E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, JULY 16, 1997 No. 101 Senate The Senate met at 10 a.m., and was therefore, expect rollcall votes Mr. BAUCUS. Mr. President, I ask called to order by the President pro throughout the day. unanimous consent that the order for tempore [Mr. THURMOND]. As a reminder, under the consent the quorum call be rescinded. agreement reached last night, a vote The PRESIDING OFFICER. Without PRAYER will occur on final passage of S. 1004, objection, it is so ordered. The Chaplain, Dr. Lloyd John the energy and water appropriations Mr. BAUCUS. Mr. President, may I Ogilvie, offered the following prayer: bill, immediately following the first ask whether we are in morning busi- vote relative to the foreign operations ness. ‘‘Oh, to grace how great a debtor The PRESIDING OFFICER. We are in ‘‘Daily I’m constrained to be bill. It is hoped the Senate will be able ‘‘Let Thy goodness, like a fetter to complete action on the foreign oper- morning business. ‘‘Bind my wandering heart to Thee.’’ ations bill during today’s session of the f —Hymn by Robert Robertson. Senate. DESTRUCTION OF THE EYE OF Merciful God, we are debtors to Your It is also the intention of the major- THE NEEDLE ARCH ity leader to begin consideration of the grace. We want to live our whole lives Mr. BAUCUS. Mr. President, I rise in grateful response to Your goodness. legislative appropriations bill this today to express my outrage over an May Your goodness bind our hearts to week, as well as complete action on the incident that occurred in my home You. There is no limit to what we are nomination of Joel Klein under the re- State last May. Over the Memorial Day able to accomplish when love is our maining 3-hour time agreement. weekend, vandals on the Missouri motivation. Help us to live this entire I thank my colleagues for their at- River destroyed the Eye of the Needle day as an expression of our love to tention. Arch, as well as several other stone You, for all the grace You have lav- f pinnacles nearby. ished upon us. Rather than living by RESERVATION OF LEADER TIME Lewis and Clark, camping in the tra- obligation or oughts, may we do our ditional homeland of the Blackfeet In- work today as our way of telling You The PRESIDING OFFICER (Mr. dian Tribe, first noted these structures how much we love You. We are so SMITH of Oregon). Under the previous in their historic journal which, I might thankful for Your care, for the privi- order, the leadership time is reserved. add, is replete with misspellings: lege of living in this free land, for our f ‘‘Seens [sic] of visionary inchantment families and friends and for the oppor- MORNING BUSINESS [sic]’’ and ‘‘eligant [sic] ranges of lofty tunity to serve You in the formulation freestone buildings,’’ describing the of public policy for the welfare and The PRESIDING OFFICER. Under Eye of the Needle Arch along the Mis- prosperity of all people. Our goal is to the previous order, there will now be a souri River. enjoy this day to the fullest. Through period for the transaction of morning Former Montana Senator Lee our Lord and Saviour. Amen. business for not to extend beyond the Metcalf had the foresight to designate f hour of 11 a.m., with Senators per- that stretch of the Missouri as ‘‘wild mitted to speak for not to exceed 5 and scenic,’’ thus ensuring that genera- RECOGNITION OF THE ACTING minutes each. tions of Montanans would marvel at MAJORITY LEADER The Senators from Nebraska and these wonders. The PRESIDENT pro tempore. The Georgia are recognized for 20 minutes. But what took Mother Nature mil- able acting majority leader is recog- The Senator from Nebraska is recog- lions of years to painstakingly carve nized. nized. out was destroyed probably in a matter f Mr. HAGEL. I thank the Chair. of hours. The actions of the vandals (The remarks of Mr. HAGEL and Mr. have been decried in both local and na- SCHEDULE CLELAND pertaining to the introduction tional newspapers, and the people of Mr. HAGEL. Mr. President, on behalf of S. 1021 are located in today’s RECORD Montana have been united in their con- of the majority leader, today the Sen- under ‘‘Statements on Introduced Bills demnation of the acts. People have do- ate will be in a period of morning busi- and Joint Resolutions.’’) nated over $10,000 in reward money for ness until the hour of 11 a.m. By pre- Mr. HAGEL. Mr. President, I suggest information leading to the arrests of vious consent, at 11 a.m., the Senate the absence of a quorum. the individuals responsible. I rise today will begin consideration of S. 955, the The PRESIDING OFFICER. The to add my voice to those who cry out foreign operations appropriations bill. clerk will call the roll. for the loss of a true Montana treasure. Amendments are expected to that ap- The legislative clerk proceeded to My motivations for speaking on this propriations bill, and Senators can, call the roll. subject are personal. To me, the Eye of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7511 S7512 CONGRESSIONAL RECORD — SENATE July 16, 1997 the Needle was a symbol of what makes ernment, that it was bipartisan in its Arkansas, Susan McDougal lived under Montana the ‘‘Last Best Place.’’ Its im- goals and primarily designed to influ- the following conditions. She did not probable existence was a miracle of ence the Congress of the United States see the light of day for 3 months. She creation and a testimony to Montana’s and not exclusively the Presidential was jailed in a unit that was con- rugged spirit. candidates in 1996, and that it also at structed for 10 people but in reality I plan to float the Missouri this this moment remains unclear whether usually held more than 20. As indicated weekend. I will see firsthand what has or not to what extent it might have by these photographs, she was usually become of this treasure. In many ways, succeeded in either influencing the shackled both by hands and feet when- I am not looking forward to the experi- elections or more importantly the poli- ever she went to court or to the doctor ence. cies of the United States Government. or to the dentist. This was not cus- To know that this landmark was de- These have been contentious issues tomary practice. Indeed, no other pris- stroyed by human hands gives me that divided the committee until this oner in that facility was shackled by pause to think on the absolute sense- day. hands and feet in this manner virtually lessness of the act. Tearing down a I am very pleased, based on state- at any time, no less when receiving marvel of nature is not a statement of ments made by both Democratic and medical treatment. defiance, not a statement of courage, Republicans members of the commit- When in transport, marshals were or even machismo. No, it is simply an tee, that I believe our investigation under instructions not to remove her act of raw brutality, an act of utter now proceeds with a common percep- shackles at any time including when stupidity. tion of these facts. I believe that is she required to urinate. She was al- In every cloud, there is a silver lin- critical for the committee doing its lowed one visit per week, and only through glass. She was forbidden any ing, and though it is not easy to see in work and in eventually uncovering family or friendly contact through visi- this case, there is a positive lesson to whether and to what extent this for- tation. She was denied potable water. learn from this incident. In an ironic eign involvement violated our laws. She could only drink from a rusty way, we have gained a deeper apprecia- f shower or a sink attached to a toilet. tion for the wonders that surround us. She was allowed no reading materials They are precious; they are fragile. JUSTICE except for the Bible, of which I am sure Perhaps this incident will remind us to Mr. TORRICELLI. Mr. President, on she would have been grateful except protect the things that are near and a separate second issue I want to ad- she was forbidden to have any reading dear to our hearts. For all our sakes, I dress this morning the larger context glasses, even when she offered to buy hope this is the lesson we learn. of the continuing downward spiral in the national political dialogue, and them with her own funds. Mr. President, I yield the floor and After a brief stint at the Carswell specifically how it addresses the case suggest the absence of a quorum. Federal Medical Center in Fort Worth, of a single American. We have trag- The PRESIDING OFFICER. The where she was placed in a work camp ically in our time witnessed this dete- clerk will call the roll. with other women, many of whom were rioration in the public dialogue. We are The legislative clerk proceeded to serving 30 and 40 years on narcotics now witnessing how its venom can in- call the roll. charges, she was transferred to Califor- Mr. TORRICELLI. Mr. President, I fluence the life of a single citizen. I am nia. There in Los Angeles at the Sybil ask unanimous consent that the order addressing, of course, the Whitewater Brand Institute for Women, she was for the quorum call be rescinded. investigation and the actions of inde- placed in isolation with one tiny slit in The PRESIDING OFFICER. Without pendent prosecutor Kenneth Starr. a door, the windows covered with Mr. President, I claim no expertise in objection, it is so ordered. barbed wire, with a single peephole f the question of the Whitewater inves- where she could see the light of day. tigation. Indeed, it is not the focus of She was denied any reading material INVESTIGATION OF THE 1996 my remarks this morning. And I hold FEDERAL ELECTIONS and was denied a chance to even meet no brief for either President Clinton or with the prison chaplain. Mr. TORRICELLI. Mr. President, I the First Lady as I address this issue. She was later moved to complete iso- rise today to address two of the current Indeed, the injustice of which I speak lation from all other prisoners and was investigations that are taking place does not involve anyone in the Presi- allowed out of her cell for 2 hours per within the Federal Government on this dent’s family, but rather a simple 42- day. So for 22 hours a day she was in day. They are very different and they year-old woman named Susan complete isolation, no contact with involve different branches of the Gov- McDougal. anyone, no ability to see the light of ernment but are important to this Since September 9, 1996, Susan day, with a single window covered with country and many of our citizens. McDougal has been imprisoned for re- barbed wire, nothing to read, no one to Mr. President, I will address first as fusing to testify to an Arkansas grand talk to, not even counseling from a a member of the Governmental Affairs jury convened by the independent pros- minister. Committee what I think is potentially ecutor Kenneth Starr. And indeed, During the evening hours, she is an important new beginning in our in- under the law a witness who refuses to awakened every 20 minutes by a flash- vestigation of the problems of the fi- cooperate and testify before a grand light that is placed in her eyes. She is nancing of the 1996 elections. jury may be held for a civil contempt served breakfast at 4:30 in the morning Members of the committee have for of up to 18 months. In this instance where she eats alone in a 5-foot cell. If some time had different perceptions therefore the independent prosecutor she should leave her cell, she is hand- about the most serious allegations in- initially acted within the law and prob- cuffed behind her back and is forced to volved in that investigation. This, of ably appropriately. But that is where wear prison uniforms that are colored course, involves the question of wheth- the problem begins. Because according red, which is the color to indicate a er or not there was an attempt by a to the legislative history of the stat- murderer or an informant. She is rou- foreign government, principally the ute, and indeed under the case law, the tinely body searched and forced to Government of China, to influence our purpose of civil contempt and impris- strip naked for prison officials. She is Federal elections in 1996. onment ‘‘is to secure testimony escorted by a guard wherever she goes, I believe that there is now a common through a sanction, not to punish the including to the infirmary or the li- understanding that while all sides pre- witness by imprisonment.’’ brary. viously acknowledged that there was But according to briefings filed with And finally, every time she uses the probably such an attempt and regarded the court, the prison conditions that shower or on those occasions when she it seriously, there were differences Susan McDougal has endured up to this is allowed access to a telephone, every about certain aspects of the allega- point sound more appropriate for a other prisoner is forced to be locked tions. hardened violent criminal than a per- into their cells, which has heightened I think the new common understand- son jailed for civil contempt. animosity toward her personally and ing is that while there was clearly such In fact, while serving 3 months in the led to dangerous, unlivable cir- an attempt made by the Chinese Gov- Faulkner County Detention Center in cumstances. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7513 Mr. President, I do not know Susan time for the Federal judiciary to inter- Well, commitment or contribution, McDougal, and I confess I do not know vene to bring justice and to change the this is the kind of chicken-and-pig a great deal about the Whitewater circumstances of Susan McDougal’s issue on who gets what in the Tax case. In many respects I rose today on life. Code, who contributes what taxes in the Senate floor to speak to neither, I yield the floor. this country. but to talk about justice. This is a bar- Mr. DORGAN. Mr. President, I sug- I want to talk just for a moment baric set of circumstances that are in- gest the absence of a quorum. today about this commitment or con- defensible and give rise to the question The PRESIDING OFFICER. The tribution issue, and when it comes of whether or not Mr. Starr’s investiga- clerk will call the roll. time to providing tax relief, then who tion is being led by someone who seeks The legislative clerk proceeded to gets some help. There is a discussion in justice or is driven on the personal de- call the roll. this Congress that occurs almost every struction of individuals to vindicate Mr. DORGAN. Mr. President, I ask year around something called tax free- himself and his own investigation. unanimous consent that the order for dom day. The Tax Foundation, in fact, Mrs. McDougal is not imprisoned for the quorum call be rescinded. puts out a little publication. This year murder or robbery or any violent of- The PRESIDING OFFICER. Without it was May 9, I believe, and it says tax fense. She has faced no jury and is con- objection, it is so ordered. freedom day is May 9. We have some- victed of nothing. But for almost a Under the previous order, the Sen- one dutifully coming to the floor, and year, she has been held on civil con- ator is recognized for 20 minutes. they hold it up and say, ‘‘Here is the tempt. Mr. DORGAN. Mr. President, I ask day in which we are free. Up until this The Federal courts have ruled on a unanimous consent that morning busi- day, all of the things we earn have to variety of circumstances, including in ness be extended to accommodate 20 go to pay taxes, and beyond this day we 1983 in the Sanchez case, and in 1984 in minutes. are free.’’ the Simkin v. United States case that The PRESIDING OFFICER. Without It has always been curious to me that a court is obligated to release an indi- objection, it is so ordered. the amount of money I pay for my chil- vidual if it becomes clear that she will f dren to go to school is somehow consid- ered a burden. It is not to me. I con- not testify after continued confine- WHO GETS THE BENEFIT OF A sider it an opportunity to put my kids ment. TAX CUT? Indeed, in case after case throughout in a good public school system, and the the history of this country judges have Mr. DORGAN. Mr. President, I want taxes I pay to help that public school released individuals who have refused to talk today about a debate that is system is not a burden to me. But some to testify after 6 or 8 months of impris- going on in a conference committee on people feel every dollar they pay is an onment. who gets what portion of the tax cut enormous burden and a waste. They Susan McDougal has now been im- that is now proposed by the Congress. say, ‘‘Here is tax freedom day, May 9, prisoned for 10 months. There is no in- It is, I suppose, a debate that one this year.’’ When they talk about tax dication that it will end soon. And it would expect if the Congress decides freedom day, the same people that clearly is not going to result in her giv- there shall be a tax cut, and the Con- come to the floor and do that say tax ing credible testimony. gress has decided that taxes shall be re- freedom day is the accumulation of Indeed, it was argued before a Fed- duced in some measure for the Amer- taxes that people have to pay, includ- eral judge 2 weeks ago that not only is ican people. ing income taxes and payroll taxes. Susan McDougal’s incarceration inhu- The obvious question is, for whom And, incidentally, payroll taxes are a mane, it is counterproductive. and for how much? Who gets the bene- big chunk of the taxes people have to If Susan McDougal were released fit of the tax cut? pay in this country. When they talk from these extraordinary barbaric cir- We had a generous discussion on the about tax freedom day, they include cumstances tomorrow, her testimony floor of the Senate with an enormous payroll taxes. in the Whitewater case would be of ab- amount of data and charts, with each When they talk about who gets what solutely no value. Her testimony would side demonstrating that it is right and in terms of tax cuts, guess what hap- have no credibility. It clearly would the other side is wrong, and each side pens? The Congress then says we are have been coerced. No grand jury, no using economists and all of the re- only going to measure income taxes. judge, and no jury would give it any search groups that say this side is We are only going to measure the in- validity. right, that side is wrong, or that side is come taxes you pay, and that is the Her testimony is now useless. Any in- right, this side is wrong. I suspect peo- basis on which you get a tax cut. So dividual held in solitary confinement ple watching this do not have the fog- you have a situation in this country with no privacy, with no ability to con- giest understanding of how you manu- where over two-thirds of the American sult with family or friends, denied ac- facture all these numbers. It is like people now pay a higher payroll tax cess to a chaplain, shackled hand and making sausage, I assume—somebody than they pay in income tax. Two- foot, subjected to body searches, awak- over there, huddled over a bowl, is thirds of the American people pay ened during the night every 20 minutes, throwing all kinds of things in a bowl, higher payroll taxes than income in some circumstances by a flashlight and they grind it out and say, ‘‘Here’s taxes. Payroll taxes have grown, and in her eyes, could not possibly at this our sausage.’’ rather substantially. point be giving voluntary testimony I come from a farm State, so I sup- So when it comes time to give a tax that would be usable in a court of law. pose I talk a lot about agriculture. I cut, we are told that the tax cut shall Mr. President, Kenneth Starr should was thinking about an old story that a go to people based on the income taxes pursue the facts. If they produce fur- fellow in my hometown told me years they pay, and if you don’t pay substan- ther evidence that allows a case to pro- ago about the chicken and the pig. It tial enough income taxes, you do not ceed, it is his duty to do so. It is the reminds me a little of this debate get a tax cut. obligation of every officer of this Gov- about the tax issue, who gets what. A Some of us feel that the working ernment, in any of its branches, to first chicken and a pig were prancing families toward the bottom of the lad- and foremost, however, pursue justice. around the farmyard and they were der, those working families somewhere Former Senator William Cohen, then talking about the upcoming birthday between the 50th percentile and down a Member of this institution, said, for the farmer and deciding what they who are paying more in payroll taxes ‘‘The appearance of justice is just as would give the farmer for his birthday. than income taxes, they are working, important as justice itself in terms of The chicken said, ‘‘Why don’t we give they are paying taxes. It is a different maintaining public confidence in our him ham and eggs,’’ and the pig kind of tax—payroll tax—they ought to judicial system.’’ thought about that for a long time, and get a tax cut, as well. Mr. President, there is no confidence said, ‘‘Well, gee, for you, that’s terrific, Here is the dilemma. We have a tax in our judicial system that can come because for you that’s just a contribu- cut that is proposed in part of this from these facts. There is a cold tyr- tion, but for me that requires real com- package that is a per child tax credit of anny on a single American citizen. It is mitment.’’ $500, and we are told that the per child S7514 CONGRESSIONAL RECORD — SENATE July 16, 1997 tax credit will go to only those people ground, we say to them, ‘‘You are Now, the point I come to the floor who pay enough income taxes to earn working, you are paying taxes, but today to make is this. We are in con- the credit. What does that mean? It we’re sorry, you don’t get a tax cut.’’ ference between the House and the Sen- means 4 million to 6 million American What kind of logic is that? This does ate on the question of what kind of tax kids will not get a per child tax credit, not make any sense to me. cut and who receives the benefits of despite the fact their folks are working I will read a couple of other things this tax cut. The chart I have here and their folks are paying substantial that have been written recently. shows the percentage of working fami- payroll taxes, sufficient payroll taxes Today, in the Washington Post, with lies in this country whose payroll taxes to earn this tax credit. But they will be respect to this debate about who is pro- exceed their income taxes. You will see denied any tax benefit under this plan viding what benefit to which income this by quintile. because they pay payroll taxes and not group in this country, the Washington The bottom fifth, 99 percent of them, enough income tax. Post editorial says: pay more payroll taxes than income Why is it their fault? Because they The Republicans have written a tax bill tax. These are people who work. They are not earning enough money, they tilted heavily toward the better-off *** get up every day, go to work, work are at the bottom of the economic lad- The Republicans in turn have adopted a hard, try to take care of their families. der. They are told in this plan, payroll new technique. Rather than argue as they The second quintile, 97 percent, pay might have done in the past about the vir- more in payroll taxes than they do in taxes don’t count. So, therefore, these tues of the bill, they engage in distortion. 