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.''

                              ____________________