SPEAKERS       CONTENTS       INSERTS    
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50–499 CC
1998
H.R. 4083, RELATING TO THE AVAILABILITY OF THE USIA TELEVISION PROGRAM, ''WINDOW ON AMERICA''; H. CON. RES. 185, RELATIVE TO THE 50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS; H.R. 633, A BILL TO AMEND THE FOREIGN SERVICE ACT OF 1980 RELATIVE TO THE ANNUITIES OF CERTAIN DEPARTMENT OF STATE PERSONNEL; H.R. 4309, THE TORTURE VICTIMS RELIEF ACT OF 1998

MARKUP

BEFORE THE

SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTH CONGRESS

SECOND SESSION

JULY 24, 1998

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Printed for the use of the Committee on International Relations

COMMITTEE ON INTERNATIONAL RELATIONS
BENJAMIN A. GILMAN, New York, Chairman
WILLIAM GOODLING, Pennsylvania
JAMES A. LEACH, Iowa
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER SMITH, New Jersey
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DONALD A. MANZULLO, Illinois
EDWARD R. ROYCE, California
PETER T. KING, New York
JAY KIM, California
STEVEN J. CHABOT, Ohio
MARSHALL ''MARK'' SANFORD, South Carolina
MATT SALMON, Arizona
AMO HOUGHTON, New York
TOM CAMPBELL, California
JON FOX, Pennsylvania
JOHN McHUGH, New York
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LINDSEY GRAHAM, South Carolina
ROY BLUNT, Missouri
KEVIN BRADY, Texas
RICHARD BURR, North Carolina
LEE HAMILTON, Indiana
SAM GEJDENSON, Connecticut
TOM LANTOS, California
HOWARD BERMAN, California
GARY ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
MATTHEW G. MARTINEZ, California
DONALD M. PAYNE, New Jersey
ROBERT ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
CYNTHIA A. McKINNEY, Georgia
ALCEE L. HASTINGS, Florida
PAT DANNER, Missouri
EARL HILLIARD, Alabama
BRAD SHERMAN, California
ROBERT WEXLER, Florida
STEVE ROTHMAN, New Jersey
BOB CLEMENT, Tennessee
BILL LUTHER, Minnesota
JIM DAVIS, Florida
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LOIS CAPPS, California
RICHARD J. GARON, Chief of Staff
MICHAEL H. VAN DUSEN, Democratic Chief of Staff

Subcommittee on International Operations and Human Rights
CHRISTOPHER H. SMITH, New Jersey, Chairman
WILLIAM F. GOODLING, Pennsylvania
HENRY J. HYDE, Illinois
DAN BURTON, Indiana
CASS BALLENGER, North Carolina
PETER T. KING, New York
MATT SALMON, Arizona
LINDSEY O. GRAHAM, South Carolina
ILEANA ROS-LEHTINEN, Florida
TOM LANTOS, California
CYNTHIA A. McKINNEY, Georgia
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
EARL F. HILLIARD, Alabama
ROBERT WEXLER, Florida
GROVER JOSEPH REES, Subcommittee Staff Director and Chief Counsel
ROBERT R. KING, Democratic Professional Staff Member
DOUGLAS C. ANDERSON, Counsel
CATHERINE DUBOIS, Staff Associate
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C O N T E N T S

    H.R. 4083, Relating to the availability of the USIA television program, ''Window on America''
    H. Con. Res. 185, Relative to the 50th anniversary of the Universal Declaration of Human Rights
    H.R. 633, A bill to amend the Foreign Service Act of 1980 relative to the annuities of certain Department of State personnel
    H.R. 4309, The Torture Victims Relief Act of 1998
APPENDIX
    H.R. 4083, To make available to the Ukrainian Museum and Archives the USIA television program ''Window on America''
    H. Con. Res. 185, Expressing the sense of the Congress on the occasion of the 50th anniversary of the signing of the Universal Declaration of Human Rights and recommitting the United States to the principles expressed in the Universal Declaration
    Amendment to H. Res. 185 offered by Mr. Faleomavaega of American Samoa
    H.R. 633, To amend the Foreign Service Act of 1980 to provide that the annuities of certain special agents and security personnel of the Department of State be computed in the same way as applies generally with respect to Federal law enforcement officers, and for other purposes
    Amendment in the nature of a substitute to H.R. 633 offered by Mr. Smith of New Jersey
    H.R. 4309, The Torture Victims Relief Act of 1998
    Amendment to H.R. 4309 offered by Mr. Smith of New Jersey
MARKUP OF H.R. 4083 RELATING TO THE AVAILABILITY OF THE USIA TELEVISION PROGRAM ''WINDOW ON AMERICA''; H. CON. RES. 185, RELATIVE TO THE 50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS; H.R. 633, A BILL TO AMEND THE FOREIGN SERVICE ACT OF 1980 RELATIVE TO THE ANNUITIES OF CERTAIN DEPARTMENT OF STATE PERSONNEL; H.R. 4309, THE TORTURE VICTIMS' RELIEF ACT OF 1998
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FRIDAY, JULY 24, 1998
House of Representatives,
Subcommittee on International Operations and Human Rights,
Committee on International Relations,
Washington, DC.
