Sept. 30, 1978-S. 682: Senate agreed to the House amendment with an amendment in the nature of a substitute. Oct. 3, 1978-House agreed to the Senate amendment to the House amendment by voice vote. Oct. 17, 1978-Approved. Public Law 95-474. 9. Diplomatic Relations Act-H.R. 7819 (by Mr. Fascell, for himself and Representatives Diggs, Buchanan, Fisher, Wolff, Ryan, Meyner, and Solarz) On May 17 and June 2, 1977, the Subcommittee on International Operations held hearings on three bills relating to diplomatic privileges and immunities. These included H.R. 1484, H.R. 1536, and H.R. 3841. On June 9 and 16, the subcommittee held open markup sessions on draft legislation incorporating elements of the bills and suggestions made during the hearings. The subcommittee ordered the draft legislation favorably reported to the full committee on June 16. On the same day, a clean bill was introduced as H.R. 7819. The full committee held an open markup session on H.R. 7819 on July 21, and by voice vote ordered the bill favorably reported without amendment. In 1790 Congress passed a statute (22 U.S.C. 252-254) barring suits against members of the diplomatic community and imposing penalties for suits instituted in violation of the statute. The courts and the executive branch over the years have interpreted the 1790 statute to accord absolute immunity from criminal, civil, and administrative jurisdiction to all foreign nations, not permanent residents, and those assigned the proper nonimmigrant visa status, in the employ of an embassy. The principal purpose of H.R. 7819 was to complement the 1961 Vienna Convention on Diplomatic Relations, which entered into force in the United States in 1972. The Convention established categories of diplomatic personnel with specified immunities. To that end, the bill repeals statute 22 U.S.C. 252-254 which conflicts with the provisions of the Vienna Convention. In addition, the legislation applied the provisions of the Convention to countries which have not yet ratified the Convention. The bill further required that the diplomatic community possess liability insurance relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft. On July 27, 1977, H.R. 7819 passed the House floor by voice vote. The measure was referred to the Senate Committee on Foreign Relations on July 29, 1977, and was considered in open markup session, amended, and ordered favorably reported on June 21, 1978. On June 28, the bill was referred to the Senate Committee on the Judiciary until not later than August 28, 1978. Senate Judiciary Committee considered H.R. 7819 on August 9, and ordered it favorably reported as amended. The Senate amendments were primarily technical however, two amendments were important. While this bill required that the diplomatic community take out liability insurance, one Senate amendment further provided that direct actions might be taken against the insurers with regard to actions arising under those contracts. A second amendment included certain high United Nations officials in the direct action. provision. On August 17, 1978, H.R. 7819 passed the Senate with committee. amendments by voice vote. The House agreed to the Senate amend ments by a vote of 397 yeas to 7 nays under suspension of the rules on September 18, 1978. H.R. 7819 was signed into law on September 30, 1978 becoming Public Law 95-393. Legislative history June 9, 16, 1977-Draft legislation, incorporating provisions of H.R. July 27, 1977-Passed House by voice vote. July 29, 1977-Referred to Senate Committee on Foreign Relations. June 26, 1978-Reported with amendments. Senate Report 95-958. Aug. 9, 1978-Considered in open markup session by Senate Committee Aug. 11, 1978-Reported by Senate Judiciary Committee, with amendments. Senate Report 95-1108. Aug. 17, 1978-Passed Senate with committee amendments, by voice Sept. 18, 1978-House agreed to the Senate amendments by a vote of 10. Overseas Private Investment Corporation Amendments Act of 1977-H.R. 9179 (by Mr. Bingham, for himself and Representatives Whalen, Cavanaugh, Ireland, and Solarz) On June 17, 1977, the Speaker of the House referred to the Committee on International Relations Executive Communication 1721 which contained the executive branch recommendations with respect to OPIC authorization and programs. On the same day, the communication was referred by the committee to the Subcommittee on International Economic Policy and Trade; and the draft bill was introduced by Hon. Jonathan B. Bingham, chairman of the subcommittee, as H.R. 7854. The subcommittee held hearings on June 21, 23, July 19, 20, 21, and September 8, and two markup sessions on September 12 and 16 on H.R. 7854 and H.R. 3603, a