[Congressional Record (Bound Edition), Volume 145 (1999), Part 10]
[Senate]
[Pages 14919-14924]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2000

                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 1118

  Mr. BROWNBACK proposed an amendment to the bill (S. 1234) making 
appropriations for foreign operations, export financing, and related 
programs for the fiscal year ending September 30, 2000, and for other 
purposes; as follows:

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

     SEC. __. SILK ROAD STRATEGY ACT OF 1999.

       (a) Short Title.--This section may be cited as the ``Silk 
     Road Strategy Act of 1999''.
       (b) Amendment of the Foreign Assistance of 1961.--Part I of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
     is amended by adding at the end the following new chapter:

 ``CHAPTER 12--SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF 
          THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA

     ``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE 
                   RECONCILIATION AND RECOVERY FROM REGIONAL 
                   CONFLICTS.

       ``(a) Purpose of Assistance.--The purposes of assistance 
     under this section include--
       ``(1) the creation of the basis for reconciliation between 
     belligerents;
       ``(2) the promotion of economic development in areas of the 
     countries of the South Caucasus and Central Asia impacted by 
     civil conflict and war; and
       ``(3) the encouragement of broad regional cooperation among 
     countries of the South Caucasus and Central Asia that have 
     been destabilized by internal conflicts.
       ``(b) Authorization for Assistance.--
       ``(1) In general.--To carry out the purposes of subsection 
     (a), the President is authorized to provide humanitarian 
     assistance and economic reconstruction assistance for the 
     countries of the South Caucasus and Central Asia to support 
     the activities described in subsection (c).
       ``(2) Definition of humanitarian assistance.--In this 
     subsection, the term `humanitarian assistance' means 
     assistance to meet humanitarian needs, including needs for 
     food, medicine, medical supplies and equipment, education, 
     and clothing.
       ``(c) Activities Supported.--Activities that may be 
     supported by assistance under subsection (b) include--
       ``(1) providing for the humanitarian needs of victims of 
     the conflicts;
       ``(2) facilitating the return of refugees and internally 
     displaced persons to their homes; and
       ``(3) assisting in the reconstruction of residential and 
     economic infrastructure destroyed by war.

     ``SEC. 499A. ECONOMIC ASSISTANCE.

       ``(a) Purpose of Assistance.--The purpose of assistance 
     under this section is to foster economic growth and 
     development, including the conditions necessary for regional 
     economic cooperation, in the South Caucasus and Central Asia.
       ``(b) Authorization for Assistance.--To carry out the 
     purpose of subsection (a), the President is authorized to 
     provide assistance for the countries of the South Caucasus 
     and Central Asia to support the activities described in 
     subsection (c).
       ``(c) Activities Supported.--In addition to the activities 
     described in section 498, activities supported by assistance 
     under subsection (b) should support the development of the 
     structures and means necessary for the growth of private 
     sector economies based upon market principles.

     ``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.

       ``(a) Purpose of Programs.--The purposes of programs under 
     this section include--
       ``(1) to develop the physical infrastructure necessary for 
     regional cooperation among the countries of the South 
     Caucasus and Central Asia; and
       ``(2) to encourage closer economic relations and to 
     facilitate the removal of impediments to cross-border 
     commerce among those countries and the United States and 
     other developed nations.
       ``(b) Authorization for Programs.--To carry out the 
     purposes of subsection (a), the following types of programs 
     for the countries of the South Caucasus and Central Asia may 
     be used to support the activities described in subsection 
     (c):
       ``(1) Activities by the Export-Import Bank to complete the 
     review process for eligibility for financing under the 
     Export-Import Bank Act of 1945.
       ``(2) The provision of insurance, reinsurance, financing, 
     or other assistance by the Overseas Private Investment 
     Corporation.
       ``(3) Assistance under section 661 of this Act (relating to 
     the Trade and Development Agency).
       ``(c) Activities Supported.--Activities that may be 
     supported by programs under subsection (b) include promoting 
     actively the participation of United States companies and 
     investors in the planning, financing, and construction of 
     infrastructure for communications, transportation, including 
     air transportation, and energy and trade including highways, 
     railroads, port facilities, shipping, banking, insurance, 
     telecommunications networks, and gas and oil pipelines.

     ``SEC. 499C. BORDER CONTROL ASSISTANCE.