    The Subcommittee met, pursuant to notice, at 10:07 a.m., in room 2172, Rayburn House Office Building, Hon. Chris Smith (chairman of the Subcommittee) presiding.
    Mr. SMITH. [presiding] The Subcommittee will come to order.
    The Subcommittee meets, pursuant to notice, to consider four measures, and then we'll proceed to a hearing on human rights, military, and other issues related to Indonesia.
    We will consider now H.R. 4083 relating to the availability of the USIA television program ''Window on America.'' The Chair lays the bill before the Committee, and the clerk will report the title of the bill.
    The CLERK. ''A bill to make available to the Ukrainian Museum and Archives the USIA television program 'Window on America'.''
    Mr. SMITH. Without objection, the first reading of the bill is dispensed with. The clerk will read the bill for the amendment.
    The CLERK. ''Be it enacted by the Senate and the House of Representatives of the United States of America and''——
    Mr. SMITH. Without objection, the bill is considered as having been read and is open to amendment at any point.
    [H.R. 4083 appears in the appendix.]
    Mr. SMITH. Let me just say to my colleagues, this bill was introduced on June 18, 1998 and was referred on July 6, 1998 to our Subcommittee, and I'd like to make a few comments regarding it.
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    The bill was introduced by my good friend and colleague from Ohio, Mr. Kucinich, along with Mr. LaTourette and Mr. Hamilton. It will allow the Ukrainian Museum and Archives in Cleveland, Ohio and the Slavics Collection at Indiana University in Bloomington to procure copies of the USIA television program ''Window on America'' for archival purposes.
    The ''Window on America'' program, which is popular in the Ukraine, has helped to enhance the Ukrainian people's understanding of America over the last 4 years, and would be an important addition to those repositories of Ukrainian-American culture and history.
    This bill respects the purposes of the Smith-Mundt Act and the Zorinsky amendment, which prohibit USIA from producing programming for domestic American audiences, by prohibiting those institutions from broadcasting the materials they receive under this provision.
    Would any of my colleagues like to be heard on the pending measure?
    Mr. FALEOMAVAEGA. Mr. Chairman.
    Mr. SMITH. Yes?
    Mr. FALEOMAVAEGA. I would like to associate myself with the remarks that you have made earlier concerning the provisions of this bill. I'd like to commend you for bringing this bill before the Subcommittee for consideration. Unfortunately, our Ranking Member is not here because of conflict in his commitments this morning, but I know that he supports the bill as well. The fact that our Ranking Member, Mr. Hamilton, is a co-sponsor of this legislation warms my heart, for his wisdom and understanding of this bill should receive the acceptance and endorsement of this Subcommittee and the Full Committee as well.
    With that in mind, Mr. Chairman, I urge my colleagues to adopt this proposed legislation.
    Mr. SMITH. I thank Mr. Faleomavaega for his comments.
