[Congressional Record Volume 151, Number 37 (Tuesday, April 5, 2005)]
[Senate]
[Pages S3221-S3226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 266. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:


[[Page S3222]]


       On page 55, strike lines 3 through 11.
                                 ______
                                 
  SA 267. Mr. McCAIN (for himself, Mr. DeWine, Mr. Graham, Mr. Kyl, Mr. 
Corzine, Ms. Collins, and Mr. Burns) proposed an amendment to the bill 
S. 600, to authorize appropriations for the Department of State and 
international broadcasting activities for fiscal years 2006 and 2007, 
for the Peace Corps for fiscal years 2006 and 2007, for foreign 
assistance programs for fiscal years 2006 and 2007, and for other 
purposes; as follows:

       On page 277, after line 8, add the following:

                 TITLE XXIX--TRADE TREATMENT OF UKRAINE

     SEC. 2901. FINDINGS.

       Congress finds that Ukraine has_
       (1) made considerable progress toward respecting 
     fundamental human rights consistent with the objectives of 
     title IV of the Trade Act of 1974;
       (2) adopted administrative procedures that accord its 
     citizens the right to emigrate, travel freely, and to return 
     to their country without restriction; and
       (3) been found to be in full compliance with the freedom of 
     emigration provisions in title IV of the Trade Act of 1974.

     SEC. 2902. TERMINATION OF APPLICATION OF TITLE IV OF THE 
                   TRADE ACT OF 1974 TO UKRAINE.

       (a) Presidential Determinations and Extensions of 
     Nondiscriminatory Treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (1) determine that such title should no longer apply to 
     Ukraine; and
       (2) after making a determination under paragraph (1) with 
     respect to Ukraine, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (b) Termination of Application of Title IV.--On and after 
     the effective date of the extension under subsection (a)(2) 
     of nondiscriminatory treatment to the products of Ukraine, 
     title IV of the Trade Act of 1974 shall cease to apply to 
     that country.
                                 ______
                                 
  SA 268. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 59, strike lines 16 though 25 and insert the 
     following:
       ``(a) Authority.--Grants authorized under section 305 shall 
     be available to make annual grants to Middle East 
     Broadcasting Networks for the purpose of carrying out radio 
     and television broadcasting.
       ``(b) Function.--Middle East Broadcasting Networks shall 
     provide radio and television programming consistent with the 
     broadcasting standards and broadcasting principles set forth 
     in section 303.
                                 ______
                                 
  SA 269. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 60, between lines 20 and 21, insert the following:
       ``(C) not more than 5 officers or employees of the Middle 
     East Broadcasting Networks may be provided a rate of basic 
     compensation at such rate authorized for Level II of the 
     Executive Schedule provided in section 5313 of title 5, 
     United States Code, and such compensation shall be subject to 
     the provisions of section 5307 of such title.
                                 ______
                                 
  SA 270. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 64, strike lines 3 through 6, and insert the 
     following:
       (4) Creditable service.--
       (A) In general.--Section 8332(b)(11) of title 5, United 
     States Code, is amended by inserting ``the Middle East 
     Broadcasting Networks;'' after ``the Asia Foundation;''.
       (B) Other requirements.--With regard to creditable service 
     with the Middle East Broadcasting Networks, the Broadcasting 
     Board of Governors shall--
       (i) pay into the Civil Service Retirement and Disability 
     Fund an amount determined by the Director of the Office of 
     Personnel Management to be necessary to reimburse such Fund 
     for any estimated increase in the unfunded liability of such 
     Fund that results from the amendment made by subparagraph 
     (4), computed using dynamic assumptions; and
       (ii) pay the amount required by clause (i) in 5 equal 
     annual installments, together with interest on such amount 
     computed at the rate used in the computation required by such 
     clause.
                                 ______
                                 
  SA 271. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 110, between lines 4 and 5, insert the following 
     new section:

     SEC. 812. UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                   DIPLOMACY.

       Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended by 
     striking ``October 1, 2005'' and inserting ``October 1, 
     2008''.
                                 ______
                                 
  SA 272. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 47, line 13, strike ``and'';
       On page 47, line 15, strike the period at the end and 
     insert as semicolon and ``and''.
       On page 47, between lines 15 and 16, insert the following:
       (3) by striking ``or allowances'' and inserting 
     ``allowances, or annuities''.
                                 ______
                                 
  SA 273. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 12, strike lines 11 through 13, and insert the 
     following:
       (2) Availability of funds.--
       (A) Fiscal year 2006.--Fifteen percent of the funds 
     appropriated pursuant to paragraph (1) for fiscal year 2006 
     are authorized to remain available until September 30, 2007.
       (B) Fiscal year 2007.--Fifteen percent of the funds 
     appropriated pursuant to paragraph (1) for fiscal year 2007 
     are authorized to remain available until September 30, 2008.
                                 ______
                                 