4 to 6 million children, the parents of income tax, and right on down, until They are talking now about the num- those children, are not going to get a you get to the top fifth, and they pay bers that are bantered back and forth. tax cut, because they only work and 16 percent in payroll taxes. Sixteen they only pay payroll taxes. That The people who wrote this bill aren’t de- percent have payroll taxes that exceed fending its distributional consequences; makes no sense at all. It does not make they’re denying them. The plain facts are their income tax. any sense. that the bill over time would not just mainly You can see the import of this chart. Why would we prevent the parents of benefit the better-off but would cost the gov- It shows the folks in the bottom 60 per- 4 to 6 million children, the parents of ernment revenues it can’t afford. cent of the income strata in this coun- those 4 to 6 million children who are I want to talk about this issue of bet- try who are out working, are paying working, from getting a tax credit of ter off, however, because if we have a higher payroll taxes than income $500 per child, as all other Americans proposal passed by both the House and taxes. Any proposal that says that does will get? the Senate to reduce the tax burden in not count, that does not matter, the We were told last week by a Member this country, it seems to me it ought payroll taxes you pay are not part of of the majority who believes we should to be targeted to those families who our concern, is just plain wrong. not provide a child tax credit to those have faced an increasing tax burden. Now, we have an opportunity to fix people who are working and paying Which taxes have increased in recent it, and we can fix it in this conference payroll taxes, that if we did, it would years in this country? Does anybody committee. The House and the Senate be welfare. Why welfare? These are peo- know the answer to that? Which taxes conferees can decide to consider pay- ple who are working, these are people have increased? I guess most people roll taxes paid as a measurement who are paying taxes, and these are would say the payroll taxes, and they against who gets the $500 child tax people who also deserve a tax cut. would be right. credit. They can do that. Some don’t It is always interesting to me that Payroll taxes in the last decade have want to do it because it means they every time we talk about a tax cut in increased, increased again, and in- will not be able to get their special lit- this Chamber, if you get way into the creased again. The income tax rates tle deal in the Tax Code. They have upper end of the income scale—an area, have come down, except for one cir- lots of special trunks in cases that incidentally, where they have had cumstance. But the payroll taxes have have been put in this bill. Some want enormous increases in income—that increased. to have their special deal, so they don’t somehow the most generous portions of So the result is, when the discussion want to do this because it costs money. the tax cut always go to those folks. of the Congress is about giving a tax If you want a fair tax cut and you I want to read some information that cut, I think we ought to talk about want to be fair to working Americans was in a piece yesterday in the Wash- providing tax relief to those who are and working families, you must say to ington Post about what has happened paying higher payroll taxes. But some those out there in the work force, ‘‘We to incomes in this country. According say they want to prevent those people will give a tax cut based on a $500-per- to the Congressional Budget Office, the who are paying higher payroll taxes child tax credit and we will measure it Americans in the bottom one-fifth of from receiving any of the significant against the taxes you pay—all taxes, the income distribution, the lowest 20 benefits of the tax cut. Frankly, that is including payroll taxes.’’ The failure to percent of income earners in the work just wrong. do that means that this Congress is not force, saw their after-tax incomes drop The piece in the Washington Post, doing right by middle-income families. by 16 percent between 1997 and 1994. written by E.J. Dionne, called ‘‘The This Congress is not doing right by When you adjust all that for inflation, Tax War,’’ is an interesting piece that nearly 4 million to 6 million children they have 16 percent less purchasing appeared a day or two ago, and it says and the parents of those children who power in a 20-year period. The next-to- the following: will be denied a reduction in their the-bottom fifth lost 8 percent. The The Republicans are missing a chance to taxes only because the taxes they paid, middle fifth stayed about even. make their best case for a tax cut. For years, the higher taxes they paid, were pay- The members of the wealthiest 20 they argued that government should not tax roll taxes rather than income taxes. percent saw their incomes rise by 25 people into poverty or make life tougher for So we have an opportunity to do this percent, and the top 1 percent of the in- the pressed middle class. They were right right. Most people look at the Congress come earners in this country in the about this, especially since regressive pay- and they think, if you cut taxes, guess same 20-year period saw their income roll taxes take a much bigger chunk from what Congress will do? It will cut tax rise in real terms by 72 percent. So if the incomes of the middle class and the working poor than from the wealthy. and give people at the higher income you look at who has benefited substan- That’s why it is incomprehensible that Re- levels, at the upper end, the biggest tax tially in the last 20 years, you conclude publicans have so fiercely resisted Clinton’s cut. that the top 20 percent of income earn- proposal to give the $500-per-child tax credit Congress has two ways of doing ers, especially the top 1 percent, have to families who owe no income taxes but pay things. It deals with cakes and crumbs. benefited enormously. substantial payroll taxes. Most of these fam- The folks at the bottom get the crumbs Why is it, then, when we talk about ilies earn roughly $17,000 to $30,000 a year. and the folks at the top get the cake providing tax cuts, that we say to People at the middle and bottom of the in- with lighted candles on it. That is the come strata need tax relief for another rea- those who have not benefited at all, son: For nearly two decades—until the last 2 way people think Congress behaves be- those who are in the work force who or 3 years of the current economic recov- cause too often that is the way they do have not received any substantial in- ery—they have lost ground or barely kept behave. We have an opportunity in con- crease in income, in fact, who have lost up. structing a tax bill in this conference July 16, 1997 CONGRESSIONAL RECORD — SENATE S7515 to do it the right way, which would be There are a list of eight managers’ may be transferred to and merged with ‘‘Op- to say to all Americans we are going to amendments, which I will refer to and erating Expenses of the Agency for Inter- give a $500-per-child tax credit, which then send to the desk en bloc. national Development’’: Provided further, That the provisions of section 107A(d) (relat- the Republicans proposed and which There is the McConnell-Leahy ing to general provisions applicable to devel- the President proposed, which the amendment requiring a report on the opment credit authority) of the Foreign As- Democrats and Republicans voted for, management of the Russia enterprise sistance Act of 1961, as added by section 306 but that tax credit will not be denied fund and prohibiting establishment of a of H.R. 1486 as reported by the House Com- the people just because they paid a private-public entity to manage the de- mittee on International Relations on May 9, payroll tax rather than an income tax. fense enterprise fund activities; a 1997, shall be applicable to direct loans and This conference in the next couple of Leahy amendment establishing credit loan guarantees provided under this para- graph: Provided further, That direct loans or days can do this right or it can do it authority for AID; a Leahy amendment loan guarantees under this paragraph may wrong. I hope they will listen to the allowing funds to be transferred to the not be provided until the Director of the Of- voices of some in this country who say, Export-Import Bank for NIS activities; fice of Management and Budget has certified if you are going to give a tax cut, pay a Leahy technical corrections amend- to the Committee on Appropriations that the some attention to the needs of the mid- ment to section 571; a McConnell- Agency for International Development has dle-income earners in this country who Leahy amendment providing authori- established a credit management system ca- deserve a tax cut, yes, based on income pable of effectively managing the credit pro- ties to DSAA for the costs associated grams funded under this heading, including taxes paid, but also based on the higher with the transfer of EDA to Central that such system (1) can provide accurate sales tax they pay every day as they go and East European countries and use of and timely provision of loan and loan guar- to work and work hard to support their less expensive commercial transport antee data, (2) contains information control families. and stockpiles in Thailand and Korea; systems for loan and loan guarantee data, (3) I yield the floor and suggest the ab- a McConnell-Leahy amendment provid- is adequately staffed, and (4) contains appro- sence of a quorum. ing DSAA authority to obligate funds priate review and monitoring procedures. The PRESIDING OFFICER (Mr. upon apportionment; a McConnell- AMENDMENT NO. 878 HUTCHINSON). The clerk will call the Leahy amendment to provide a date for On page 20, line 14, after the word ‘‘para- roll. the report on Ukraine; and a Leahy graph’’ insert the following: ‘‘Provided fur- The legislative clerk proceeded to amendment with a technical change on ther, That up to $22,000,000 made available call the roll. page 92. under this heading may be transferred to the Mr. MCCONNELL. Mr. President, I Export Import Bank of the United States, AMENDMENTS NOS. 876 THROUGH 883, EN BLOC ask unanimous consent that the order and up to $8,000,000 of the funds made avail- Mr. MCCONNELL. Mr. President, I for the quorum call be rescinded. able under this heading may be transferred The PRESIDING OFFICER. Without send eight amendments to the desk and to the Micro and Small Enterprise Develop- objection, it is so ordered. ask that they be considered en bloc. ment Program, to be used for the cost of di- The PRESIDING OFFICER. The rect loans and loan guarantees for the fur- Mr. MCCONNELL. Mr. President, therance of programs under this heading: what is the pending business? clerk will report. The assistant legislative clerk read Provided further, That such costs, including f as follows: the cost of modifying such loans, shall be as defined in section 502 of the Congressional CONCLUSION OF MORNING The Senator from Kentucky [Mr. MCCON- Budget Act of 1974’’. BUSINESS NELL], proposes amendments numbered 876 The PRESIDING OFFICER. Morning through 883, en bloc. AMENDMENT NO. 879 business is closed. The amendments are as follows: On page 97, lien 5, strike the words ‘‘be- f AMENDMENT NO. 876 tween the United States and the Government of Indonesia’’. (Purpose: To improve the performance of On page 97, line 6, insert a comma after the FOREIGN OPERATIONS, EXPORT enterprise funds) FINANCING, AND RELATED PRO- word ‘‘sale’’ and strike the word ‘‘or’’. On page 27, line 15 insert the following new On page 97, line 7, after the word ‘‘trans- GRAMS APPROPRIATIONS ACT, sections: fer’’ insert ‘‘, or licensing’’. 1998 (Q) None of the funds appropriated under On page 97, line 7, after the word ‘‘heli- The PRESIDING OFFICER. Under this heading or in prior appropriations legis- copter’’ insert ‘‘for Indonesia entered into by the previous order, the Senate will now lation may be made available to establish a the United States’’. proceed to the consideration of S. 955, joint public-private entity or organization engaged in the management of activities or AMENDMENT NO. 880 making appropriations for foreign op- projects supported by the Defense Enterprise On page 102, line 9, after the word ‘‘1998.’’, erations, export financing, related pro- Fund. insert the following: grams for the fiscal year ending Sep- (R) 60 days after the date of enactment of EXCESS DEFENSE ARTICLES FOR CERTAIN tember 30, 1998, and for other purposes. this Act, the Administrator of AID shall re- EUROPEAN COUNTRIES The clerk will report. port to the Committees on Appropriations on SEC. 575. Section 105 of Public Law 104–164 The assistant legislative clerk read the rate of obligation and risk and antici- (110 Stat. 1427) is amended by striking ‘‘1996 as follows: pated returns associated with commitments and 1997’’ and inserting ‘‘1998 and 1999’’. made by the U.S. Russia Investment Fund. A bill (S. 955) making appropriations for SEC. 576. ADDITIONAL REQUIREMENTS RELAT- foreign operations, export financing, related The report shall include a recommendation ING TO STOCKPILING OF DEFENSE programs for the fiscal year ending Septem- on the continued relevance and advisability ARTICLES FOR FOREIGN COUN- ber 30, 1998, and for other purposes. of the initial planned life of project commit- TRIES. ment. (a) VALUE OF ADDITIONS TO STOCKPILES.— The Senate proceeded to consider the Section 514(b)(2)(A) of the Foreign Assist- bill. AMENDMENT NO. 877 ance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is Mr. MCCONNELL addressed the At the appropriate place in the bill, insert amended by inserting before the period at Chair. the following: the end the following: ‘‘and $60,000,000 for fis- cal year 1998’’. The PRESIDING OFFICER. The Sen- DEVELOPMENT CREDIT AUTHORITY ator from Kentucky is recognized. (b) REQUIREMENTS RELATING TO THE REPUB- For the cost, as defined in section 502 of LIC OF KOREA AND THAILAND.—Section Mr. MCCONNELL. Mr. President, my the Congressional Budget Act of 1974, of di- 514(b)(2)(B) of such Act (22 U.S.C. friend and colleague, Senator LEAHY, rect loans and loan guarantees in support of 2341h(b)(2)(B)) is amended by adding at the the ranking Democrat on the sub- the development objectives of the Foreign end the following: ‘‘Of the following: ‘‘Of the committee, is detained down at the Assistance Act of 1961 (FAA), up to amount specified in subparagraph (A) for fis- White House for the time being. I see $10,000,000, which amount may be derived by cal year 1998, not more than $40,000,000 may his colleague, Senator DORGAN, stand- transfer from funds appropriated by this Act be made available for stockpiles in the Re- ing in for him. We will, while Senator to carry out part I of the Foreign Assistance public of Korea and not more than $20,000,000 Act of 1961 and funds appropriated by this DORGAN is here, by mutual agreement, may be made available for stockpiles in Act under the heading ‘‘Assistance for East- take care of several managers’ amend- Thailand.’’. ern Europe and the Baltic States’’, to remain SEC. 577. DELIVERY OF DRAWDOWN BY COMMER- ments here at the outset of the discus- available until expended: Provided, That of CIAL TRANSPORTATION SERVICES. sion of this year’s foreign operations this amount, up to $1,500,000 for administra- Section 506 of the Foreign Assistance Act bill. tive expenses to carry out such programs of 1961 (22 U.S.C. 2318) is amended— S7516 CONGRESSIONAL RECORD — SENATE July 16, 1997 (1) in subsection (b)(2), by striking the pe- Rwanda, much like the Truth Commis- overseas without the use of troops is riod and inserting the following: ‘‘, including sion in South Africa. frequently, always, less dangerous and, providing the Congress with a report detail- Mr. President, my amendment is not many times, less expensive. ing all defense articles, defense services, and without precedent. The foreign oper- military education and training delivered to For the better part of the last 3 the recipient country or international orga- ations bill 2 years ago restricted for- years, Senator LEAHY and I have nization upon delivery of such articles or eign assistance to countries that warned that the United States would upon completion of such services or edu- harbored both Rwandan and Yugoslav pay long-term consequences if we con- cation and training. Such report shall also indicted war criminals. I believe this tinued the pattern of shortsighted include whether any savings were realized by was the right standard, and to do any- gains made by reducing foreign assist- utilizing commercial transport services rath- thing less sends the wrong message on ance. er than acquiring those services from United war crimes. If we say we are against Finally, the administration listened. States Government transport assets’’; war crimes in Yugoslavia, we should (2) by redesignating subsection (c) as sub- I want to commend Secretary Albright section (d); and also equally say we are against war for making an increase in the 150 ac- (3) by inserting after subsection (b) the fol- crimes in Rwanda. I don’t believe that count her first and foremost priority. lowing: there’s one Senator who doesn’t share The nearly $1 billion increase arrested ‘‘(c) For the purposes of any provision of this belief—but it is important that we a devastating decade-long decline. law that authorizes the drawdown of defense- say so. I think it is important to put this in- or other articles or commodities, or defense My amendment makes a strong crease in perspective. Measured against or other services from an agency of the Unit- statement of support for the Rwandan foreign aid’s peak year of 1985, our re- ed States Government, such drawdown may tribunal and for the cause of human include the supply of commercial transpor- sources have dropped nearly 60 percent. tation and related services that are acquired rights in Africa. Since 1990, we have seen a 40-percent by contract for the purposes of the drawdown Mr. MCCONNELL. Mr. President, it is reduction. Keep in mind that those in question if the cost to acquire such com- my understanding that these have been cuts have occurred in times when the mercial transportation and related services approved by the Democrats. United States established assistance is less than the cost to the United States Mr. DORGAN. Mr. President, if the programs to help strengthen and sta- Government of providing such services from Senator will yield, Senator LEAHY is bilize more than two dozen new, emerg- existing agency assets.’’. detained. On his behalf, I am here to ing democracies. say that the amendments have been ap- As we welcome Poland, Hungary, and AMENDMENT NO. 881 proved, and he is either a sponsor or a On page 34, line 21, after the word ‘‘Act’’ the Czech Republic into NATO, thereby cosponsor with Senator MCCONNELL. expanding European stability and secu- insert the following: ‘‘: Provided further, That The PRESIDING OFFICER. Without funds made available under this paragraph rity arrangements, we should all re- shall be obligated upon apportionment in ac- objection, the amendments are agreed member it was the United States eco- cordance with paragraph (5)(C) of title 31, to en bloc. nomic and security assistance that United States Code, section 1501(a)’’ The amendments (Nos. 876 through helped make this possible. 883), en bloc, were agreed to. Just taking a look, Mr. President, at AMENDMENT NO. 882 Mr. MCCONNELL. Mr. President, I the chart here behind me, my col- On page 24, line 9 insert after the word move to reconsider the vote. leagues will notice that in 1985, in bil- ‘‘resolution’’ the following: ‘‘Provided further, Mr. DORGAN. I move to lay that mo- That the Secretary shall submit such deter- tion on the table. lions, the foreign operations account mination and certification prior to March 31, The motion to lay on the table was was $28.2 billion. A mere 12 years later, 1998.’’ agreed to. it was $12.2. And what we are seeing this year, after a decline of $28.2 to $12 Mr. MCCONNELL. Mr. President, I AMENDMENT NO. 883 am pleased to bring the fiscal year 1998 billion, is an increase back up to $13.4 (Purpose: To require the withholding of as- foreign operations, export promotion, billion. sistance to any country granting sanc- and related programs appropriations I will argue, as I did a few moments tuary to any person indicted by the Inter- ago, that given the new responsibilities national Criminal Tribunal for Rwanda) bill to the Senate for consideration today. I might say at the outset that to the new emerging democracies, that On page 92, line 16, strike ‘‘is authorized this increase this year in the 150 ac- to’’ and insert ‘‘shall’’. we anticipate finishing this bill to- On page 92, line 21, strike ‘‘should’’ and in- night. There are very few amendments count is entirely appropriate. sert ‘‘shall’’. of which I am aware and, hopefully, we The aspirations, ingenuity, and de- Mr. BIDEN. Mr. President, I am can mirror the speed with which the termination of the citizens of these pleased the managers of the bill will Department of Defense appropriations countries—particularly in Central Eu- accept my amendment to the foreign bill and the energy and water appro- rope—combined with American grants, operations appropriations bill. My priations bill were completed. loans, exchanges, training, and equip- amendment will apply the same stand- Senator LEAHY and I have worked ment to build democratic institutions, ards for sanctions on countries that closely together to produce a bill which strong free markets, and responsible harbor Rwandan indicted war criminals effectively serves vital international military partners makes a lot of sense. as are applied to countries that provide U.S. political and economic priorities Obviously, this effort should be con- sanctuary for individuals indicted by with the $13 billion allocated to our tinued. The combination of an increase the Yugoslav war crimes tribunal. subcommittee. in the foreign assistance allocation, As the bill is currently written, with Let me point out right up front that along with progress made by emerging the exception of certain types of hu- while the bill stands at $13 billion, we European democracies, have made this manitarian assistance, no foreign aid are funding $13.2 billion on programs; a key transition year—one in which we can be given to any country that pro- the difference is due to the Budget have an opportunity to initiate support vides sanctuary to individuals indicted Committee’s treatment of arrears at for new priorities while ending or es- by the Yugoslav war crimes tribunal. international financial institutions. tablishing clear performance bench- But for those individuals indicted by For the first time in more than a dec- marks in countries where U.S. support the Rwandan war crimes tribunal, the ade, the foreign operations account ac- is not fulfilling political or economic bill contains only a discretionary au- tually experienced an increase. We can expectations. thority to withhold aid. thank Senator STEVENS for under- In this context, let me review some Mr. President, the United States was standing how important it is to have of the bill’s highlights. a cosponsor of the U.N. Security Coun- international options short of sending In title I, we have increased export cil resolution which authorized the es- in U.S. troops. I might just say, Mr. promotion support over the adminis- tablishment of the Rwandan war President, on that point, there are a tration’s request. We have fully funded crimes tribunal. Accountability for the number of our colleagues who are par- the Trade and Development Agency 500,000 people killed in the 1994 geno- ticularly enthusiastic about the de- and the Overseas Private Investment cide is an integral part of any effort for fense option, and I am among them. On Corporation, and to compensate for dis- reconciliation and reconstruction in the other hand, being able to engage mal forecasting at the Eximbank, we July 16, 1997 CONGRESSIONAL RECORD — SENATE S7517 have increased the funding there as and support the constitutional and eco- ing. While this level reflects a slight well. nomic changes which have