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.'' ____________________