  SA 274. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 1, after line 2, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign Affairs 
     Authorization Act, Fiscal Years 2006 and 2007''.
                                 ______
                                 
  SA 275. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       Beginning on page 150, strike line 18 and all that follows 
     through page 151, line 4, and insert the following:
  (a) Clarification of Authority.--Section 551 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2348) is amended by adding at the end 
``Such assistance may also include assistance for demining activities, 
clearance of unexploded ordnance, destruction of small arms and related 
ammunition when determined to be in the national security interest of 
the United States, and related activities, notwithstanding any other 
provision of law.''.
                                 ______
                                 
  SA 276. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 272, line 15, strike ``weapons,'' and insert 
     ``weapons and related ammunition when determined to be in the 
     national security interest of the United States,''.
                                 ______
                                 
  SA 277. Mr. LUGAR (for Mr. Biden) proposed an amendment to the bill 
S. 600, to authorize appropriations for the Department of State and 
international broadcasting activities for fiscal years 2006 and 2007, 
for the Peace Corps for fiscal years 2006 and 2007, for foreign 
assistance programs for fiscal years

[[Page S3223]]

2006 and 2007, and for other purposes; as follows:

       On page 74, between lines 2 and 3, insert the following new 
     section:

     SEC. 603. PASSPORT FEES.

       Section 1 of the Act of June 4, 1920 (22 U.S.C. 214) is 
     amended in the third sentence by striking ``or from a widow, 
     widower, child, parent, brother, or sister of a deceased 
     member of the Armed Forces proceeding abroad to visit the 
     grave of such member'' and inserting ``or from a widow, 
     widower, child, parent, grandparent, brother, or sister of a 
     deceased member of the Armed Forces proceeding abroad to 
     visit the grave of such member or to attend a funeral or 
     memorial service for such member''.
                                 ______
                                 
  SA 278. Mrs. BOXER (for herself, Ms. Snowe, Mrs. Murray, Mrs. 
Clinton, Mr. Jeffords, Mr. Corzine, and Ms. Mikulski) proposed an 
amendment to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; as follows:

       On page 172, after line 23, insert the following:

     SEC. 2227. GLOBAL DEMOCRACY PROMOTION.

       Notwithstanding any other provision of law, regulation, or 
     policy, in determining eligibility for assistance authorized 
     under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), foreign nongovernmental organizations--
       (1) shall not be ineligible for such assistance solely on 
     the basis of health or medical services including counseling 
     and referral services, provided by such organizations with 
     non-United States Government funds if such services do not 
     violate the laws of the country in which they are being 
     provided and would not violate United States Federal law if 
     provided in the United States; and
       (2) shall not be subject to requirements relating to the 
     use of non-United States Government funds for advocacy and 
     lobbying activities other than those that apply to United 
     States nongovernmental organizations receiving assistance 
     under part I of such Act.
                                 ______
                                 
  SA 279. Mr. LUGAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 24, strike lines 1 through 5.
                                 ______
                                 
  SA 280. Mr. LUGAR (for Mr. Schumer (for himself and Mrs. Clinton)) 
proposed an amendment to the bill S. 600, to authorize appropriations 
for the Department of State and international broadcasting activities 
for fiscal years 2006 and 2007, for the Peace Corps for fiscal years 
2006 and 2007, for foreign assistance programs for fiscal years 2006 
and 2007, and for other purposes; as follows:

(Purpose: To impose an economic sanction on foreign countries that owe 
 parking fines and penalties or property taxes to Washington, D.C. or 
                             New York City)

