[House Report 105-184]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-184
_______________________________________________________________________


 
   PROVIDING FOR THE CONSIDERATION OF H.R. 2159, FOREIGN OPERATIONS, 
    EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS BILL, 1998

                                _______
                                

   July 15, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


 Mr. Diaz-Balart, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 185]

    The Committee on Rules, having had under consideration 
House Resolution 185, by a non-record 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. 2159, 
the ``Foreign Operations, Export Financing, and Related 
Programs Appropriations Bill, 1998'' under a modified 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 points of order against consideration of 
the bill for failure to comply with clause 7 of rule XXI 
(relating to the 3-day availability of published hearings) and 
clause 2(l)(6) of rule XI (relating to the 3-day availability 
of the report). The rule waives points of order against 
provisions in the bill for failing to comply with clause 2 of 
rule XXI (prohibiting unauthorized appropriations and 
legislating on an appropriations bill), and clause 6 of rule 
XXI (prohibiting certain transfers of funds), except as 
specified in the resolution.
    The rule provides for consideration of the amendments 
printed in the report, to be offered only by a Member 
designated in the report and only at the appropriate point in 
the reading of the bill, shall be considered as read, shall be 
debatable for the time specified in the report equally divided 
and controlled by the proponent and an opponent, shall not be 
subject to amendment except as specified in the report, and 
shall not be subject to a demand for division of the question 
in the House or in the Committee of the Whole. The rule waives 
points of order against the amendments printed in the report.
    The rule provides that no other amendment shall be in order 
unless that amendment has been pre-printed in the Congressional 
Record. The rule grants the chairman of the Committee of the 
Whole the authority to postpone votes and reduce the voting 
time to 5 minutes provided that the first vote in a series is 
not less than 15 minutes.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

Rules Committee rollcall No. 56

    Date: July 15, 1997.
    Measure: Rule for consideration of H.R. 2159, Foreign 
Operations Appropriations, FY 1998.
    Motion By: Mrs. Slaughter.
    Summary of Motion: To make in order the Greenwood amendment 
to be offered by Mrs. Pelosi, which would make the Smith (NJ) 
amendment contingent upon enactment of the State Department 
Authorization bill.
    Results: Rejected 2-6.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Myrick--Nay; Moakley--Yea; Slaughter--Yea; 
Solomon--Nay.

   AMENDMENTS MADE IN ORDER BY THE RULES COMMITTEE ON H.R. 2159, THE 
            FOREIGN OPERATIONS APPROPRIATIONS BILL, FY 1998

    Smith (NJ)--10 minutes: Prohibits U.S. population 
assistance funding of foreign organizations that perform or 
actively promote abortions in foreign countries, and prohibits 
a U.S. contribution to the United Nations Population Fund 
(UNFPA) unless UNFPA terminates its activities in the People's 
Republic of China or unless China's population program 
discontinues the use of forced abortions.
    Gilman/Campbell/Greenwood--10 minutes: Replaces the 
anticipated Smith (NJ) amendment ``Mexico City'' policy 
language with a prohibition on the use of U.S. funds to pay for 
abortions or abortion counseling in any foreign country, except 
in cases of rape, incest or where the life of the mother is 
endangered, and also prohibits lobbying for or against 
abortion.
    Stearns/Traficant--10 minutes: Sense of Congress stating 
Congress' view that all member countries of NATO should be 
responsible for paying their fair costs to the Partnership for 
Peace program and to future NATO expansion.
    Saxton--10 minutes: Withholds aid to the Palestinian 
Authority for 90 days until the President reports to Congress 
on the Palestinian Authority's progress towards implementing 
various aspects of the Oslo Accords.
    McGovern--10 minutes: Sense of Congress that directs the 
Administration to press for fair treatment of American families 
whose efforts to adopt children from Paraguay were caught in 
the pipeline when that government imposed a moratorium in 1995.