       ``(a) Purpose of Assistance.--The purpose of assistance 
     under this section includes the assistance of the countries 
     of the South Caucasus and Central Asia to secure their 
     borders and implement effective controls necessary to prevent 
     the trafficking of illegal narcotics and the proliferation of 
     technology and materials related to weapons of mass 
     destruction (as defined in section 2332a(c)(2) of title 18, 
     United States Code), and to contain and inhibit transnational 
     organized criminal activities.
       ``(b) Authorization for Assistance.--To carry out the 
     purpose of subsection (a), the President is authorized to 
     provide assistance to the countries of the South Caucasus and 
     Central Asia to support the activities described in 
     subsection (c).
       ``(c) Activities Supported.--Activities that may be 
     supported by assistance under subsection (b) include 
     assisting those countries of the South Caucasus and Central 
     Asia in developing capabilities to maintain national border 
     guards, coast guard, and customs controls.

     ``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE 
                   DEVELOPMENT OF CIVIL SOCIETY.

       ``(a) Purpose of Assistance.--The purpose of assistance 
     under this section is to promote institutions of democratic 
     government and to create the conditions for the growth of 
     pluralistic societies, including religious tolerance and 
     respect for internationally recognized human rights.
       ``(b) Authorization for Assistance.--To carry out the 
     purpose of subsection (a), the President is authorized to 
     provide the following types of assistance to the countries of 
     the South Caucasus and Central Asia:
       ``(1) Assistance for democracy building, including programs 
     to strengthen parliamentary institutions and practices.
       ``(2) Assistance for the development of nongovernmental 
     organizations.
       ``(3) Assistance for development of independent media.
       ``(4) Assistance for the development of the rule of law, a 
     strong independent judiciary, and transparency in political 
     practice and commercial transactions.
       ``(5) International exchanges and advanced professional 
     training programs in skill areas central to the development 
     of civil society.
       ``(6) Assistance to promote increased adherence to civil 
     and political rights under section 116(e) of this Act.
       ``(c) Activities Supported.--Activities that may be 
     supported by assistance under subsection (b) include 
     activities that are designed to advance progress toward the 
     development of democracy.

     ``SEC. 499E. ADMINISTRATIVE AUTHORITIES.

       ``(a) Assistance Through Governments and Nongovernmental 
     Organizations.--Assistance under this chapter may be provided 
     to governments or through nongovernmental organizations.
       ``(b) Use of Economic Support Funds.--Except as otherwise 
     provided, any funds that have been allocated under chapter 4 
     of part II for assistance for the independent states of the 
     former Soviet Union may be used in accordance with the 
     provisions of this chapter.
       ``(c) Terms and Conditions.--Assistance under this chapter 
     shall be provided on such terms and conditions as the 
     President may determine.
       ``(d) Available Authorities.--The authority in this chapter 
     to provide assistance for the countries of the South Caucasus 
     and Central Asia is in addition to the authority to provide 
     such assistance under the FREEDOM Support Act (22 U.S.C. 5801 
     et seq.) or any other Act, and the authorities applicable to 
     the provision of assistance under chapter 11 may be used to 
     provide assistance under this chapter.

     ``SEC. 499F. DEFINITIONS.

       ``In this chapter:
       ``(1) Appropriate congressional committees.--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) Countries of the south caucasus and central asia.--
     The term `countries of the South Caucasus and Central Asia' 
     means Armenia, Azerbaijan, Georgia, Kazakstan,

[[Page 14920]]

     Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.''.
       (c) Restriction on Assistance for Government of 
     Azerbaijan.--Section 907 of the Freedom Support Act (22 
     U.S.C. 5812 note) is amended--
       (1) by inserting ``(a) Restriction.--''; and
       (2) by adding at the end the following:
       ``(b) Waiver.--The restriction on assistance in subsection 
     (a) shall not apply if the President determines, and so 
     certifies to Congress, that the application of the 
     restriction would not be in the national interests of the 
     United States.''.
       (d) Conforming Amendments.--Section 102(a) of the FREEDOM 
     Support Act (Public Law 102-511) is amended in paragraphs (2) 
     and (4) by striking each place it appears ``this Act)'' and 
     inserting ``this Act and chapter 12 of part I of the Foreign 
     Assistance Act of 1961)''.
       (e) Annual Report.--Section 104 of the FREEDOM Support Act 
     (22 U.S.C. 5814) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) with respect to the countries of the South Caucasus 
     and Central Asia--
       ``(A) an identification of the progress made by the United 
     States in accomplishing the policy described in section 3 of 
     the Silk Road Strategy Act of 1999;
       ``(B) an evaluation of the degree to which the assistance 
     authorized by chapter 12 of part I of the Foreign Assistance 
     Act of 1961 has accomplished the purposes identified in that 
     chapter;
       ``(C) a description of the progress being made by the 
     United States to negotiate a bilateral agreement relating to 
     the protection of United States direct investment in, and 
     other business interests with, each country; and
       ``(D) recommendations of any additional initiatives that 
     should be undertaken by the United States to implement the 
     policy and purposes contained in the Silk Road Strategy Act 
     of 1999.''.
                                 ______
                                 