related bill. In order to assemble broader information on the issue of bribery of foreign officials with respect to OPIC the subcommittee held a separate hearing on September 7 on corporate business practices and U.S. foreign policy. On September 16 the subcommittee reported a clean bill, which was introduced on September 19 as H.R. 9179 and referred to the Committee on International Relations. The full committee met on September 27, and by voice vote ordered H.R. 9179 reported favorably with two technical committee amendments. The Overseas Private Investment Corporation (OPIC) was created by the Congress in 1969 to administer the political risk insurance and loan guaranty programs which were being operated by the Agency for International Development. The insurance program began as part of the Marshall plan and was designed to attract U.S. investment into Western Europe in order to assist the reconstruction process. With the successful rebuilding of the Western European economies, the program was terminated for those countries in 1959. Before that date, however, the attention of the U.S. Government was drawn to problems of economic development in the less developed countries. It was evident that foreign private investment would play a role in the development process. Therefore, to encourage private participation in this process, the program of political risk insurance was extended to cover investments in the developing nations in 1953. Since then the objective of the investment insurance program has been "*** to mobilize and facilitate the participation of U.S. private capital and skills in the economic and social development of less developed friendly countries and areas, thereby complementing the development assistance objectives of the United States ***" The primary purpose of H.R. 9179 was to extend through September 30, 1980, the basic authority of the Overseas Private Investment Corporation to conduct its programs. (The authorization legislation expired on December 31, 1977.) The bill contained no authorization for appropriation of funds or borrowing authority, since OPIC operates on a self-sustaining basis. Other major provisions of the bill included: (1) Strengthening and making more specific OPIC's current statutory purposes of "complementing the development assistance objectives of the United States". (2) Prohibiting OPIC from paying any claim of an investor found responsible by a U.S. Government agency (other than OPIC) for bribing a foreign official with respect to the project on which such claim was made. (3) Eliminating OPIC direct underwriting with private insurance companies. (4) Enabling OPIC to make loans and provide survey assistance to U.S. investors for mineral extraction projects (except oil and gas) in developing countries. H.R. 9179 was considered on the House floor on November 2, and 3, 1977. Prior to this date, on October 25, a Senate companion bill, S. 1771 was agreed to on the Senate floor by a vote of 69 to 12. The House considered various amendments to H.R. 9179; however, because of the press of business at the end of the session no agreement could be reached concerning the measure during the first session. The bill was considered further by the Committee on International Relations on January 24, and 27, 1978. H.R. 9179 passed the House, as amended, by a vote of 191 yeas to 165 nays on February 23, 1978. On March 6, 1978, the bill passed the Senate by voice vote, after being amended to contain the language of the Senate companion bill, S. 1771, as passed by the Senate on October 25, 1977. The same day, the Senate insisted on its amendment and requested a conference with the House; appointing as conferees: Senators Sparkman, Church, Clark, Biden, Case, Javits, and Percy. The House disagreed to the Senate amendment on March 8, and agreed to a conference and appointed as conferees: Representatives Zablocki, Fountain, Fascell, Bingham, Ryan, Solarz, Cavanaugh, Broomfield, Findley, and Whalen. The conferees met on March 22 and agreed to file a conference report. The conference report was agreed to by the Senate by voice 2 Sec. 231, Foreign Assistance Act of 1961. vote on April 4, 1978, and by the House on April 11, 1978 by a vote of 216 yeas to 185 nays. H.R. 9179 became Public Law 95-268 on April 24, 1978 upon signature by the President. Legislative history Feb. 24, 1977-H.R. 3603 referred to Subcommittee on International June 20, 1977-H.R. 7854 referred to Subcommittee on International Eco- June 21, 23; July 19, 20, 21; Sept. 8, 1977-H.R. 3603 and H.R. 7854 considered in open session by subcommittee. Sept. 12, 16, 1977-H.R. 3603 and H.R. 7854 considered in open markup session by subcommittee, amended, and clean bill ordered introduced for full committee action. Sept. 27, 1977-H.R. 9179 considered in open markup session by full committee, amended (technical amendments), and ordered favorably reported by voice vote. Oct. 3, 1977-Rule requested. Oct. 7, 1977-Reported with amendments. House Report 95-670. Nov. 2, 3, 1977-Considered in House and amended. Jan. 24. 