S.Amdt.5045 to H.R.3540104th Congress (1995-1996)
AmendmentHide Overview icon-hide
|Amends Bill:||H.R.3540 — Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997|
|Sponsor:||Sen. Dorgan, Byron L. [D-ND] (Submitted 07/25/1996, Proposed 07/25/1996)|
|Amendments to |
|Latest Action:||Motion to table SP 5045 agreed to in Senate by Yea-Nay Vote. 65-35. Record Vote No: 241. (07/25/1996)|
Amendment Text: S.Amdt.5045 — 104th Congress (1995-1996)
There is one version of the amendment.
Amendment as Submitted (07/25/1996)
This Amendment appears on page S8874 in the following article from the Congressional Record.
[Pages S8872-S8875] THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1997 ______ MOYNIHAN AMENDMENT NO. 5039 Mr. McCONNELL (for Mr. Moynihan) proposed an amendment to the bill, H.R. 3540, supra; as follows: On page 188, between lines 22 and 23, insert the following new section: REPORTS ON THE SITUATION IN BURMA Sec. ____. (a) Labor Practices.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of State, shall submit a report to the appropriate congressional committees on-- (1) Burma's compliance with international labor standards including, but not limited to, the use of forced labor, slave labor, and involuntary prison labor by the junta; (2) the degree to which foreign investment in Burma contributes to violations of fundamental worker rights; (3) labor practices in support of Burma's foreign tourist industry; and (4) efforts by the United States to end violations of fundamental labor rights in Burma. [[Page S8873]] (b) Definition.--As used in this section, the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (c) Funding.--(1) There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1997, for expenses necessary to carry out the provisions of this section, $30,000 to the Department of Labor. (2) The amount appropriated by this Act under the heading ``Department of State, international narcotics control'' shall be reduced by $30,000. ______ GRAHAM AMENDMENT NO. 5040 Mr. McCONNELL (for Mr. Graham) proposed an amendment to the bill, H.R. 3540, supra; as follows: At the appropriate place in the bill, insert the following: SEC. . HAITI. The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and Coast Guard, except as otherwise stated in law: Provided, That the authority provided by this section shall be subject to the regular notification procedures of the Committees on Appropriations. ______ BROWN (AND SIMON) AMENDMENT NO. 5041 Mr. McCONNELL (for Mr. Brown, for himself and Mr. Simon) proposed an amendment to the bill, H.R. 3540, supra; as follows: At the appropriate place, insert the following new section: SEC. . TRADE RELATIONS WITH EASTERN AND CENTRAL EUROPE. (a) Findings.--The Congress makes the following findings: (1) The countries of Central and Eastern Europe, including Poland, Hungary, the Czech Republic, Slovakia, Romania, Slovenia, Lithuania, Latvia, Estonia, and Bulgaria, are important to the long-term stability and economic success of a future Europe freed from the shackles of communism. (2) The Central and Eastern European countries, particularly Hungary, Poland, the Czech Republic, Romania, Slovakia, Slovenia, Latvia, Lithuania, and Estonia, are in the midst of dramatic reforms to transform their centrally planned economies into free market economies and to join the Western community. (3) It is in the long-term interest of the United States to encourage and assist the transformation of Central and Eastern Europe into a free market economy, which is the solid foundation of democracy, and will contribute to regional stability and greatly increased opportunities for commerce with the United States. (4) Trade with the countries of Central and Eastern Europe accounts for less than one percent of total United States trade. (5) The presence of a market with more than 140,000,000 people, with a growing appetite for consumer goods and services and badly in need of modern technology and management, should be an important market for United States exports and investments. (6) The United States has concluded agreements granting most-favored-nation status to most of the countries of Central and Eastern Europe. (B) Sense of the Congress.