been reduction of the administration’s re- No one is more pleased than I am achieved. However, to leverage im- quest, we were able to provide an in- that there is a new team directing the provements and accelerate the pace of crease in aid to Jordan and an increase Bank’s important work. However, the reforms, 35 percent of the aid package in support for Lithuania, Estonia, and new Chairman arrives in with the news is withheld until the Secretary of State Latvia. that the Bank expects to have to carry certificates progress has been made Let me speak for a moment to the over into 1998 nearly $400 million in combating corruption, and moving for- case of the Baltic countries. I know I planned or possible 1997 projects be- ward with key economic and political am joined by many of my colleagues cause of a shortfall in available fund- policy changes. who believe the Baltic nations should ing. At a time when everyone recog- Russia offers another example of be the next nations on the list of NATO nizes that exports are key to American where aid must better serve United entrants. Having never recognized economic growth, we need to support States interests. For the past 2 years, their domination by the Soviet Union Exim’s vital mission. While the admin- the bill has included language linking during the cold war, I think it is a seri- istration asked for $632 million, we the provision of aid to the termination ous mistake for the administration to have provided $700 million to support of Russia’s nuclear cooperation with now bow to Russian demands that the American business as they venture into Iran—a provision always watered down Baltic nations be excluded from NATO. tough emerging markets. by the administration. With elections In effect, the administration’s policy Title II provides funding for all bilat- around the corner, the administra- relegates the Baltic States to the Rus- eral programs, including development tion’s argument last year was simple: sian sphere of influence, a perverse re- assistance activities, programs in the If we cut off aid, they said, we under- versal of political fortune and a mis- new independent states and Central mine the election chances of the only take of historic proportions. and Eastern Europe, disaster aid, the people who are committed to ending These nations are ready, willing, and Peace Corps, international narcotics this lethal program. able to make a meaningful military control, and a consolidated fund which Well, we all know the reformers won and political contribution to NATO’s covers nonproliferation, demining, the election last year, and, unfortu- mission. The funding we have provided antiterrorism, IAEA activities, and re- nately, the nuclear program is still will strengthen and deepen the Baltic lated programs. around. Only now it is expanded, and ties to NATO by facilitating the com- Within this title, there are a number the Russians are not only collaborating pletion of a civilian military regional of provisions which reflect the commit- with Iran on a nuclear powerplant. airspace control system, an important tee’s new emphasis of building on suc- They are working together on a missile step toward membership. This funding cess and objectively recognizing and technology program. This year a waiv- reflects a strong view that Latvia, reversing failures. er allowing aid to continue—no matter Lithuania, and Estonia deserve to be Nowhere is this more evident than in what the Russians do with Iran—is integrated into a stable European secu- the Middle East. I will not spend a simply out of the question. rity structure and have earned our po- great deal of time at this point on the Consistent with our effort to take aid litical commitment and continued sup- issue of Egypt’s record over the last 2 off autopilot, the bill also includes lan- port for NATO admission. years. Let me simply say that funding guage addressing the crisis in Cam- Finally, let me turn to title IV in the for both Egypt and Israel has always bodia. In our opening hearing this year, bill, which provides funding for the international financial institutions. been provided in the context of the the administrator of AID referred to Although we have reduced the adminis- Camp David accords and a national Cambodia as a democratic success tration’s request, we have been able to commitment to serving the interests of story, a view echoed by the Secretary meet virtually all current-year obliga- peace. of State in our closing hearing. Persist- tions as well as make substantial Leading a renewal of the Arab eco- ent allegations of close collaboration progress on past obligations incurred nomic boycott of Israel, rejecting between Cambodia’s leadership and by this administration. President Clinton’s plea to participate major regional drug traffickers were I want all of my colleagues to know in the peace summit, and actively op- dismissed in that hearing, as were that we have once again withheld funds posing the Hebron agreement between alarming accounts of the two prime for IDA until the Secretary of the Israel and the Palestinians are a few ministers arming themselves for a re- Treasury certificates that the interim reasons why Egypt no longer seems to sumption of civil war. trust fund has removed all procure- share our commitment to regional sta- As we all know, a few short weeks ment restrictions imposed which ex- bility and peace. To send a signal that ago the committee report called atten- clude American contractors. improvements are expected if aid is to tion to this rapidly deteriorating situa- I want the members of both the trust continue to flow, the committee did tion and conditioned assistance of all fund and IDA to be on notice that these not earmark funds for Egypt. further aid on progress in four key restrictions must be gone before this In contrast, King Hussein has taken areas. The Secretary had to certify the legislation is enacted or I cannot sup- enormous risks to advance peace, and government had taken steps to: First, port full funding for IDA in conference. the committee reflected its support for end political violence and intimidation The last section of the bill is devoted this effort by substantially increasing of opposition candidates; second, estab- to general provisions. One in particular economic and security assistance to lish an independent election commis- is worth noting because it is in keeping Jordan. Egypt and Jordan define the sion; third, protect voters and election with the principles we have developed basic tenet of this bill: Aid is not an participants by establishing laws and to end aid as an entitlement program. entitlement program. It must be regulations guaranteeing freedom of When the Dayton agreement was earned, and it must be deserved. speech and assembly; and, fourth, signed, each party pledged to support The NIS offers other examples of this eliminate corruption and collaboration the International Tribunal’s efforts to approach. For several years the Senate with narcotics dealers. arrest and prosecute war criminals. has earmarked funds for Ukraine. Now Mr. President, however elusive that Today, 66 indicted fugitives remain at I believe it is time to assess results. Al- goal now seems, each of these steps re- large—with potentially many more though Ukraine has made remarkable mains important to the future of de- under sealed indictment. progress in passing a constitution and mocracy in Cambodia. With the coup These are not bandits in hiding living introducing a new currency, I think it engineered by Hun Sen last week, I in- in fear of capture. These outlaws con- is time to register our concerns that tend to further modify these conditions tinue to work and wander the streets corruption and the slow pace of re- as we proceed forward with this bill and, in some cases, such those of forms may defeat the relevance and today. Radovan Karadic and Ratko Mladic, impact of our assistance. Turning to title III, the committee they continue to exercise real power. As in the past, we have earmarked has provided over $3.3 billion in secu- Section 573 ends assistance to re- $225 million, making clear we still be- rity assistance, loans and grants and gional authorities refusing to cooper- lieve in Ukraine’s strategic importance support for international peacekeep- ate in the international effort to bring S7518 CONGRESSIONAL RECORD — SENATE July 16, 1997 these fugitives to justice. Peace in AMENDMENT NO. 885 The PRESIDING OFFICER. The Sen- Bosnia cannot be sustained if the Tri- (Purpose: To provide assistance to Egypt) ator from Oregon. bunal fails to complete its task. Stabil- On page 17, line 14, strike the number Mr. SMITH of Oregon. I send an ity and economic growth depend on the ‘‘$2,585,100,000’’ and insert in lieu thereof, amendment to the desk and ask for its repatriation of refugees consistent ‘‘$2,541,150,000’’. immediate consideration. with the Dayton agreement—and those On page 17, line 20, after the word ‘‘later:’’ The PRESIDING OFFICER. The refugees will not return to commu- insert: ‘‘: Provided further, That not less than clerk will report. nities which continue to be terrorized $815,000,000 shall be available only for Egypt, The assistant legislative clerk read which sum shall be provided on a grant basis, as follows: and intimidated by war criminals. and of which sum cash transfer assistance The Senator from Oregon [Mr. SMITH], for Section 573 bans aid to countries may be provided, with the understanding himself, Mr. NICKLES, Mr. THOMAS, Mr. which have not cooperated in the ar- that Egypt will undertake significant eco- HUTCHINSON, and Mr. GORTON, proposes an rest of war criminals. Waiver authority nomic reforms which are additional to those amendment numbered 888. is granted to the President for a period which were undertaken in previous fiscal Mr. SMITH of Oregon. Mr. President, of 6 months, if he certifies that a coun- years:’’. I ask unanimous consent that reading try has turned over a majority of war On page 33, line 26, strike the number ‘‘$3,265,000,000’’ and insert in lieu thereof of the amendment be dispensed with. criminals. However, at the end of the 6 ‘‘$3,308,950,000’’. The PRESIDING OFFICER. Without months, aid can only continue if the On page 34, line 3, after the word ‘‘Israel’’ objection, it is so ordered. President certifies that all war crimi- insert: ‘‘, and not less than $1,300,000,000 shall The amendment is as follows: nals have been arrested. be made available for grants only for At the appropriate place in the bill, insert The provision exempts democracy Egypt.’’. the following new section, and renumber the building, demining and humanitarian remaining sections accordingly: programs in an effort to afford the ad- AMENDMENT NO. 886 SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO ministration some carrots as it at- (Purpose: To restrict aid to Cambodia) THE GOVERNMENT OF RUSSIA On page 11, line 14, strike all after the word SHOULD IT ENACT LAWS WHICH tempts to encourage compliance. WOULD DISCRIMINATE AGAINST MI- But, this should not be seen as a door ‘‘Of’’ through page 12, line 13, ending with NORITY RELIGIOUS FAITHS IN THE which will be opened wider creating the number ‘‘1997.’’ and insert in lieu thereof RUSSIAN FEDERATION. more exemptions and weaker stand- the following: ‘‘None of the funds appro- None of the funds appropriated under this priated by this Act may be made available Act may be made available for the Govern- ards. Let us be clear on a single point: for activities or programs in Cambodia until after more than $400 million in U.S. ment of Russian Federation unless the Presi- the Secretary of State determines and re- dent determines and certifies in writing to aid, we need to implement and enforce ports to the Committees on Appropriations the Committee on Appropriations and the the moral reckoning which only the that the Government of Cambodia has: (1) Committee on Foreign Relations of the Sen- Tribunal can offer. Only justice can not been established in office by the use of ate that the Government of the Russian Fed- bridge the deep divides which continue force or a coup d’etat; (2) discontinued all po- eration has enacted no statute or promul- to fracture the former Yugoslavia. litical violence and intimidation of journal- gated no executive order that would dis- Let me conclude by once again em- ists and members of opposition parties; (3) criminate, or would have as its principal ef- established an independent election commis- fect discrimination, against religious mi- phasizing that the increase in the 150 sion; (4) protected the rights of voters, can- account represents both an oppor- norities in the Russian Federation in viola- didates, and election observers and partici- tion of accepted international agreements on tunity and an obligation to more effec- pants by establishing laws and procedures human rights and religious freedoms to tively serve American international in- guaranteeing freedom of speech and assem- which the Russian Federation is a signatory, terests. We can only accomplish this bly; and (5) eliminated corruption and col- including the European Convention and the purpose if we end aid as an entitlement laboration with narcotics smugglers: Pro- 1989 Vienna Concluding Document of the program. I believe this bill sets us on vided, That the previous proviso shall not Conference on Security and Cooperation in the right course and I encourage my apply to humanitarian programs or other ac- Europe. tivities administered by nongovernmental Mr. SMITH of Oregon. Mr. President, colleagues to support it. organizations: Provided further, That 30 days AMENDMENTS NOS. 885, 886, AND 887 after enactment of this Act, the Secretary of a few weeks ago, on the Fourth of July, Mr. MCCONNELL. As an indication of State, in consultation with the Director of as Americans were celebrating their how quickly we should be able to move the Federal Bureau of Investigation, shall re- cherished freedoms upon which this this bill, I see that my friend and col- port to the Committees on Appropriations on country was founded, the Russian Fed- league from Oregon is here ready to the results of the FBI investigation into the eration passed a bill which, if signed bombing attack in Phnom Penh on March 30, into law, would restrict freedom of reli- offer an amendment, and before I yield 1997.’’. the floor for that purpose, I will offer gion in that country in a lamentable an amendment to earmark aid to way. AMENDMENT NO. 887 This bill is ironically titled, ‘‘On Egypt for myself and Senator LEAHY, (Purpose: To restrict aid to Cambodia) Freedom of Conscience and on Reli- Senator STEVENS, and Senator BYRD. On page 96, line 20, strike all after the word I am also going to send to the desk gious Associations.’’ It first passed the ‘‘Cambodia’’ through page 97, line 2, ending lower house of the Russian Duma in two amendments on Cambodia. with the word ‘‘smugglers.’’ and insert in So, Mr. President, I am sending to late June. lieu thereof the following: ‘‘has: (1) not been The bill would, among other things, the desk three amendments at this established in office by the use of force or a limit the activities of foreign mission- time. coup d’etat; (2) discontinued all political vio- aries and grant unregistered religious The PRESIDING OFFICER. The lence and intimidation of journalists and groups significantly fewer rights than clerk will report. members of opposition parties; (3) estab- accredited Russian religious organiza- The legislative clerk read as follows: lished an independent election commission; (4) protected the rights of voters, candidates, tions such as the Russian Orthodox The Senator from Kentucky [Mr. MCCON- and election observers and participants by Church, Islam, Judaism, and Bud- NELL], for himself, Mr. LEAHY, Mr. STEVENS, establishing laws and procedures guarantee- dhism. and Mr. BYRD, proposes an amendment num- ing freedom of speech and assembly; and (5) bered 885. Mr. President, this bill awaiting sig- eliminated corruption and collaboration nature now on President Yeltsin’s desk The Senator from Kentucky [Mr. MCCON- with narcotics smugglers.’’. NELL], for himself and Mr. LEAHY, proposes would severely limit the very existence an amendment numbered 886. Mr. MCCONNELL. I ask that all of what Russia terms ‘‘new faiths.’’ The Senator from Kentucky [Mr. MCCON- three of those amendments be tempo- These ‘‘new faiths’’ include many NELL], for himself and Mr. LEAHY, proposes rarily set aside. Protestant faiths—Evangelicals, fun- an amendment numbered 887. The PRESIDING OFFICER. Without damentalists, Pentecostals, SDA’s, Je- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. hovah’s Witnesses, Mormons, and even ask unanimous consent that reading of Mr. MCCONNELL. Now, Mr. Presi- the Catholic Church. These faiths will the amendments be dispensed with. dent, I yield the floor. be persecuted as religious minorities The PRESIDING OFFICER. Without AMENDMENT NO. 888 under this proposed law. objection, it is so ordered. Mr. SMITH of Oregon addressed the Congress has already taken a number The amendments are as follows: Chair. of steps to send signals to President July 16, 1997 CONGRESSIONAL RECORD — SENATE S7519 Yeltsin about this bill. Many Members Mr. SMITH of Oregon. Mr. President, In lieu of the language proposed to be in- of both Houses have signed letters to I call for the yeas and nays. serted, insert the following: President Yeltsin and to President The PRESIDING OFFICER. Is there a SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO THE GOVERNMENT OF RUSSIA Clinton. From the Vatican to former sufficient second? SHOULD IT ENACT LAWS WHICH President Jimmy Carter, the reaction At the moment there is not. WOULD DISCRIMINATE AGAINST MI- to this law has been strong and unwav- Mr. MCCONNELL. Mr. President, let NORITY RELIGIOUS FAITHS IN THE ering. me say that we will get a sufficient RUSSIAN FEDERATION. I rise today to send an even stronger second for a vote on this amendment. I None of the funds appropriated under this Act may be made available for the Govern- signal. My amendment would withhold am told by the Democratic Cloakroom funds appropriated in the foreign oper- ment of Russian Federation unless the Presi- that it would be permissible to have a dent determines and certifies in writing to ations bill to Russia unless the Presi- couple of votes around 12:30, and it is the Committee on Appropriations and the dent of the United States determines my plan to have a vote on the Smith Committee on Foreign Relations of the Sen- and verifies in writing to the Congress amendment at about 12:30. ate that the Government of the Russian Fed- that the Government of Russia has en- I also understand under the previous eration has enacted no statute or promul- acted no statute that would discrimi- agreement we are to vote on final pas- gated no executive order that would dis- nate against religious minorities in the sage on energy and water in juxtaposi- criminate, or would have as its principal ef- Russian Federation. tion to that vote. fect discrimination, against religious mi- norities in the Russian Federation in viola- Mr. President, I realize, as do all Sen- Mr. President, is that correct? ators, that Russia is a sovereign coun- tion of accepted international agreements on The PRESIDING OFFICER. The vote human rights and religious freedoms to try. We cannot tell Russia what to do on final passage will follow the first as a country. We can, however, elect which the Russian Federation is a signatory, vote on this bill. That is correct. including the European Convention and the not to send foreign aid to a country Mr. MCCONNELL. So, Mr. President, 1989 Vienna Concluding Document of the that would discriminate against reli- why don’t I ask unanimous consent Conference on Security and Cooperation in gious beliefs in so fundamental a way. that we have a vote on the Smith Europe. This will be the clearest and strong- amendment at 12:30. This section shall become effective one day est message that can be sent to Presi- after the enactment of this bill. Mr. President, I withhold. dent Yeltsin. Should he decide to enact Mr. President, we may have the abil- Mr. SMITH of Oregon. Mr. President, into law this discrimination, we then ity to get the yeas and nays now. I ask I ask for the yeas and nays. will send no American funds, none of for the yeas and nays on the Smith The PRESIDING OFFICER. Is there a our taxpayers’ hard-earned moneys, to amendment. sufficient second? that country in the fiscal year of 1998. There is a sufficient second. The PRESIDING OFFICER. Is there a In the modern world, for most reli- The yeas and nays were ordered. gions, the kind of deprivation of status sufficient second? Mr. SMITH of Oregon. I suggest the There appears to be. that the Russian bill would enact, absence of a quorum. should it become law, is a major en- The yeas and nays were ordered. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, let croachment upon religious freedom. clerk will call the roll. Many international agreements have me say again we are not going to set The assistant legislative clerk pro- already been signed that require sig- the time for the Smith amendment ceeded to call the roll. natories to guarantee religious free- now until we have had further con- Mr. HUTCHINSON. Mr. President, I dom. For example, sections of the Vi- sultation with the Democratic Cloak- ask unanimous consent that the order enna Concluding Document of the Con- room, but in all likelihood there would for the quorum call be rescinded. ference on Security and Cooperation in be two votes at 12:30, one on the Smith The PRESIDING OFFICER (Mr. Europe commits participating States amendment and the other on final pas- SMITH of Oregon). Without objection, it in the Helsinki process to grant reli- sage of energy and water. is so ordered. gious freedom as part of their Constitu- AMENDMENT NO. 889 TO AMENDMENT NO. 888 The Senator from Arkansas. tion. Mr. SMITH of Oregon. Mr. President, Mr. HUTCHINSON. Mr. President, I Mr. President, the Russian Federa- I send a substitute amendment to the would like to voice my support for the tion is a signatory to that Vienna doc- desk and ask for its immediate consid- Smith amendment prohibiting foreign ument. Furthermore, the bill on Presi- eration. assistance to the Government of Rus- dent Yeltsin’s desk would not only vio- The PRESIDING OFFICER. The sia, should it enact laws that would late this and other international agree- clerk will report. discriminate against religious minori- ments; it would also violate Russia’s Mr. MCCONNELL. Mr. President, I ties and religious faiths in the Russian own Constitution which guarantees re- suggest the absence of a quorum. federation. As you eloquently pointed ligious freedoms we as Americans have The PRESIDING OFFICER. The out, on July 4, and ironically on July 4, come to hold as so dear and so fun- clerk will call the roll. as we celebrated our precious freedoms damental. I know some might argue, The assistant legislative clerk pro- in the United States the Russian Fed- Mr. President, that we should not take ceeded to call the roll. eral Assembly gave final approval to a these kinds of actions; that we are try- Mr. MCCONNELL. Mr. President, I bill which would seriously undermine ing to help Russia build democracy, ask unanimous consent that the order religious freedom in Russia. and we are and want to do those things, for the quorum call be rescinded. I was in Poland just 1 week ago, rep- but I would say to them that religious The PRESIDING OFFICER. Without resenting the Senate at an inter- freedom is the cornerstone of democ- objection, it is so ordered. national conference, the Sixth Annual racy. Indeed, a democratic foundation Mr. MCCONNELL. Mr. President, the Session of the Parliamentary Assembly without that cornerstone of religious pending business now is the second-de- of the Organization for Security and freedom is a democracy that is built gree amendment of the Senator from Cooperation in Europe. At this con- upon sand. Oregon? ference, I had the opportunity to chair I hope that all Senators will join me The PRESIDING OFFICER. The in sending a strong signal to President a bilateral meeting with the Speaker of clerk will report the amendment. Yeltsin that American dollars will not the Russian Duma and we discussed The assistant legislative clerk read find their way to support any country this bill at length. as follows: that treats religious freedom in such a In that bilateral meeting were a manner. The Senator from Oregon [Mr. SMITH], for number of deputies from the Russian Mr. President, I ask for the yeas and himself and Mr. NICKLES, proposes an amend- Duma. I found that their concept of nays. ment numbered 889 to amendment No. 888. rights and freedoms were strikingly in The PRESIDING OFFICER. Is there a Mr. SMITH of Oregon. Mr. President, contrast to our concept of freedoms, as sufficient second? I ask unanimous consent that reading embodied in our Constitution and in At the moment there is not. of the amendment be dispensed with. our American tradition. Repeatedly, as Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without we discussed the proposed law that the just walked back in the Chamber. I am objection, it is so ordered. Russian Duma at that point had al- not quite sure—— The amendment is as follows: ready voted on—the upper body had S7520 CONGRESSIONAL RECORD — SENATE July 16, 1997 not yet at that point voted on it—it When similar legislation threatened space for services, own property, con- was clear that they viewed religious religious freedom in Russia only 4 duct financial activity, invite foreign- freedom, and in fact all rights, as being years ago, Members of the House, Mem- ers to Russia, or set up church schools. that which could be granted by the bers of this body, the Senate, joined to- To register as a ‘‘religious organiza- Government as opposed to our concept, gether in an urgent appeal to Boris tion,’’ a religious group would have to embodied in our Constitution and our Yeltsin to veto that legislation. Coura- (a) be sponsored by a Russian religious founding documents, that those rights geously, President Yeltsin stood firm. organization, (b) undergo a 15-year reg- and those freedoms are unalienable and He refused to sign that bill into law. istration period, and (c) have ‘‘authen- endowed by our Creator—given by God. Now we have an opportunity, thanks ticity’’ determined by a commission of Therefore, as viewing rights as being to the amendment of Senator SMITH of state experts, who would review a something given by the Government, Oregon, to send a strong message to faith’s doctrine for admissibility. This they saw no problem in removing the Russia that we will take concerted ac- state bureaucracy could deny registra- unlimited, unfettered right to freedom tion to preserve this essential human tion to faiths on a wide range of prac- of religion. right. This is potentially the greatest tices, such as advocating nonmedical I was alarmed at the attitude and the retreat on religious freedom and forms of healing, monasticism, con- intransigence that we found, not only human rights since the fall of the So- scientious objection, and proselytizing from the Speaker of the Duma but the viet Union, and it is an ominous sign to minors. Mr. President, the Duma bill on re- deputies who were present, and their about the future of that Republic. We stricting religious rights is contrary to concept. They said, and I paraphrase must forcefully signal our grave con- international conventions signed by but very close to what was said in this cern by passing the Smith amendment. bilateral meeting, that we must pro- Russia, including the Helsinki Treaty I hope my colleagues in the U.S. Sen- tect naive Russians from cults—cults of 1989, which states: ate will join with Senator SMITH of Or- being a broad definition to include all [Participating states] will take effective egon in sending that signal to the Gov- of the so-called new faiths. Of course, measures to prevent and eliminate discrimi- ernment of Russia, and add encourage- Russia today is experiencing a tremen- nation against individuals of communities dous renewal of religious faith. In, I ment and solidarity with the people of on grounds of religion or belief in the rec- the Russian Republic. ognitions, exercise and enjoyment of human think, a misguided effort to protect the rights and fundamental freedoms in all fields Orthodox Russian Church, this law has I yield the floor. Mr. HATCH. Mr. President, I wish to of civil, political, economic, social and cul- been proposed. I said very frankly and rise and join my colleagues in support- tural life; and very bluntly—and may I say Congress- [participating states] will grant upon their ing the Smith amendment to the fiscal man CLEMENT from Tennessee, Con- request to communities of believers, practic- year 1998 foreign operations bill that gressman DINGELL from Michigan, and ing or prepared to practice their faith within a number of other Members of the U.S. would cut assistance to the Govern- the constitutional framework of the States, Congress were present during this bi- ment of the Russian Federation if it recognition of the status provided for them in their respective countries. lateral meeting and echoed my senti- enacts the onerous bill passed by the ments—that this law proposed, passed Duma last month entitled ‘‘On Free- But if the Russian Government wish- by the Duma, now pending before dom of Conscience and Religious Asso- es to ignore its treaty obligations— President Yeltsin, is antithetical to ciation.’’ which, from our record of arms control and irreconcilable with a true concept Mr. President, this bill passed by the agreements, we must recognize is not a of liberty and religious freedom. Duma is about restricting freedom of unique development—it is still shock- Among the provisions in this bill conscience and prohibiting the freedom ing that the Duma egregiously ignores that are most alarming is the require- of conscience. It is a major step back- the Russian Constitution, which states: ment that religious groups list all of ward for democracy and human rights The state guarantees the equality of rights their numbers, their names, their ad- in Russia. It takes Russia away from and freedoms regardless of sex, race, nation- ality, language, origin, property and official dresses, a requirement that a commis- the West and the institutions that pro- tect an individual’s freedom of reli- position, place of residence, attitude to reli- sion be established—a commission of gion, convictions, membership in public as- state experts—to review the doctrines gion. sociations, as well as other circumstances. and practices of groups applying for The bill passed by the Duma—pro- Banned are all forms of limitations of human registration. It is unimaginable in this moted by an unholy alliance of Com- rights on social, racial, national, language or country, in which we have so enshrined munists and Populists whose respon- religious grounds. (Art. 19) the concept of religious freedom. There sibility to the country appears to focus It is indeed of great concern to me, is a requirement under this bill that a on restricting its citizens’ ability to Mr. President, that the Duma sees fit religious group be in existence for 50 practice any faith they choose. to legislate restrictions on individual years in order to receive ‘‘all Russian’’ The measures in the bill are deeply rights at a time when Russian society status, creating a division between re- objectionable. A few points are worth is greatly suffering. Michael Specter of ligious associations and groups which mentioning: the New York Times recently wrote could create a multitier religious hier- Religious groups must register with about the alarming downward spiral in archy of different denominations. And the government by 1998. In a blatant the health of the Russian population. then in this bill is a requirement that act of discrimination, the bill assigns In that article, Specter notes that per would deny for a 15-year period legal different religions to different cat- capita alcohol consumption is the high- status to new religious groups, which egories that will afford them different est in the world; that Russia has a could include those groups that refused sets of rights. wider gap in life expectancy between to register under the Communist re- For a religion to be deemed a reli- men and women than in any other gime. Without legal status, these reli- gious organization, it will have to dem- country; that of the nations of Asia, gious groups could not rent public onstrate that they have officially ex- America, and Europe, Russia’s mortal- space for services, they would find it isted in Russia for at least 15 years. ity rate is ahead of only Afghanistan difficult to conduct any financial ac- This means that the religion would and Cambodia; and that the death rate tivity, invite foreigners to Russia, or have had to register under Communist among working Russians today is high- set up a church school for children. dictator Leonid Brezhnev, at a time er than a century ago. And the indica- There is no justifiable reason to di- when the Soviet Union was officially tors are getting worse: the mortality vide religious organizations into two atheistic and officially repressive to rate for Russian men between 40 and 49 categories, one with full rights and the pursuit of faith. years of age increased by over 50 per- privileges and the others with limited Religious groups not deemed in the cent between 1990 and 1995. The re- rights, limited privileges. This new official, first category of ‘‘religious or- porter concluded: ‘‘An astonishing drop Russian law discriminates against reli- ganizations’’ would have greatly re- in life expectancy for Russian men over gious faiths by establishing a hierarchy stricted rights. They would have no the past decade, combined with one of of religious groups under the law and legal status. Members would have to be the lowest birthrates on earth, has denying legal status to communities of individually and officially registered. turned Russia into a demographic believers. They groups could not rent public freak show.’’ July 16, 1997 CONGRESSIONAL RECORD — SENATE S7521 Mr. President, we can expect yelping exercise in demagogic politics, the re- this one which we are considering from the supporters of this bill in the alists, who fear a future authoritarian today, we can actually trigger the en- Duma. Delighted to frustrate President Russia and seek to prepare for it, will actment of outrageous laws in other Yeltsin’s every move, they will claim have their views confirmed. nations which could seriously damage that international opprobrium against Mr. President, I have long supported the existing freedoms that citizens in this bill is infringing on Russia’s sov- Boris Yeltsin. In fact, when he first other nations have. ereignty. This is not a question of Rus- came to the United States in the late We should realize that many other sia’s sovereignty, Mr. President. The 1980’s, I was among the few who said, to nations—including Israel, Egypt, Tur- calls and letters President Yeltsin has the Republican administration at the key, and other recipients of United received from political and religious time: ‘‘You’re focusing on the wrong States aid—would lose that aid if held leaders around the world declare our guy, Gorbachev. This is the man to to the same standard that we are pro- concerns about the freedom of individ- watch, and this is the man to back.’’ posing for Russia. Perhaps this is ual conscience in Russia, concerns Since then, I have strongly approved something that we should discuss here. their elected body should share, not pa- every time President Yeltsin stood But my sense is that we don’t want a tronize. bravely for democracy in Russia. When single measuring stick—and that U.S. assistance is not an entitlement. he stood on that tank in defense of today, we are focusing on Russia in a It is a demonstration of our support for Russia’s nascent democracy, my pray- rather knee-jerk fashion. Russia needs the emergence of democracy in a land ers were with him. to hear our concerns about religious cursed by communism for most of this I expect that President Yeltsin will freedoms, and I feel that we should pur- decade. If Russia turns back to the veto this bill. That will make this leg- sue this matter and communicate Unit- night of authoritarianism, we should islation that we will pass today merely ed States objections to this Russian not squander our resources, Mr. Presi- a demonstration that this body will law in the many different arenas avail- dent. stand for religious freedom in Russia. I able to us in our engagement with Rus- In the past 2 weeks, we have seen the will stand and applaud him when he ve- sia. However, this vehicle—as it is con- announcement of the historic enlarge- toes this bill. structed—is not appropriate and could ment of NATO. The Russian Govern- But if this bill becomes law in Rus- send matters in a negative rather than ment opposed this, somewhat disingen- sia, Mr. President. Our support for de- positive direction. uously, I believe, because its concerns mocracy in Russia has been dealt per- I think that the most important item left out of the drafting of this amend- where not reflecting the concerns of haps a fatal blow. We should not waste ment is a national security waiver, the Russian people, who are much more our funds promoting democratic devel- which would permit the President to concerned with poverty, disease, and opment on a government that turns waive the provisions of this bill in rampant crime and their Duma’s inces- away from democracy. And if President cases where American national secu- sant political posturing, than they are Yeltsin signs the the bill against reli- rity were at stake. If this provision had of an alliance that has no historic gious rights, Mr. President, I will pray been included, I may have viewed this record of aggression. for Russia. amendment more positively. Among those in the West, there were Mr. BINGAMAN. Mr. President, I rise Again, I believe firmly in the innate today to explain why I cannot support several groups of thinkers who sup- human right to worship as each indi- Senator SMITH’s amendment to the for- ported this move. Perhaps they could vidual sees fit. However, in my opinion, eign operations appropriations bill, S. be referred to as idealists and realists. not only is this particular foreign aid 955, which we are debating here today. The idealists hold a sense of optimism provision an inappropriate vehicle to I believe that Senator SMITH and oth- that believes that the enlargement of send that message abroad but it also ers in this Chamber who vote in favor NATO is an expansion of democratic ties the hands of the President in the of this amendment have good inten- societies, which, history has shown, execution of foreign policy and fails to tions, but this amendment is not struc- have a lesser tendency to go to war allow for waivers which may very well tured in a manner that I can support. with each other. Certainly the history be in the national security interests of This amendment would prohibit the of NATO is clearly that of a defensive the United States. collective organization committed United States from issuing foreign aid The PRESIDING OFFICER. Who solely to its own defense. to the Government of Russia should it seeks recognition? The Senator from The realists focused on an unpredict- enact laws which would discriminate Kentucky. able future and a geopolitical vacuum. against minority religious faiths in the Mr. MCCONNELL. Mr. President, I This temporal and spatial approach, Russian federation. On the surface, this commend the distinguished occupant traditional geopolitics, warns that we is a very well intentioned effort. of the Chair, the Senator from Oregon, do not know the ultimate evolution of I understand and completely support for an excellent amendment. I was in the Russian state. It argues that there the fundamental importance and right the Senate when we started the Rus- is little historical experience of democ- of religious freedom, a constitutionally sian aid program. I would say to Sen- racy in Russia. protected right in our Nation, as I also ator SMITH and Senator HUTCHINSON, The idealists focus on the internal appreciate the importance of other who spoke so eloquently in behalf of aspects of NATO and the expansion of freedoms that we hold dear in the Unit- this amendment, the whole Russian aid democracies. To idealists, the solution ed States such as the freedom of speech program was predicated on the notion to Russia’s concerns about NATO and freedom to assemble. that we were going to have a Russia would occur when Russia is seen to However, Russia and many other na- based on the principles of democracy, have fully demonstrated its evolution tions have not organized their nations free speech and freedom of religion— to rule by democratic institutions. Be- to provide the same degree of freedoms the fundamental underpinnings of our cause would NATO need to defend that our Nation provides. This is not Western society, led by the United against such a Russia? an excuse for other countries; it is just States many years ago when we were I would like to think of myself as an simple fact. To tie our Nation’s foreign largely alone in establishing these idealist, Mr. President. And I support aid decisions too closely to legislative principles; that the new Russia, at the enlargement of NATO because I outcomes in other countries—even ab- least in those very basic respects, was welcome Hungary, the Czech Republic, solutely egregious ones like the Rus- going to be not dissimilar to the Unit- and Poland to the family of democratic sian law which recently passed the ed States on these fundamental free- nations. Their membership in NATO Duma restricting recognized faiths to doms. And, as an enthusiastic sup- will work to preserve their democratic those recognized by the former Soviet porter of Russian assistance, both in accomplishments. Union before 1984, including Orthodox the beginning and since, I can tell you But the developments in Russia—in Christianity, Islam, Buddhism, and Ju- that is not assistance without stipula- particular this bill against religious daism—can have serious unintended tion. It is not assistance no matter how freedom by the Duma—cloud my opti- consequences and disrupt national se- you act. mism. If Russia turns away from de- curity objectives of our Nation. As I said in my opening statement, mocracy in favor of an ill-considered Through legislative actions such as this foreign aid bill this year, if it S7522 CONGRESSIONAL RECORD — SENATE July 16, 1997 stands for anything, it stands for the The amendment is as follows: Having traveled to Estonia twice in notion that foreign assistance is not an At the appropriate place, insert the follow- the past 5 years, I have a very personal entitlement. It is not something you ing: interest in its entry into NATO. The get automatically this year because SEC. . SENSE OF THE SENATE REGARDING ES- people of Estonia, much like their Bal- you got it last year. Foreign assistance TONIA, LATVIA, AND LITHUANIA. tic neighbors, have been under foreign It is the sense of the Senate that Estonia, is designed to promote American inter- Latvia, and Lithuania— rule throughout history. They were ests abroad. Foreign assistance is the (1) are to be commended for their progress ruled by Germans in the 13th century, only way that the Government directly toward political and economic reform and Swedes in the 16th and 17th centuries, impacts overseas, other than sending meeting the guidelines for prospective NATO Tsarist Russia in the 19th century, and in the troops, which is expensive and members; the Soviet Union after World War II. dangerous. But, with the less than 1 (2) would make an outstanding contribu- tion to furthering the goals of NATO and en- With the end of Soviet domination, Es- percent of our budget that we devote to hancing stability, freedom, and peace in Eu- tonians and their neighbors in Latvia this activity, we must use it in a way rope should they become NATO members; and Lithuania are looking to the West that promotes American values as well and for confirmation of their right to inde- as American interests. (3) upon complete satisfaction of all rel- pendence. So, the distinguished Senator from evant criteria should be invited to become Unfortunately, the subject of NATO Oregon and Senator HUTCHINSON, who full NATO members at the earliest possible date. has spoken in his behalf in support of expansion to Estonia, Latvia, and Lith- this amendment, have it exactly right. Mr. GORTON. Mr. President, last uania has become highly controversial. You have it exactly right. This is the week the United States joined with our Many in the United States national se- sort of action that ought to jeopardize European allies to invite three nations curity community believe the Baltics, the Russian aid program. We ought not to join the North Atlantic Treaty Or- lying so close to Russia and within the ganization [NATO]. Hungary, Poland, to be giving assistance to a country area Yeltsin considers to be Russia’s and the Czech Republic are deserving of that, as a result of direct government sphere of influence, should not be con- this invitation. I congratulate them on initiative in what purports to be a de- sidered for NATO membership. Out of their achievements and look forward to mocracy, is seeking to grant religious fear of isolating Russia, the United a strong and lasting relationship with favoritism to certain kinds of religions States and our European allies may the people of these nations. forsake the three tiny nations that did at the expense of the others. Today I offer an amendment with my So, I commend the Senator from Or- so much to promote the collapse of the colleague, Senator DURBIN, and the dis- Soviet Union and the eradication of egon, Senator SMITH, for this outstand- tinguished chairman of the subcommit- ing amendment. I intend to support it. communism throughout Eastern Eu- tee, Senator MCCONNELL, to ensure rope. Now is the time for the United Again, I might say, we are hopeful that that NATO expansion does not stop States take decisive action to rectify a vote on this amendment will occur here. The Madrid summit was only the the past and protect the Baltics from around 12:30. That is not something I first step in our efforts to see to it that any future foreign irredentism. can announce yet, but we are hopeful it the nations of Eastern Europe and the will occur around 12:30. former Soviet Union are brought firm- Future NATO membership for Esto- I would say to my colleague from Or- ly into democracy’s camp. Further ex- nia, Latvia, and Lithuania is essential egon, does he wish additional time to pansion of NATO is essential if demo- to their safety and prosperity. Security discuss the amendment? cratic and economic reforms are to concerns will take precedence over Mr. President, I suggest the absence continue and if communism is to be continued democratic and economic re- of a quorum. The PRESIDING OFFICER. The eliminated entirely from the European forms if the Baltics continue to exist, Continent. clerk will call the roll. unprotected, in the shadow of an in- My amendment expresses the sense of The assistant legislative clerk pro- creasingly nationalistic Russia. the Senate that Estonia, Latvia, and ceeded to call the roll. We must be vigilant, Mr. President, Lithuania should be invited to join Mr. GORTON. Mr. President, I ask in our efforts to extend NATO’s reach NATO at the earliest possible date. unanimous consent that the order for to all democratic nations in Europe the quorum call be rescinded. These three tiny nations, perched be- tween the Baltic Sea and the north- who cannot protect themselves. If we The PRESIDING OFFICER (Mr. ROB- leave these nations exposed to the risk ERTS). Without objection, it is so or- western border of Russia, have made remarkable strides since they gained of foreign invasion and influence, the dered. gains we made in expanding democracy Mr. GORTON. Mr. President, what is independence from the Soviet Union in 1991. Estonia, Latvia, and Lithuania and freedom across the globe will be the status of the bill? vulnerable to erosion. The PRESIDING OFFICER. There have all made significant progress to- are several amendments pending to S. ward the NATO requirements of irre- The United States must continue to 955. versible democracy, free market econo- set an example for the world as a pro- AMENDMENT NO. 893 mies, and civilian-controlled mili- moter and protector of democratic (Purpose: To express the sense of the Senate taries. They have even participated in freedom. As victors in the cold war, we regarding the eligibility for NATO mem- NATO’s Partnership for Peace initia- have never had a greater opportunity bership of Estonia, Latvia, and Lithuania) tive by supplying troops to NATO than this to show democracy’s enemies Mr. GORTON. Mr. President, I ask peacekeeping efforts. The Baltic na- that we have the courage and the will unanimous consent that the pending tions have requested and deserve con- to stand firm against them. We should amendment be set aside, and I send an sideration for full NATO membership. embrace this historic opportunity and amendment to the desk and ask for its From a history wrought with foreign bring every nation deserving of NATO consideration. interventions that tore them from membership into democracy’s fold, The PRESIDING OFFICER. Without their rightful place in the European even those nations closest to the heart objection, it is so ordered. The clerk mainstream and subjected them to the of Russia. will report. heavy hand of communism, the Baltics The assistant legislative clerk read have emerged from the economic and The people of Estonia, Latvia, and as follows: political darkness to embrace democ- Lithuania have been out in the cold long enough. They should be com- The Senator from Washington [Mr. GOR- racy and the free market with unsur- TON], for himself, Mr. DURBIN, and Mr. passed vigor. If these nations are ever mended for the great strides they have MCCONNELL, proposes an amendment num- to continue on the road to democracy made already toward the requirements bered 893. and economic reform, they must feel for NATO membership and would make Mr. GORTON. Mr. President, I ask secure from the possibility of future an outstanding contribution to stabil- unanimous consent that the reading of foreign domination. The United States ity, freedom, and peace in Europe as the amendment be dispensed with. and NATO have an important role to NATO members. It is time the West The PRESIDING OFFICER. Without play in providing that necessary secu- welcome them into NATO with open objection, it is so ordered. rity. arms. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7523