                  amendments made in order by the rule

1. The Amendment To Be Offered by Representative Smith of New Jersey or 
           a Designee, Debatable for Not To Exceed 10 Minutes

    At the end of the bill, insert after the last section 
(preceding the short title) the following new section:

foreign organizations that perform or promote abortion overseas; forced 
               abortion in the people's republic of china

    Sec. 572. (a) Section 104 of the Foreign Assistance Act of 
1961 is amended by adding at the end the following new 
subsection:
    ``(h) Restriction on Assistance to Foreign Organizations 
That Perform or Actively Promote Abortions.--
          ``(1) Performance of abortions.--
                  ``(A) Notwithstanding section 614 of this Act 
                or any other provision of law, no funds 
                appropriated for population planning activities 
                or other population assistance 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 pregnancy 
                were carried to term or in cases of forcible 
                rape or incest.
                  ``(B) Subparagraph (A) 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.
          ``(2) Lobbying activities.--(A) Notwithstanding 
        section 614 of this Act or any other provision of law, 
        no funds appropriated for population planning 
        activities or other population assistance 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, 
        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.
          ``(B) Subparagraph (A) shall not apply to activities 
        in opposition to coercive abortion or involuntary 
        sterilization.
          ``(3) Application to foreign organizations.--The 
        prohibitions of this subsection apply to funds made 
        available to a foreign organization either directly or 
        as a subcontractor or subgrantee, and the 
        certifications required by paragraphs (1) and (2) apply 
        to activities in which the organization engages either 
        directly or through a subcontractor or subgrantee.''.
    (b) Section 301 of the Foreign Assistance Act of 1961 is 
amended by adding at the end the following new subsection:
    ``(i) Limitation Relating to Forced Abortions in the 
People's Republic of China.--Notwithstanding section 614 of 
this Act or any other provision of law, no funds may be made 
available for the United Nations Population Fund (UNFPA) in any 
fiscal year unless the President certifies that--
          ``(1) UNFPA has terminated all activities in the 
        People's Republic of China, and the United States has 
        received assurances that UNFPA will conduct no such 
        activities during the fiscal year for which the funds 
        are to be made available; 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 government 
        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.''.
                              ----------                              


 2. The Amendment to the Amendment Offered by Representative Smith of 
   New Jersey To Be Offered by Representative Gilman of New York, or 
 Representative Campbell of California or a Designee, Debatable for 10 
                                minutes

    Strike all after the title heading and insert the 
following:

SEC.  POPULATION PLANNING ACTIVITIES OR OTHER POPULATION ASSISTANCE.

    (a) In General.--(1) Notwithstanding any other provision of 
this Act or any other provision of law, none of the funds 
appropriated or otherwise made available for this Act for 
population planning activities or other population assistance 
may be made available to pay for the performance of 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 rape or incest.
    (2) The limitation contained in paragraph (1) shall not 
apply to the treatment of injuries or illness caused by unsafe 
abortions.
    (b) Limitation on Lobbying Activities.--(1) Notwithstanding 
any other provision of this Act or any other provision of law, 
none of the funds appropriated or otherwise made available by 
this Act for population planning activities or other population 
assistance may be made available to lobbying for or against 
abortion.
    (2) The limitation contained in paragraph (1) shall not 
apply to activities in opposition to coercive abortion or 
involuntary sterilization.

SEC.  UNITED NATIONS POPULATION FUND.

