[House Report 105-725]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-725
_______________________________________________________________________


 
 PROVIDING FOR THE CONSIDERATION OF H.R. 4569, THE FOREIGN OPERATIONS, 
    EXPORT FINANCING AND RELATED PROGRAMS APPROPRIATIONS BILL, 1999

                                _______
                                

 September 16, 1998.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


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

                              R E P O R T

                       [To accompany H. Res. 542]

    The Committee on Rules, having had under consideration 
House Resolution 542, 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. 4569, 
the ``Foreign Operations, Export Financing and Related Programs 
Appropriations Bill, 1999'' 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 clause 1(b) of rule X (requiring a detailed 
explanation in the Appropriations Committee report on any 
rescissions or transfers of unexpected balances), clause 
2(l)(6) of rule XI (relating to the 3 day availability of the 
report), and clause 7 of rule XXI (relating to the 3 day 
availability of printed hearings) against consideration of the 
bill.
    The rule provides for a 5 hour limit on the amendment 
process and that the bill shall be considered as read through 
page 141, line 18.
    The rule further waives clause 2 of rule XXI (prohibiting 
unauthorized or legislative provisions in an appropriations 
bill) and clause 6 of rule XXI (prohibiting reappropriations in 
an appropriations bill) against provisions in the bill.
    The rule makes in order only: pro forma amendments for the 
purpose of debate; amendments preprinted in the Congressional 
Record; and amendments printed in this report.
    The amendments printed in this report may be offered only 
by a Member designated in this report, may be offered only at 
the appropriate point in the reading of the bill, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment except as 
specified in this report and shall not be subject to a division 
of the question.
    All points of order against the amendments printed in this 
report.
    The rule allows the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and to 
reduce voting time to five minutes on a postponed question if 
the vote follows a fifteen minute vote. Finally, the rule 
provides for one motion to recommit with or without 
instructions.

 summary of amendments made in order by the rules committee on foreign 
operations, export financing, and related programs appropriations bill, 
                                  1999

    Tiahrt--10 minutes: Codifies a definition for ``voluntary 
family planning projects'' which is a restriction currently 
required under law for the use of population funds.
    Pelosi--30 minutes: Provides that non-governmental and 
multilateral organizations shall not be subjected to more 
restrictive requirements than those that apply to foreign 
governments for such assistance in determining eligibility for 
population planning assistance programs.
    Smith (NJ)--30 minutes: Second Degree Amendment. Compromise 
on Pro-Life ``Mexico City Policy.'' Amends an anticipated 
amendment by Rep. Pelosi or another member to alter the pro-
life restrictions on population funding. Provides that United 
States population assistance funds may not be made available to 
foreign organizations that perform or actively promote 
abortions. Provides the President with a limited waiver, and 
prohibits contributions to the United Nations Population Fund 
(UNFPA) until the organization ceases its operations in the 
People's Republic of China (PRC) or until forced abortions in 
the PRC population program have ceased.
    Gilman--10 minutes: Deletes contingency funding authority 
in section 451 of the Foreign Assistance Act and reduces by $15 
million the authority of section 614 of the Foreign Assistance 
Act.
    Wolf--20 minutes: Establishes a 15 member panel of experts 
(National Commission on Terrorism) to examine our national 
counter-terrorism policies and recommend ways we can be more 
effective in protecting Americans.

1. An Amendment To Be Offered by Representative Tiahrt of Kansas, or a 
                   Designee, Debatable for 10 Minutes

    Page 8, line 10, after ``services'' insert the following:

; and that any such voluntary family planning project shall 
meet the following requirements: (1) the project shall not make 
use of quotas, goals, or other numerical targets, on an 
individual, local, regional, or national basis, of total number 
of births, the number of family planning acceptors, acceptors 
of a particular method of family planning, or any other 
performance standard (this provision shall not be construed to 
include the use of quantitative estimates for budgeting and 
planning purposes); (2) the project shall not include payment 
of incentives, bribes, gratuities, or any other form of 
compensation or reward, monetary or nonmonetary, to (A) an 
individual in exchange for becoming a family planning acceptor, 
or (B) program personnel for achieving any numerical goal or 
quota; (3) the project shall not deny any right or benefit, 
including the right of access to participate in any program of 
general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family 
planning services; (4) the project shall inform family planning 
acceptors, in comprehensible terms, of the nature of the family 
planning method chosen, its contraindications and potential 
health risks, and available alternatives; (5) the project shall 
provide a reasonable range of options of methods of family 
planning, including natural methods; and (6) the project shall 
ensure that experimental methods of family planning are 
administered only in a scientifically controlled study in which 
participants are advised of potential risks and benefits; and, 
not later than 30 days after the date on which the 
Administrator of the United States Agency for International 
Development determines that there has been a violation of any 
provision contained in the preceding 6 paragraphs, or a 
violation of any other provision contained in this heading, the 
Administrator shall submit to the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives and to the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate a report 
containing a description of such violation.
                              ----------                              