    Mr. Hilliard.
    Mr. HILLIARD. Mr. Chairman, I have no comments.
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    Mr. SMITH. Thank you.
    The gentleman from American Samoa, Mr. Faleomavaega, is recognized to offer an motion.
    Mr. FALEOMAVAEGA. Mr. Chairman, I move that the Subcommittee report the bill favorably to the Full Committee.
    Mr. SMITH. Without objection, the motion is agreed to. The question is on the motion from the gentleman from American Samoa. As many as are in favor of the motion say aye.
    As many as are opposed say no.
    The ayes have it, and the motion is agreed to.
    We will now consider H. Con. Res. 185, relative to the 50th anniversary of the Universal Declaration of Human Rights. The Chair lays the resolution before the Committee. The clerk will report the title of the resolution.
    The CLERK. ''Expressing the sense of the Congress on the occasion of the 50th anniversary of the signing of the Universal Declaration of Human Rights and recommitting the United States to the principles expressed in the Universal Declaration.''
    Mr. SMITH. The clerk will read the preamble and the operative language of the resolution for amendment.
    The CLERK. ''Concurrent Resolution expressing the sense of the Congress on the occasion of the 50th anniversary of the signing of the Universal''——
    Mr. SMITH. Without objection, the resolution is considered as having been read and is open to amendment at any point.
    [H. Con. Res. 185 appears in the appendix.]
    Mr. SMITH. The gentleman from American Samoa.
    Mr. FALEOMAVAEGA. Mr. Chairman, I do have an amendment.
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    Mr. SMITH. The clerk will report the amendment.
    The CLERK. ''The amendment is to strike in the preamble the term ''right to privacy,'' and insert ''right against arbitrary interference with privacy, family, home, or correspondence,'' in the third clause of the preamble.''
    [The amendment to H. Con. Res. 185 offered by Mr. Faleomavaega appears in the appendix.]
    Mr. SMITH. I would like to recognize the gentleman from American Samoa to speak to his amendment.
    Mr. FALEOMAVAEGA. Mr. Chairman, the purpose of the amendment is just for clarification purposes and to add more substance to the proposed legislation, and I sincerely hope that my colleagues will accept the amendment.
    Mr. SMITH. I thank the gentleman for the amendment. The wording of the resolution is excellent. This actually improves the resolution and more closely conforms it to the Universal Declaration of Human Rights, and I do thank the gentleman for offering it.
    The question is on the amendment offered by the gentleman from American Samoa. All those in favor say aye.
    Opposed?
    The ayes appear to have it. The ayes have it, and the amendment is agreed to.
    Are there any other amendments to the resolution?
    [No response.]
    If not, Mr. Hilliard, would you like to be recognized to speak to the resolution?
    Mr. HILLIARD. No, Mr. Chairman.
    Mr. SMITH. The gentleman from American Samoa, Mr. Faleomavaega, is recognized to offer a motion.
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    Mr. FALEOMAVAEGA. Mr. Chairman, I move that the Subcommittee approve the proposed legislation as amended to be submitted before the Full Committee for consideration.
    Mr. SMITH. Without objection, the motion is agreed to. The question is on the motion from the gentleman from American Samoa. As many as are in favor say aye.
    As many as are opposed say no.
    The ayes have it. The motion is agreed to.
    We will now consider H.R. 633, a bill to amend the Foreign Service Act of 1980 relative to the annuities of certain Department of State personnel. The Chair lays the bill before the Committee. The clerk will report the title of the bill.
    The CLERK. ''A bill to amend the Foreign Service Act of 1980 to provide that the annuities of certain special agents and security personnel of the Department of State be computed in the same way as applies generally with respect to Federal law enforcement officers, and for other purposes.''
    Mr. SMITH. Without objection, the first reading of the bill is dispensed with. The clerk will read the bill for amendment.
    The CLERK. ''Be it enacted by the Senate and the House of Representatives of the United States of America and Congress assembled.
    ''Section 1.''
    Mr. SMITH. Without objection, the bill is considered as having been read and is open to amendment at any point.