               McCONNELL (AND OTHERS) AMENDMENT NO. 1119

  Mr. McCONNELL (for himself, Mr. Abraham, Mr. Sarbanes, Mr. 
Torricelli, and Mr. Kennedy) proposed an amendment to amendment No. 
1118 proposed by Mr. Brownback to the bill, S. 1234, supra; as follows:

       On page 9, line 3 strike all after ``(c) Restriction 
     through line 12 States.''.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 1120

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill S. 1234, supra; as follows:

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

     SEC.  . HUMANITARIAN ASSISTANCE FOR SUNDANESE INDIGENOUS 
                   GROUPS.

       The President, acting through the appropriate Federal 
     agencies, is authorized to provide humanitarian assistance, 
     including food, directly to the National Democratic Alliance 
     participants and the Sudanese People's Liberation Movement 
     operating outside of the Operation Lifeline Sudan structure.
                                 ______
                                 

                  THOMAS (AND ENZI) AMENDMENT NO. 1121

  (Ordered to lie on the table.)
  Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment intended 
to be proposed by them to the bill, S. 1234, supra; as follows:

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

     ``SEC.  . PROHIBITION ON 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 aboard as a 
     memorial of combat abroad.''
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 1122

  (Ordered to lie on the table.)
  Mr. ASHCROFT (for himself, Mr. Hagel, Mr. Baucus, Mr. Roberts, Mr. 
Kerry, Mr. Dodd, Mr. Brownback, Mr. Grams, Mr. Warner, Mr. Leahy and 
Mr. Craig) submitted an amendment intended to be proposed by them to 
the bill, S. 1234, supra; as follows:

       At the appropriate place, insert the following:
       Sec. __. Requirement of Congressional Approval of Any 
     Unilateral Agricultural or Medical Sanction.--(a) 
     Definitions.--In this section:
       (1) Agricultural commodity.--
       (A) In general.--The term ``agricultural commodity'' has 
     the meaning given the term in section 402 of the Agricultural 
     Trade Development and Assistance Act of 1954 (7 U.S.C. 1732).
       (B) Exclusion.--The term ``agricultural commodity'' does 
     not include any agricultural commodity that is used to 
     facilitate the development or production of a chemical or 
     biological weapon.
       (2) Agricultural program.--The term ``agricultural 
     program'' means--
       (A) any program administered under the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 et. 
     seq.);
       (B) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (C) any commercial sale of agricultural commodities, 
     including a commercial sale of an agricultural commodity that 
     is prohibited under a unilateral agricultural sanction that 
     is in effect on the date of enactment of this Act; or
       (D) any export financing (including credits or credit 
     guarantees) for agricultural commodities.
       (3) Joint resolution.--The term ``joint resolution'' 
     means--
       (A) in the case of subsection (b)(1)(B), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (b)(1)(A) is received by Congress, the matter 
     after the resolving clause of which is as follows: ``That 
     Congress approves the report of the President pursuant to 
     section __(b)(1)(A) of the _____ Act __, transmitted on 
     _______.'', with the blank completed with the appropriate 
     date; and
       (B) in the case of subsection (e)(2), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (e)(1) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     __(e)(1) of the _____ Act __, transmitted on _______.'', with 
     the blank completed with the appropriate date.
       (4) Medical device.--
       (A) In general.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (B) Exclusion.--The term ``medical device'' does not 
     include any device that is used to facilitate the development 
     or production of a chemical or biological weapon.
       (5) Medicine.--
       (A) In general.--The term ``medicine'' has the meaning 
     given the term ``drug'' in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).
       (B) Exclusion.--The term ``medicine'' does not include any 
     drug that is used to facilitate the development or production 
     of a chemical or biological weapon.
       (6) Unilateral agricultural sanction.--The term 
     ``unilateral agricultural sanction'' means any prohibition, 
     restriction, or condition on carrying out an agricultural 
     program with respect to a foreign country or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to a multilateral 
     regime and the other member countries of that regime have 
     agreed to impose substantially equivalent measures.
       (7) Unilateral medical sanction.--The term ``unilateral 
     medical sanction'' means any prohibition, restriction, or 
     condition on exports of, or the provision of assistance 
     consisting of, medicine or a medical device with respect to a 
     foreign country or foreign entity that is imposed by the 
     United States for reasons of foreign policy or national 
     security, except in a case in which the United States imposes 
     the measure pursuant to a multilateral regime and the other 
     member countries of that regime have agreed to impose 
     substantially equivalent measures.
       (b) Restriction.--
       (1) New sanctions.--Except as provided in subsections (c) 
     and (d) and notwithstanding any other provision of law, the 
     President may not impose a unilateral agricultural sanction 
     or unilateral medical sanction against a foreign country or 
     foreign entity for any fiscal year, unless--
       (A) not later than 60 days before the sanction is proposed 
     to be imposed, the President submits a report to Congress 
     that--