 2. An Amendment To Be Offered by Representative Pelosi of California, 
                or a Designee, Debatable for 30 Minutes

    On page 109, after line 23, insert:

                      funding for family planning

    Sec. 580. Notwithstanding any other provision of this Act, 
or any other provision of law, in determining eligibility for 
assistance from funds appropriated to carry out section 104 of 
the Foreign Assistance Act of 1961, non-governmental and 
multilateral organizations shall not be subjected to 
requirements more restrictive than the requirements applicable 
to foreign governments for such assistance.
                              ----------                              


3. An Amendment To Be Offered by Representative Smith of New Jersey, or 
  a Designee, to the Amendment Numbered 2 by Representative Pelosi of 
         California, or Her Designee, Debatable for 30 Minutes

    Strike ``shall not be subjected to requirements'' and all 
that follows through the end of the amendment, and insert 
``shall be subject to the provisions of section 518A of this 
Act (relating to foreign organizations that perform or promote 
abortion overseas and to forced abortion in the People's 
Republic of China).''
                              ----------                              


4. An Amendment To Be Offered by Representative Gilman of New York, or 
                  a Designee, Debatable for 10 Minutes

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

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

            amendments to the foreign assistance act of 1961

    Sec. 701. (a) Repeal of Contingencies Provisions.--
          (1) In general.--Chapter 5 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2261) is hereby 
        repealed.
          (2) Conforming amendments.--(A) Section 634A(a) of 
        such Act (22 U.S.C. 2394-1(a)) is amended in the first 
        sentence by striking ``, chapter 5 of part I.''.
          (B) Section 653(a) of such Act (22 U.S.C. 2413(a)) is 
        amended by striking ``451 or''.
    (b) Special Authorities Provision.--Section 614(a)(4)(C) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)(4)(C)) is 
amended by striking ``$50,000,000'' and inserting 
``$35,000,000''.
                              ----------                              


5. An Amendment To Be Offered by Representative Wolf of Virginia, or a 
                   Designee, Debatable for 20 Minutes

