Force shall regularly hold 
     meetings on its activities with nongovernmental 
     organizations.
       (b) Annual Report to Congress.--Not later than March 1 of 
     each year, the Secretary of State, with the assistance of the 
     Task Force, shall submit a report to Congress describing the 
     status of international trafficking, including--
       (1) a list of foreign states where trafficking originates, 
     passes through, or is a destination; and
       (2) an assessment of the efforts by the governments 
     described in paragraph (1) to combat trafficking. Such an 
     assessment shall address--
       (A) whether any governmental authorities tolerate or are 
     involved in trafficking activities;
       (B) which governmental authorities are involved in anti-
     trafficking activities;
       (C) what steps the government has taken toward ending the 
     participation of its officials in trafficking;
       (D) what steps the government has taken to prosecute and 
     investigate those officials found to be involved in 
     trafficking;

[[Page S7275]]

       (E) what steps the government has taken to prohibit other 
     individuals from participating in trafficking, including the 
     investigation, prosecution, and conviction of individuals 
     involved in trafficking, the criminal and civil penalties for 
     trafficking, and the efficacy of those penalties on reducing 
     or ending trafficking;
       (F) what steps the government has taken to assist 
     trafficking victims, including efforts to prevent victims 
     from being further victimized by police, traffickers, or 
     others, grants of stays of deportation, and provision of 
     humanitarian relief, including provision of mental and 
     physical health care and shelter;
       (G) whether the government is cooperating with governments 
     of other countries to extradite traffickers when requested;
       (H) whether the government is assisting in international 
     investigations of transnational trafficking networks; and
       (I) whether the government--
       (i) refrains from prosecuting trafficking victims or 
     refrains from other discriminatory treatment towards 
     trafficking victims due to such victims having been 
     trafficked, or the nature of their work, or their having left 
     the country illegally; and
       (ii) recognizes the rights of victims and ensures their 
     access to justice.
       (c) Reporting Standards and Investigations.--
       (1) Responsibility of the secretary of state.--The 
     Secretary of State shall ensure that United States missions 
     abroad maintain a consistent reporting standard and 
     thoroughly investigate reports of trafficking.
       (2) Contacts with nongovernmental organizations.--In 
     compiling data and assessing trafficking for the Human Rights 
     Report and the Inter-Agency Task Force to Monitor and Combat 
     Trafficking Annual Report, United States mission personnel 
     shall seek out and maintain contacts with human rights and 
     other nongovernmental organizations, including receiving 
     reports and updates from such organizations, and, when 
     appropriate, investigating such reports.

     SEC. ____06. INELIGIBILITY FOR POLICE ASSISTANCE.

       (a) Ineligibility.--Except as provided in subsection (b), 
     any foreign government identified in the latest report 
     submitted under section ____05 as a government that--
       (1) has failed to take effective action towards ending the 
     participation of its officials in trafficking; and
       (2) has failed to investigate and prosecute meaningfully 
     those officials found to be involved in trafficking,

     shall not be eligible for police assistance.
       (b) Waiver of Ineligibility.--The President may waive the 
     application of subsection (a) to a foreign country if the 
     President determines and certifies to Congress that the 
     provision of police assistance to the country is in the 
     national interest of the United States.

     SEC. ____07. PROTECTION OF TRAFFICKING VICTIMS.

       (a) Nonimmigrant Classification for Trafficking Victims.--
     Section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) is amended--
       (1) by striking ``or'' at the end of subparagraph (R);
       (2) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(T) an alien who the Attorney General determines--
       ``(i) is physically present in the United States, and
       ``(ii) is or has been a trafficking victim (as defined in 
     section ____04 of the International Trafficking of Women and 
     Children Victim Protection Act of 1999),

