4 September 1998

For extensive Senate remarks on the amendments:

http://jya.com/s2334-amend1.txt  (98K)
http://jya.com/s2334-amend2.txt
 (19K)
http://jya.com/s2334-amend3.txt
 (139K)


[Congressional Record: September 2, 1998 (Senate)]
[Page S9885-S9887]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr02se98-33]


                          AMENDMENTS SUBMITTED

                                 ______


      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                           APPROPRIATIONS ACT

                                 ______


              HUTCHISON (AND McCONNELL) AMENDMENT NO. 3526

  Mrs. HUTCHISON (for herself and Mr. McConnell) proposed an amendment
to amendment No. 3500 proposed by Mr. McCain to the bill (S. 2334)
making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1999, and for
other purposes; as follows:

       Add the following proviso:
       (5) North Korea is not providing ballistic missiles or
     ballistic missile technology to a country the government of
     which the Secretary of State has determined is a terrorist
     government for the purposes of section 40(d) of the Arms
     Export Control Act or any other comparable provision of law.
                                 ______


                  DODD (AND OTHERS) AMENDMENT NO. 3527

  Mr. DODD (for himself, Mr. Harkin, Ms. Mikulski, Mr. Kerrey, Mr.
Kerry, Mr. Leahy, and Mr. Jeffords) proposed an amendment to the bill,
S. 2334, supra; as follows:

       At the appropriate place in the bill add the following new
     section:
       Sec.   . (a) Responsibility To Make Available Human Rights
     Records Pursuant to Pending Requests.--
       (1) Guatemala and honduras.--The United States has received
     specific written requests for human rights records from the
     Guatemala Clarification Commission and the National Human
     Rights Commissioner in Honduras, and from American citizens
     and their relatives who have been victims of gross violations
     of human rights in those countries.
       (2) Not later than 120 days after the date of enactment of
     this Act, each agency shall review all requested human rights
     records referred to in subsection (a)(1) which it has not yet
     located or reviewed for the purpose of declassifying and
     disclosing such records to the public except as provided in
     subsection (b),
       (b) Postponement of Public Disclosure.--
       (1) Grounds for postponement of public disclosure of human
     rights records.--An agency may only postpone public
     disclosure of a human rights record or portions thereof that
     are responsive to the pending requests--
       (A) pursuant to the declassification standards contained in
     section 6 of P.L. 102-526 or
       (B)(i) if its public disclosure should be expected to
     reveal the identity of a confidential human source.
       (ii) however it shall not be grounds for withholding from
     public disclosure relevant information about an individual's
     involvement in a human rights matter solely because that
     individual was or is an intelligence source, however the
     public disclosure of the fact that the individual was or is
     such a source may be withheld pursuant to this section.
       (2) Review of decision to withhold records.--The
     Interagency Security Classification Appeals Panel
     (hereinafter in this section the ``Panel''), established
     under Executive Order No. 12958, shall--
       (A) review all decisions to withhold the public disclosure
     of any human rights record that has been identified pursuant
     to requests referred to in subsection (a)(1), subject to the
     declassification standards referred to in subsection (b)(1);
       (B) notify the head of the agency in control or possession
     of the human rights record that was the subject of the review
     of its determination and publish such determination in the
     Federal Register;
       (C) contemporaneously notify the President of its
     determination, who shall have the sole and nondelegable
     authority to review any determination of the Panel, and whose
     review shall be based on the declassification standards
     referred to in subsection (b)(1). Within 30 calendar days of
     notification, the President shall provide the Panel with an
     unclassified certification setting forth his decision and the
     reasons therefor; and
       (D) publish in the Federal Register a copy of any
     unclassified written certification, statement, and any other
     materials that the President deems appropriate in each
     instance.
       (3) References.--For purposes of this section, references
     in sections 6 and 9 of P.L. 102-526 to ``assassination
     records'' shall be deemed to be references to ``human rights
     records.''
       (c) Creation of Positions.--(1) For purposes of carrying
     out the provisions of this section, there shall be two
     additional positions on the Panel. The President shall
     appoint individuals, not currently employees of the United
     States Government, who have substantial human rights
     expertise and who are able to meet the requisite security
     clearance requirements for these positions.
       (2) The rights and obligations of such individuals on the
     Panel shall be limited to matters relating to the review of
     human rights records and their service on the panel shall end
     upon completion of that review.
       (d) Definitions.--In this Section:
       (1) Human rights record.--The term ``human rights record''
     means a record in the possession, custody, or control of the
     United States Government containing information about gross
     violations of internationally recognized human rights
     committed in Honduras and Guatemala.
       (2) Agency.--The term agency means any agency of the United
     States Government charged with the conduct of foreign policy
     or foreign intelligence, including the Department of State,
     the Agency for International Development, the Defense
     Department, the Central Intelligence Agency, the National
     Reconnaissance Office, the Department of Justice, the
     National Security Council, and the Executive Office of the
     President.
       (3) Gross violations of internationally recognized human
     rights.--The term ``gross violations of internationally
     recognized human rights'' have the same meaning as is
     contained in section 502(B)(d)(1) of the Foreign Assistance
     Act of 1961.
                                 ______


