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H.R. 4036 (104th): Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996

The text of the bill below is as of Sep 25, 1996 (Passed the House).


HR 4036 EH

104th CONGRESS

2d Session

H. R. 4036


AN ACT

Making certain provisions with respect to internationally recognized human rights, refugees, and foreign relations.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--FOREIGN RELATIONS PROVISIONS

      Sec. 101. Fees for machine readable visas.

      Sec. 102. Report to Congress concerning Cuban emigration policies.

      Sec. 103. Extension of certain adjudication provisions.

      Sec. 104. Persecution for resistance to coercive population control methods.

      Sec. 105. Conduct of certain educational and cultural exchange programs.

      Sec. 106. Educational and cultural exchanges and scholarships for Tibetans and Burmese.

      Sec. 107. International Boundary and Water Commission.

TITLE II--FOREIGN ASSISTANCE PROVISIONS

      Sec. 201. Human rights reports.

      Sec. 202. Assistance for Mauritania.

TITLE I--FOREIGN RELATIONS PROVISIONS

SEC. 101. FEES FOR MACHINE READABLE VISAS.

    Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--

      (1) by striking paragraphs (2) and (3) and inserting the following:

      ‘(2) For fiscal years 1996 and 1997, not more than $150,000,000 in fees collected under the authority of paragraph (1) for each fiscal year shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of the Department of State’s border security program, including the costs of--

        ‘(A) installation and operation of the machine readable visa and automated name-check process;

        ‘(B) improving the quality and security of the United States passport;

        ‘(C) passport and visa fraud investigations; and

        ‘(D) the technological infrastructure to support and operate the programs referred to in subparagraphs (A) through (C).

      Such fees shall remain available for obligation until expended.

      ‘(3) For any fiscal year, fees collected under the authority of paragraph (1) in excess of the amount specified for such fiscal year under paragraph (2) shall be deposited in the general fund of the Treasury as miscellaneous receipts.’; and

      (2) by striking paragraph (5).

SEC. 102. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.

    Beginning 3 months after the date of the enactment of this Act and every subsequent 6 months, the Secretary of State shall include in the monthly report to Congress entitled ‘Update on Monitoring of Cuban Migrant Returnees’ additional information concerning the methods employed by the Government of Cuba to enforce the United States-Cuba agreement of September 1994 to restrict the emigration of the Cuban people from Cuba to the United States and the treatment by the Government of Cuba of persons who have returned to Cuba pursuant to the United States-Cuba agreement of May 1995.

SEC. 103. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

    The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended--

      (1) in section 599D (8 U.S.C. 1157 note)--

        (A) in subsection (b)(3), by striking ‘and 1996’ and inserting ‘1996, and 1997’; and

        (B) in subsection (e), by striking out ‘October 1, 1996’ each place it appears and inserting ‘October 1, 1997’; and

      (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking out ‘September 30, 1996’ and inserting ‘September 30, 1997’.

SEC. 104. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS.

    (a) DEFINITION OF REFUGEE-

      (1) Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following: ‘For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to such forced procedures, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.’.

      (2) Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and countries of origin of aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1). Each such report shall also contain projections regarding the number and countries of origin of aliens that are likely to be granted refugee status or asylum for the subsequent 2 fiscal years.

    (b) NUMERICAL LIMITATION- Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 1157(a)) is amended by adding at the end the following new paragraph:

    ‘(5) For any fiscal year, not more than a total of 1,000 refugees may be admitted under this subsection or granted asylum under section 208 pursuant to a determination under the third sentence of section 101(a)(42) (relating to persecution for resistance to coercive population control methods).’.

    (c) CONTINGENT REPEALER- Subsections (a) and (b) of this section and the amendments made by such subsections shall not take effect and this section and such amendments are repealed whenever the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is enacted into law (whether before, on, or after the date of the enactment of this Act).

SEC. 105. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

    In carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy (including but not limited to China, Vietnam, Cambodia, Tibet, and Burma), the Director of the United States Information Agency shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.