[[Page 14921]]

       (i) describes the activity proposed to be prohibited, 
     restricted, or conditioned; and
       (ii) describes the actions by the foreign country or 
     foreign entity that justify the sanction; and
       (B) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under subparagraph (A).
       (2) Existing sanctions.--
       (A) In general.--Except as provided in subparagraph (B), 
     with respect to any unilateral agricultural sanction or 
     unilateral medical sanction that is in effect as of the date 
     of enactment of this Act for any fiscal year, the President 
     shall immediately cease to implement such sanction.
       (B) Exemptions.--Subparagraph (A) shall not apply to a 
     unilateral agricultural sanction or unilateral medical 
     sanction imposed with respect to an agricultural program or 
     activity described in subparagraph (B) or (D) of subsection 
     (a)(2).
       (c) Exceptions.--The President may impose (or continue to 
     impose) a sanction described in subsection (b) without regard 
     to the procedures required by that subsection--
       (1) against a foreign country or foreign entity with 
     respect to which Congress has enacted a declaration of war 
     that is in effect on or after the date of enactment of this 
     Act; or
       (2) to the extent that the sanction would prohibit, 
     restrict, or condition the provision or use of any 
     agricultural commodity that is controlled on--
       (A) the United States Munitions List established under 
     section 38 of the Arms Export Control Act (22 U.S.C. 2778); 
     or
       (B) any control list established under the Export 
     Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
       (d) Countries Supporting International Terrorism.--This 
     section shall not affect the prohibition on providing 
     assistance to the government of any country supporting 
     international terrorism that is established by section 620A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
       (e) Termination of Sanctions.--Any unilateral agricultural 
     sanction or unilateral medical sanction that is imposed 
     pursuant to the procedures described in subsection (b)(1) 
     shall terminate not later than 2 years after the date on 
     which the sanction became effective unless--
       (1) not later than 60 days before the date of termination 
     of the sanction, the President submits to Congress a report 
     containing the recommendation of the President for the 
     continuation of the sanction for an additional period of not 
     to exceed 2 years and the request of the President for 
     approval by Congress of the recommendation; and
       (2) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under paragraph (1).
       (f) Congressional Priority Procedures.--
       (1) Referral of report.--A report described in subsection 
     (b)(1)(A) or (e)(1) shall be referred to the appropriate 
     committee or committees of the House of Representatives and 
     to the appropriate committee or committees of the Senate.
       (2) Referral of joint resolution.--
       (A) In general.--A joint resolution shall be referred to 
     the committees in each House of Congress with jurisdiction.
       (B) Reporting date.--A joint resolution referred to in 
     subparagraph (A) may not be reported before the eighth 
     session day of Congress after the introduction of the joint 
     resolution.
       (3) Discharge of committee.--If the committee to which is 
     referred a joint resolution has not reported the joint 
     resolution (or an identical joint resolution) at the end of 
     30 session days of Congress after the date of introduction of 
     the joint resolution--
       (A) the committee shall be discharged from further 
     consideration of the joint resolution; and
       (B) the joint resolution shall be placed on the appropriate 
     calendar of the House concerned.
       (4) Floor consideration.--
       (A) Motion to proceed.--
       (i) In general.--When the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged under paragraph (3) from further consideration of, 
     a joint resolution--

       (I) it shall be at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any member of the House concerned to move 
     to proceed to the consideration of the joint resolution; and
       (II) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived.