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

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

                    national commission on terrorism

  Sec. 701. (a) Establishment of National Commission on 
Terrorism.--
          (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism 
        policies regarding the prevention and punishment of 
        international acts of terrorism directed at the United 
        States. The commission shall be known as ``The National 
        Commission on Terrorism''.
          (2) Composition.--The commission shall be composed of 
        15 members appointed as follows:
                  (A) Five members shall be appointed by the 
                President from among officers or employees of 
                the executive branch, private citizens of the 
                United States, or both. Not more than 3 members 
                selected by the President shall be members of 
                the same political party.
                  (B) Five members shall be appointed by the 
                Majority Leader of the Senate, in consultation 
                with the Minority Leader of the Senate, from 
                among members of the Senate, private citizens 
                of the United States, or both. Not more than 3 
                of the members selected by the Majority Leader 
                shall be members of the same political party 
                and 3 members shall be members of the Senate.
                  (C) Five members shall be appointed by the 
                Speaker of the House of Representatives, in 
                consultation with the Minority Leader of the 
                House of Representatives, from among members of 
                the House of Representatives, private citizens 
                of the United States, or both. Not more than 3 
                of the members selected by the Speaker shall be 
                members of the same political party and 3 
                members shall be members of the House of 
                Representatives.
                  (D) The appointments of the members of the 
                commission should be made no later than 3 
                months after the date of the enactment of this 
                Act.
          (3) Qualifications.--The members should have a 
        knowledge and expertise in matters to be studied by the 
        commission.
          (4) Chairman.--The chairman of the commission shall 
        be elected by the members of the commission.
  (b) Duties.--
          (1) In general.--The commission shall consider issues 
        relating to international terrorism directed at the 
        United States as follows:
                  (A) Review the laws, regulations, policies, 
                directives, and practices relating to 
                counterterrorism in the prevention and 
                punishment of international terrorism directed 
                towards the United States.
                  (B) Assess the extent to which laws, 
                regulations, policies, directives, and 
                practices relating to counterterrorism have 
                been effective in preventing or punishing 
                international terrorism directed towards the 
                United States. At a minimum, the assessment 
                should include a review of the following:
                          (i) Evidence that terrorist 
                        organizations have established an 
                        infrastructure in the western 
                        hemisphere for the support and conduct 
                        of terrorist activities.
                          (ii) Executive branch efforts to 
                        coordinate counterterrorism activities 
                        among Federal, State, and local 
                        agencies and with other nations to 
                        determine the effectiveness of such 
                        coordination efforts.
                          (iii) Executive branch efforts to 
                        prevent the use of nuclear, biological, 
                        and chemical weapons by terrorists.
                  (C) Recommend changes to counterterrorism 
                policy in preventing and punishing 
                international terrorism directed toward the 
                United States.
          (2) Report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission 
        shall submit to the President and the Congress a final 
        report of the findings and conclusions of the 
        commission, together with any recommendations.
  (c) Administrative Matters.--
          (1) Meetings.--
                  (A) The commission shall hold its first 
                meeting on a date designated by the Speaker of 
                the House which is not later than 30 days 
afterthe date on which all members have been appointed.
                  (B) After the first meeting, the commission 
                shall meet upon the call of the chairman.
                  (C) A majority of the members of the 
                commission shall constitute a quorum, but a 
                lesser number may hold meetings.
          (2) Authority of individuals to act for commission.--
        Any member or agent of the commission may, if 
        authorized by the commission, take any action which the 
        commission is authorized to take under this section.
          (3) Powers.--
                  (A) The commission may hold such hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the 
                commission considers advisable to carry out its 
                duties.
                  (B) The commission may secure directly from 
                any agency of the Federal Government such 
                information as the commission considers 
                necessary to carry out its duties. Upon the 
                request of the chairman of the commission, the 
                head of a department or agency shall furnish 
                the requested information expeditiously to the 
                commission.
                  (C) The commission may use the United States 
                mails in the same manner and under the same 
                conditions as other departments and agencies of 
                the Federal Government.
          (4) Pay and expenses of commission members.--
                  (A) Subject to appropriations, each member of 
                the commission who is not an employee of the 
                government shall be paid at a rate not to 
                exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including 
                travel time) during which such member is 
                engaged in performing the duties of the 
                commission.
                  (B) Members and personnel for the commission 
                may travel on aircraft, vehicles, or other 
                conveyances of the Armed Forces of the United 
                States when travel is necessary in the 
                performance of a duty of the commission except 
                when the cost of commercial transportation is 
                less expensive.
                  (C) The members of the commission may be 
                allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from their homes or regular places 
                of business in the performance of services for 
                the commission.
                  (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 of 
                8468 of title 5, United States Code, by reason 
                of membership on the commission shall not be 
                subject to the provisions of such section with 
                respect to membership on the commission.
                  (ii) A member of the commission who is a 
                member or former member of a uniformed service 
                shall not be subject to the provisions of 
                subsections (b) and (c) of section 5532 of such 
                title with respect to membership on the 
                commission.
          (5) Staff and administrative support.--
                  (A) The chairman of the commission may, 
                without regard to civil service laws and 
                regulations, appoint and terminate an executive 
                director and up to 3 additional staff members 
                as necessary to enable the commission to 
                perform its duties. The chairman of the 
                commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51, and 
                subchapter III of chapter 53, of title 5, 
                United States Code, relating to classification 
                of positions and General Schedule pay rates, 
                except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                  (B) Upon the request of the chairman of the 
                commission, the head of any department or 
                agency of the Federal Government may detail, 
                without reimbursement, any personnel of the 
                department or agency to the commission to 
                assist in carrying out its duties. The detail 
                of an employee shall be without interruption or 
                loss of civil service status or privilege.
  (d) Termination of Commission.--The commission shall 
terminate 30 days after the date on which the commission 
submits a final report.
  (e) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
section.

                                
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