SEC. 106. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.

    (a) ESTABLISHMENT OF EDUCATIONAL AND CULTURAL EXCHANGE FOR TIBETANS- The Director of the United States Information Agency shall establish programs of educational and cultural exchange between the United States and the people of Tibet. Such programs shall include opportunities for training and, as the Director considers appropriate, may include the assignment of personnel and resources abroad.

    (b) SCHOLARSHIPS FOR TIBETANS AND BURMESE-

      (1) Subject to the availability of appropriations, for fiscal year 1997 at least 30 scholarships shall be made available to Tibetan students and professionals who are outside Tibet, and at least 15 scholarships shall be made available to Burmese students and professionals who are outside Burma.

      (2) WAIVER- Paragraph (1) shall not apply to the extent that the Director of the United States Information Agency determines that there are not enough qualified students to fulfill such allocation requirement.

      (3) SCHOLARSHIP DEFINED- For the purposes of this section, the term ‘scholarship’ means an amount to be used for full or partial support of tuition and fees to attend an educational institution, and may include fees, books, and supplies, equipment required for courses at an educational institution, living expenses at a United States educational

institution, and travel expenses to and from, and within, the United States.

SEC. 107. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

    The Act of May 13, 1924 (49 Stat. 660, 22 U.S.C. 277-277f), is amended in section 3 (22 U.S.C. 277b) by adding at the end the following new subsection:

    ‘(d) Pursuant to the authority of subsection (a) and in order to facilitate further compliance with the terms of the Convention for Equitable Distribution of the Waters of the Rio Grande, May 21, 1906, United States-Mexico, the Secretary of State, acting through the United States Commissioner of the International Boundary and Water Commission, may make improvements to the Rio Grande Canalization Project, originally authorized by the Act of August 29, 1935 (49 Stat. 961). Such improvements may include all such works as may be needed to stabilize the Rio Grande in the reach between the Percha Diversion Dam in New Mexico and the American Diversion Dam in El Paso.’.

TITLE II--FOREIGN ASSISTANCE PROVISIONS

SEC. 201. HUMAN RIGHTS REPORTS.

    (a) SECTION 116 REPORT- Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--

      (1) in paragraph (2), by striking ‘and’ at the end;

      (2) by redesignating paragraph (3) as paragraph (5); and

      (3) by inserting after paragraph (2) the following new paragraphs:

      ‘(3) the votes of each member of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission’s annual session during the period covered during the preceding year;

      ‘(4) the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement; and’.

    (b) SECTION 502B REPORT- Section 502B(b) of such Act (22 U.S.C. 2304(b)) is amended by adding after the second sentence the following new sentence: ‘Each report under this section shall list the votes of each member of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission’s annual session during the period covered during the preceding year.’.

SEC. 202. ASSISTANCE FOR MAURITANIA.

    (a) PROHIBITION- The President should not provide economic assistance, military assistance or arms transfers to the Government of Mauritania unless the President certifies to the Congress that such Government has taken appropriate action to eliminate chattel slavery in Mauritania, including--

      (1) the enactment of anti-slavery laws that provide appropriate punishment for violators of such laws; and

      (2) the rigorous enforcement of such laws.

    (b) DEFINITIONS- For purposes of this section, the following definitions apply:

      (1) ECONOMIC ASSISTANCE- The term ‘economic assistance’ means any assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except that such term does not include humanitarian assistance.

      (2) MILITARY ASSISTANCE OR ARMS TRANSFERS- The term ‘military assistance or arms transfers’ means--

        (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to military assistance), including the transfer of excess defense articles under sections 516 through 519 of that Act (22 U.S.C. 2321j through 2321m);

        (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training);

        (C) assistance under the ‘Foreign Military Financing Program’ under section 23 of the Arms Export Control Act (22 U.S.C. 2763); or

        (D) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778).

Passed the House of Representatives September 25, 1996.

Attest:

Clerk.