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“CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1995” mentioning the U.S. Dept of State was published in the Senate section on pages S15282-S15283 on Oct. 18, 1995.
The publication is reproduced in full below:
CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1995
The Senate continued with the consideration of the bill.
Unanimous-Consent Agreement
Mr. DOLE. Mr. President, I have a consent agreement which has been cleared by both sides.
I ask unanimous consent that when the Senate resumes H.R. 927, the following amendments be the only amendments in order postcloture: Helms amendment No. 2936; Bradley amendment No. 2930 or 2931; Dodd amendment No. 2906; Dodd amendment No. 2908; Simon amendment No. 2934.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOLE. Mr. President, I ask unanimous consent that all listed amendments be considered second-degree amendments to Helms amendment No. 2936.
The PRESIDING OFFICER. Without objection, it is so ordered.
Order of Procedure
Mr. DOLE. Mr. President, let me indicate we believe we can have debate on the Simon amendment yet this afternoon. I understand the Senator from North Carolina will offer an amendment which will be accepted on behalf of Senator Bradley. That will leave the Helms amendment and the two Dodd amendments.
We are hoping to start at 10:30 tomorrow morning on the bill and recognize Senator Dodd, with, if there is not a time agreement, a short period of debate. We are trying to accommodate Senator Dodd's schedule, so I hope he will accommodate ours tomorrow.
I want to congratulate the Senator from North Carolina. I regret we were one vote short, 59 to 36. So it was necessary, as the chairman has indicated, to delete title III.
It is the hope of everyone when we get into conference we can work out some consensus so we can come back with a conference report and pick up that additional vote and maybe more.
It seems to me there are good points to this bill. The strength of this bill was title III, and we will revisit it. There will be some version of it in the conference report. Again, I think the chairman is to be commended. We will go to conference and see what happens.
Also, it is my hope tomorrow--I discussed this briefly with Senator Kerry from Massachusetts--that we could move to the State Department reorganization bill. They indicate they will make an offer to Senator Helms this afternoon.
Mr. HELMS. That is correct.
Mr. DOLE. If that is acceptable under a 4-hour time agreement, we can complete action on that, too.
After the debate on the Simon amendment, and anything else being done with reference to this, I think it is my intention to recess so the Senate Finance Committee can meet and complete its work, because they may be going late into the evening.
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. Mr. President, I thank the distinguished majority leader, and I share his regret that we had to go through all of this. Sometimes it is absolutely essential that we do. I have no hard feelings toward anybody about it. I just wish we could have moved along a little more rapidly. I appreciate all the help the majority leader has given.
Amendment No. 2930 to Amendment No. 2936
(Purpose: To make limited exceptions to restrictions on assistance for the independent states of the former Soviet Union imposed by the bill)
Mr. HELMS. Mr. President, I send an amendment to the desk on behalf of Senator Bradley and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from North Carolina [Mr. Helms], for Mr. Bradley, proposes an amendment numbered 2930 to amendment No. 2936.
Mr. HELMS. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 14, strike line 1 and all that follows through line 14 on page 16 and insert in lieu thereof the following:
``(5) except for assistance under the secondary school exchange program administered by the United States Information Agency, for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees
(and Congress has not enacted legislation disapproving the determination within the 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section 498(k)(3)) with, the Government of Cuba, or''.
(2) Subsection (k) of section 498B of that Act (22 U.S.C. 2295b(k)), is amended by adding at the end the following:
``(3) Nonmarket based trade.--As used in section 498A(b)(5), the term `nonmarket based trade' includes exports, imports, exchanges, or other arrangements that are provided for goods and services (including oil and other petroleum products) on terms more favorable than those generally available in applicable markets or for comparable commodities, including--
``(A) exports to the Government of Cuba on terms that involve a grant, concessional price, guarantee, insurance, or subsidy;
``(B) imports from the Government of Cuba at preferential tariff rates;
``(C) exchange arrangements that include advance delivery of commodities, arrangements in which the Government of Cuba is not held accountable for unfulfilled exchange contracts, and arrangements under which Cuba does not pay appropriate transportation, insurance, or finance costs; and
``(D) the exchange, reduction, or forgiveness of Cuban government debt in return for a grant by the Cuban government of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national.''.
