[House Report 104-147]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-147
_______________________________________________________________________


 
   PROVIDING FOR THE CONSIDERATION OF H.R. 1868, FOREIGN OPERATIONS 
                  APPROPRIATIONS FOR FISCAL YEAR 1996

                                _______


   June 20, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


     Mr. Goss, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 170]
    The Committee on Rules, having had under consideration 
House Resolution 170, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 1868, 
the Foreign Operations Appropriations Act for fiscal year 1996 
under an open rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on Appropriations.
    The rule waives clause 2, prohibiting unauthorized 
appropriations and legislative provisions in an appropriations 
bill; clause 5(b), prohibiting the reporting of a tax or tariff 
measure in a bill not reported by the committee of 
jurisdiction; and clause 6, prohibiting reappropriations--of 
rule XXI against provisions of the bill.
    The rule provides for the reading of the bill by title, 
rather than by paragraph or numbered section, for amendment, 
and each title is considered as read.
    The rule first makes in order two amendments by Rep. Gilman 
(NY) printed in Part 1 of this report. The amendments are 
considered as read, debatable for 10-minutes each, equally 
divided between the proponent and an opponent. The amendments 
are not subject to amendment or to a demand for a division of 
the question in the House or Committee of the Whole. All points 
of order are waived against the amendments. If adopted, the 
amendments are considered as original text for the purpose of 
further amendment under the five-minute rule.
    The rule authorizes the Chair to accord priority in 
recognition to Members who have preprinted their amendments in 
the Congressional Record.
    The rule waives clause 2 of rule XXI against the amendments 
printed in this report by Rep. Hall (OH), Rep. Smith (NJ), Rep. 
Menendez (NJ), and Rep. Goss (FL). The amendments are not 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. Finally, the rule provides 
one motion to recommit with or without instructions.

                                 PART 1

1. An Amendment To Be Offered by Representative Gilman of New York or a 
                               Designee:

    Page 8, beginning on line 9, strike ``shall be made 
available notwithstanding any other provision of law, and''.
    Page 9, beginning on line 15, strike ``Provided further,'' 
and all that follows through ``Committees on Appropriations:''.
    Page 16, line 23, strike ``and for other purposes,''.
    Page 19, line 8, strike ``1.5'' and insert ``1''.
                              ----------                              


2. An Amendment To Be Offered by Representative Gilman of New York or a 
                               Designee:

    Page 8, line 16, strike ``$669,000,000'' and insert 
``$645,000,000''.
                              ----------                              

                                 PART 2

   1. An Amendment To Be Offered by Representative Hall of Ohio or a 
                               Designee:

    Page 7, strike line 18 and insert the following: ``children 
and disease programs fund''.
    Page 7, line 23, strike ``$484,000,000'' and insert 
``$592,660,000''.
    Page 8, line 6, strike ``and (7)'' and insert ``(7) basic 
education programs, and (8)''.
    Page 8, line 16, strike ``$669,000,000'' and insert 
``$655,000,000''.
    Page 14, line 22, strike ``$2,336,700,000'' and insert 
``$2,310,000,000''.
    Page 30, line 17, strike ``$167,960,000'' and insert 
``$100,000,000''.
                              ----------                              


   2. An Amendment To Be Offered by Representative Hall of Ohio or a 
                               Designee:

    Page 7, strike line 18 and insert the following: ``children 
and disease programs fund''.
    Page 7, line 23, strike ``$484,000,000'' and insert 
``$592,660,000''.
    Page 8, line 6, strike ``and (7)'' and insert ``(7) basic 
education programs, and (8)''.
    Page 8, line 16, strike ``$645,000,000'' and insert 
``$631,000,000''.
    Page 14, line 22, strike ``$2,336,700,000'' and insert 
``$2,310,000,000''.
    Page 30, line 17, strike ``$167,960,000'' and insert 
``$100,000,000''.
                              ----------                              


3. An Amendment To Be Offered by Representative Smith of New Jersey or 
                              a Designee:

    Page 78, after line 6, insert the following new section:

                  Prohibition of Funding for Abortion

    Sec. 564. (a) In General.--
         (1) Notwithstanding any other provision of this Act or 
        other law, none of the funds appropriated by this Act 
        for population assistance activities may be made 
        available for any private, nongovernmental, or 
        multilateral organization until the organization 
        certifies that it does not and will not during the 
        period for which the funds are made available, directly 
        or through a subcontractor or sub-grantee, perform 
        abortions in any foreign country, except where the life 
        of the mother would be endangered if the fetus were 
        carried to term or in cases of forcible rape or incest.
         (2) Paragraph (1) may not be construed to apply to the 
        treatment of injuries or illnesses caused by legal or 
        illegal abortions or to assistance provided directly to 
        the government of a country.
    (b) Lobbying Activities.--
          (1) Notwithstanding any other provision of this Act 
        or other law, none of the funds appropriated by this 
        Act for population assistance activities may be made 
        available for any private, nongovernmental, or 
        multilateral organization until the organization 
        certifies that it does not and will not during the 
        period for which the funds are made available, violate 
        the laws of any foreign country concerning the 
        circumstances under which abortion is permitted, 
        regulated, or prohibited, or engage in any activity or 
        effort to alter the laws or governmental policies of 
        any foreign country concerning the circumstances under 
        which abortion is permitted, regulated, or prohibited.
          (2) Paragraph (1) shall not apply to activities in 
        opposition to coercive abortion or involuntary 
        sterilization.
    (c) Coercive Population Control Methods.--Notwithstanding 
any other provision of this Act or other law, none of the funds 
appropriated by this Act may be made available for the United 
Nations Population Fund (UNFPA), unless the President certifies 
to the appropriate congressional committees that (1) the United 
Nations Population Fund has terminated all activities in the 
People's Republic of China; or (2) during the 12 months 
preceding such certification, there have been no abortions as 
the result of coercion associated with the family planning 
policies of the national government or other governmental 
entities within the People's Republic of China. As used in this 
section the term ``coercion'' includes physical duress or 
abuse, destruction or confiscation of property, loss of means 
of livelihood, or severe psychological pressure.
                              ----------                              


4. An Amendment To Be Offered by Representative Menendez of New Jersey 
                             or a Designee:

    Page 78, after line 6, add the following:

Withholding of assistance to countries supporting nuclear plant in cuba

    Sec. 564. The President shall withhold from assistance made 
available with funds appropriated or made available pursuant to 
this Act an amount equal to the sum of assistance and credits, 
if any, provided on or after the date of the enactment of this 
Act by that country, or any entity in that country, in support 
of the completion of the Cuban nuclear facility at Juragua, 
near Cienfuegos, Cuba.
                              ----------                              


 5. An Amendment To Be Offered by Representative Goss of Florida or a 
                               Designee:

    Page 78, after line 6, insert the following new section:

                     Limitation on funds for Haiti

    Sec. 564. None of the funds appropriated in this Act may be 
made available to the Government of Haiti when it is made known 
to the President that such Government is controlled by a regime 
holding power through means other than the democratic elections 
scheduled for calendar year 1995 and held pursuant to the 
requirements of the 1987 Constitution of Haiti.