                      BROWNBACK AMENDMENT NO. 3528

  Mr. McCONNELL (for Mr. Brownback) proposed an amendment to the bill,
S. 2334, supra; as follows:

       The Senate finds that according to the Department of State,
     Iran continues to support international terrorism, providing
     training, financing, and weapons to such terrorist groups as
     Hizballah, Islamic Jihad and Hamas;
       Iran continues to oppose the Arab-Israeli peace process and
     refuses to recognize Israel's right to exist;

[[Page S9886]]

       Iran continues aggressively to seek weapons of mass
     destruction and the missiles to deliver them;
       It is long-standing U.S. policy to offer official
     government to government dialogue with the Iranian regime,
     such offers having been repeatedly refused by Tehran;
       More than a year after the election of President Khatemi,
     Iranian foreign policy continues to threaten American
     security and that of our allies in the Middle East;
       Despite repeated offers and tentative steps toward
     rapprochement with Iran by the Clinton administration,
     including a decision to waive sanctions under the Iran-Libya
     Sanctions Act and the President's veto of the Iran Missile
     Proliferation Sanctions Act, Iran has failed to reciprocate
     in a meaningful manner.
       Therefore in the sense of the Senate:
       (1) the Administration should make no concessions to the
     government of Iran unless and until that government moderates
     its objectionable policies, including taking steps to end its
     support of international terrorism, opposition to the Middle
     East peace process, and the development and proliferation of
     weapons of mass destruction and their means of delivery; and
       (2) there should be no change in U.S. policy toward Iran
     until there is credible and sustained evidence of a change in
     Iranian pol- icies.
                                 ______


                 DeWINE (AND OTHERS) AMENDMENT NO. 3529

  Mr. McCONNELL (for Mr. DeWine for himself, Mr. Coverdell, Mr. Graham,
Mr. Grassley, Mr. Faircloth, and Mr. Bond) proposed an amendment to the
bill, S. 2334 supra; as follows:

       On page 10 line 19, insert ``Provided further, That of the
     funds appropriated under the previous proviso not less than
     $80,000,000 shall be made available for alternative
     development programs to drug production in Colombia, Peru and
     Bolivia.
                                 ______


                 CRAIG (AND OTHERS) AMENDMENT NO. 3530

  Mr. McCONNELL (for Mr. Craig for himself, Mr. Kempthorne, Mr. Leahy,
and Mr. Jeffords) proposed an amendment to the bill, S. 2334, supra; as
follows;

       At the appropriate place, insert:

     SEC.  . JOINT UNITED STATES-CANADA COMMISSION ON CATTLE AND
                   BEEF.

       (a) Establishment.--There is established a Joint United
     States-Canada Commission on Cattle, Beef and dairy products
     to identify, and recommend means of resolving, national,
     regional, and provincial trade-distorting differences between
     the United States and Canada with respect to the production,
     processing, and sale of cattle, beef, and dairy products,
     with particular emphasis on--
       (1) animal health requirements;
       (2) transportation differences;
       (3) the availability of feed grains;
       (4) other market-distorting direct and indirect subsidies;
     and
       (5) the expansion of the Northwest Pilot Project.
       (6) tariff rate quotas.
       (7) and other factors that distort trade between the United
     States and Canada.
       (b) Composition.--
       (1) In general.--The Commission shall be composed of--
       (A) 3 members representing the United States, including--
       (i) 1 member appointed by the Majority Leader of the
     Senate;
       (ii) 1 member appointed by the Speaker of the House of
     Representatives; and
       (iii) 1 member appointed by the Secretary of Agriculture;
       (B) 3 members representing Canada, appointed by the
     Government of Canada; and
       (C) nonvoting members appointed by the Commission to serve
     as advisers to the Commission, including university faculty,
     State veterinarians, trade experts, producers, and other
     members.
       (2) Appointment.--Members of the Commission shall be
     appointed not later than 30 days after the date of enactment
     of this Act.
       (c) Report.--Not later than 180 days after the first
     meeting of the Commission, the Commission shall submit a
     report to Congress and the Government of Canada that
     identifies, and recommends means of resolving, differences
     between the United States and Canada with respect to tariff
     rate quotas and the production, processing, and sale of
     cattle and beef, and dairy products.
                                 ______