27, 1978-Considered further in open session by full committee. Feb. 8, 1978-Four amendments to be offered by Congressman Bingham Mar. 1, 1978-S. 1771, a similar-passed Senate measure was brought Mar. 22, 1978-Conferees met and agreed to file conference report. Apr. 6, 1978-Senate agreed to conference report by voice vote. Apr. 11, 1978-House agreed to conference report by a vote of 216 yeas to 185 nays. Apr. 24, 1978-Approved. Public Law 95-268. 11. Nuclear Non-Proliferation Act-H.R. 8638 (by Mr. Bingham, for himself and Representatives Zablocki, Findley, Whalen, Studds, Fowler, Cavanaugh, Beilenson, and Winn) H.R. 8638 was designed to provide a framework for the implementation of more consistent and more uniform nuclear antiproliferation policies. The bill recognized the desirability of continued international commerce in nuclear technology, but sought to restrain the use of those technologies which enable nations to come within days of a nuclear weapons capability without, in the process, violating the letter of existing peaceful use agreements. This legislation is constructed so as to attract rather than coerce the adherence of other countries to our antiproliferation aims. Thus the bill blends unilateral initiative and multilateral cooperation, in centives and disincentives, into a rational and comprehensive antiproliferation policy. Specifically, the legislation: (1) Clarified and formalized U.S. antiproliferation policy; (2) specified a series of international cooperative ventures in both the nuclear energy and antiproliferation fields; (3) reaffirmed the U.S. commitment to the IAEA and elaborated various policy goals for improving the effectiveness of that agency; (4) called for initiatives designed to assure other nations of a reliable supply of low enriched reactor fuel; (5) prescribed new, more consistent, and more effective criteria for: (a) U.S. agreements for cooperation and (b) export licensing determination, foremost among these being strengthened controls over reprocessing and retransfer, more explicit peaceful use guarantees, and a requirement for comprehensive IAEA safeguards in all recipient states; (6) prescribed new procedures for export licensing and interagency review; (7) set forth a critical new standard to govern decisions on the reprocessing of spent, U.S.-supplied, nuclear fuel, and finally, (8) established various reporting requirements necessary for effective and continuing congressional oversight of antiproliferation matters. Legislative history July 27, 1977-Markup of draft legislation, incorporating provisions of Aug. 1, 1977-H.R. 8638 considered in open markup session by full Aug. 2, 1977-Considered in open markup session by full committee, and ordered favorably reported by voice vote. Aug. 2, 1977-Rule requested. Aug. 5, 1977-Reported. House Report 95-587. Sept. 14, 20, 1977-Hearings on request for rule. Rule granted. H. Res. 767. House Report 95-613. Sept. 21, 1977-Rule passed House by a vote of 388 yeas. Sept. 22, 1977-General debate in House. Sept. 28, 1977-Passed House, amended, by a unanimous vote of 411 yeas. Sept. 29, 1977-Referred to Senate Committee on Foreign Relations. Feb. 6, 1978-Senate Committee on Foreign Relations discharged from further consideration by unanimous consent. Feb. 7, 1978-Passed Senate by a vote of 88 yeas to 3 nays, after being amended to contain the language of the Senate companion measure, S. 897. Senate insisted on its amendment, requested conference with the House, and appointed as conferees: Senators Sparkman, Pell, Church, Ribicoff, Glenn, Muskie, Jackson, Case, Javits, Percy, Mathias, and McClure. Feb. 9, 1978-House agreed to Senate amendment by unanimous consent. Feb. 23, 1978-House agreed to H. Con. Res. 486, making technical corrections in the enrollment of H.R. 8638. Feb. 27, 1978-Senate agreed to H. Con. Res. 486, authorizing corrections in enrollment of H.R. 8638. Mar. 10, 1978-Approved. Public Law 95-242. 12. To Authorize Appropriations to the Energy Research and Development Administration-S. 1811 (by Senator Jackson) The Committee on International Relations requested and received sequential referral over the ERDA authorization in order to evaluate the international programs of that agency and to review the antiproliferation implications of the various advanced nuclear alternatives |