       At the appropriate place, insert the following new section:
       Sec.   . Withholding of Assistance for Parking Fines and 
     Real Property Taxes Owed by Foreign Countries. (a) In 
     General.--Subject to subsection (c), of the funds made 
     available by this Act for assistance for a foreign country, 
     an amount equal to 110 percent of the total amount of the 
     unpaid fully adjudicated parking fines and penalties and 
     unpaid property taxes owed by the central government of such 
     country shall be withheld from obligation for assistance for 
     the central government of such country.
       (b) Payment.--Funds withheld from obligation for a country 
     under subsection (a) shall be paid to the jurisdiction to 
     which the unpaid fully adjudicated parking fines or penalties 
     or unpaid property taxes are owed.
       (c) Amounts Withheld To Be Additional Funds.--Subsection 
     (a) shall not include amounts that have been withheld under 
     any other provision of law.
       (d) Waiver.--(1) The Secretary of State may waive the 
     requirements set forth in subsection (a) with respect to 
     parking fines and penalties no sooner than 60 days from the 
     date of enactment of this Act, or at any time with respect to 
     a particular country, if the Secretary determines that it is 
     in the national interests of the United States to do so.
       (2) The Secretary of State may waive the requirements set 
     forth in subsection (a) with respect to the unpaid property 
     taxes if the Secretary of State determines that it is in the 
     national interests of the United States to do so.
       (e) Report.--Not later than 6 months after the initial 
     exercise of the waiver authority in subsection (d), the 
     Secretary of State, after consultations with the City of New 
     York, shall submit a report to the appropriate congressional 
     committees describing a strategy, including a timetable and 
     steps currently being taken, to collect the parking fines and 
     penalties and unpaid property taxes and interest owed by 
     nations receiving foreign assistance under this Act.
       (f) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives.
       (2) The term ``fully adjudicated'' includes circumstances 
     in which the person or government to whom the vehicle is 
     registered--
       (A)(i) has not responded to the parking violation summons; 
     or
       (ii) has not followed the appropriate adjudication 
     procedure to challenge the summons; and
       (B) the period of time for payment of or challenge to the 
     summons has lapsed.
       (3) The term ``parking fines and penalties'' means parking 
     fines and penalties--
       (A) owed to--
       (i) the District of Columbia; or (ii) New York, New York; 
     and
       (B) incurred during the period April 1, 1997 through 
     September 30, 2005.
       (4) The term ``unpaid property taxes'' means the amount of 
     unpaid taxes and interest determined by a court or other 
     tribunal to be owed by a foreign country on real property in 
     the District of Columbia or New York, New York.
                                 ______
                                 
  SA 281. Mr. BAUCUS (for himself and Mr. Harkin) proposed an amendment 
to the bill S. 600, to authorize appropriations for the Department of 
State and international broadcasting activities for fiscal years 2006 
and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; as follows:

       On page 277, after line 8, add the following:

                    TITLE XXIX--AGRICULTURAL EXPORTS

     SEC. 2901. SHORT TITLE.

       This title may be cited as the ``Agricultural Export 
     Facilitation Act of 2005''.

     SEC. 2902. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The export sector of United States agriculture makes an 
     important positive contribution to this country's trade 
     balance.
       (2) The total value of United States exports of 
     agricultural products shipped to Cuba since 2000 when such 
     sales were first authorized by Congress is approximately 
     $1,000,000,000, including transportation, port fees, and 
     insurance costs. In December 2001, Cuba purchased 
     approximately $4,300,000 in food and agricultural products. 
     In 2002, Cuba purchased approximately $138,600,000 in food 
     and agricultural products. In 2003, Cuba purchased 
     approximately $256,900,000 in food and agricultural products. 
     In 2004, Cuba purchased approximately $380,000,000 in food 
     and agricultural products. Cuba ranked at the bottom of 226 
     agricultural export markets for United States companies in 
     2001; ranked 50th of 226 in 2002; ranked 35th of 219 in 2003; 
     and ranked approximately 25th of 228 in 2004. Cuba is 
     therefore an important source of revenue for United States 
     agriculture and its affiliated industries, such as 
     manufacturers and distributors of value-added food products.
       (3) To be competitive in sales to Cuban purchasers, United 
     States exporters of agricultural products and their 
     representatives, including representatives of United States 
     air or sea carriers, ports and shippers, must have ready and 
     reliable physical access to Cuba. Such access is currently 
     uncertain because, under existing regulations, United States 
     exporters and their representatives must apply for and 
     receive special Treasury Department licenses to travel to 
     Cuba to engage in sales-related activities. The issuance of 
     such licenses is subject to both administrative delays and 
     periodic denials. A blanket statutory authorization for sales 
     and transport-related travel to Cuba by United States 
     exporters will remove the current bureaucratic impediment to 
     agricultural product sales endorsed by Congress when it 
     passed the Trade Sanctions Reform and Export Enhancement Act 
     of 2000.
       (4) On many occasions United States visas have been delayed 
     and often denied to prospective Cuban purchasers of products 
     authorized under the Trade Sanctions Reform and Export 
     Enhancement Act of 2000. The result has been that family 
     farmers and other small producers and distributors of 
     agricultural products who lack the resources to fund sales 
     delegations to Cuba have been denied access to potential 
     purchasers in that country. A simple solution is for the 
     Department of State to issue visas to Cuban nationals who 
     demonstrate an itinerary of meetings with prospective United 
     States exporters of products authorized under the Trade 
     Sanctions Reform and Export Enhancement Act of 2000. In 
     addition, visas should be issued to Cuban phytosanitary 
     inspectors who require entry into the United States to 
     conduct on-premise inspections of production and processing 
     facilities and the products of potential United States 
     exporters.
       (5) The Trade Sanctions Reform and Export Enhancement Act 
     of 2000 requires ``payment of cash in advance'' for United 
     States agricultural exports to Cuba. Some Federal agencies 
     responsible for the implementation of the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 have expressed the 
     view that ``cash in advance'' requires that payment be 
     received by a United States exporter in advance of shipment 
     of goods to