            CRAIG (AND KEMPTHORNE) AMENDMENTS NOS. 3531-3532

  Mr. McCONNELL (for Mr. Craig for himself and Mr. Kempthorne) proposed
two amendments to the bill, S. 2334, supra; as follows:

                           Amendment No. 3531

       On page 82, line 10, strike ``Yugoslavia.'' and insert the
     following: ``Yugoslavia: Provided further, That the drawdown
     made under this section for any tribunal shall not be
     construed as an endorsement or precedent for the
     establishment of any standing or permanent international
     criminal tribunal or court: Provided further; That funds made
     available for the tribunal shall be made available subject to
     the regular notification procedures of the Committee on
     Appropriations.
                                  ____

                           Amendment No. 3532

       At the appropriate place, insert:

     SEC.  . SENSE OF THE SENATE.

       (a) It is the Sense of the Senate that:
       (1) The U.S. Department of Agriculture should use the GSM-
     102 credit guarantee program to provide 100 percent coverage,
     including shipping costs, in some markets where it may be
     temporarily necessary to encourage the export of US
     agricultural products.
       (2) The U.S. Department of Agriculture should increase the
     amount of GSM export credit available above the $5.5 billion
     minimum required by the 1996 Farm Bill (as it did in the
     1991/1992 period). In addition to other nations, extra
     allocations should be made in the following amounts to:
       (A) Pakistan--an additional $150 million;
       (B) Algeria--an additional $140 million;
       (C) Bulgaria--an additional $20 million; and
       (D) Romania--an additional $20 million.
       (3) The U.S. Department of Agriculture should use the PL-
     480 food assistance programs to the fullest extent possible,
     including the allocation of assistance to Indonesia and other
     Asian nations facing economic hardship.
       (4) Given the President's reaffirmation of a Jackson-Vanik
     waiver for Vietnam, the U.S. Department of Agriculture should
     consider Vietnam for PL-480 assistance and increased GSM.
                                 ______


                   REED (AND REID) AMENDMENT NO. 3533

  Mr. McCONNELL (for Mr. Reed for himself and Mr. Reid) proposed an
amendment to the bill, S. 2334, supra; as follows:

       At the appropriate place in the bill, insert the following:
       That of the funds made available by prior Foreign
     Operations Appropriations Acts, not to exceed $750,000 shall
     be made available for the Claiborne Pell Institute for
     International Relations and Public Policy at Salve Regina
     University.
                                 ______


                       DeWINE AMENDMENT NO. 3534

  Mr. McCONNELL (for Mr. DeWine) proposed an amendment to the bill, S.
2334, supra; as follows:

       Beginning on page 90, line 1, after the word ``the'' insert
     ``central''.
       On page 91, line 11, after the word ``ratified'' insert
     ``or in implementing''.
       On page 91, strike lines 19 through 20, and insert ``for
     the Haitian National Police, customs assistance, humanitarian
     assistance, and education programs.''
       On page 91, line 22, after the word ``available'' insert
     ``to the Government of Haiti''.
       On page 92, line 5 strike everything after the word
     ``council'' through the ``period'' on line 7 and insert in
     lieu thereof ``that is acceptable to a broad spectrum of
     political parties and civic groups.''
       On page 92, line 8, after the word ``Parties'' insert ``and
     Grass Roots Civic Organization''.
       On page 92, line 13 after the word ``parties'' insert ``and
     for the development of grass roots civic organizations''.
       On page 92, insert new section (e):
       ``(e)(1) Availability of Administration of Justice
     Assistance.--Funds appropriated under this act for the
     Ministry of Justice shall only be provided if the President
     certifies to the Committee on Appropriations and the
     Committee on International Relations of the House of
     Representatives and the Committee on Appropriations and the
     Committee on Foreign Relations of the Senate that Haiti's
     Ministry of Justice:
       ``(A) Has demonstrated a commitment to the
     professionalization of judicial personnel by consistently
     placing students graduated by the Judicial School in
     appropriate judicial positions and has made a commitment to
     share program costs associated with the Judicial School;
       ``(B) is making progress in making the judicial branch in
     Haiti independent from the executive branch, as outlined in
     the 1987 Constitution; and
       ``(C) Has re-instituted judicial training with the Office
     of Prosecutorial Development and Training (OPDAT).
       ``(2) The limitation in subsection (e)(1) shall not apply
     to the provision of funds to support the training of
     prosecutors, judicial mentoring, and case management.''.
       On page 92, line 14, strike ``(e)'' and insert ``(f)''.
       On page 93, strike (f) and all that follows.
                                 ______