I thank Senator MCCONNELL and Sen- by stating to them that when they are PRIVILEGE OF THE FLOOR ator DURBIN for cosponsoring this im- fully qualified, they will become mem- Mr. MCCONNELL. Mr. President, I portant amendment, and I urge my col- bers of NATO. On behalf of my cospon- ask unanimous consent to permit Les- leagues to vote ‘‘yes’’ on inclusion of sors and myself, I urge the adoption of ley Carson, a fellow working with the the Baltics in NATO. the amendment. minority side of the Foreign Oper- Mr. President, to reiterate, this Mr. McCONNELL addressed the ations Subcommittee, to have floor amendment was proposed by myself Chair. privileges during the pendency of this and by the distinguished Senator from The PRESIDING OFFICER. The Sen- bill. Illinois, [Mr. DURBIN], as an add-on a ator from Kentucky is recognized. The PRESIDING OFFICER. Without week or so ago to the defense author- Mr. McCONNELL. Mr. President, I objection, it is so ordered. ization bill and was accepted by the commend my friend and colleague from AMENDMENT NO. 885 Senate unanimously at that point. Washington, Senator GORTON, for this Mr. MCCONNELL. Mr. President, one The Senator from Illinois and I, and amendment. As the Senator knows of the managers’ amendments we will I believe, with the happy assent of the from previous discussions, I share his be voting on—actually approving on a manager of the bill, Senator MCCON- view that if we were establishing the voice vote at some point during the de- NELL, are presenting it, once again, in parade, the next countries at the front bate—relates to our friends in Egypt. I the glorious aftermath of last week’s of the parade clearly ought to be the want to make a few observations about meeting of the North Atlantic Treaty Baltic countries. As a matter of fact, the current relationship between the Organization in Madrid. as my friend from Washington knows, United States and Egypt. At that meeting, the Czech Republic, we included in the bill $20 million in Since the Camp David accords were Poland, and Hungary were admitted to grants and loans to the three Baltic signed in 1979, United States foreign as- NATO. Several other nations who are countries, just as we provided financial sistance to Egypt has topped $42 bil- applicants to NATO were not admitted assistance last year to Poland, Hun- lion. While some progress has been but were put at least on the road to- gary and the Czech Republic in order to made in the last 16 years, I think it is ward meeting the qualifications for en- help them upgrade their militaries in important to point out the obvious, trance into the North Atlantic Treaty order to seek to achieve a level of ac- which is Egypt’s role has changed and Organization. Slovenia and Romania ceptance for admission to NATO. changed significantly. were put more or less at the front of So I think the amendment of the Let me review the record so there is that parade. But in Madrid, there were Senator from Washington, of which I a better sense of why the bill reported also represented the three small Baltic am a cosponsor, is an excellent addi- from the committee did not include the nations of Estonia, Latvia and Lithua- tion to this debate, and I completely longstanding earmark for Egypt. First and foremost, Senator LEAHY nia, small nations that have been inde- share his views. The countries are most and I tried this year to get our aid pro- pendent for only a relatively short pe- worthy for admission to NATO. We gram off autopilot. Our domestic agen- riod during their long history. have recognized their independence cies and programs have been put Unlike the other applicants for the throughout the cold war. They are through the budget ringer to determine North Atlantic Treaty Organization, doing an awful lot of things correctly. where we could reduce spending. For- these three nations were, in fact, occu- These countries are making enormous eign aid obviously should not be ex- pied by and incorporated into the So- progress, and some have argued that empted from this critical appraisal. As viet Union from 1940, with a pause for they have done every bit as well as we conducted this review, we estab- German occupation, until just a very Hungary, Poland and the Czech Repub- lished very simple tests for evaluating few years ago when they, once again, lic, if not even better. performance. Does the program serve obtained their independence. None of So I commend my friend from Wash- U.S. interests in stability, democracy, those countries has any goal greater ington for his amendment. I think it is and market economies? Are U.S. re- than being recognized as a part of the an excellent amendment. sources well invested and well spent? West, as being free countries, both po- Mr. GORTON. I thank the Senator The basic principle which has guided litically and economically. No set of from Kentucky for his kind remarks. the provision of support in the Middle nations has been more oppressed by The PRESIDING OFFICER. Is there East has been a shared commitment to their neighbors than these three na- further debate on the amendment? the Camp David accords and the pro- tions. None, I think, has a greater dedi- Mr. MCCONNELL. Mr. President, motion of peace. Unfortunately, cation to freedom, to liberty, to de- does the Senator from Washington Egypt’s record over the last 2 years in- mocracy, and to free markets. hope to get a recorded vote on this? dicates a shift away from that commit- This amendment simply states that Mr. GORTON. No, a voice vote will be we hope that these countries will be ment. sufficient. Let me begin by referring to a letter carefully considered for the North At- The PRESIDING OFFICER. If there sent by 25 Senators to President Muba- lantic Treaty Organization at such is no further discussion or debate on rak last July following an Arab sum- time as they have met all of its quali- the amendment, the question is on mit convened in Cairo. fications. The North Atlantic Treaty agreeing to the amendment proposed I ask unanimous consent that the Organization, of course, was formed by the Senator from Washington. letter and the communique issued at originally simply for the defense of the The amendment (No. 893) was agreed the summit be printed in the RECORD West, a task which was overwhelm- to. following my remarks. ingly successful. But as we note the re- Mr. GORTON. Mr. President, I move The PRESIDING OFFICER. Without sponse in the three countries about to to reconsider the vote by which the objection, it is so ordered. be admitted, we find that the goals are amendment was agreed to. (See exhibit 1.) psychic every bit as much as they re- Mr. MCCONNELL. I move to lay that Mr. McCONNELL. Mr. President, let late to any kind of military defense. It motion on the table. me just quote from the letter. The Sen- ratifies the choices that these three The motion to lay on the table was ators said in that letter: new applicants made to be democ- agreed to. We are concerned that the communique is- racies, to be a part of the West, to care Mr. MCCONNELL. Mr. President, I sued at the end of the summit compromises to attempt to catch up, to join what we suggest the absence of a quorum. prospects to advance negotiations with the consider to be the free and democratic The PRESIDING OFFICER. The new, democratically elected government of world. clerk will call the roll. Israel. We believe that limiting or condi- Exactly those same feelings are The legislative clerk proceeded to tioning options for peace discussions with found in the other applicant countries, call the roll. the newly elected government of Israel be- fore its policies have been officially formu- Mr. MCCONNELL. Mr. President, I exactly those feelings are found in the lated damages prospects for peace. Threats Baltics. ask unanimous consent that the order from countries of the Arab League to ‘‘recon- This amendment is a modest way to for the quorum call be rescinded. sider steps taken in the context of the peace encourage those three small nations to The PRESIDING OFFICER. Without process, in relation to Israel’’ do little to en- continue to move in the right direction objection, it is so ordered. hance successful negotiations. .. S7524 CONGRESSIONAL RECORD — SENATE July 16, 1997 The letter went on:. embargo in 1992 when Qadhafi failed to on track and willing to resume being a We are especially troubled that a leader of extradite two terrorists linked to the constructive partner in the Middle your stature created a forum, including Pan Am bombing which killed 270 peo- East peace process. Clearly, Mr. Presi- Libya and Sudan, which question Israel’s ple. The sanctions were extended when dent, that is the key to continued U.S. right to exist. Libya failed to cooperate in the inves- assistance to Egypt. Inviting Libya and Sudan to Cairo to tigation into the bombing of a French EXHIBIT 1 condemn Israel is not the kind of ini- airliner which killed 171 passengers. U.S. SENATE, tiative which serves peace or, for that Sanctions against Libya are not the Washington, DC, July 26, 1996. matter, should be rewarded with an- peculiar position of the United States; His Excellency, MOHAMMAD HOSNI MUBARAK, other $3 billion. they are a matter of international con- President of the Arab Republic of Egypt. The July Cairo summit was followed sensus—international consensus—that DEAR PRESIDENT MUBARAK: We are writing in late September 1996 by an escalation is, with the exception of Egypt. to express our deep dismay about the com- in tension between Israelis and Pal- In May, President Mubarak de- munique issued at the Cairo summit. It had been our hope that heads of state estinians over the so-called tunnel cri- nounced the embargo because, in his sis. When violence erupted in the and representatives of Arab countries at- words, it has ‘‘gone on for too long.’’ tending the June 21, 1996 Cairo summit streets, President Clinton called upon He also challenged international would refrain from statements directed Prime Minister Netanyahu, Chairman charges that Libya has a chemical against the new Israeli government that Arafat, King Hussein, and President weapons capability. Not so, says Muba- might create an atmosphere in the region Mubarak to come to Washington to ne- rak. unfavorable to a continuation of the peace gotiate a solution. Every leader came As recently as January, when I process. We are concerned that the communique is- except Mubarak. Every leader had as joined Senator STEVENS and a number sued at the end of the summit compromises much to gain and certainly a great deal of other Members on a trip to the Mid- to lose if the discussions failed. Every prospects to advance negotiations with the dle East, we heard the Defense Minister new, democratically elected government of leader knew there were costs associ- describe Libya as a country undergoing Israel. We believe that limiting or condi- ated with a high-profile summit which economic reforms and political liberal- tioning options for peace discussions with might not relieve tensions. ization and a key security ally. This the newly elected government of Israel be- Only President Mubarak decided it was the Egyptian Defense Minister dis- fore its policies have ever been officially for- was not worth his time or effort to con- cussing Libya. mulated damages the prospects for peace. tinue a crucial dialogue with the sim- This Egypt-Libya relationship is Threats from countries of the Arab League ple objective of salvaging the peace probably why families of Pan Am 103 to ‘‘reconsider steps taken in the context of the peace process, in relation to Israel’’ do process. After refusing to participate in victims have called my office to ex- this summit, President Mubarak de- little to enhance successful negotiations, and press their support for removing instead may undermine efforts to reach a cided to convene another Arab round- Egypt’s $3 billion earmark. comprehensive peace in the region. table. In March of this year, he called Mr. President, I have chronicled the We are especially troubled that a leader of together the Arab League in Cairo collapse of Egypt’s role in the peace your stature created a forum for Arab where the foreign ministers passed a process not to incite but to invite League countries, including Libya and the resolution which is worth taking a change. We have had a successful part- Sudan, which question Israel’s right to exist. look at. The text read: nership with Egypt which has certainly In light of the past leadership role the Egyp- tian government has played, we had hoped The Council recommends as follows: (1) endured difficulties and setbacks, but stopping all normalization steps which have that Egypt would reach out to the new, they have been on the whole temporary democratically elected government in a way been taken with Israel in the framework of and intermittent. the current peace process, and halting all that would advance the peace process. dealings with it, including closing offices For 18 months we have seen a signifi- Peace in the Middle East Peace can only be and missions. . .and (2) Suspending Arab cant shift in the wrong direction in expanded if the Arab countries remain en- participation in the multilateral talks and Egyptian policies. We have moved from gaged with Israel in the pursuit. We urge the continuing to maintain the primary Arab a road of periodic bumps into a long, government of Egypt and other members of boycott and reactivating it against Israel. deep policy ditch, which we must find the Arab League to work toward that goal. Sincerely, Mr. President, this is not a resolu- our way out of. Mitch McConnell, Barbara A. Mikulski, tion of peace. We should see this just Eliminating the earmark was in- James Inhofe, Carol Moseley-Braun, for what it was as described by the tended to send the signal that our sup- Frank R. Lautenberg, Alfonse M. Arab League’s Secretary General, port will not continue no matter what D’Amato, Daniel K. Inouye, Bob Smith, ‘‘binding’’ and an open declaration of choices Egypt makes. We will not sus- Don Nickles, Joseph I. Lieberman, Paul hostility. tain an ally, and advocate of Libya. It Wellstone, John D. Rockefeller, This summit was followed by a crisis makes no sense to offer assistance to Charles E. Grassley, Tom Harkin, in negotiations over the redeployment opponents of the peace process. Connie Mack, Dirk Kempthorne, Larry I am convinced the message has been Pressler, Phil Gramm, Orrin G. Hatch, of Israeli troops in Hebron. There is no Rod Grams, Christopher S. Bond, Arlen question that the Egyptian leadership heard. Coincidental with the Senate ac- Specter, Jon Kyl, Thad Cochran, Olym- consistently and actively worked tion, we have seen senior Egyptian offi- pia J. Snowe. against a resolution of each conten- cials resume constructive and active tious issue. From hot pursuit to the efforts to advance the peace process. I PARTIAL TEXT OF FINAL ARAB SUMMIT use of the Shuhada Road, the message am satisfied, as I am sure the Israeli STATEMENT from Cairo was provocative and coun- leadership is, that Cairo has resumed CAIRO, June 23.—Following is a partial text terproductive. the crucial role we know it has, and of the final statement issued by the Arab Finally, and of most alarm, is can play to stabilize the region and se- summit which ended in Cairo on Sunday. Egypt’s relationship with Libya. I men- cure a durable peace. In response to the kind invitation of his tioned the invitation to the Cairo sum- Because I believe good faith is being excellency President Mohamed Hosni Muba- restored, and the goals of the Camp rak, President of the Arab Republic of mit. That is just the tip of the iceberg. Egypt, their majesties, excellencies, high- President Mubarak ended a recent visit David agreement are once again being nesses, presidents and emirs of Arab states to Tripoli announcing the goal of es- served, I will be supporting an amend- convened a summit conference in Cairo in tablishing $1 billion in annual trade ment, which in fact I have already of- the period Safar 5 to 7, 1417, which coincided and a free trade zone, a goal made all fered, which will earmark the re- with June 21 to 23, 1996. the more interesting when contrasted quested level of funds for Egypt. With pan-Arab responsibility as their with the current level of $82 million in But let me just repeat, Mr. President, starting point, the Arab leaders affirmed annual trade with Israel. $1 billion in our assistance to the countries abroad that achieving comprehensive and just peace is not an entitlement. This is not in the Middle East requires that Israel with- trade with Libya, $82 million in trade drew from all occupied Palestinian land, in- with Israel. something you get every year based cluding Arab Jerusalem, and enable the Pal- Let us remember that Libya is the upon having gotten it last year. Amer- estinian people to exercise their right to target of tough U.N. sanctions which ican assistance is geared to behavior. It self-determination and set up an independent imposed an air, arms, and diplomatic is my hope that the Egyptians are back Palestinian state with Arab Jerusalem as its July 16, 1997 CONGRESSIONAL RECORD — SENATE S7525