    (a) Limitation.--Subject to subsections (b), (c), and 
(d)(2), of the amounts made available for each of the fiscal 
years 1998 and 1999 to carry out part I of the Foreign 
Assistance Act of 1961, not more than $25,000,000 shall be 
available for each such fiscal year for the United Nations 
Population Fund.
    (b) Prohibition on Use of Funds in China.--None of the 
funds made available under this section shall be made available 
for a country program in the People's Republic of China.
    (c) Conditions on Availability of Funds.--Not more than 
one-half of the amount made available to the United Nations 
Population Fund under this section may be provided to the Fund 
before March 1 of the fiscal year for which funds are made 
available.
    (2) Amounts made available for each of the fiscal years 
1998 and 1999 under part I of the Foreign Assistance Act of 
1961 for the United Nations Population Fund may not be made 
available to the Fund unless--
          (A) the Fund maintains amounts made available to the 
        Fund under this section in an account separate from 
        accounts of the Fund for other funds; and
          (B) the Fund does not commingle amounts made 
        available to the Fund under this section with other 
        funds.
    (d) Reports.--(1) Not later than February 15, 1998, and 
February 15, 1999, the Secretary of State shall submit a report 
to the appropriate congressional committees indicating the 
amount of funds that the United Nations Population Fund is 
budgeting for the year in which the report is submitted for a 
country program in the People's Republic of China.
    (2) If a report under paragraph (1) indicates that the 
United Nations Population Fund plans to spend China country 
program funds in the People's Republic of China in the year 
covered by the report, then the amount of such funds that the 
Fund plans to spend in the People's Republic of China shall be 
deducted from the funds made available to the Fund after March 
1 for obligation for the remainder of the fiscal year in which 
the report is submitted.
                              ----------                              


3. An Amendment To Be Offered by Representative Stearns of Florida, or 
   Representative Traficant of Ohio, or a Designee, Debatable for 10 
                                Minutes

    At the end of the bill, insert after the last section 
(proceeding the short title) the following new section:

  sense of the congress regarding costs of the partnership for peace 
                       program and nato expansion

    Sec. 572. It is the sense of the Congress that all member 
nations of the North Atlantic Treaty Organization (NATO) should 
contribute their proportionate share to pay for the costs of 
the Partnership for Peace program and for any future costs 
attributable to the expansion of NATO.
                              ----------                              


 4. An amendment to be Offered by Representative Saxton of New Jersey, 
                or a Designee, Debatable for 10 minutes

    At the end of the bill, insert after the last section 
(preceding the short title) the following new section:

  LIMITATION ON ASSISTANCE TO THE P.L.O. AND THE PALESTINIAN AUTHORITY

    Sec. 572. (a) Sense of the Congress.--It is the sense of 
the Congress that the Palestine Liberation Organization 
(hereafter the ``P.L.O.'') should do far more to demonstrate an 
irrevocable denunciation of terrorism and to ensure a peaceful 
settlement of the Middle East dispute, and in particular it 
should--
          (1) submit to the Palestinian Council for formal 
        approval the necessary changes to those specific 
        articles of the Palestinian National Charter which deny 
        Israel's right to exist or support the use of violence;
          (2) to the maximum extent possible, preempt acts of 
        terror, discipline violators, publicly condemn all 
        terrorist acts, actively work to dismantle other 
        terrorist organizations, and contribute to stemming the 
        violence that has resulted in the deaths of over 230 
        Israeli and United States citizens since the signing of 
        the Declaration of Principles on Interim Self-
        Government Arrangements (hereafter the ``Declaration of 
        Principles'') on September 13, 1993, at the White 
        House;
          (3) prohibit participation in the P.L.O. or the 
        Palestinian Authority or its successors of any groups 
        or individuals which promote or commit acts of 
        terrorism;
          (4) cease all anti-Israel rhetoric, which potentially 
        undermines the peace process;
          (5) confiscate all unlicensed weapons and restrict 
        the issuance of licenses to those with legitimate need;
          (6) transfer and cooperate in transfer proceedings 
        relating to any person accused by Israel or the United 
        States of having committed acts of terrorism against 
        Israeli or United States nationals; and
          (7) respect civil liberties, human rights and 
        democratic norms as applied equally to all persons 
        regardless of ethnic, religious, or national origin.
    (b) Limitation on Assistance.--
          (1) In general.--Notwithstanding any other provision 
        of law, funds appropriate or otherwise made available 
        by this Act may be obligated for assistance to the 
        P.L.O. or the Palestinian Authority only for the period 
        beginning 3 months after the date of the enactment of 
        this Act and for 6 months thereafter, and only if--
                  (A) the President has exercised the authority 
                under section 604(a) of the Middle East Peace 
                Facilitation Act of 1995 (title VI of Public 
                Law 104-107) or any other legislation to 
                suspend or make inapplicable section 307 of the 
                Foreign Assistance Act of 1961 and that 
                suspension is still in effect; and
                  (B) in addition to the requirements contained 
                in such Act or other legislation, the President 
                prepares and transmits to the Congress a report 
                described in paragraph (2).
          (2) Report.--A report described in this paragraph is 
        a report containing the following:
                  (A) A description of all efforts being made 
                to apprehend, prosecute, or have extradited to 
                the United States Mohammad Deif (allegedly 
                responsible for the death of Nachshon Wachsman, 
                a United States citizen), Amjad Hinawi 
                (allegedly responsible for the death of David 
                Boim, a United States citizen), Abu Abbas 
                (responsible for the death of Leon Klinghoffer, 
                a United States citizen), Amid al-IIindi 
                (allegedly responsible for death of David 
                Berger, a United States citizen), and Nafez 
                Mahmoud Sabih (who helped plan the February 
                1996 attack on a Jerusalem bus in which Jewish 
                Theological Seminary students Sara Duker and 
                Matthew Eisenfeld, both United States citizens, 
                were murdered).
                  (B) An official, updated, and revised copy of 
                the Palestinian National Charter (Covenant) 
                showing which specific articles have been 
                rescinded by the decision taken on April 24, 
                1996 by the P.L.O. Executive Committee.
                  (C) A description of all actions being taken 
                by the Palestinian Authority to eradicate and 
                prevent the use of the map of Israel to 
                represent ``Palestine.''
                  (D) A certification that the Palestinian 
                Authority has established a court system that 
                respects due process requirements, including 
                the right to a lawyer, the right to confront 
                witnesses, the right to be informed of the 
                charges under which one is accused, and the 
                right to a jury trial.
                  (E) A certification that the Palestinian 
                Authority has established humane prison 
                conditions.
                  (F) A certification that the Palestinian 
                Authority has taken all measures to rescind the 
                death penalty imposed for the sale of land to 
                Jews, has eliminated the practice of 
                incarcerating real estate agents for the sale 
                of land to Jews or Israelis, and has actively 
                sought the perpetrators of such actions.
                              ----------                              


      5. An Amendment To Be Offered by Representative McGovern of 
         Massachusetts, or a Designee, Debatable for 10 Minutes

    At the end of the bill, insert after the last section 
(preceding the short title) the following new section:

   sense of the congress relating to international adoption laws and 
                         practices of Paraguay

    Sec. 572. It is the sense of the Congress that the 
President and the Secretary of State should use all 
opportunities and means to express directly to all appropriate 
officials of the Government of Paraguay that--
          (1) the United States respects and supports the 
        commitment of the Government of Paraguay to reform its 
        laws and practices regarding international adoptions;
          (2) the pending international adoption cases filed by 
        United States families at or prior to the establishment 
        by the Government of Paraguay of a moratorium on 
        international adoptions, including the 11 adoption 
        cases commonly referred to as the ``window of 
        opportunity'' adoption cases, should be allowed to 
        continue and complete the adoption process in a fair, 
        unbiased, and timely fashion;
          (3) such United States adoption cases should be 
        determined on the basis of the two key tenets for 
        international adoption in Paraguay, namely the fitness 
        of the petitioning family to be parents and what is in 
        the best interests and welfare of the child; and
          (4) any international adoption reform legislation 
        approved by the Government of Paraguay should allow 
        such United States adoption cases to complete the 
        adoption process.