--It is the sense of the Congress that the President should take steps to promote more open, fair, and free trade between the United States and the countries of Central Europe, including Poland, Hungary, the Czech Republic, Slovakia, Lithuania, Latvia, Estonia, Romania, and Slovenia, including-- (1) developing closer commercial contacts; (2) the mutual elimination of tariff and nontariff discriminatory barriers in trade with these countries; (3) exploring the possibility of framework agreements that would lead to a free trade agreement; (4) negotiating bilateral investment treaties; (5) stimulating increased United States exports and investments to the region; (6) obtaining further liberalization of investment regulations and protection against nationalization in these foreign countries; and (7) establishing fair and expeditious dispute settlement procedures. ______ SPECTER (AND OTHERS) AMENDMENT NO. 5042 Mr. McCONNELL. (for Mr. Specter, for himself, Mr. Moynihan, and Mr. D'Amato) proposed an amendment to the bill, H.R. 3540, supra; as follows: At the appropriate place in the bill, insert the following: SEC. . LIMITATION ON FOREIGN SOVEREIGN IMMUNITY. (a) In General.--Section 1605(a)(7) of title 28, United States Code, is amended to read as follows: ``(7) in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act, if-- ``(A) such act or provision of material support was engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency; ``(B) the foreign state against whom the claim was brought-- ``(i) was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred or was later so designated as a result of such act; or ``(ii) had no treaty of extradition with the United States at the time the act occurred and no adequate and available remedies exist either in such state or in the place in which the act occurred; ``(C) the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; and ``(D) the claimant or victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when the act upon which the claim is based occurred.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to actions brought in United States courts on or after the date of enactment of this Act. ______ BROWN AMENDMENTS NOS. 5043-5044 Mr. McCONNELL (for Mr. Brown and Mr. Gorton) proposed two amendments to the bill, H.R. 3540, supra; as follows: Amendment No. 5043 At the appropriate place, add the following new section: SEC. . SENSE OF CONGRESS REGARDING CROATIA. (a) Findings.--The Congress makes the following findings: (1) Croatia has politically and financially contributed to the NATO peacekeeping operations in Bosnia; (2) The economic stability and security of Croatia is important to the stability of South Central Europe; and (3) Croatia is in the process of joining the Partnership for Peace. (b) Sense of Congress.--It is the Sense of Congress that: (1) Croatia should be recognized and commended for its contributions to NATO and the various peacekeeping efforts in Bosnia; (2) the United States should support the active participation of Croatia in activities appropriate for qualifying for NATO membership, provided Croatia continues to adhere fully to the Dayton Peace Accords and continues to make progress toward establishing democratic institutions, a free market, and the rule of law. ____ Amendment No. 5044 At the appropriate place, add the following new section: SEC. . ROMANIA'S PROGRESS TOWARD NATO MEMBERSHIP. (a) Findings.--The Congress makes the following findings: (1) Romania emerged from years of brutal Communist dictatorship in 1989 and approved a new Constitution and elected a Parliament by 1991, laying the foundation for a modern parliamentary democracy charged with guaranteeing fundamental human rights, freedom of expression, and respect for private property; (2) Local elections, parliamentary elections, and presidential elections have been held in Romania, with 1996 marking the second nationwide presidential elections under the new Constitution; (3) Romania was the first former Eastern bloc country to join NATO's Partnership for Peace program and has hosted Partnership for Peace military exercises on its soil; (4) Romania is the second largest country in terms of size and population in Central Europe and as such is strategically significant; (5) Romania formally applied for NATO membership in April of 1996 and has begun an individualized dialogue with NATO on its membership application; and (6) Romania has contributed to the peace and reconstruction efforts in Bosnia by participating in the Implementation Force (IFOR). (b) Sense of the Congress.