``(4) Cuban government.--(A) The term Cuban government includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.
``(B) For purposes of subparagraph (A), the term `agency or instrumentality' is used within the meaning of section 1603(b) of title 28, United States Code.''.
(d) Facilities at Lourdes, Cuba.--(1) The Congress expresses its strong disapproval of the extension by Russia of credits equivalent to $200,000,000 in support of the intelligence facility at Lourdes, Cuba, announced in November 1994.
(2) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended by adding at the end the following new subsection:
``(d) Reduction in Assistance for Support of Intelligence Facilities in Cuba.--(1) Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after the date of enactment of this subsection, for an independent state of the former Soviet Union under this Act an amount equal to the sum of assistance and credits, if any, provided on or after such date by such state in support of intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba.
``(2)(A) The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that the Russian Government is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government.
``(B) At the time of a certification made with respect to Russia pursuant to subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Government provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility.
``(C) The report required by subparagraph (B) may be submitted in classified form.
``(D) For purposes of this paragraph, the term appropriate congressional committees, includes the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
``(3) The requirement of paragraph (1) to withhold assistance shall not apply with respect to--
``(A) assistance to meet urgent humanitarian needs, including disaster and refugee relief;
``(B) democratic political reform and rule of law activities;
``(C) technical assistance for safety upgrades of civilian nuclear power plants;
``(D) the creation of private sector and nongovernmental organizations that are independent of government control;
``(E) the development of a free market economic system;
``(F) assistance under the secondary school exchange program administered by the United States Information Agency; or
``(G) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160)''.
Mr. BRADLEY. Mr. President, I have sent an amendment to the desk to ensure that high school exchanges with students from the New Independent States of the former Soviet Union will continue to build bridges between our country and theirs. In essence, this amendment exempts the high school exchange program from the operation of section 107 of this bill, which would otherwise allow such programs to cut off if an NIS country engages in certain activity enumerated in that section.
This program is unique. It calls for a personal involvement that other aid programs do not demand of Americans. It not only benefits the newly independent states, but it benefits Americans as well. Host families and American students learn from having foreign students in their homes and classrooms. Americans studying in Kiev, St. Petersburg, Vilnius, and Almaty are witnessing first hand the new frontiers of democracy and they return home with a better understanding of the people of those nations.
Since 1993, over 12,000 high school students from the New Independent States have visited the United States to live with American families and study in this country. As their home countries of Armenia, Russia, Ukraine, Kazakhstan, and the other NIS countries are making the transition to post-Soviet societies, these students come to our country eager to learn about the privileges and opportunities that come with living in a democracy and free market economy.
This program plays a tremendously important role in our relationship with the newly independent states. It allows these young students to experience life in a multicultural, market-based democracy. It forges connections between the people of this country and theirs, which will continue as these future leaders take back to their home countries a new perspective on the world and valuable, lasting bonds. But the impact of the exchanges goes beyond those students who are actually chosen to participate in the program. There is a ripple effect, as these students share their experiences with their families, friends, and fellow students back home.
This unique program accords tremendous benefits and for that reason, it must be allowed to continue.
Mr. HELMS. Mr. President, I strongly support the secondary exchange programs in the Bradley amendment. These semester and academic year programs are one of the more successful assistance programs we have with the new Independent States of the former Soviet Union. The Senator's amendment is in keeping with the spirit and intent of the Russia sections of the Libertad bill. I am prepared to accept the amendment exempting this program from the Libertad bill's restrictions on aid to the former Soviet States.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 2930) was agreed to.
Mr. HELMS. Mr. President, I move to reconsider the vote, and I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. WELLSTONE addressed the Chair.
The PRESIDING OFFICER. The Senator from Minnesota is recognized.
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