    [H.R. 633 appears in the appendix.]
    Mr. SMITH. The bill was introduced, I say to my colleagues, on February 6, 1997, and referred on February 24 to our Subcommittee, and I have an amendment at the desk in the nature of a substitute, and I would ask the clerk to report the amendment.
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    The CLERK. ''Amendment in the nature of a substitute to H.R. 633 offered by Mr. Smith of New Jersey.
    ''Strike all after the enacting clause''——
    Mr. SMITH. Without objection, the reading will be dispensed with, and I will recognize myself to speak very briefly to the amendment.
    I say to my colleagues on the Subcommittee, the amendment I'm offering reflects minor changes suggested by the State Department, based on its review of the legislation H.R. 633. It is a consensus document drafted in consultation with State, along with my good friend and colleague, Mr. Davis of Virginia, the author of the bill, and with the Democrat and Republican staff members on the Committee, Subcommittee and Full Committee.
    This legislation would amend the Foreign Service Act of 1980 to provide that the annuities of the Diplomatic Security special agents of the Department of State who are participating in the Foreign Service Retirement and Disability System be computed in the same way as applies generally to Federal law enforcement officers. In general, other Federal law enforcement officers who contribute an additional one-half percent of their basic salary to their retirement fund are eligible to receive one-half percent per year served, up to 20 years, or 10 percent increase in their annuity.
    The bill would ensure that DS special agents would also receive this option which is available to their civil service law enforcement colleagues in DS and throughout the Federal Government.
    Although this legislation will affect a relatively small number of people, around 200 DS agents, the State Department believes that it will resolve important equity and morale concerns at the Bureau for Diplomatic Security. This is an equity amendment, and I do hope my colleagues will support it.
    Would anyone else like to be heard? Mr. Faleomavaega.
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    Mr. FALEOMAVAEGA. Mr. Chairman, I want to thank you for bringing this bill, H.R. 633, before the Subcommittee for consideration. I do not have an amendment at this time, Mr. Chairman, but I do hope, and I will work closely with your office and Committee staff—I do have some additional concerns about the whole Foreign Service Act for consideration.
    Mr. Chairman, I've been on this Committee, a Member of this Committee, now for 10 years. Still, I am not satisfied with the Administration's responses that have been made earnestly in the previous years for the lack of minority involvement or activities and membership in the Foreign Service. Now I realize that there is a clique going on there just with the Ivy League schools, and perhaps just a total lack of any real substantive efforts on the part of the bureaucrats in the State Department of actually getting more minorities involved with the Foreign Service.
    I'm not going to offer an amendment with regard to this concern that I've expressed for the past 10 years, Mr. Chairman, but I will be working closely with your office between now and before we come before the Full Committee for additional amendments to this bill.
    I want to express that real serious concern. There's been total lack of any sense of cooperation or any real serious effort on the part of the State Department to open the doors a little more widely to allow more minorities to be involved in the Foreign Service, and I just want to note that for the record, Mr. Chairman, but I will support this proposed bill, pending my further meetings with your office and with the members of your staff before we come before the Full Committee.
    So I want to thank you, Mr. Chairman, for allowing me to express my opinion about this bill. Thank you, Mr. Chairman.
    Mr. SMITH. I thank my friend.
    Mr. Hilliard.
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    Mr. HILLIARD. Thank you very much, Mr. Chairman. Of course, Mr. Chairman, I wish to associate myself with the remarks of the gentleman from American Samoa. We have considered this problem in various forms before, and if I recall, we had about a million dollars, $500,000 for one category, $500,000 for another category, for training minorities by the State Department. Of course, everyone on the Committee realized what happened to their appropriation, and we've got a long ways to go in this country, and we've got to show diversity on all fronts. We have failed to achieve that in the State Department.
    I do not like the composition of the State Department. I find it extremely difficult to work with them under those circumstances, and some changes have to be made. I'm not talking about too far in the future. I'm speaking of changes that must be instituted and to begin in the next Congress, and I suggest that they start making preparation to make changes now at the end of this Congress.