[[Page S3224]]

     Cuba. Indeed, late last year payments due United States 
     exporters from purchasers in Cuba were frozen in United 
     States banks while the terms of those payments were reviewed 
     unnecessarily. This action by the Department of the Treasury 
     has created a climate of commercial uncertainty that has 
     inhibited agricultural sales under the Trade Sanctions Reform 
     and Export Enhancement Act of 2000 to Cuba.
       (6) There is nothing in either the Trade Sanctions Reform 
     and Export Enhancement Act of 2000 itself or its legislative 
     history to support the view that Congress intended payment to 
     be made in advance of the shipment of goods from this country 
     to Cuba. It was and is the intent of Congress that a seller 
     of a product authorized under the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 receive payment only before a 
     Cuban purchaser takes physical possession of that product.
       (7) At present it is the policy of the United States 
     Government to prohibit direct payment between Cuban and 
     United States financial institutions. As a result, Cuban 
     purchasers of products authorized under the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 must route their 
     payments through third country banks that charge a fee for 
     this service. Allowing direct payments between Cuban and 
     United States financial institutions will permit the United 
     States exporters to receive payment directly to their 
     financial institutions within hours instead of days and will 
     eliminate an unnecessary transactional fee, thereby allowing 
     Cuban purchasers to purchase more United States origin 
     agricultural products.
       (8) Trademarks and trade names are vital assets of the 
     United States companies that export branded food products, 
     including those who today or in the future may sell such 
     products to Cuba under the Trade Sanctions Reform and Export 
     Enhancement Act of 2000. Hundreds of United States companies 
     have registered their trademarks in Cuba in order to ensure 
     the exclusive right to use those trademarks when the United 
     States trade embargo on that country is lifted. Moreover, 
     following the enactment of the Trade Sanctions Reform and 
     Export Enhancement Act of 2000, many United States companies 
     are today exporting branded food products to Cuba where they 
     hope to establish their brands with Cuban purchasers in order 
     to benefit from current sales under the Trade Sanctions 
     Reform and Export Enhancement Act of 2000, as well as 
     position themselves for the larger post-embargo market for 
     United States goods in Cuba.
       (9) Sales to Cuba of branded products of United States 
     companies contribute to the livelihoods of American workers 
     and the balance sheets of United States businesses. Those 
     sales depend on the security of United States trademarks and 
     trade names protected in Cuba by reciprocal treaties and 
     agreements for the protection of intellectual property. Among 
     such treaties and agreements are the Agreement on Trade-
     Related Aspects of Intellectual Property Rights (TRIPS) and 
     the Inter-American Convention for Trademark and Commercial 
     Protection.
       (10) The United States District Court for the Southern 
     District of New York ruled that section 211 of the Department 
     of Commerce and Related Agencies Appropriations Act, 1999 
     abrogates, with respect to Cuba, the Inter-American 
     Convention on Trademarks and Commercial Protection. The 
     court's ruling was affirmed by the United States Court of 
     Appeals for the Second Circuit.
       (11) Cuba's international remedy under customary 
     international law (as codified by Article 60 of the 1969 
     Vienna Convention on Treaties), for a breach by the United 
     States of the Inter-American Convention, is to suspend or 
     revoke the protections Cuba currently affords United States 
     trademarks and trade names.
       (12) In order to preserve the rights of United States 
     nationals holding trademarks in Cuba, including those engaged 
     in authorized sales under the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 now and in the future, the 
     United States must repeal section 211 of the Department of 
     Commerce and Related Agencies Appropriations Act, 1999 and 
     the United States must comply with all treaty obligations 
     owed Cuba as they relate to trademarks and trade names.
       (b) Purpose.--The purpose of this title is to remove 
     impediments to present and future sales of United States 
     agricultural products to Cuba under the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 and to otherwise 
     facilitate such sales.

     SEC. 2903. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES 
                   ACTIVITIES.