                      McCONNELL AMENDMENT NO. 3535

  Mr. McCONNELL proposed an amendment to the bill, S. 2334, supra; as
follows:

       At the appropriate place, insert:

                           office of security

       Sec.   . (a) Establishment of Office.--There shall be
     established within the Office of the Administrator of the
     Agency for International Development, an Office of Security.
     Such Office of Security shall, notwithstanding any other
     provision of law, have the responsibility for the
     supervision, direction, and control of all security
     activities relating to the programs and operations of that
     Agency.
       (b) Transfer and Allocation of Appropriations and
     Personnel.--There are transferred to the Office of Security
     all security

[[Page S9887]]

     functions exercised by the Office of Inspector General of the
     Agency for International Development exercised before the
     date of enactment of this Act. The Administrator shall
     transfer from the Office of the Inspector General of such
     Agency to the Office of Security established by subsection
     (a), the personnel (including the Senior Executive Service
     position designated for the Assistant Inspector General for
     Security), assets, liabilities, grants, contracts, property,
     records, and unexpended balances of appropriations, and other
     funds held, used, available to, or to be made available in
     connection with such functions. Unexpended balances of
     appropriations, and other funds made available or to be made
     available in connection with such functions, shall be
     transferred to and merged with funds appropriated by this Act
     under the heading ``Operating Expenses of the Agency for
     International Development''.
       (c) Transfer of Employees.--Any employee in the career
     service who is transferred pursuant to this section shall be
     placed in a position in the Office of Security established by
     subsection (a) which is comparable to the position the
     employee held in the Office of the Inspector General of the
     Agency for International Development.
                                 ______


                 DeWINE (AND LEAHY) AMENDMENT NO. 3536

  Mr. LEAHY (for Mr. DeWine for himself and Mr. Leahy) proposed an
amendment to the bill. S. 2334, supra; as follows:

       At the appropriate place, insert the following new title:

             TITLE ____--ASSISTANCE FOR SUB-SAHARAN AFRICA

     SEC. ____01. AFRICA FOOD SECURITY INITIATIVE.

       In providing development assistance under the Africa Food
     Security Initiative, or any comparable program, the
     Administrator of the United States Agency for International
     Development--
       (1) shall emphasize programs and projects that improve the
     food security of infants, young children, school-age
     children, women, and food-insecure households, or that
     improve the agricultural productivity, incomes, and marketing
     of the rural poor in Africa;
       (2) shall solicit and take into consideration the views and
     needs of intended beneficiaries and program participants
     during the selection, planning, implementation, and
     evaluation phases of projects; and
       (3) shall ensure that programs are designed and conducted
     in cooperation with African and United States organizations
     and institutions, such as private and voluntary
     organizations, cooperatives, land-grant and other appropriate
     universities, and local producer-owned cooperative marketing
     and buying associations, that have expertise in addressing
     the needs of the poor, small-scale farmers, entrepreneurs,
     and rural workers, including women.

     SEC. ____02. MICROENTERPRISE ASSISTANCE.

       In providing microenterprise assistance for sub-Saharan
     Africa, the Administrator of the United States Agency for
     International Development shall, to the extent practicable,
     use credit and microcredit assistance to improve the capacity
     and efficiency of agriculture production in sub-Saharan
     Africa of small-scale farmers and small rural entrepreneurs.
     In providing assistance, the Administrator should take into
     consideration the needs of women, and should use the applied
     research and technical assistance capabilities of United
     States land-grant universities.

     SEC. ____03. SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING
                   ASSOCIATIONS.