    Thank you very much, Mr. Chairman.
    Mr. SMITH. Thank you, Mr. Hilliard.
    The gentleman from American Samoa, Mr. Faleomavaega, is recognized to offer a motion.
    Mr. FALEOMAVAEGA. Mr. Chairman, I move that we approve the proposed bill, H.R. 633, for the Full Committee for consideration.
    Mr. SMITH. Without objection, the motion is agreed to. The question is on the motion of the gentleman from American Samoa. As many as are in favor of the motion say aye.
    As many as are opposed say no.
    The ayes appear to have it. The ayes have it, and the motion is agreed to.
    We will now consider H.R. 4309, the Torture Victims Relief Act of 1998. The Chair lays the bill before the Committee, and the clerk will report the title of the bill.
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    The CLERK. ''H.R. 4309, a bill to provide a comprehensive program of support for victims of torture.''
    Mr. SMITH. Without objection, the first reading of the bill is dispensed with. The clerk will read the bill for amendment.
    The CLERK. ''Be it enacted by the Senate and House of Representatives of the United States of America and Congress assembled.
    ''Section 1. Short Title. This act may be cited as the Torture Victims Relief Act of 1998.''
    Mr. SMITH. Without objection, the bill is considered as having been read and is open to amendment at any point.
    [H.R. 4309 appears in the appendix.]
    Mr. SMITH. This bill was introduced on July 22, 1998, and was referred to the Subcommittee on International Operations and Human Rights.
    I would like to recognize myself. I do have an amendment at the desk, and the clerk will read the amendment.
    The CLERK. ''Amendment to H.R. 4309 offered by Mr. Smith of New Jersey.
    ''On page 8, lines 5 and 6, delete 'consular personnel' and insert 'Foreign Service officers.'
    ''On page 8, line''——
    Mr. SMITH. Without objection, any further reading of the amendment is dispensed with.
    [The amendment to H.R. 4309 appears in the appendix.]
    Mr. SMITH. I'd like to recognize myself to very briefly explain the legislation pending.
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    On Wednesday, I introduced this legislation, along with 15 bipartisan co-sponsors, including my friend and colleague, Mr. Lantos. It is known as the Torture Victims Relief Act of 1998.
    In 1996, our Subcommittee held a hearing on an earlier version of the Torture Victims Relief Act. We heard testimony on the continued and widespread persistence of torture in the world today and what steps the United States and other free and civilized nations can do about it.
    Three of our witnesses at the hearing were themselves victims of torture: one, a native of Uganda who suffered at the hands of Idi Amin; a Tibetan physician who was tortured by the Chinese communists; and an American who became a torture victim in Saudi Arabia after he had a falling-out with his employer, the Saudi Government.
    The Torture Victims Relief Act contains a number of important provisions designed to assist torture victims. It authorizes grants for rehab services for victims of torture and related purposes in both foreign and domestic treatment centers.
    It also authorizes voluntary contributions from the United States to the U.N. Voluntary Fund for Victims of Torture in the amount of $3 million for Fiscal Year 1999 and $3 million for Fiscal Year 2000.
    I'm proud to say that our efforts have already had an effect on U.S. contributions to the Voluntary Fund. The U.S. contribution to this fund in Fiscal Year 1995 was a mere $1.5 million. At the time of H.R. 1416, when we introduced it last year, the Administration had proposed to cut the Fiscal Year 1996 contribution by two-thirds to $500,000. Eventually, in response to efforts by supporters of the Torture Victims Relief Act, the Administration restored the full $1.5 million in 1996 and contributed the same amount to the fund in 1997 and 1998. This legislation will double the contribution.
    The bill also provides specialized training for consular officers in the identification of evidence of torture, techniques for interviewing torture victims, and related subjects.
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    Finally, the bill contains an expression of the sense of Congress that the United States shall use its voice at the United Nations to support the investigation and elimination of the practices prohibited by the Convention against torture.
    I would ask Mr. Faleomavaega if he has any comments on the bill.