capital, considering that the Palestinian ing any acts of sabotage which target the MCCONNELL’s position. We were to- question is the essence of the Arab-Israeli state of Bahrain, in the interests of security gether in Cairo at the meetings that he conflict. The Arab leaders also demanded and stability in the region. mentioned. But after consulting with complete Israeli withdrawal from the Syrian * * * * * the subcommittee chairman, Mr. Golan to the line of June 4, 1967, and com- The Arab leaders expressed their hope that plete and unconditional Israeli withdrawal MCCONNELL, we decided the best way to the traditional Arab-Turkish relations and proceed was to come to the floor and from south Lebanon and the western Bekaa joint interests will continue, and in this con- to the internationally recognized borders, in have a discussion. text they expressed their concern at the Turk- I want to now call up the amendment implementation of Security Council resolu- ish-Israeli military agreement and call on Tur- tions 242, 338 and 425, and the principle of key to reconsider this agreement to avoid any- No. 885 that is before the Senate, at the land for peace. On this basis they call for the thing that would affect the security of Arab desk, as I understand it. I ask unani- resumption of negotiations on all the tracks. states. mous consent it be in order to consider ‘‘The commitment of the Arab states to that at this time. pursue the peace process to achieve just and * * * * * The Arab leaders reaffirm their commit- The PRESIDING OFFICER. The Sen- comprehensive peace is a goal and strategic ator has the right to call up amend- choice to the achieved under the umbrella of ment to the need to preserve the unity of international legitimacy and it requires a re- Iraq and their opposition to any policies or ment No. 885 for consideration. That is ciprocal commitment, confirmed by Israel measures which affect its territorial integ- now the pending question. seriously and without ambiguity, and action rity and threaten its borders and national Mr. STEVENS. I want to thank those to complete the course of peace, restoring unity. They demand that the Iraqi govern- who have cosponsored this amendment, rights and occupied land and guaranteeing ment commit itself not to adopt any aggres- in particular Senator MCCONNELL. It is balanced and equal security for all the states sive policies designed to provoke its Arab a managers’ amendment and will re- in the region, in accordance with the prin- neighbors and to finish implementing all the store the balance in the allocation of ciples agreed at the Madrid conference, espe- relevant Security Council resolutions * * * funds for our partners in the Middle cially the principle of land for peace and the All this is the right way to bring an end to the sanctions imposed on Iraq and create the East process. assurances submitted to the parties. The Egypt has had problems. We all know Arab leaders assert that any violation on Is- right atmosphere for it to regain its role in rael’s part of these principles and the fun- the Arab regional system. that. And yet it stands out as one of our Nation’s most important global al- damentals on which the peace process start- * * * * * ed, or backtracking on commitments, under- The Arab leaders believe that the Arab lies. It really is the bedrock of our en- takings and agreements which have been League’s proposal to hold an impartial and gagement with the Arab world. Simply reached in the framework of this process, or just trial of the two (Lockberbie) suspects by put, Mr. President, there would have procrastination in implementing them would Scottish judges under Scottish law in The been no Middle East peace process lead to a setback in the peace process, with Hague, with the necessary guarantees for without commitment of Egypt and the all the dangers and repercussions that this them * * * represents an appropriate prac- personal leadership that was displayed implies, taking the region back to the cycle tical solution leading to an end to the crisis. by President Sadat, and then by Presi- of tension, which would force all the Arab They call on the three Western states to states to reconsider the steps that have been dent Mubarak. take a positive attitude towards this pro- I say this not just as an advocate of taken towards Israel in the framework of the posal * * * peace process, full responsibility for which the peace process but as a Senator who Israel alone would bear. * * * * * has traveled many times to the Middle At the same time as the Arab leaders con- * * * * * East. I have witnessed Egypt’s evolving demn attempts to pin the charge of terror- role. During the gulf war, Senator In order to make the peace process succeed ism on legitimate national resistance, they on the Syrian, Lebanese and Palestinian condemn all forms of acts of terrorism, sabo- INOUYE and I made two trips to that re- tracks, the Arab leaders call on the sponsors tage and anarchy of which a number of gion, one at the request of the Presi- of the peace process, the European Union, states are victim. dent of the United States, to assess Japan, the non-aligned states, other inter- what was happening with regard to our * * * * * ested states, the United Nations and inter- military plans, and to meet with our national organisations and institutions to It was agreed that: His Excellency President Mohamed Hosni key allies. We found, then, in President work to ensure that Israel does not violate Mubarak, a friend and a leader who the fundamentals of the peace process, ful- Mubarak, President of the Arab Republic of fills the undertakings to which it has given Egypt, as chairman of the present summit, will aligned his great nation with the alli- a commitment, whether related to the agree- carry out the necessary contacts and consulta- ance, and when he did, he brought the ments on the transitional stage or to the tions with the Arab leaders and the Secretary rest of the Arab world along. In the final status negotiations * * * and to con- General of the League of Arab States to follow years since the gulf war, Egypt has re- tinue to provide the necessary political and up and agree on holding the next summit. mained at the center of our Nation’s ef- economic support to the Palestinian people Mr. McCONNELL. Mr. President, I forts to maintain calm in the gulf area and their National Authority. In this con- ask unanimous consent that Senator and to advance the peace process. text the Arab leaders said the Israeli block- ABRAHAM be added as a cosponsor to As Senator MCCONNELL said, earlier ade imposed on the Palestinian people must the Egypt amendment which I was just this year, we had a delegation that be ended. discussing, which is No. 885. went to Israel, Jordan, Gaza, Egypt, * * * * * The PRESIDING OFFICER. Without Kuwait and Saudi Arabia. Mr. Presi- The Arab leaders affirm their support for objection, it is so ordered. dent, at each stop I became more aware Lebanon as it faces constant Israeli attacks Who seeks time? on its territory, peace and sovereignty and of and convinced of trying to do every- Mr. STEVENS addressed the Chair. thing we can to assure the continu- asked the international community to en- The PRESIDING OFFICER. The Sen- sure an immediate and unconditional ces- ation of our 20-year partnership with sation of these attacks. ator from Alaska is recognized. Egypt in the peace process. Mr. STEVENS. Mr. President, let me Now, the things that Senator MCCON- * * * * * begin today by thanking the managers The Arab leaders affirm that Israel must NELL mentioned did happen. But late join the Nuclear non-proliferation Treaty of this bill, Senator MITCH MCCONNELL this spring President Mubarak came to and submit all its nuclear installations to and Senator LEAHY, for their leader- Washington and met with our Presi- the system of international inspection. ship in bringing this bill to the floor so dent and congressional leaders. In * * * * * quickly. They have had a very tough those talks he again showed his per- The Arab leaders express their solidarity job managing the foreign assistance sonal enthusiasm and dedication to the with the sisterly state of Bahrain and their programs that are undertaken by our peace process. It was very evident, as complete support for the measures it has country. In this bill what they have was his determination to keep Egypt taken to strengthen security and stability. produced merits the support of every engaged in that process. They expressed their strong condemnation of Member of the Senate. Based upon the continuum of the interference in the internal affairs of the Mr. President, at the committee track record of Egypt’s support for the state of Bahrain, affirmed that they stand meeting, several Members, including peace process, and my personal experi- with it against any threatening attempts from any party whatsoever and call on Iran myself and Senator BYRD, were not ence working with Egypt on so many to respect the sovereignty of the state of comfortable with the deletion of the vital national security interests, and Bahrain, in the framework of mutual respect earmark for assistance to Egypt. We we do have others, Mr. President, be- and good neighbourly relations, by prevent- certainly do understand Senator yond the peace process itself, I believe S7526 CONGRESSIONAL RECORD — SENATE July 16, 1997 it is imperative that we show the eq- continuum that has taken place, the property, the right to employ religious uity in the identification of funds for friendship and cooperation and the im- workers, the right to produce religious foreign assistance once again this year. portant contributions that Egypt has literature, maintain a bank account, or Maintaining a strong and economically made to the attainment of our goals in conduct charitable and educational ac- developing Egypt is an essential piece the Middle East, I have offered this tivities. According to an article that of this Nation’s total Middle East amendment with my friends. It is a appeared in the June 24 edition of the strategy. managers’ amendment. I do ask that Washington Post, it would sharply re- I believe President Clinton summa- the Senate consider this amendment strict the activities of foreign mission- rized the current state of relations of now. aries in Russia. Egypt very well during President The PRESIDING OFFICER. Is there I hope my colleagues are aware of Mubarak’s visit early this year. Presi- further debate on the amendment of- this. I was not aware of it until my col- dent Clinton said: fered by the Senator from Kentucky? league from Oregon mentioned it to Since the Camp David Accords in 1979, The question is on agreeing to the me. I cannot believe that the Duma Egypt has been a powerful force for peace in amendment. would pass something by such an over- the Middle East. That has continued to be The amendment (No. 885) was agreed whelming vote that would deny reli- true through the last 31⁄2 years—a time of ex- to. gious opportunities to the Russian peo- traordinary progress towards peace and re- Mr. MCCONNELL. I move to recon- ple. Maybe one of the most important peated challenges. Now, as Israel and the sider the vote. of all liberties is the right to worship Palestinians embark on the difficult task of Mr. STEVENS. I move to lay it on permanent status negotiations, as we look to as one would choose. It is guaranteed revive negotiations between Israel and Syria, the table. by the 1993 Russian Constitution. Yet and then bring Lebanon into the process to The motion to lay on the table was they would pass legislation basically complete the circle of peace, we know that agreed to. grandfathering four established reli- Egypt’s leadership will be vital to finish the Mr. STEVENS. Mr. President, let me gions, but outlawing other religions, job. again thank Senator MCCONNELL and such as the Mormon church, the That is President Clinton’s state- Senator LEAHY and their very capable Roman Catholic Church, and untold ment earlier this year about Egypt. staff for all the work they have done, other numbers of minority religions in After 20 years of commitment and in- and to once again urge the Senate co- Russia. vestment in this effort, this is just not operate with these managers of this The Reverend Gleb Yakunin, an or- the time to put at risk all that we have bill the way it has with those who thodox priest, said in a news report achieved. I welcome the support of the managed the defense bill and energy carried by the June 24 edition of the other cosponsors of this amendment and water bill. London Times, that the bill was ‘‘open- and I am sure there are other Members We are working and striving hard to ly discriminatory’’ and ‘‘The bill is ef- who share our concern that our ties to get the bills to conference before we go fectively aimed at reinstating Soviet Egypt remain strong and we continue to August recess. I would like all of religious policy.’’ to foster and support this alliance. them to go to conference, if possible, I believe the reverend’s statement is This is not to say that Egypt should before August. true. I believe putting restrictions on not listen to the words that Senator Mr. MCCONNELL. I just say to my the religions that have recently en- MCCONNELL has delivered here this friend and colleague before he leaves, tered Russia will have the same effect morning and to the statements he we are optimistic we can finish this bill of not allowing many people to prac- made in the committee. I believe we today. We are speeding in that direc- tice their religions. If religions are un- are all grateful to Senator MCCONNELL tion. able to carry out charitable activities, for his willingness to work with us in Mr. STEVENS. I am here to assist. how can members of various churches this matter. If there is to be any AMENDMENT NO. 889 practice their religion? change in our status with regard to Mr. NICKLES. Mr. President, I wish Christian missionaries who are fol- Egypt in this process, I believe it must to speak in favor of the amendment of lowing the admonition of Christ would be done on a bipartisan basis with the Senator SMITH of Oregon, which would not be allowed to do so in Russia. Many President involved. At this time I am try to protect religious liberty in Rus- remember when Billy Graham went to hopeful that will never have to happen sia. I want to compliment my col- Russia several years ago. He had an but, as a matter of fact, the modifica- league from Oregon for this amend- overwhelming reception. Would foreign tion of this bill before the Senate, I ment. In my opinion, it is probably one missionaries not be allowed? Would think, that shows our willingness to go of the most important amendments we people that gather be allowed to repro- back to the process that has been fol- will debate, certainly on this bill— duce materials? I think the reproduc- lowed in the past, I hope, will make a maybe this Congress. tion of materials would be banned significant contribution to the Middle Unfortunately, and I guess most of under the bill that was passed by the East peace process and will help us ad- my colleagues are aware of this fact, Duma. Hopefully, Mr. Yeltsin will not vance the interests of the United the Russian Duma overwhelmingly sign this bill. I think it is extremely States there and in other regions with voted to place restrictions on religious important he not sign this bill. Egypt’s support and collaboration. freedom in Russia, freedoms that were According to Lawrence Uzzell, Mos- I do, however, believe there are rea- both won after the collapse of com- cow representative of the Keston Insti- sons for us to make sure everyone un- munism and guaranteed by the 1993 tute, which studies religious life in derstands, as Senator MCCONNELL said, Russian Constitution. The overwhelm- Russia and Eastern Europe, of the 102 that the provisions of support from ing vote by the Duma is a tremendous Catholic priests and 112 nuns serving in this bill are not an entitlement. These step backward for Russia and for its Russia, all but a handful are foreigners. are funds that are dealt with on an an- people. In fact, Mr. Uzzell reports that a nual basis by our Government, the Sen- The legislation approved by the Catholic priest in Belgorod was re- ate and the House, the full Congress, as Duma would place severe restrictions cently told he could not celebrate mass part of that process. It is my judgment on religions not recognized by the gov- there because his parish is a foreign re- that it has been a bipartisan process ernment in 1982, a time when the So- ligious organization. that has included both the executive viet Government was in power, a time I think this report confirms what I and congressional leaders and leader- characterized by religious persecution suspected, that this bill passed by the ship in the past and I think it should and official atheism. In 1982, as I under- Duma would not only put restrictions continue that way again this year. stand it, the only four religions recog- on these religions, but have the effect I do hope that our friends in Egypt— nized by the Russian Government were of denying the opportunity to many to and I don’t have to hope, Mr. Presi- the Russian Orthodox church, Judaism, practice their religion. dent, I know they have heard Senator Islam, and Buddhism. So I want to thank my colleague MCCONNELL’s statement, and I know As I understand this legislation, it from Oregon for his amendment. Again, they are aware that there have been would deny religions that entered Rus- it may be one of the most important questions raised, but based upon this sia after 1982 the right to rent or own amendments. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7527 What is the effect? It says no money clear materials in Russia. We are not demilitarized zone between North and under this bill, the foreign operations touching that. That is covered by the South Korea, North Korean soldiers ex- bill, will go to Russia if President DOD bill. I encouraged the Senator changed heavy gunfire with South Ko- Yeltsin signs this bill into law or if it from Oregon to consider putting it on rean troops. This is accurately de- becomes law, or if he issues an execu- that bill because I wanted to get their scribed as the most serious clash on tive order that will ban religious free- attention early. President Yeltsin the Korean Peninsula since a North dom as guaranteed under the Russian hasn’t signed this bill—our friend, Korean submarine full of special forces Constitution. President Clinton’s friend, George went aground off South Korea’s coast I think it is a very appropriate Bush’s friend. He hasn’t signed the bill last September. amendment. Some people will argue yet. We want to get his attention be- According to news reports, 14 North this is too heavy of a hammer. I think fore it is too late. This is the proper Korean soldiers crossed the military we need to get their attention. What bill. So it doesn’t have anything to do demarcation line and traveled 70 me- they are doing by outlawing many reli- with Nunn-Lugar money, or national ters into the DMZ. South Korean bor- gions, basically most Christian reli- defense. It does have some money in der guards used a loudspeaker to order gions and organizations, banning those, there for economic assistance. the North Koreans back. When the outlawing those from Russia, I think, As I mentioned, the President’s re- North Koreans failed to respond, South would be a terrible, terrible thing to quest is about $190 million. We prob- Korean soldiers fired some 200 warning happen to the Russian people. They ably won’t fully fund it. But we don’t shots in the air. should not be forced into any religion. have to fund it at all if they are going The North Koreans responded by fir- We should certainly encourage reli- to pass a bill denying religious freedom ing their rifles at the South Korean gious choice and opportunity for all and opportunity for the Russian peo- soldiers, who then directed fire at the the Russian people. ple. North Koreans using rifles and ma- Some will say, what is the effect of So I compliment my colleague from chine guns. North Korean soldiers re- this amendment? This amendment says Oregon for an outstanding amendment. turned fire. And although reports are no economic assistance will be going to I hope we will have an overwhelming in dispute, it appears there was at least Russia if the President signs this bill vote, maybe 100 to 0, in spite of what one mortar round fired by the North or if he issues an executive order which the memo says. Let us have a 100 to 0 Koreans. will ban religious freedom in Russia. vote to show that we believe very The firefight lasted for over 1 hour How much economic assistance does strongly that religious freedom is very before the North Koreans stopped fir- Russia receive? I think last year it was important and we are willing to put it ing and withdrew. $90-some million, and the President re- on the line that we will fight to help Mr. President. Why do I come to the quested $195 million in this bill. It is protect religious freedom throughout floor and talk about an artillery ex- not earmarked, so we don’t have the the world and certainly in Russia. change thousands of miles away? There specific amount. Would this tie the So, Mr. President, I compliment my are several good reasons why Ameri- President’s hands? This would give real colleague from Oregon. I hope all my cans should pay attention to what is leverage to the administration to tell colleagues will support this amend- going on on the Korean Peninsula. Russia, this should not become law. ment. First, I don’t need to remind my col- We need to respect individual reli- I yield the floor. leagues that I am talking about the gious liberty in Russia and not allow— The PRESIDING OFFICER. Who DMZ where 37,000 American troops and certainly not encourage—religious seeks recognition? stand guard across from a 1.1 million liberty to be trampled. I believe we Mr. MURKOWSKI addressed the man North Korean army. should use what economic forces we Chair. Second, according to a GAO report have to ensure this doesn’t happen. We The PRESIDING OFFICER. The Sen- that I requested last year, the United don’t have to give this economic assist- ator from Alaska. States has sent over 115 million tax- ance to Russia. We haven’t done it for Mr. MURKOWSKI. I ask unanimous payer dollars in combined food aid and years. We just started a couple of years consent that the pending amendment to support the Korean Economic Devel- ago. Many of the programs that we are be set aside. opment Organization [KEDO], which is funding in the foreign ops bill are wor- The PRESIDING OFFICER. Without tasked with sending heavy fuel oil to thy programs, where we encourage de- objection, it is so ordered. North Korea and carrying out other ac- mocracy, encourage free enterprise. AMENDMENT NO. 894 tivities under the agreed framework That is very positive. But we don’t (Purpose: To provide conditions for funding signed in October 1994. have to do it. North Korea’s implementation of the nu- Just yesterday, the administration Maybe we should tell them if they clear framework agreement) announced that the United States will are going to pass this kind of bill, we Mr. MURKOWSKI. Mr. President, I donate an additional $27 million worth are not going to do it. If they are going send an amendment to the desk and of surplus grain to North Korea. to pass a bill in Russia to deny Bap- ask for its immediate consideration. And today, in the foreign operations tists the opportunity to distribute ma- The PRESIDING OFFICER. The appropriations bill, there is an addi- terials or to have employees in Russia, clerk will report. tional $44 million appropriated for then maybe we should not be giving The bill clerk read as follows: KEDO, subject to certain conditions them economic assistance. Maybe we that Senator MCCAIN and I added to The Senator from Alaska [Mr. MURKOWSKI] need to use a heavy hammer to get proposes an amendment numbered 894. last year’s appropriation bill. their attention that this is very seri- Now $200 million may be a small Mr. MURKOWSKI. Mr. President, I ous. price to pay to achieve peace on the ask unanimous consent that reading of One of the most important freedoms Korean Peninsula, and I am not argu- the amendment be dispensed with. we have, protected by our first amend- ing about the money per se. But if The PRESIDING OFFICER. Without ment, is religious freedom. It is also there was ever a case of a recipient bit- objection, it is so ordered. protected in the Russian Constitution. ing the hand that feeds it—it is North The amendment is as follows: We should encourage the Russian Gov- Korea. ernment to protect religious freedom, At the appropriate place in Title II, insert Incident after incident—from the the following ‘‘Provided further, That funds submarine incursion to this latest not take it away. So, yes, this is an appropriated under this heading to the Ko- amendment that has a heavy hammer. rean Peninsula Economic Development round of gunfire—is dismissed as ‘‘not It says we are not going to give eco- Organation (KEDO) may only be obligated if intentional’’ or not ‘‘serious’’ enough nomic assistance. the Secretary of State certifies and reports to derail U.S. assistance under the I noticed a memo from the adminis- to the Congress that during the fiscal year agreed framework. After the North Ko- tration in opposition to this amend- the military armistice agreement of 1953 has rean submarine landed on South Ko- ment, which says our assistance money not been violated by North Korea.’’ rean shores, our administration asked is used to reduce the number of nuclear Mr. MURKOWSKI. Mr. President. At for ‘‘both sides to show restraint.’’ I weapons and improve security over nu- 10:40 a.m. Tuesday morning along the was outraged that we asked our South S7528 CONGRESSIONAL RECORD — SENATE July 16, 1997 Korean allies to ‘‘show restraint’’ when If the administration cannot certify which the North responded with a mor- it was their country that had been in- North Korean compliance with this tar and artillery barrage. vaded by commandos. amendment, I think financial assist- My reason for bringing this up is to I understand that right now the ad- ance must come to an end. If the Presi- ensure this latest event involving ministration is preparing a response to dent can make the necessary certifi- North Korea is placed squarely in its this latest violation of the Military Ar- cation that the North Koreans have not proper context. On Monday, the Clin- mistice Agreement. And true to form, violated the Military Armistice Agree- ton administration announced that it the administration is asking once ment of 1953, I certainly would not is doubling the amount of food assist- again that this issue not be ‘‘blown out stand in the way of meeting our com- ance it intends to supply to Pyongyang of proportion’’. Not blown out of pro- mitments to KEDO. But I think the to alleviate some of the suffering from portion? North Koreans should certainly get the the famine resulting primarily from 50 I think we should be outraged at message that they simply cannot con- years of totalitarian rule and exacer- North Korea’s continued belligerent ac- tinue to operate under the theory that bated by intense flooding. I am not tions that are clearly designed to in- anything goes with regard to its com- here to argue against providing food to timidate. The South Koreans did noth- mitment to KEDO. starving people; I am here to reiterate ing wrong today, unless you think de- Mr. MCCONNELL addressed the the futility of expecting humanitarian fending one’s borders and shooting in Chair. gestures to the most belligerent regime self-defense is wrong. I hope the admin- The PRESIDING OFFICER. The Sen- in the world to beneficially affect its istration’s statement recognizes that ator from Kentucky is recognized. behavior. reality and does not even implicitly Mr. MCCONNELL. I say to my friend Nobody knows what is going on in- agree with the North Korean foreign from Arizona, if I could just propound side the minds of North Korea’s lead- ministry propaganda claiming that a unanimous-consent request, then I ers, especially the presumed head of their soldiers were acting in self-de- will yield the floor. government, Kim Jong Il. So thor- fense. It is my understanding it has been oughly closed off to the outside world That is why in offering this amend- cleared on the other side of the aisle as the North Korean Government has ment, Mr. President, I would condition for there to be a vote on the Smith been since its post-World War II incep- further funding—this is the important amendment at 2 o’clock. It is my un- tion, that details on its inner workings part of the amendment—on a certifi- derstanding, based upon a previous have been more elusive than for the So- cation from the President that North agreement, that would also trigger a viet Union during its most closed and Korea has not violated the Military Ar- vote on final passage on the energy and totalitarian period. One incontrovert- mistice Agreement of 1953. water appropriations bill. ible fact remains, however: North Although I have very strong reserva- Therefore, if I am correct about that, Korea has an extraordinarily consist- tions about the agreed framework, I ask unanimous consent that a vote on ent pattern of alternating minor and which I have expressed on this floor the Smith amendment occur at 2 p.m. manipulative gestures of goodwill with from time to time, and particularly be- The PRESIDING OFFICER. Is there acts of terror and provocation toward cause North Korea does not have to objection? its South Korean neighbor unseen any- submit to inspections that were re- Without objection, it is so ordered. where else in the world. quired 5 years ago, for several more Mr. MCCONNELL. I remind my col- To illustrate this pattern of provo- years—and this is in association with leagues there will be two votes, back to cation and terror, I ask unanimous the construction of the light water re- back, at 2 o’clock, one on the Smith consent to submit for the RECORD this actors that Japan, the United States, amendment and one on final passage of list of such individual acts spanning and South Korea are assisting in—I energy and water. the period 1958 to March of this year. have supported continued funding for I yield the floor. There being no objection, the mate- KEDO, subject to specific conditions Mr. MURKOWSKI. Mr. President, it rial was ordered to be printed in the that are spelled out in the bill. But I is my intention to ask for the yeas and RECORD, as follows: now believe that these conditions nays on my amendment that is pend- CONGRESSIONAL RESEARCH SERVICE, should be expanded to ensure that ing. THE LIBRARY OF CONGRESS, North Korea belligerency comes to an The PRESIDING OFFICER. Is there a Washington, DC, March 27, 1997. end. sufficient second? To: If the North Koreans want economic There is not a sufficient second. From: Rinn S. Shinn, Analyst in Asian Af- assistance from the United States, Mr. MURKOWSKI. It is my intention fairs, Foreign Affairs and National Defense they are going to have to learn that to ask for the yeas and nays on my Division. their troops and munitions ought to pending amendment. Subject: History of North Korean Terrorist stay on their side of the border. Their Activities. The PRESIDING OFFICER. Is there a The following chronology is in response to people, unfortunately, don’t have sufficient second? your request for historical information on enough to eat. Many of them are starv- There is not a sufficient second. terrorist activities carried out by the North ing. We continue to help them with Mr. MCCAIN addressed the Chair. Korean government in the past decades. For food assistance and humanitarian as- The PRESIDING OFFICER. The Sen- the purpose of this chronology, we have sistance. Yet, they continue to use ator from Arizona. agreed that the scope of ‘‘terrorist activi- their military to provoke those who Mr. MCCAIN. Mr. President, I am ties’’ should be expanded to cover broadly de- would help them. working and my staff is working with fined other provocative acts and beyond ‘‘the I think it is time for the administra- the Senator from Alaska right now so last 20 years’’ you indicated in your request. I should add that the chronology is selec- tion to stop appeasing this tyrannical that I can cosponsor this important tive. From 1954 to 1992, North Korea infil- and barbaric government that has bru- amendment regarding Korea. We have trated a total of 3,693 armed agents into talized the people of North Korea for some details we would like to iron out South Korea. According to data compiled by more than 45 years. We, in effect, are as to the language of the amendment a South Korean government agency, 2,345 in- supporting a government that would that I am confident we can agree on. filtrators were captured; 1,130 killed; and 218 probably fall by its own weight. I am Mr. President, we all know that there surrendered. The peak years of North Korean not suggesting that it is not a very has been another North Korean-initi- infiltration were 1967 and 1968, accounting dangerous situation with the 1.1 mil- ated altercation in the demilitarized for a total of 743 agents (167 captured; 553 shot to death; and 23 surrendered). Incidence lion men in arms. I am not suggesting zone that separates it from the South. of infiltration has decreased sharply since that the regime isn’t dangerous, in the According to preliminary reports, a 1987 but has not stopped completely (Van- sense of being very unpredictable. But small number of North Korean soldiers tage Point, November 1995, p. 17). If you need they have to get the message that they entered South Korea and refused an further assistance or have questions, please can’t bite the hand that feeds them. We order from the South to withdraw. call me. continue to assist North Korea even When the North Korean soldiers ig- CHRONOLOGY OF MAJOR PROVOCATIVE ACTS BY while that Government continues a nored the verbal warning, the South NORTH KOREA very aggressive posture. Korean soldiers fired warning shots, to Date, activities. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7529 02/1958—North Korean agents hijacked to 07/1977—A North Korean attempt to abduct off the coast of Burma. 115 passengers were Pyongyang a South Korean airliner flying a South Korean couple (Yoon Jong-hee and aboard the flight from Baghdad to Seoul. from Pusan to Seoul; 2 American pilots and wife) failed in Paris. One of the terrorists, who was taken into 24 passengers were released in early March 02/1978—Actress Choi Eun-hee and her film- custody in Bahrain, confessed to the crime, but 8 other passengers remained in the director husband Shin Sang-ok were kid- was tried, and convicted in a Seoul court. North. napped in Hong Kong and taken to 03/1990—Another North Korean tunnel dug 01/1968—a 31-number commando team, dis- Pyongyang. The couple escaped in 1986 while under the DMZ was discovered; this was the guised as South Korean soldiers and civil- on a filming assignment in Vienna. fourth one uncovered since the mid-1970s. ians, reached within 500 yards of President 06/1979—A South Korean student Ko Sang- 05/1992—Three North Koreans, wearing Park Chung Hee’s office/residence complex moon was abducted by North Koreans in the South Korean uniforms, were shot to death (The Blue House) before they were inter- Netherlands. at Cholwon, Kangwondo, south of the DMZ. cepted by South Korean police; 29 comman- 07/1979—A North Korean attempt to abduct 10/1992—A North Korean 400-member spy dos were killed and one committed suicide; Han Yong-gil, an employee of the Korea ring in South Korea, directed by Lee Son-sil one who was captured revealed that their Trade-Investment Promotion Agency (a Political Bureau candidate member of the mission was to kill President Park and other (KOTRA), failed in France. Central Committee of Pyongyang’s ruling senior government officials. 03/1980—Three North Koreans tried to infil- Korean Workers (Communist) Party), was 01/1968—Two days after the commando at- trate the South across the estuary of Han uncovered by South Korea’s Agency for Na- tempt on President Park, North Korea seized River; all were killed. tional Security Planning. The Agency an- the U.S. intelligence ship Pueblo with a crew 11/1980—Three North Korean infiltrators nounced that the agents had infiltrated of 83 officers and men off Wonsan in inter- were shot to death at Whenggando, Cholla through South Korea’s coastlines. national waters outside the 12-mile limit Namdo, South Korea. 03/1993—North Korea announced its inten- claimed by North Korea; the crew was finally 12/1980—Three North Korean agents were tion to withdraw from the Nuclear Non-Pro- released in 12/1968, but not the ship. shot to death off the coast of Kyongsang liferation Treaty rather than yield to the 10/1968—130 sea-borne commandos infil- Namdo, South Korea. International Atomic Energy Agency’s de- trated the Ulchin and Samchok areas on the 03/1981—Of three North Korean infiltrators mands for a ‘‘special inspection’’ of two sus- eastern coast of South Korea; 110 were at Kumhwa, Kangwondo, one was shot to pected nuclear waste storage sites at killed, 7 were captured, and 13 fled. death. Yongbyon, North Korea. 04/1969—North Korea shot down an un- 06/1981—A North Korean spy boat was sunk 12/1993—Vice Marshal Choe Kwang, Chief of armed U.S. EC–121 reconnaissance plane over off the coast of Sosan, Chungchong Namdo; 9 the General Staff of the North Korean mili- international waters, resulting in the loss of agents were shot to death and one was cap- tary (and defense minister, 1995–96), declared 31 lives. tured alive. at a major state function that the military 06/1969—North Korea agents infiltrated 07/1981—One North Korean agent was shot ‘‘has the heavy and honorable task of reuni- Huksan Island off the west coast; 15 were to death in the upper stream of Imjin River, fying the fatherland with guns [emphasis shot to death. while trying to cross the river. added] in the nineties without fail,’’ thereby 12/1969—North Korea hijacked a South Ko- 05/1982—Two North Korean infiltrators revealing not so subtly North Korea’s alter- rean airliner with 50 persons aboard to were spotted on the east coast; one was shot native to its oft-proclaimed policy of ‘‘peace- Pyongyang; in February 1970, it released all to death. ful reunification.’’ 03/1994—For the first time in more than but 11 of the crew and passengers but de- 08/1982—Police in Canada uncovered a two decades, North Korea issue a threat of tained 7 passengers, 1 pilot, and 2 North Korean plot to assassinate President war in an inter-Korean meeting in Panmun- stewardesses and seized the aircraft. The 11 Chun Doo Hwan during a visit to that coun- jom. In response to Seoul’s chief delegate are reportedly still detained in North Korea, try. mentioning the possibility of UN sanctions along with some 450 other South Koreans ab- 10/1983—The explosion of a powerful bomb, against the North for its refusal to accept ducted by North Korea in the past decades. several minutes before President Chun was 03/1970—From 1970 to 1995, North Korea pro- full international nuclear inspections, due to arrive to lay a wreath at the Martyr’s vided sanctuary to 9 members of a Japanese Pyongyang’s chief delegate reportedly shot Mausoleum in Rangoon, Burma (Myanmar), radical leftwing ‘‘Red Army’’ group who had back: ‘‘Seoul is not far away from here. If a killed 17 senior South Korean officials and hijacked a Japanese Boeing 707 airliner to war breaks out, Seoul will turn into a sea of injured 13 who were accompanying President Pyongyang. fire.’’ The ‘‘sea of fire’’ threat rattled South Chun, then on the first leg of a six-nation 04/1970—Three North Korean infiltrators Koreans, already concerned about were shot to death at Kumchon, Kyonggido, Asian tour. Among the killed were; presi- Pyongyang’s perceived attempt to cultivate south of the Demilitarized Zone (DMZ) sepa- dential chief-of-staff and another senior a ‘madman’ image as ‘‘a new psychological rating the two Koreas. presidential assistant; deputy prime min- negotiating tactic’’ designed ‘‘to blackmail 06/1970—A powerful bomb exploded, demol- ister/minister of economic planning; three the US into granting concessions, including ishing the main gate to National Cemetery cabinet members including foreign minister; diplomatic recognition, the lifting of trade (South Korea’s equivalent of Arlington Cem- 3 deputy ministers; and South Korean am- sanctions and the supply of aid for its totter- etery), before President Park’s scheduled bassador to Burma. The bomb was intended ing economy.’’ visit to the place. The incident was linked to for President Chun. Based on initial findings, 06/1994—A North Korean attempt to abduct North Korean elements. Seoul accused Pyongyang of masterminding a South Korean professor, Lee Jin-sang, from 01/1971—A North Korean attempt to hijack the mass assassination, an accusation North an Ethiopian university in Addis Ababa was a South Korean Airline F–20 passenger plane Korean leader Kim Il Sung dismissed as a foiled. flying from Seoul to Sokcho on the east ‘‘preposterous slander.’’ President Chun 08/1994—North Korea’s foreign ministry de- coast was foiled. termed the mass assassination as ‘‘a grave clared: ‘‘We will never allow the [special] in- 08/1974—President Park Chung Hee’s wife provocation not unlike a declaration of spection of the military sites at the expense was killed during another attempt on his war,’’ and warned the North that ‘‘should of our sovereignty in order to receive light- life. A member of a pro-North Korean group such a provocation recur, there would be a water reactors. Another conflict cannot be in Japan who entered Seoul as a tourist fired corresponding retailiation in kind.’’ Two sus- avoided, if they [South Korean and Japanese several shots at Park at a major public func- pects arrested and tried in the Rangoon Divi- authorities] continue trying to complicate tion; Park escaped unhurt, but the First sional Court turned out to be a North Korean matters, citing the ‘special inspection’ that Lady was hit by stray bullets and died sev- army major and captain. On November 4, we have never allowed and cannot allow in eral hours later. Burma broke off diplomatic relations with the future either.’’ (The North Korean-U.S. 09/1975—Two North Korean infiltrators North Korea. In 02/84, the Burmese Supreme ‘‘agreed framework’’ of October 1994 to the were intercepted at Kochang, Cholla Pukdo; Court sustained the death penalty handed contrary, North Korea continues to maintain one was shot to death. down by the lower court. that the special inspection is out of ques- 06/1976—Three North Korean infiltrators 09/1984—A North Korean agent killed 3 resi- tion—a portent of what might be called ‘‘a were shot to death in the eastern sector dents of Taegu, South Korea, and committed special inspection crisis’’ several years down south of the DMZ. suicide. the road or around 2003). 08/1976—A group of North Korean soldiers, 10/1984—A North Korean spy ship was 05/1995—North Korean patrol boat fired on wielding axes and metal pikes, attacked a chased off the coast of Pusan, South Korea, a South Korean fishing vessel, killing three U.S.-South Korean tree-trimming team in a but eluded capture. South Korean fishermen; North Korea re- neutral area inside the DMZ at Panmunjom, 01/1998—A North Korean attempt to abduct leased 5 other fishermen in December 1995 killing 2 U.S. army officers and wounding 4 a South Korean citizen (Yoon Taek-shik) through Panmunjom. American enlisted men and 5 South Korean failed in Hong Kong. 06/1995—North Korean soldiers threatened soldiers. In a message to UN Commander 08/1997—Lee Chae-hwan, a South Korean the captain of a South Korean vessel with General Richard G. Stillwell, North Korea’s student enrolled in an American school, was harm in a North Korean port unless he hoist- Kim Il Sung described the incident as ‘‘re- abducted by North Koreans while on a visit ed the North Korean flag while the vessel grettable’’ without admitting North Korean to a European country. was there to deliver a South Korean humani- responsibility for what the U.S. government 11/1987—A bomb planted by two North Ko- tarian rice shipment to the North. condemned as a ‘‘vicious and unprovoked rean terrorists on a Korean Airline Boeing 07/1995—A team of three North Korean murder’’ of the officers. 707 exploded in midair over the Andaman Sea agents abducted a South Korean missionary, S7530 CONGRESSIONAL RECORD — SENATE July 16, 1997 the Reverend An Sung-un, in southern Man- After being in coma, Lee died a week later in the world that we act as responsibly as churia and transported him to North Korea. a Seoul hospital. possible when allocating these scarce Reverend An currently remains in the North. 03/1997—Japan’s daily newspaper Sankei resources. That is why I continue to 08/1995—North Korea seized a South Korean Shimbun, based on an interview with a oppose the practices of adding to the rice delivery vessel and arrested its crew in former South Korean agent An Myong-chin a North Korean port after a South Korean (who defected to South Korea in September bill funds for programs of questionable crewman took photographs from the ship. 1993), reported that in 1977, Megumi Yokota, merit and of earmarking for specific The ship was released in 12 days after the a 13-year-old Japanese school girl was ab- institutions without regard for broader South Korean government sent a message to ducted in Niigata City to North Korea for U.S. national security interests. the North, expressing ‘‘regret’’ over the use as a teaching aide at a North Korean As an elected representative from a photographing incident. school for spy training. Japanese authorities State with considerable agricultural 10/1995—Two armed North Koreans were disclosed that An’s description of the girl intercepted at the Imjin River just south of matched the profile of a girl reported miss- interests, I am fully aware of the im- the DMZ; one was shot to death and the ing in Niigata, Japan. portance of properly administered agri- other escaped (This incident happened at a cultural programs. Do we honestly ex- Mr. MCCAIN. Mr. President, it is a time when South Korea was sending humani- pect, however, the American public to tarian rice aid to North Korea). list worthy of Stalin, the butcher of millions of his own people and the So- adopt a less confrontational posture 10/1995—Two North Korean agents were vis-a-vis their elected representatives intercepted at Puyo, about 100 miles south of viet leader who installed Kim Jong-Il’s when we continue to earmark funds for Seoul; one was shot to death and the other father, Kim Il Sung, in power following was taken alive. The captured agent dis- the end of the Second World War. This the International Fertilizer Develop- closed that he had infiltrated into South list includes numerous instances of ment Center in Alabama. Not only does Korea two months earlier, with a mission to North Korean agents infiltrating the the bill before us earmark $3 million contact anti-government dissidents and poli- South to conduct assassinations, with for the center, this amount represents ticians and the organization of underground a 50-percent increase over fiscal year cells. the most recent occurring last Feb- ruary; causes of agents kidnapping or- 1996. Is the chemical makeup or molec- 04/1996—A total of four hundred North Ko- ular structure of fertilizer changing so rean troops crossed the military demarca- dinary Japanese citizens off of the tion line of the DMZ at Panmunjom and else- beaches of their own country as well as much that we need to actually increase where in violation of the Korean armistice South Koreans, who are smuggled to appropriations for the Fertilizer Devel- agreement, after Pyongyang’s unilateral an- North Korea for imprisonment and in- opment Center? nouncement that it no longer would abide by terrogation; armed soldiers crossing As usual, although admittedly to a the terms of the armistice. lesser extent than in years past, the 05/1996—Seven North Korean soldiers the border between the two countries crossed the military demarcation line into to provoke fire fights, such as appar- bill recommends or directs funding for the southern half of the DMZ, facing South ently occurred this morning; special specific universities, including the Uni- Korean defensive positions just south of the forces infiltrating the South through versity of Hawaii for the training of DMZ, but withdrew when South Korean tunnels dug beneath the DMZ; and the health and human service profes- troops fired warning shots. naval incursions, most recently the sionals; the University of Northern 05/1996—Five North Korean naval patrol September 1996 submarine that was Iowa for teacher education in Slovakia; craft crossed into South Korean territorial grounded off the South Korean coast and George Mason University, also for waters off the east coast in an area des- health care. Montana State University ignated as South Korean waters under the with the ensuing loss of considerable armistice accord but withdrew after four life due to the will of the North Korean continues to fare well in foreign oper- hours of a standoff with South Korean naval commandoes who debarked from the ations appropriations bills. In the past, vessels. A similar three-hour incursion by sub not to be taken alive. it has received funding for pest control. three North Korean craft in the same area I highly recommend my colleagues This year, it is supposed to receive occurred on June 14, 1996. take a few minutes to review this list. funds for crop eradication, specifically 07/1996—A North Korean spy was captured It is the ultimate commentary on the opium poppy, coca, and marijuana. in Seoul after posing as a Filipino professor Laudable goals, but why the earmark? for 12 years. Chung Su Il (alias: Mohammed nature of the North Korean regime. It Kansu), 62, told police that ‘‘scores, perhaps is a window into the soul of that coun- I do not question the value of some of hundreds’’ of North Korean spies were oper- try’s rulers. It is a warning against these programs; I do question whether ating in the South. misjudging the North’s periodic ges- they require or deserve funding from 09/1996—A disabled North Korean sub- tures of goodwill that are inevitably, the U.S. Treasury or cannot be com- marine was spotted bobbing off the shore at most, tactical responses to their peted among contending institutions near the city of Kangnung. Twenty six North own self-induced social calamities or and organizations. Korean military personnel landed on the east coast from the submarine that was found to continued efforts at undermining the Other recommendations and ear- be on an espionage/reconnaissance mission. relationship between South Korea and marks of questionable merit included Eleven of the infiltrators were shot to death the United States. in this bill are $15 million for the Office by North Koreans; 13 others refused to sur- Mr. President, I now want to discuss of Women in Development, which is render and were killed; one was captured and the bill very briefly itself. hardly necessary with simple instruc- one escaped. During the South Korean hunt Mr. President, I appreciate the oppor- tions to our own Agency for Inter- for the infiltrators, North Koreans killed 11 tunity to address the Senate on the national Development; $500,000 for the South Korean military personnel and civil- subject of the fiscal year 1988 foreign U.S. Telecommunications Training In- ians and wounded five others. 