       (ii) Privilege.--The motion to proceed to the consideration 
     of the joint resolution--

       (I) shall be highly privileged in the House of 
     Representatives and privileged in the Senate; and
       (II) not debatable.

       (iii) Amendments and motions not in order.--The motion to 
     proceed to the consideration of the joint resolution shall 
     not be subject to--

       (I) amendment;
       (II) a motion to postpone; or
       (III) a motion to proceed to the consideration of other 
     business.

       (iv) Motion to reconsider not in order.--A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order.
       (v) Business until disposition.--If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     House concerned until disposed of.
       (B) Limitations on debate.--
       (i) In general.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution.
       (ii) Further debate limitations.--A motion to limit debate 
     shall be in order and shall not be debatable.
       (iii) Amendments and motions not in order.--An amendment 
     to, a motion to postpone, a motion to proceed to the 
     consideration of other business, a motion to recommit the 
     joint resolution, or a motion to reconsider the vote by which 
     the joint resolution is agreed to or disagreed to shall not 
     be in order.
       (C) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the House concerned, the vote on 
     final passage of the joint resolution shall occur.
       (D) Rulings of the chair on procedure.--An appeal from a 
     decision of the Chair relating to the application of the 
     rules of the Senate or House of Representatives, as the case 
     may be, to the procedure relating to a joint resolution shall 
     be decided without debate.
       (5) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     the following procedures shall apply:
       (A) No committee referral.--The joint resolution of the 
     other House shall not be referred to a committee.
       (B) Floor procedure.--With respect to a joint resolution of 
     the House receiving the joint resolution--
       (i) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       (C) Disposition of joint resolutions of receiving house.--
     On disposition of the joint resolution received from the 
     other House, it shall no longer be in order to consider the 
     joint resolution originated in the receiving House.
       (6) Procedures after action by both the house and senate.--
     If a House receives a joint resolution from the other House 
     after the receiving House has disposed of a joint resolution 
     originated in that House, the action of the receiving House 
     with regard to the disposition of the joint resolution 
     originated in that House shall be deemed to be the action of 
     the receiving House with regard to the joint resolution 
     originated in the other House.
       (7) Rulemaking power.--This subsection is enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such this 
     subsection--
       (i) is deemed to be a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution; and
       (ii) supersedes other rules only to the extent that this 
     subsection is inconsistent with those rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as the rules relate 
     to the procedure of that House) at any time, in the same 
     manner and to the same extent as in the case of any other 
     rule of that House.
       (g) Effective Date.--This section takes effect 30 days 
     after the date of enactment of this Act.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 1123

  Mr. WELLSTONE proposed an amendment to the bill, S. 1234, supra; as 
follows:

       On page 128, between lines 13 and 14, insert the following 
     new title:

     TITLE--INTERNATIONAL TRAFFICKING OF WOMEN AND CHILDREN VICTIM 
                               PROTECTION

     SEC. __01. SHORT TITLE.

       This title 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

[[Page 14922]]

     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 title 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

     SEC. __04. DEFINITIONS.

       In this title:
       (1) 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.
       (2) 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;
       (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. 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;

[[Page 14923]]

       (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. __07. ASSISTANCE TO TRAFFICKING VICTIMS.

       (a) In the United States.--The Secretary of Health and 
     Human Services is authorized 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 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. __08. 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 
     title shall not be available for the procurement of weapons 
     or ammunition.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 1124

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, S. 1234, supra; as follows:

       On page 128, between lines 13 and 14, insert the following:

       TITLE VI--ECONOMIC COOPERATION PROJECTS IN CHINA AND TIBET

     SEC. 601. STATEMENT OF PRINCIPLES.