--Therefore, it is the sense of the Congress that: (1) Romania is making significant progress toward establishing democratic institutions, a free market economy, civilian control of the armed forces and the rule of law; (2) Romania is making important progress toward meeting the criteria for accession into NATO; (3) Romania deserves commendation for its clear desire to stand with the West in NATO, as evidenced by its early entry into the Partnership for Peace, its formal application for NATO membership, and its participation in IFOR; (4) Romania should be evaluated for membership in the NATO Participation Act's transition assistance program at the earliest opportunity; and (5) The United States should work closely with Romania and other countries working toward NATO membership to ensure that every opportunity is provided. ______ [[Page S8874]] DORGAN (AND OTHERS) AMENDMENT NO. 5045 Mr. DORGAN (for himself, Mr. Hatfield, Mr. Bumpers, Mr. Jeffords, Mr. Leahy, Mr. Harkin, Mr. Pryor, Ms. Moseley-Braun, Mr. Feingold, Mr. Pell, Mr. Inouye, Mr. Wyden, Mr. Kennedy, Mr. Simon, Mr. Lautenberg, and Mrs. Feinstein) proposed an amendment to the bill, H.R. 3540, supra; as follows: At the appropriate place in the bill, insert the following new title: TITLE CONGRESSIONAL REVIEW OF ARMS TRANSFERS ELIGIBILITY ACT OF 1996 SEC. 01. SHORT TITLE. This title may be cited as the ``Congressional Review of Arms Transfers Eligibility Act of 1996''. SEC. 02. PURPOSE. The purpose of this title is to provide congressional review of the eligibility of foreign governments to be considered for United States military assistance and arms transfers, and to establish clear standards for such eligibility including adherence to democratic principles, protection of human rights, nonaggression, and participation in the United Nations Register of Conventional Arms. SEC. 03. ELIGIBILITY FOR UNITED STATES MILITARY ASSISTANCE OR ARMS TRANSFERS. (a) Prohibition; Waiver.--United States military assistance or arms transfers may not be provided to a foreign government during a fiscal year unless the President determines and certifies to the Congress for that fiscal year that-- (1) such government meets the criteria contained in section 04; (2) it is in the national security interest of the United States to provide military assistance and arms transfers to such government, and the Congress enacts a law approving such determination; or (3) an emergency exists under which it is vital to the interest of the United States to provide military assistance or arms transfers to such government. (b) Determination With Respect to Emergency Situations.-- The President shall submit to the Congress at the earliest possible date reports containing determinations with respect to emergencies under subsection (a)(3). Each such report shall contain a description of-- (1) the nature of the emergency; (2) the type of military assistance and arms transfers provided to the foreign government; and (3) the cost to the United States of such assistance and arms transfers. SEC. 04. CRITERIA FOR CERTIFICATION. The criteria referred to in section 03(a)(1) are as follows: (1) Promotes democracy.--Such government-- (A) was chosen by and permits free and fair elections; (B) promotes civilian control of the military and security forces and has civilian institutions controlling the policy, operation, and spending of all law enforcement and security institutions, as well as the armed forces; (C) promotes the rule of law, equality before the law, and respect for individual and minority rights, including freedom to speak, publish, associate, and organize; and (D) promotes the strengthening of political, legislative, and civil institutions of democracy, as well as autonomous institutions to monitor the conduct of public officials and to combat corruption. (2) Respects human rights.--Such government-- (A) does not engage in gross violations of internationally recognized human rights, as described in section 502B(d)(1) of the Foreign Assistance Act of 1961; (B) vigorously investigates, disciplines, and prosecutes those responsible for gross violations of internationally recognized human rights; (C) permits access on a regular basis to political prisoners by international humanitarian organizations such as the International Committee of the Red Cross; (D) promotes the independence of the judiciary and other official bodies that oversee the protection of human rights; and (E) does not impede the free functioning of and access of domestic and international human rights organizations or, in situations of conflict or famine, of humanitarian organizations. (3) Not engaged in certain acts of armed aggression.--Such government is not currently engaged in acts of armed aggression in violation of international law. (4) Full participation in united nations register of conventional arms.--Such government is fully participating in the United Nations Register of Conventional Arms. SEC. 05. CERTIFICATION AND DECERTIFICATION. (a) Notification to Congress.--In the case of a determination by the President under section 03(a)(1) or (2) with respect to a foreign government, the President shall submit to the Congress the initial certification in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance programs for a fiscal year and shall, where appropriate, submit additional or amended certifications at any time thereafter in the fiscal year. (b) Decertification.