       Section 910 of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7209) is amended by 
     inserting after subsection (b) the following:
       ``(c) General License Authority for Travel-Related 
     Expenditure in Cuba by Persons Engaging in TSREEA of 2000 
     Sales and Marketing Activities in That Country and TSREEA-
     Related Transportation Activities.--
       ``(1) In general.--The Secretary of the Treasury shall 
     authorize under a general license the travel-related 
     transactions listed in subsection (c) of section 515.560 of 
     title 31, Code of Federal Regulations, for travel to, from, 
     or within Cuba in connection with activities undertaken in 
     connection with sales and marketing, including the 
     organization and participation in product exhibitions, and 
     the transportation by sea or air of products pursuant to this 
     Act.
       ``(2) Definitions.--In this subsection, the term `sales and 
     marketing activities' means any activity with respect to 
     travel to, from, or within Cuba that is undertaken by a 
     United States person in order to explore the market in that 
     country for the sale of products pursuant to this Act or to 
     engage in sales activities with respect to such products. The 
     term `sales activities' includes exhibiting, negotiating, 
     marketing, surveying the market, and delivering and servicing 
     products pursuant to this Act. Persons authorized to travel 
     to Cuba under this section include full-time employees, 
     executives, sales agents and consultants of producers, 
     manufacturers, distributors, shippers, United States air and 
     sea ports, and carriers of products authorized for sale 
     pursuant to this Act, as well as exhibitors and 
     representatives and members of national and State trade 
     organizations that promote the interests of producers and 
     distributors of such products.
       ``(3) Regulations.--The Secretary of the Treasury shall 
     promulgate such rules and regulations as are necessary to 
     carry out the provisions of this subsection.''.

     SEC. 2904. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of State should issue visas for temporary entry 
     into the United States of Cuban nationals whose itinerary 
     documents an intent to conduct activities, including 
     phytosanitary inspections, related to purchasing United 
     States agricultural goods under the provisions of the Trade 
     Sanctions Reform and Export Enhancement Act of 2000.
       (b) Periodic Reports.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act and every 3 months thereafter the 
     Secretary of State shall submit to the Committees on Finance, 
     Agriculture, Nutrition, and Forestry, and Foreign Relations 
     of the Senate and the Committees on Agriculture, Ways and 
     Means, and International Relations of the House of 
     Representatives a report on the issuance of visas described 
     in subsection (a).
       (2) Content of reports.--Each report shall contain a full 
     description of each application received from a Cuban 
     national to travel to the United States to engage in 
     purchasing activities pursuant to the Trade Sanctions Reform 
     and Export Enhancement Act of 2000 and shall describe the 
     disposition of each such application.

     SEC. 2905. CLARIFICATION OF PAYMENT TERMS UNDER TRADE 
                   SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 
                   2000.

       Section 908(b)(1) of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended by 
     inserting after subparagraph (B) the following:
       ``(C) Notwithstanding any other provision of law, the term 
     `payment of cash in advance' means the payment by the 
     purchaser of an agricultural commodity or product and the 
     receipt of such payment by the seller prior to--
       ``(i) the transfer of title of such commodity or product to 
     the purchaser; and
       ``(ii) the release of control of such commodity or product 
     to the purchaser.''.

     SEC. 2906. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN 
                   AND UNITED STATES FINANCIAL INSTITUTIONS.

       Notwithstanding any other provisions of law, the President 
     may not restrict direct transfers from a Cuban financial 
     institution to a United States financial institution executed 
     in payment for a product authorized for sale under the Trade 
     Sanctions Reform and Export Enhancement Act of 2000.

     SEC. 2907. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE 
                   MUTUAL PROTECTION OF INTELLECTUAL PROPERTY, 
                   INCLUDING REPEAL OF SECTION 211.

       (a) Repeal of Prohibition on Enforcement of Rights to 
     Certain United States Intellectual Properties and Transfer of 
     Such Properties.--
       (1) Repeal.--Section 211 of the Department of Commerce and 
     Related Agencies Appropriations Act, 1999 (section 101(b) of 
     division A of Public Law 105-277; 112 Stat. 2681-2688) is 
     repealed.
       (2) Regulations.--The Secretary of the Treasury shall 
     promulgate such regulations as are necessary to carry out the 
     repeal made by paragraph (1), including removing any 
     prohibition on transactions or payments to which subsection 
     (a)(1) of section 211 of the Department of Commerce and 
     Related Agencies Appropriations Act, 1999 applied.
       (3) Further regulations.--The Secretary of the Treasury 
     shall amend the Cuban Asset Control Regulations (part 515 of 
     title 31, Code of Federal Regulations) to authorize under 
     general license the transfer or receipt of any trademark or 
     trade name subject to United States law in which a designated 
     national has an interest. The filing and prosecution of 
     opposition and infringement proceedings related to any 
     trademark or trade name in which a designated national has an 
     interest and the prosecution of any defense to such 
     proceedings shall also be authorized by general license.
                                 ______
                                 
  SA 282. Mr. CRAIG (for himself and Mr. Roberts) proposed an amendment 
to amendment SA 281 proposed by Mr. Baucus (for himself and Mr. Harkin) 
to the bill S. 600, to authorize appropriations for the Department of 
State and international broadcasting activities for fiscal years 2006 
and 2007, for the Peace Corps for fiscal years 2006 and

[[Page S3225]]

2007, for foreign assistance programs for fiscal years 2006 and 2007, 
and for other purposes; as follows:

       In the matter proposed to be added, strike section 2905 and 
     insert the following:

     SEC. 2905. CLARIFICATION OF PAYMENT TERMS UNDER TRADE 
                   SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 
                   2000.

