[House Report 104-298]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-298
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WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY THE 
 
 BILL (H.R. 1868) MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT 

          FINANCING, AND RELATED PROGRAMS FOR FISCAL YEAR 1996



                                _______


  October 30, 1995.--Referred to the House Calendar and ordered to be 
                                printed

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

                              R E P O R T

                       [To accompany H. Res. 249]

    The Committee on Rules, having had under consideration 
House Resolution 249, 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 waives all points of order against the 
conference report to accompany H.R. 1868, the Foreign 
Operation, Exports Financing, and Related Programs 
appropriations for fiscal year 1996, and against its 
consideration.
    The blanket waiver includes a waiver of clause 2 of rule 
XX, relating to legislation and unauthorized items on a general 
appropriations bill, specifically amendments No. 171, No. 182, 
No. 183, and No. 192. The blanket waiver also includes a waiver 
of clause 3 of rule XXVIII, to protect provisions which exceed 
the scope of differences between the House and the Senate, 
specifically amendments No. 34 and No. 47. The blanket waiver 
further includes a waiver of clause 4 of rule XXVIII, relating 
to germaneness of matter contained in a conference report, 
specifically amendment No. 192.
    The resolution also provides for consideration of a motion 
to dispose of Senate amendment numbered 115, to be offered only 
by Mr. Callahan or his designee. The rule provides that the 
motion shall be considered as read and shall be debatable for 
one hour equally divided between a proponent and an opponent. 
The rule waives all points of order against the motion and 
provides that the previous question shall be considered as 
ordered on that motion to final adoption without intervening 
motion or demand for division of the question.
    The text of the motion made in order by the rule is as 
follows:

                         amendment numbered 115

    Mr. Callahan moves that the House recede from its 
disagreement to the amendment of the Senate numbered 115, and 
concur therein with an amendment, as follows:
    In lieu of the matter proposed by said amendment insert: : 
Provided, That none of the funds made available under this Act 
may be used to lobby for or against abortion.

                  prohibition on funding for abortion

    Sec. 518A. (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 foreign private, nongovernmental, or 
        multilateral organization until the organization 
        certifies that it will not during the period for which 
        the funds are made available, 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 foreign private, nongovernmental, or 
        multilateral organization until the organization 
        certifies that it 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.
          (2) Notwithstanding any other provision of this Act, 
        paragraph (1) shall not apply to activities in 
        opposition to coercive abortion or involuntary 
        sterilization.
    (c) Subsections (a) and (b) apply to funds made available 
for a foreign organization either directly or as a 
subcontractor or sub-grantee, and the required certifications 
apply to activities in which the organization engages either 
directly or through a subcontractor or sub-grantee.
    (d) 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 will terminate all family planning 
activities in the People's Republic of China no later than 
March 1, 1996; 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.

                                
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