     for a stay of not to exceed 3 months in the United States, 
     except that any such alien who has filed a petition seeking 
     asylum or who is pursuing civil or criminal action against 
     traffickers shall have the alien's status extended until the 
     petition or litigation reaches its conclusion.''.
       (b) Waiver of Grounds for Ineligibility for Admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended--
       (1) by inserting ``(1)'' after ``(d)''; and
       (2) by adding at the end the following:
       ``(2) The Attorney General shall, in the Attorney General's 
     discretion, waive the application of subsection (a) (other 
     than paragraph (3)(E)) in the case of a nonimmigrant 
     described in section 101(a)(15)(T), if the Attorney General 
     considers it to be in the national interest to do so.''.
       (c) Involuntary Servitude.--Section 1584 of title 18, 
     United States Code, is amended--
       (1) inserting ``(a)'' before ``Whoever'';
       (2) by striking ``or'' after ``servitude'';
       (3) by inserting ``transfers, receives or harbors any 
     person into involuntary servitude, or'' after ``servitude,''; 
     and
       (4) by adding at the end the following:
       ``(b) In this section, the term `involuntary servitude' 
     includes trafficking, slavery-like practices in which persons 
     are forced into labor through non-physical means, such as 
     debt bondage, blackmail, fraud, deceit, isolation, and 
     psychological pressure.''.
       (d) Trafficking Victim Regulations.--Not later than 180 
     days after the date of enactment of this Act, the Attorney 
     General and the Secretary of State shall jointly promulgate 
     regulations for law enforcement personnel, immigration 
     officials, and Foreign Service officers requiring that--
       (1) Federal, State and local law enforcement, immigration 
     officials, and Foreign Service officers shall be trained in 
     identifying and responding to trafficking victims;
       (2) trafficking victims shall not be jailed, fined, or 
     otherwise penalized due to having been trafficked, or nature 
     of work;
       (3) trafficking victims shall have access to legal 
     assistance, information about their rights, and translation 
     services;
       (4) trafficking victims shall be provided protection if, 
     after an assessment of security risk, it is determined the 
     trafficking victim is susceptible to further victimization; 
     and
       (5) prosecutors shall take into consideration the safety 
     and integrity of trafficked persons in investigating and 
     prosecuting traffickers.

     SEC. ____08. ASSISTANCE TO TRAFFICKING VICTIMS.

       (a) In the United States.--The Secretary of Health and 
     Human Services is authorized and encouraged to provide, 
     through the Office of Refugee Resettlement, assistance to 
     trafficking victims and their children in the United States, 
     including mental and physical health services, and shelter.
       (b) In Other Countries.--The President, acting through the 
     Administrator of the United States Agency for International 
     Development, is authorized and encouraged to provide programs 
     and activities to assist trafficking victims and their 
     children abroad, including provision of mental and physical 
     health services, and shelter. Such assistance should give 
     special priority to programs by nongovernmental organizations 
     which provide direct services and resources for trafficking 
     victims.

     SEC. ____09. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for the Inter-Agency 
     Task Force.--To carry out the purposes of section ____05, 
     there are authorized to be appropriated to the Secretary of 
     State $2,000,000 for fiscal year 2000 and $2,000,000 for 
     fiscal year 2001.
       (b) Authorization of Appropriations to the Secretary of 
     HHS.--To carry out the purposes of section ____08(a), there 
     are authorized to be appropriated to the Secretary of Health 
     and Human Services $20,000,000 for fiscal year 2000 and 
     $20,000,000 for fiscal year 2001.
       (c) Authorization of Appropriations to the President.--To 
     carry out the purposes of section ____08(b), there are 
     authorized to be appropriated to the President $20,000,000 
     for fiscal year 2000 and $20,000,000 for fiscal year 2001.
       (d) Prohibition.--Funds made available to carry out this 
     subtitle shall not be available for the procurement of 
     weapons or ammunition.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 699

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 886, supra; as follows:

       At the end of the bill, add the following new section:
       Notwithstanding any other provision of law, the Inspector 
     General of the Department of State shall serve as the 
     Inspector General of the Inter-American Foundation and shall 
     have all the authorities and responsibilities with respect to 
     the Inter-American Foundation as the Inspector General has 
     with respect to the Department of State.

                          ____________________