       (a) In General.--Section 908(b)(1) of the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 (22 U.S.C. 
     7207(b)(1)) is amended by inserting after subparagraph (B) 
     the following:
       ``(C) Notwithstanding any other provision of law, the term 
     `payment of cash in advance' means the payment by the 
     purchaser of an agricultural commodity or product and the 
     receipt of such payment by the seller prior to--
       ``(i) the transfer of title of such commodity or product to 
     the purchaser; and
       ``(ii) the release of control of such commodity or product 
     to the purchaser.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on February 22, 2005.
                                 ______
                                 
  SA 283. Mr. DODD proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       At the appropriate place in the bill add the following new 
     section:
       Sec.   . (a) Findings.--
       (1) During most of last four years relations between the 
     United States and the People's Republic of China have been 
     relatively stable;
       (2) The recently released 2004 State Department Country 
     Report on Human Rights continues to characterize China's 
     human rights as poor;
       (3) Bilateral economic and trade relations are important 
     components of the US/Chinese relationship,
       (4) China's growing international economic and political 
     influence has implications for the United States competitive 
     position and for maintaining a strong domestic industrial 
     base;
       (5) Taiwan remains an extremely sensitive and complex 
     bilateral issue between the US and the Peoples Republic of 
     China;
       (6) The US decision to establish diplomatic relations with 
     the People's Republic of China in 1979 was based upon the 
     premise that the future of Taiwan would be determined solely 
     by peaceful means and in a manner that was mutually 
     satisfactory;
       (7) The Taiwan Relations Act makes clear that peace and 
     stability in the region are in the political, security and 
     economic interests of the United States;
       (8) The United States has consistently urged restraint by 
     both China and Taiwan with respect to their actions and 
     declarations; and
       (9) The anti-succession law adopted by the Chinese National 
     People's Congress on March 14, 2005 targeted at Taiwan's 
     independence advocates was a provocative action which has 
     altered the status quo in the region.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       1. China's anti-succession law is destabilizing to regional 
     peace and stability, and is therefore of grave concern to the 
     United States;
       2. The United States Government should employ all 
     diplomatic means to encourage the repeal of that law so the 
     regional stability can be restored;
       3. The United States Government should continue to speak 
     out with respect to China's human rights practices and 
     advocate the release from detention of all political and 
     human rights activists;
       4. The United States Government should more effectively 
     promote United States economic and trade interests by 
     insisting that the People's Republic of China lives up to its 
     international trade obligations to respect and safeguard US 
     intellectual property rights and cease artificially pegging 
     its currency exchange rates; and
       5. The United States Government should undertake a 
     comprehensive review of the implications of China's growing 
     international economic and political influence that are 
     byproducts of its expanding network of trade agreements, its 
     aggressive shipbuilding programs, its efforts to cement 
     scientific and technological cooperation arrangements, and 
     secure additional oil and gas contracts; and should determine 
     what steps should be taken to safeguard the United States 
     industrial base and maintain and enhance U.S. economic 
     competitiveness and political interests.
                                 ______
                                 
  SA 284. Mr. DORGAN (for himself and Mr. Wyden) proposed an amendment 
to the bill S. 600, to authorize appropriations for the Department of 
State and international broadcasting activities for fiscal years 2006 
and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; as follows:

       On page 16, strike lines 13 through 21 and insert the 
     following:
       (1) International broadcasting operations.--For 
     ``International Broadcasting Operations,'' $620,050,000 for 
     the fiscal year 2006 and such sums as may be necessary for 
     the fiscal year 2007.
       (2) Broadcasting capital improvements.--For ``Broadcasting 
     Capital Improvements,'' $10,893,000 for the fiscal year 2006 
     and such sums as may be necessary for the fiscal year 2007.
       (3) Prohibition on television broadcasting to cuba.--None 
     of the amounts appropriated pursuant to the authorization of 
     appropriations in paragraph (1) or (2) may be used to provide 
     television broadcasting to Cuba.
                                 ______
                                 
  SA 285. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 15, line 18, strike ``$13,024,000'' and insert 
     ``$20,300,000''.
                                 ______
                                 