       The Administrator of the United States Agency for
     International Development is authorized to utilize relevant
     foreign assistance programs and initiatives for sub-Saharan
     Africa to support private producer-owned cooperative
     marketing associations in sub-Saharan Africa, including rural
     business associations that are owned and controlled by farmer
     shareholders in order to strengthen the capacity of farmers
     in sub-Saharan Africa to participate in national and
     international private markets and to encourage the efforts of
     farmers in sub-Saharan Africa to increase their productivity
     and income through improved access to farm supplies, seasonal
     credit, and technical expertise.

     SEC. ____04. AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF
                   THE OVERSEAS PRIVATE INVESTMENT CORPORATION.

       (a) In General.--The Overseas Private Investment
     Corporation shall exercise its authority under law to
     undertake an initiative to support private agricultural and
     rural development in sub-Saharan Africa, including issuing
     loans, guarantees, and insurance, to support rural
     development in sub-Saharan Africa, particularly to support
     intermediary organizations that--
       (1) directly serve the needs of small-scale farmers, small
     rural entrepreneurs, and rural producer-owned cooperative
     purchasing and marketing associations;
       (2) have a clear track record of support for sound business
     management practices; and
       (3) have demonstrated experience with participatory
     development methods.
       (b) Use of Certain Funds.--The Overseas Private Investment
     Corporation shall utilize existing equity funds, loan, and
     insurance funds, to the extent feasible and in accordance
     with existing contractual obligations, to support agriculture
     and rural development in sub-Saharan Africa.

     SEC. ____05. AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES.

       (a) Development of Plan.--The Administrator of the United
     States Agency for International Development, in consultation
     with the Secretary of Agriculture and appropriate Department
     of Agriculture agencies, especially the Cooperative State,
     Research, Education, and Extension Service (CSREES), shall
     develop a comprehensive plan to coordinate and build on the
     research and extension activities of United States land-grant
     universities, international agricultural research centers,
     and national agricultural research and extension centers in
     sub-Saharan Africa.
       (b) Additional Requirements.--The plan described in
     subsection (a) shall be designed to ensure that--
       (1) research and extension activities respond to the needs
     of small-scale farmers while developing the potential and
     skills of researchers, extension agents, farmers, and
     agribusiness persons in sub-Saharan Africa; and
       (2) sustainable agricultural methods of farming is
     considered together with new technologies in increasing
     agricultural productivity in sub-Saharan Africa.
                                 ______


                  KERREY (AND LOTT) AMENDMENT NO. 3537

  Mr. LEAHY (for Mr. Kerrey for himself and Mr. Lott) proposed an
amendment to the bill, S. 2334, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . (a) The Senate makes the following findings:
       (1) The International Telecommunication Union, an agency of
     the United Nations, is currently developing recommendations
     for world standards for the next generation of wireless
     telecommunications services based on the concept of a
     ``family'' of standards.
       (2) On June 30, 1998, the Department of State submitted
     four proposed standards to the ITU for consideration in the
     development of those recommendations.
       (3) Adoption of an open and inclusive set of multiple
     standards, including all four submitted by the Department of
     State, would enable existing systems to operate with the next
     generation of wireless standards.
       (4) It is critical to the interests of the United States
     that existing systems be given this ability.
       (b) It is the sense of the Senate that the Federal
     Communications Commission and appropriate executive branch
     agencies take all appropriate actions to promote development,
     by the ITU, of recommendations for digital wireless
     telecommunications services based on a family of open and
     inclusive multiple standards, including all four standards
     submitted by the Department of State, so as to allow
     operation of existing systems with the next generation of
     wireless standards.
                                 ______


                        LEAHY AMENDMENT NO. 3538

  Mr. LEAHY proposed an amendment to the bill, S. 2334, supra; as
follows:

       On page 38, line 22, delete $69,000,000 and insert in lieu
     thereof $75,000,000.
       On page 7, line 21, delete $1,890,000,000 and insert in
     lieu thereof $1,904,000,000.
                                 ______


                       ABRAHAM AMENDMENT NO. 3539

  Mr. LEAHY (for Mr. Abraham) proposed an amendment to the bill, S.
2334, supra; as follows:

       On page 30, line 7, strike the final period and insert a
     semicolon, and insert the following: ``Provided further, That
     amounts appropriated under this heading for fiscal year 1999,
     and amounts previously appropriated under such heading for
     fiscal year 1998, shall remain available until expended.''

                          ____________________