    Mr. FALEOMAVAEGA. Mr. Chairman, I recall distinctly that we did hold a hearing together concerning this very issue in the past, and I would like to ask unanimous consent that my name be included to be a member of the co-sponsors of this proposed legislation.
    I wanted, just for clarification purposes, Mr. Chairman, I just wanted to know that the $5 million that we're authorizing for this proposed bill comes out of the Foreign Assistance Act? Is it part of the donation that we make to the United Nations?
    Mr. SMITH. It would be.
    Mr. FALEOMAVAEGA. OK.
    Mr. SMITH. Not to the United Nations. It would be under international organizations.
    Mr. FALEOMAVAEGA. In this provision of the proposed bill, does this include foreign nationals or is it just to American citizens who are tortured?
    Mr. SMITH. It would include foreign nationals, yes.
    Mr. FALEOMAVAEGA. But this is all part of the funding that we'll provide to the United Nations for them to——
    Mr. SMITH. No, the foreign assistance part, but the other part is actually to help those treatment centers and to try to mitigate some of the suffering of those who have already suffered from torture.
    Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. I have no further questions.
    Mr. SMITH. Mr. Hilliard.
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    Mr. HILLIARD. Yes. Mr. Chairman, those aliens, are they living in the United States or are payments made to them wherever they may be, wherever they live?
    Mr. SMITH. To answer the gentleman, this is for the treatment centers. It's not unlike what we do with Vietnam veterans with readjustment counseling and trying to treat those with post-traumatic stress syndrome. There are a number of means available. There has been a great deal of study, but still not enough, on how to treat those who have suffered at the hands of their captors. This legislation provides money for treatment at those treatment centers. This is not a payment to people who have been victimized.
    Mr. HILLIARD. OK, and those treatment centers are located in the United States?
    Mr. SMITH. Yes. Some are abroad, but some are in the United States.
    Mr. FALEOMAVAEGA. Will the gentleman yield?
    Mr. HILLIARD. Yes.
    Mr. FALEOMAVAEGA. I just wanted to note, for purposes of clarification, Mr. Chairman, that we are not going to have every Tom, Dick, and Harry who claims to be tortured to come into the centers to be receiving treatment. There will be a procedure to follow.
    Mr. SMITH. There already is a procedure underway. We're not breaking new ground in establishing torture treatment centers. We're trying to expand and encourage additional outreach to those who have been victimized by torture.
    Mr. FALEOMAVAEGA. Thank you, Mr. Chairman.
    Mr. SMITH. The pending business is the amendment that I've offered. Let me just point out, for the record, that the amendment was suggested by the State Department, to point out that all Foreign Service officers, not just consular officers, should be trained to recognize and deal compassionately with those who have suffered torture.
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    Mr. FALEOMAVAEGA. Mr. Chairman, I move that we adopt the amendment as proposed. All those in favor of the amendment say aye.
    All those opposed say no.
    The ayes appear to have it. The ayes do have it.
    Are there any other amendments or Members seeking recognition on the pending legislation?
    [No response.]
    If not, the gentleman from American Samoa, Mr. Faleomavaega, is recognized to offer his motion.
    Mr. FALEOMAVAEGA. Mr. Chairman, I move that we adopt the proposed bill as amended and that it be considered to the Full Committee for consideration.
    Mr. SMITH. Without objection, the motion is agreed to. The question is on the motion of the gentleman from American Samoa. As many as are in favor of the motion say aye.
    As many as are opposed say no.
    The ayes have it, and the motion is agreed to.
    That concludes our markup. We do have a pending vote on the floor, and I say I apologize to our two distinguished witnesses. We will return immediately. It will take about 5 to 8 minutes, and then we will commence the Indonesia hearing. I do hope my colleagues will come back for that.
    Mr. FALEOMAVAEGA. I have every intention of returning for the Indonesia hearing, Mr. Chairman.
    Mr. SMITH. Thank you. We'll take a brief recess.
    [Whereupon, at 10:26 a.m., the Subcommittee recessed to proceed to other business following the recess.]
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A P P E N D I X

    Insert "The Official Committee record contains additional material here."