  SA 286. Mr. BIDEN proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       In lieu of the matter proposed to be stricken, insert the 
     following:
       ``Section 404(b)(2)(B) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103-236) 
     is amended by adding at the end the following:
       ``(v) For assessments made during calendar years 2005, 
     2006, and 2007, 27.1 percent.''
                                 ______
                                 
  SA 287. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, line 20, striking ``There'' and insert the 
     following:
       (1) Authorization of Appropriations.--There
       On page 12, between lines 3 and 4, insert the following:
       (2) No Growth Budget.--Of the amounts appropriated pursuant 
     to the authorization of appropriations in paragraph (1), 
     $80,000,000 shall be withheld for each of the calendar years 
     2006 and 2007 unless the Secretary submits a certification to 
     the appropriate congressional committees for each such 
     calendar year that states that the United Nations has taken 
     no action during the preceding calendar year to increase 
     funding for any United Nations program without identifying an 
     offsetting decrease elsewhere in the United Nations budget 
     during that calendar year and that for such calendar years 
     the United Nations will not exceed the spending limits of the 
     initial 2004-2005 United Nations biennium budget adopted in 
     December, 2003.
                                 ______
                                 
  SA 288. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 59, between lines 4 and 5, insert the following new 
     section:

     SEC. 405. UNITED NATIONS OFFICE OF THE INSPECTOR GENERAL.

       (a) Withholding of Portion of Certain Assessed 
     Contributions.--Twenty percent of the funds made available in 
     each fiscal year under section 102(a) for the assessed 
     contribution of the United States to the United Nations shall 
     be withheld from obligation and expenditure until a 
     certification is made under subsection (b).
       (b) Certification.--A certification under this subsection 
     is a certification by the Secretary in the fiscal year 
     concerned that the following conditions are satisfied:
       (1) Actions by the united nations.--
       (A) The United Nations has met the requirements of 
     paragraphs (1) through (6) of section 401(b) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 
     (Public Law 103-236; 108 Stat. 446).
       (B) The Office of Internal Oversight Services has fulfilled 
     the directive in General Assembly Resolution 48/218B to make 
     all of its reports available to the General Assembly, with 
     modifications to those reports that would violate 
     confidentiality or the due process rights of individuals 
     involved in any investigation.
       (C) The Office of Internal Oversight Services has an 
     independent budget that does not

[[Page S3226]]

     require the approval of the United Nations Budget Office.
       (D) The length of the fixed, non-renewable term of the 
     Under-Secretary-General of the Office of Internal Oversight 
     Services is seven years.
       (2) Actions by the oios.--The Office of Internal Oversight 
     Service has authority to audit, inspect, or investigate each 
     program, project, or activity funded by the United Nations, 
     and each executive board created under the United Nations has 
     been notified in writing of that authority.
                                 ______
                                 
  SA 289. Mr. OBAMA (for himself, Mr. Inouye, and Mr. Stevens) 
submitted an amendment intended to be proposed by him to the bill S. 
600, to authorize appropriations for the Department of State and 
international broadcasting activities for fiscal years 2006 and 2007, 
for the Peace Corps for fiscal years 2006 and 2007, for foreign 
assistance programs for fiscal years 2006 and 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XXII of Division B, add 
     the following new section:

     SEC. 2227. ASSISTANCE TO THE PHILIPPINES.