--If a foreign government ceases to meet the criteria contained in section 04, the President shall submit a decertification of the government to the Congress, whereupon any prior certification under section 03(a)(1) shall cease to be effective. SEC. 06. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED. For purposes of this title, the terms ``United States military assistance'' and ``arms transfers'' mean-- (1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (2) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training); (3) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (except any transfer or other assistance under section 23 of such Act), including defense articles and defense services licensed or approved for export under section 38 of that Act. SEC. 07. EFFECTIVE DATE. (a) Except as provided in subsection (b), this title shall take effect October 1, 1997. (b) Any initial certification made under section 03 shall be transmitted to the Congress with the President's budget submission for fiscal year 1998 under section 1105 of title 31, United States Code. ______ KERRY AMENDMENT NO. 5046 Mr. KERRY proposed an amendment to amendment No. 5045 proposed by Mr. Dorgan to the bill, H.R. 3540, supra; as follows: At the end of the amendment, add the following new section: SEC. . INTERNATIONAL ARMS TRANSFERS REGIME. (a) International Efforts.--The President shall continue and expand efforts through the United Nations and other international fora, such as The Wassernaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, to curb worldwide arms transfers, particularly to nations that do not meet the criteria established in section 04, with a goal of establishing a permanent multilateral regime to govern the transfer of conventional arms. (b) Report.--The President shall submit an annual report to the Congress describing efforts he has undertaken to gain international acceptance of the principles incorporated in section 04, and evaluating the progress made toward establishing a multilateral regime to control the transfer of conventional arms. This report shall be submitted in conjunction with the submission of the annual request for authorizations and appropriations for foreign assistance programs for a fiscal year. ______ DOMENICI (AND OTHERS) AMENDMENT NO. 5047 Mr. DOMENICI (for himself, Mr. D'Amato, Mrs. Hutchison, Mrs. Feinstein, Mr. Murkowski, Mr. Shelby, Mr. Helms, Mr. Gramm, Mr. Bingaman, Mr. Kempthorne, Mr. Bond, Mr. Hatch, and Mr. Faircloth) proposed an amendment to the bill, H.R. 3540, supra; as follows: On page 198, between lines 17 and 18, insert the following new section: prosecution of major drug traffickers residing in mexico Sec. . (a) Report.--(1) Not later than 30 days after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall submit a report to the President-- (A) identifying the 10 individuals who are indicted in the United States for unlawful trafficking or production of controlled substances most sought by United States law enforcement officials and who there is reason to believe reside in Mexico; and (B) identifying 25 individuals not named under paragraph (1) who have been indicted for such offenses and who there is reason to believe reside in Mexico. (2) The President shall promptly transmit to the Government of Mexico a copy of the report submitted under paragraph (1). (b) Prohibition.-- (1) In general.--None of the funds appropriated under the heading ``International Military Education and Training'' may be made available for any program, project, or activity for Mexico. (2) Exception.--Paragraph (1) shall not apply if, not later than 6 months after the date of enactment of this Act, the President certifies to Congress that-- (A) the Government of Mexico has extradited to the United States the individuals named pursuant to subsection (a)(1); or (B) the Government of Mexico has apprehended and begun prosecution of the individuals named pursuant to subsection (a)(1). (c) Waiver.--Subsection (b) shall not apply if the President of Mexico certifies to the President of the United States that-- (1) the Government of Mexico made intensive, good faith efforts to apprehend the individuals named pursuant to subsection (a)(1) [[Page S8875]] but did not find one or more of the individuals within Mexico; and (2) the Government of Mexico has apprehended and extradited or apprehended and prosecuted 3 individuals named pursuant to subsection (a)(2) for each individual not found under paragraph (1). ____________________