       (a) Purpose.--It is the purpose of this title to establish 
     principles governing the conduct of United States economic 
     cooperation projects in the People's Republic of China and in 
     Tibet.
       (b) Principles.--It is the sense of Congress that any 
     United States economic cooperation project shall, within its 
     facilities and those of its suppliers in the People's 
     Republic of China or Tibet, do the following:
       (1) Prohibit the manufacture of goods or products by bonded 
     labor or forced labor, within prison camps or as part of 
     reform-through-labor or reeducation-through-labor programs.
       (2) Provide wages that meet workers' basic needs and 
     provide fair and decent working hours, including at a 
     minimum, adhering to the wage and hour guidelines under the 
     national labor laws and policies of the People's Republic of 
     China.
       (3) Use production methods that do not negatively affect 
     the occupational safety and health of workers.
       (4) Prohibit the use of corporal punishment, as well as any 
     physical, sexual, or verbal abuse or harassment, of workers.
       (5) Refrain from seeking police or military intervention to 
     prevent workers from exercising their rights.
       (6) Promote the following freedoms among their employees 
     and the employees of their suppliers: freedom of association 
     and assembly (including the right to form unions and to 
     bargain collectively); freedom of expression; and freedom 
     from arbitrary arrest or detention.
       (7) Prohibit discrimination in hiring, remuneration, or 
     promotion based on age, gender, marital status, pregnancy, 
     ethnicity, or region of origin.
       (8) Prohibit discrimination in hiring, remuneration, or 
     promotion based on labor, political, or religious activity, 
     on involvement in demonstrations, past records of arrests or 
     internal exile for peaceful protest, or on membership in 
     organizations committed to nonviolent social or political 
     change.
       (9) Use environmentally responsible methods of production 
     that have minimal adverse impact on land, air, and water 
     quality.
       (10) Prohibit child labor, including at a minimum, 
     complying with guidelines on minimum age for employment under 
     the national labor laws of the People's Republic of China.
       (c) Promotion of Principles by Other Nations.--The 
     Secretary of State shall forward a copy of the principles set 
     forth in subsection (b) to each member nation of the 
     Organization for Economic Cooperation and Development and 
     encourage such nation to promote principles similar to such 
     principles.

     SEC. 602. REGISTRATION REQUIREMENT.

       (a) Requirement.--
       (1) In general.--Each United States parent company 
     conducting a United States economic cooperation project in 
     the People's Republic of China or Tibet shall register with 
     the Secretary of State and indicate whether such company 
     agrees to implement the principles set forth in section 
     601(b).
       (2) Prohibition on fee.--No fee shall be required for 
     purposes of registration under paragraph (1).
       (b) Effective Date.--Subsection (a) shall take effect 180 
     days after the date of the enactment of this Act.

     SEC. 603. REPORTING REQUIREMENTS.

       (a) Reports by United States Parent Companies.--
       (1) In general.--Each United States parent company 
     conducting a United States economic cooperation project in 
     the People's Republic of China or Tibet shall submit to the 
     Secretary of State a report describing such company's 
     adherence to the principles set forth in section 601(b) 
     during the one-year period ending on the date of such report.
       (2) Form.--The report shall be submitted on a form 
     furnished by the Secretary.
       (3) Submittal dates.--A United States parent company shall 
     submit the report required by paragraph (1) not later than 
     one year after the date on which the company registers under 
     section 602 and annually thereafter.
       (b) Review of Reports.--
       (1) In general.--The Secretary shall review each report 
     submitted under subsection (a) to determine whether the 
     United States parent company submitting such report is 
     adhering to the principles set forth in section 601(b).
       (2) Additional information.--The Secretary may request 
     additional information from a United States parent company 
     for purposes of the review of its report under this 
     subsection, and may use other sources of information to 
     verify the information contained in such report.
       (c) Annual Report.--Not later than two years after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress and to the Secretariat of 
     the Organization for Economic Cooperation and Development a 
     report assessing the adherence of United States parent 
     companies subject to the reporting requirement in subsection 
     (a) to the principles set forth in section 601(b). Each 
     report shall cover the one-year period ending on the date of 
     such report.

     SEC. 604. EXPORT MARKETING SUPPORT.

       (a) Support.--A department or agency of the United States 
     Government may intercede with a foreign government or foreign 
     national regarding export marketing activity in the People's 
     Republic of China or Tibet on behalf of a United States 
     parent company subject to the reporting requirement in 
     section 603(a) only if the United States parent company 
     adheres to the principles set forth in section 601(b).
       (b) Effective Date.--Subsection (a) shall take effect two 
     years after the date of the enactment of this Act.

     SEC. 605. DEFINITIONS.