       (a) Findings.--Congress makes the following findings:
       (1) On May 19, 2003, President George W. Bush and President 
     of the Philippines Gloria Macapagal-Arroyo issued a joint 
     statement that stated that ``[t]he Presidents agreed that 
     relations are deeper and warmer today than at any time in 
     recent history and noted that those ties are rooted in shared 
     history, shared values, and a common interest in global peace 
     and prosperity. President Bush and President Macapagal-Arroyo 
     paid tribute to a revitalized and maturing bilateral alliance 
     and pledged to strengthen the partnership further in the 
     years ahead.''
       (2) According to the Department of State, ``[t]he U.S. has 
     important security, commercial and political interests in the 
     Philippines, a treaty ally that straddles important air and 
     sea lanes. . . . In recognition of the critical nature of 
     Philippine support to the Global War on Terrorism, President 
     Bush designated the Philippines as a major Non-NATO ally.''
       (3) On February 16, 2005, the Director of Central 
     Intelligence stated: ``In the Philippines, Manila is 
     struggling with prolonged Islamic and Communist rebellions. 
     The presence of Jemaah Islamiyah terrorists seeking safe 
     haven and training bases adds volatility and capability to 
     terrorist groups already in place.''
       (4) According to the United States Agency for International 
     Development, ``[c]orruption and conflict continue to impede 
     the Philippines' economic and social development. Forty-six 
     percent of the country's population lives on $2 per day or 
     less. . . . The Philippines continues to suffer some of the 
     worst effects of underdevelopment: a 2.36 percent rate of 
     population growth; destructive exploitation of natural 
     resources; and vulnerability to political instability. . . . 
     Nevertheless, the Philippines has maintained its democratic 
     institutions and its market-based economic system, as well as 
     its historic ties with the United States.''
       (5) Despite the importance of the bilateral relationship 
     between the United States and the Philippines, the budget 
     request submitted by the President for fiscal year 2006 
     contains decreases in assistance to the Philippines in 
     several important foreign assistance accounts.
       (b) Assistance to the Philippines.--There are authorized to 
     be appropriated to the President for assistance for the 
     Philippines the following amounts for fiscal year 2006:
       (1) For ``Development Assistance'' to carry out the 
     provisions of sections 103, 105, 106, and 496 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, 2151d, and 
     2293), $27,576,000.
       (2) For ``Child Survival and Health Programs Fund'' to 
     carry out the provisions of sections 104 and 496 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151b and 2293), 
     $26,800,000.
       (3) For ``Economic Support Fund'' to carry out the 
     provisions of chapter 4 of part II of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2346 et seq.), $34,720,000.
       (4) For ``International Narcotics and Law Enforcement'' to 
     carry out the provisions of section 481 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291), $2,000,000.
       (5) For ``Nonproliferation, Anti-Terrorism, Demining, and 
     Related Programs'', $5,150,000.
       (6) For ``International Military Education and Training'' 
     to carry out the provisions of section 541 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2347), $1,000,000.
       (7) For ``Foreign Military Financing Program'' grants to 
     carry out the provision of section 23 of the Arms Export 
     Control Act (22 U.S.C. 2763), $55,000,000.
       (c) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Administrator of the Agency for International 
     Development, shall submit to the appropriate congressional 
     committees a report containing a 10-year strategy for 
     providing assistance to the Philippines.
       (2) Content.--The report required under paragraph (1) shall 
     include projected funding levels to help the Government of 
     the Philippines deal effectively with a number of issues 
     facing the country, including poverty, corruption, military 
     reform, economic development, environmental damage, 
     international terrorism, democracy building, and narcotics 
     trafficking.
                                 ______
                                 
  SA 290. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 110, between lines 4 and 5, insert the following:

     SEC. 812. REQUIREMENTS FOR ADMISSION TO THE UNITED STATES.

       (a) Requirement for Oath Prior to Obtaining Visa.--Section 
     222 of the Immigration and Nationality Act (8 U.S.C. 1202) is 
     amended by adding at the end the following new subsection:
       ``(i) Every alien applying for a nonimmigrant visa shall, 
     prior to obtaining such visa, swear or affirm an oath stating 
     that--
       ``(1) the alien shall adhere to the laws and to the 
     Constitution of the United States;
       ``(2) the alien will not attempt to develop information for 
     the purpose of threatening the national security of the 
     United States or to bring harm to any citizen of the United 
     States;
       ``(3) the alien is not associated with a terrorist 
     organization;
       ``(4) the alien has not and will not receive any funds or 
     other support to visit the United States from a terrorist 
     organization;
       ``(5) all documents submitted to support the alien's 
     application are valid and contain truthful information;
       ``(6) the alien will inform the appropriate authorities if 
     the alien is approached or contacted by a member of a 
     terrorist organization; and
       ``(7) the alien understands that the alien's visa shall be 
     revoked and the alien shall be removed from the United States 
     if the alien is found--
       ``(A) to have acted in a manner that is inconsistent with 
     this oath; or
       ``(B) provided fraudulent information in order to obtain a 
     visa.''.
       (b) Requirement for Oath Prior to Admission.--
       (1) In general.--The Secretary of Homeland Security or an 
     individual designated by the Secretary of Homeland Security 
     shall require an alien seeking admission to the United States 
     pursuant to a nonimmigrant visa to swear or affirm an oath 
     reaffirming all the information provided by the alien for the 
     purpose of obtaining the nonimmigrant visa.
       (2) Administration of oath.--The Secretary of Homeland 
     Security shall administer the oath required by paragraph (1) 
     to an alien in the United States prior to the admission of 
     such alien.
       (3) False statements.--An alien who knowingly and willfully 
     makes a false statement in swearing or affirming the oath 
     required by paragraph (1) shall be subject to the penalties 
     imposed for making a false statement under section 1001 of 
     title 18, United States Code.
       (4) Admission defined.--In this subsection, the term 
     ``admission'' shall have the meaning given that term in 
     section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)).
                                 ______
                                 
  SA 291. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 318.

                          ____________________