       In this title:
       (1) Adhere.--The terms ``adhere to'', ``adhering to'', and 
     ``adherence to'', in the case of the principles set forth in 
     section 601(b), mean--
       (A) agreeing to implement the principles;
       (B) implementing the principles by taking good faith 
     measures with respect to each principle; and
       (C) reporting accurately to the Secretary of State on the 
     measures taken to implement the principles.
       (2) Intercede with a foreign government or foreign 
     national.--
       (A) In general.--The term ``intercede with a foreign 
     government or foreign national'' includes any contact by an 
     officer or employee of the United States with officials of 
     any foreign government or foreign national involving or 
     contemplating any effort to assist in selling a good, 
     service, or technology in the People's Republic of China or 
     Tibet.
       (B) Exclusion.--The term does not include multilateral or 
     bilateral government-to-government trade negotiations 
     intended to resolve trade issues which may affect United 
     States parent companies which do not adhere to the principles 
     set forth in section 601(b).
       (3) United states economic cooperation project.--The term 
     ``United States economic cooperation project'' means the 
     following:
       (A) An equity joint venture, cooperative joint venture, or 
     wholly foreign-owned enterprise established under the laws of 
     the People's Republic of China in which--
       (i) a corporation, partnership, wholly-owned subsidiary, or 
     other business association organized under the laws of the 
     United States is an investor; or

[[Page 14924]]

       (ii) a corporation, partnership, or other business 
     association organized under the laws of a country other than 
     the United States, or under the laws of a territory or 
     possession of a country other than the United States, which 
     is wholly owned by a corporation, partnership, or other 
     business association organized under the laws of the United 
     States, is an investor and which employs more than 50 
     individuals in the People's Republic of China or Tibet.
       (B) A branch office or representative office in the 
     People's Republic of China or Tibet of--
       (i) a corporation, partnership, wholly-owned subsidiary, or 
     other business association organized under the laws of the 
     United States; or
       (ii) a corporation, partnership, or other business 
     association organized under the laws of a country other than 
     the United States, or under the laws of a territory or 
     possession of a country other than the United States, which 
     is wholly owned by a corporation, partnership, or other 
     business association organized under the laws of the United 
     States, which employs more than 25 individuals in the 
     People's Republic of China or Tibet.
       (4) Organized under the laws of the united states.--The 
     term ``organized under the laws of the United States'' means 
     organized under the laws of the United States, any State of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, or any other 
     territory or possession of the United States.
       (5) United states parent company.--The term ``United States 
     parent company'' means a corporation, partnership, or other 
     business association organized under the laws of the United 
     States which is--
       (A) the direct investor in a United States economic 
     cooperation project as described in paragraph (3)(A)(i), or 
     the sole owner of the investor in a United States economic 
     cooperation project as described in paragraph (3)(A)(ii); or
       (B) the registrant in the People's Republic of China of a 
     branch office or representative office as described in 
     paragraph (3)(B)(i), or the sole owner of the registrant of a 
     branch office or representative office in the People's 
     Republic of China or Tibet as described in paragraph 
     (3)(B)(ii).
                                 ______
                                 
      SMITH AMENDMENT NO. 1125
  Mr. McCONNELL (for Mr. Smith of Oregon) proposed an amendment to the 
bill, S. 1234, supra; as follows:

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

     SEC.  . SENSE OF THE SENATE ON THE CITIZENS DEMOCRACY CORPS.

       It is the sense of the Senate that--
       (1) with regard to promoting economic development and open, 
     democratic countries in the former Soviet Union and Central 
     Eastern Europe, the Committee commends the work of the 
     Citizens Democracy Corps (CDC), which utilizes senior-level 
     U.S. business volunteers to assist enterprises, institutions, 
     and local governments abroad. Their work demonstrates the 
     significant impact that USAID support of a U.S. non-
     governmental organization (NGO) program can have on the key 
     U.S. foreign policy priorities of promoting broad-based, 
     stable economic growth and open, market-oriented economies in 
     transitioning economies. By drawing upon the skills and 
     voluntary spirit of U.S. businessmen and women to introduce 
     companies, CDC furthers the goals of the Freedom of Support 
     Act (NIS) and Support for Eastern European Democracy (SEED), 
     forging positive, lasting connections between the U.S. and 
     these countries. The Committee endorses CDC's very cost-
     effective programs and believes they should be supported and 
     expanded not only in the former Soviet Union and Eastern 
     Europe, but in transitioning and developing economies 
     throughout the world.

                          ____________________