10/1996—Choi Duk Keun, a South Korean operations appropriations bill. As has stitute for communications and broad- diplomat, was murdered in Vladivostok, Rus- been noted numerous times by Mem- cast training; and $15 million over 5 sia, following a North Korean threat to ‘‘re- bers of this body, the end of the cold years for the International Foundation taliate’’ for the submarine incident. Cir- war had the unwelcome effect of creat- for Education and Self-Help, which cumstantial evidence initially pointed to ing a vacuum into which all manner of trains teachers and bankers. I was also North Korean complicity in the murder, and ethnic, religious, and territorial con- interested to see in the report accom- later autopsy results showed that poison flict has been permitted to emerge. In panying this bill a recommendation to found in Choi’s body was the same type of poison carried by North Korean infiltrators addition, the continuous problems of AID that it work with Science and from the grounded submarine in September. combating famine, disease, and other Technology International to further 02/1997—In Seoul, South Korea, Lee Han- problems afflicting many nations of development of the advanced airborne yong was assassinated by two hit men be- the world ensures that the global re- hyperspectral imaging system, which is lieved to be North Korean agents. Nephew of sponsibilities of the executive and leg- intended to facilitate the monitoring North Korean leader Kim Jong Il’s former islative branches of the Government of environmental degradation and dis- wife, Song Hye-rim, Lee had defected to the remain substantial, particularly rel- aster mitigation and aid in the protec- South in 1982. The shooting took place three ative to the resources available with tion of wetlands and management of days after Hwang Jan-yop, a high ranking North Korean party official, walked into the which to address them. littoral regions. Does any of this over- South Korean consulate in Beijing to defect It is for these reasons that we owe it lap with the $60 million the bill ear- to the South—a possible warning to Hwang to the American public and to those marked for the Global Environment and other would-be defectors to the South. less fortunate than ourselves around Facility. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7531 Once again, I applaud the goal, but the practice of earmarking continue. Mr. ROBERTS. Mr. President, I have question whether we should be specify- At least, though, the long-term trend a unanimous consent on behalf of the ing programs, directly or indirectly, has been in the right direction. leader. without the benefit of a competitive Mr. President, I ask unanimous con- Before I make that unanimous con- process or adequate knowledge of sent that a list of programs in the bill sent request, I would like to thank the whether similar capabilities are al- that I find objectionable be printed in Senator from Arizona and the Senator ready or imminently available in the the RECORD. from Alaska in reference to the amend- private sector. I further note that this There being no objection, the mate- ment concerning our policy with North is the second bill this week to include rial was ordered to be printed in the Korea. Senator MCCAIN has pointed out funding for this program: The Defense RECORD, as follows: the situation that now exists with an- appropriations bill included $2 million OBJECTIONABLE PROGRAMS IN THE FOREIGN other flare-up of hostilities on the DMZ for the advanced airborne OPERATIONS APPROPRIATION BILL FOR 1998: between South Korea and North Korea. hyperspectral imaging system. TITLE II—BILATERAL ECONOMIC ASSISTANCE Some time ago—about 4 months—I I have already referred to funding for PROGRAMS WITH FUNDS EARMARKED was privileged to take part in a delega- agricultural programs in the bill that In millions tion with Senator STEVENS. Senator warrants skepticism. With funding also American Schools and Hospitals: STEVENS, Senator DOMENICI, Senator directed toward the Farmer-to-Farmer American University in Beirut, INOUYE, Senator COCHRAN, and myself Program and the Soils Management Lebanese American University, Ha- were the first American congressional Collaborative Research Support Pro- dassah Medical Organization, delegation allowed into North Korea. Feinberg Graduate School in Israel, gram, I wonder whether it isn’t time to We went to North Korea with a spe- and Johns Hopkins University (Bo- cific purpose. We know that country is take a closer look at the proliferation logna, Italy, China) ...... $15.0 of programs to determine whether they U.S. Telecommunications Training hard hit by a famine, and that the situ- are all necessary or overlap in func- Institute ...... 0.5 ation is very real. We wanted to en- tion. University Development Assistance courage the North Koreans, in coopera- Finally, Mr. President, I would like Programs: University of Hawaii, tion with Ambassador Richardson, the to briefly address the Buy-America University of Northern Iowa, and State Department and the administra- provisions of the bill. The American George Mason University ...... 2.0 tion, to participate in the four-party International Fertilizer Development peace talks. public understandably abhors active Center ...... 3.0 participation by its Government in en- International Foundation for Edu- Since I have had the privilege of couraging U.S. companies to relocate cation and Self-Help: Human re- being the former chairman of the to foreign countries where labor and source development in sub-Saharan House Agriculture Committee and materials are cheaper. Section 538 of Africa ...... 15.0 serve on the Agriculture Committee the bill addresses this concern. Para- PROGRAMS FOR WHICH THE COMMITTEE here in this body, I wanted to encour- graph (b) of this provision may go too RECOMMENDS FUNDING age the North Koreans to explore every far, however, with the ultimate impact Advanced Airborne Hyperspectral Imaging opportunity for normal trading rela- of impeding economic growth where it System: Monitors Wetlands and Littoral tions—that is, to explore the possibil- is seriously needed while degrading the Zones. ity of commercial trade and third- benefits that accrue to the American Farmer-to-Farmer: Overseas Cooperative party agreements that would alleviate Assistance Program, specifically in former their situation. economy through free trade. Specifi- Soviet Union. cally, the paragraph in question pro- Pushchino Project: Promotes economic de- I think we made some progress. I hibits the use of funds for the purpose velopment in South Central Russia. think we tried to make our point that of, Mongolia: Academy of Natural Sciences in these kind of negotiations, these kind . . . establishing or developing in a foreign Philadelphia, PA, to provide technical advice of contacts, would certainly open up country any export processing zone or des- on infrastructure development. new doors of cooperation only to find ignated area in which the tax, tariff, labor, Biological Control of Illicit Drug Crops: out, however, that now just at the time environment, and safety law of that country Research at Montana State University in the the administration is announcing a do not apply, in part or in whole, to activi- development of plant pathogens. Pulsed Fast Neutron Analysis: Supports doubling of the humanitarian food as- ties carried out with that zone or area, un- sistance to North Korea we see another less the President determines and certifies joint funding for this technology. COMMERCE AND TRADE repeat of these hostilities. that such assistance is not likely to cause a I remember well in meeting with the loss of jobs within the United States. Sec. 513. Restricts funds for testing in connection with the growth or production in South Korean Government officials The Presidential certification proc- when South Korea sent a ship full of ess established by this provision will a foreign country of an agricultural com- modity which would compete with commod- grain and other food shipments to the create, I suspect, the same problems as ities grown in the United States. North. The North simply confiscated do other certifications processes. As Sec. 514. Restricts funds for foreign pro- the ship, took down the South Korean countries evolve over decades and cen- duction or extraction of any commodity or flag, raised the North Korean flag, took turies and economies reflect that evo- mineral for export if its surplus on the world all of the personnel involved, and had lution through industrialization and market will cause substantial injury to Unit- them incarcerated for about 10 days, ed States producers of the same, or similar service-oriented dominance, and as free and then finally let those folks go back trade policies account for substantial commodity. Sec. 538. Restricts funds that would pro- to South Korea. That to me is not a proportions of economic growth, inevi- vide any financial incentive to a business in very willing partner in an effort to re- tably jobs are lost in certain areas. It the United States considering relocating lieve any kind of famine. has never been any different. We have outside of the United States if it is likely to Quite frankly, when we were in North also seen the benefits to the very peo- reduce the number of employees in the Unit- Korea they were conducting a military ple we purport to help of free market ed States. exercise at the time that we were economic zones in countries with oth- Mr. McCAIN. I thank my friend, Sen- there, and wasting, as far as I am con- erwise centrally controlled economies. ator MURKOWSKI, from Alaska for pro- cerned and any other observer, valu- It is such zones that facilitate the posing an amendment that has to do able dollars that could have been pro- greatest economic growth and that are with the very serious situation in vided to their own people who are suf- more prone to exhibit liberal social and Korea, and frankly the part of Ameri- fering. This is a repressive regime—a political transformations consistent ca’s foreign policy that I think is de- theocracy, if you will—that is punish- with our own national values. To adopt serving of significant criticism. I think ing their senior citizens and their very a provision designed to impede such history will show that this entire issue young—putting them through a famine progress is not in our national interest. of North Korea has been mishandled by at the same time that they are asking There is room for improvement in this administration. us for this kind of assistance. this bill that I hope will occur when Mr. President, I yield the floor. Question: Will these funds go to the the Appropriations Committees of the Mr. ROBERTS addressed the Chair. purpose that it should go to, or will respective Houses of Congress meet in The PRESIDING OFFICER (Mr. they go to simply reinforce a very re- conference. It is discouraging to see COATS). The Senator from Kansas. pressive military? S7532 CONGRESSIONAL RECORD — SENATE July 16, 1997 These are questions that should be foreign policy and national security. I agencies. We were able to provide $60 answered. And I think with the latest think all of us owe him a debt of grati- million for the global environment fa- flare-up on the DMZ Senator MURKOW- tude for that. I take the attitude, cility. The GEF plays a central role in SKI and Senator MCCAIN have made an which is the attitude of all Vermonters protecting international waters and excellent amendment, and I hope we ahead of me, that in foreign policy biodiversity, replacing ozone depletion. would consider it and I hope it will be matters especially we should try to de- It is a step in the right direction. I improved. velop bipartisanship. The distinguished would like to see a United States con- UNANIMOUS-CONSENT AGREEMENT—S. 1004 senior Senator from West Virginia and tribution to the African Development In behalf of the leader, I ask unani- the distinguished senior Senator from Fund. I would like to see more funds mous consent that the bill, S. 1004, be Alaska did that in developing the allo- for voluntary peacekeeping, disaster considered read a third time, that the cation in this bill. While I am the only relief programs. vote on passage occur as under the Member of my party ever to be elected There were some hard choices. I original consent, and additionally the from the State of Vermont, I look back point out to people that most programs bill not be engrossed, that it remain at to distinguished predecessors as Sen- that did not receive full funding, and the desk pending the receipt of the ators from Vermont who always tried they are relatively few, were distrib- House companion measure; I further to develop that bipartisanship in for- uted fairly evenly across the various ask unanimous consent that when the eign policy. This bill appropriates addi- accounts here. House companion measure is passed tional funds for development assistance I have other areas of concern, and I pursuant to the previous order, the in microenterprise, health and edu- will speak to those when the time passage of S. 1004 be vitiated and that cation, agriculture, and many other ac- comes. S. 1004 be indefinitely postponed. tivities supported strongly on both I say only this in closing, Mr. Presi- The PRESIDING OFFICER. Is there sides of the aisle—a special fund for dent. We have a tremendous oppor- objection? combating infectious diseases. I thank tunity to influence economic and polit- Without objection, it is so ordered. the distinguished chairman of the sub- ical events around the world, but diplo- Mr. DORGAN addressed the Chair. committee for that. macy costs money. It is money to sup- Mr. DORGAN. Mr. President, I ask This is an area that I was particu- port programs that will in a very real unanimous consent that Matthew larly concerned about. We have seen an way determine what kind of world our Goldenberg, Danette Lince, Joshua alarming increase in TB and other dis- children’s grandchildren live in. We are Spellman, and Katherine Ruth be given eases that were once thought to be the most powerful nation in the world, floor privileges today. under control, new viruses like Ebola. the greatest democracy history has The PRESIDING OFFICER. Without These pose a threat to America. You ever known, and we have a responsibil- objection, it is so ordered. might ask what American interest is ity to the rest of the world because of Mr. MURKOWSKI. Mr. President, I there in that in a foreign aid bill. It is that. We do not live in isolation, and have an amendment pending, and I had very simple. These funds will help this bill helps us say that. asked for the yeas and nays some time monitor and combat these diseases. A Mr. President, I do not see others ago. There was a question, and I would microbe does not stop at a border and seeking the floor, so I suggest the ab- like to again ask for the yeas and nays get a visa before it moves on to the sence of a quorum. on my amendment on North Korea. next country. Microbes and viruses, The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a diseases, some of the most horrendous clerk will call the roll. sufficient second? There is a sufficient diseases known in our lifetime, trav- The assistant legislative clerk pro- second. eled freely across borders. ceeded to call the roll. The yeas and nays were ordered. In an era where a Member of Con- Mr. DURBIN. Mr. President, I ask Mr. MURKOWSKI. I thank the Chair gress does much traveling, we see how unanimous consent that the order for and I thank my colleague. people can be, for example, in Kenya the quorum call be rescinded. Mr. LEAHY. Mr. President, because and be back in Washington in a matter The PRESIDING OFFICER. Without of a meeting with the President and of long hours, but it is possible to trav- objection, it is so ordered. the Vice President, I was unable to be el that way, sometimes perhaps arriv- The Senator from Illinois. here for the opening of this bill, and I ing even a few minutes later than they Mr. DURBIN. Mr. President, I rise to did want to make note of a couple might have liked, but being able to ar- speak to the legislation now pending items. rive. before the Senate on three topics that First, I do commend my friend from I should note for the RECORD that are much different in nature, but I Kentucky, Senator MCCONNELL, who this reflects sort of a private joke be- think reflect the diversity of the sub- has put together a bill which I believe tween the distinguished Presiding Offi- ject matter of this important legisla- both parties, both Republicans and cer, my good friend, and myself. But tion. Democrats, can and should support. I the point is people do travel and, un- NATO ENLARGEMENT ASSISTANCE should note that last year the foreign like the old days when you looked at a At the outset, let me join with my operations bill passed the Senate by a different continent one would never colleague, Senator GORTON of Washing- vote of 93 to 7, which is pretty darned visit, now we go back and forth, and ton, who has offered a sense-of-the-Sen- good for such a piece of legislation. diseases do, too. ate amendment in his name and mine, This year’s bill I think will pass by an My wife, who works as a registered asking that Lithuania, Latvia, and Es- even higher margin. nurse, sees far, far more patients with tonia be invited to become full NATO I thank the chairman of the full com- TB today than she had seen a decade members at the earliest possible date. I mittee, Senator STEVENS, and the sen- ago. We see far more diseases that we have addressed this issue before on the ior Democrat on the committee, Sen- thought had disappeared popping up State Department authorization, and it ator BYRD, for providing us with an al- again. What we want to do is have was adopted by the Senate in similar location that has made it possible to money in here to help us monitor coun- form. fund many of the administration’s for- tries where these diseases are coming The amendment states the sense of eign policy priorities, in fact, most of up, help the world organizations most the Senate that Lithuania, Latvia, and the priorities of Members of the Sen- involved in this to isolate and quar- Estonia are to be commended for their ate, and that is extremely important as antine and help eradicate diseases be- progress toward political and economic we go into conference with the other fore they travel into our country or reform and meeting the guidelines for body. other countries. prospective NATO members; that these For the past 3 years, Senator MCCON- I also appreciate what has been done three countries would make an out- NELL and I and Senator LUGAR and oth- to fund IDA. Even though it is $950 mil- standing contribution to furthering the ers have argued that U.S. leadership lion, it is close to and goes a long way goals of NATO and enhancing stability, costs money. Senator MCCONNELL has toward meeting our past commitments. freedom, and peace in Europe should fought efforts in the House to cut fund- The same goes for UNICEF, a favorite they become NATO members; and they ing for programs that are vital to U.S. organization of mine, and other U.N. should be invited to become full NATO July 16, 1997 CONGRESSIONAL RECORD — SENATE S7533 members at the earliest possible date. poverty, hunger and disease. It is not So I hope those who are supporting The recent NATO summit in Madrid re- about abortion. It is about preventing this legislation, as I am, understand sulted in the member nations inviting abortion. It is estimated that un- that its investment and commitment Poland, Hungary, and the Czech Repub- wanted pregnancies lead to 50 million to international family planning and lic to join NATO. This was a dramatic abortions every year—abortions that also the children’s program is money breakthrough. I think it signaled the might have been prevented by family well spent, not just for the humani- end of the cold war and a new era in planning. tarian purposes which I have outlined the world, with those who had been our International family planning lit- but for very selfish reasons, for the fu- adversaries for literally decades now to erally saves the lives of children and ture of the United States. If we start to become our allies. We are seeking, with their mothers by increasing the time stabilize world population, we can also this amendment, Senator GORTON and between births and helping women to help to stabilize political situations myself, to increase that number of new avoid high-risk pregnancies. It is esti- and hope as well that we will bring NATO members by at least three, by mated that preventing closely spaced that kind of quality of life around the including the Baltic nations. births and pregnancies to very young world that we enjoy in most parts of I can tell you from recent visits to mothers can save the lives of 3 million the United States today. Lithuania that they feel this is the sin- babies a year. That would be a 25 per- SCHOOL OF THE AMERICAS gle most important foreign policy chal- cent reduction in worldwide child mor- Mr. President, the final issue which I lenge which they face. They want to tality. will address in this moment on the make it clear that they look to the International family planning makes floor is in relation to an amendment West; they share our values. They are it possible for poor nations to provide which I am prepared to offer today but interested in this type of NATO ar- better nutrition, health care and edu- will not. It is an amendment which has rangement, which is not offensive in cation. been considered time and again in the strategy but, rather, seeks peaceful About 6 years ago, I joined my House House but has not been considered in resolutions, and they are hopeful that colleague, the late Congressman Mike the Senate. I had thought that it was this will create a new era of oppor- Synar of Oklahoma, on a trip to Ban- time to call up this amendment, but tunity for them. gladesh. It was an amazing educational after discussions with my colleagues This amendment is consistent with experience. One of the poorest coun- we have decided to wait until next current laws and programs, and I be- tries in the world, Bangladesh seems to year’s appropriations bill to address it. lieve that it is one the administration be living under a dark cloud. If there is What I am speaking to is a project can embrace. It is clearly not only in a natural disaster to occur, it is usu- known as the School of the Americas. our best interests in the United States, ally occurring in Bangladesh. And The School of the Americas was estab- but certainly in the best interests of these poor people who eke out a living lished over 50 years ago to provide the Baltic States, which are still in a are often victimized by these disasters. military education and training to very precarious position. Congressman Synar and I went into military personnel of Central America, I thank my colleague Senator GOR- the back country where the roads end South America, and the Caribbean TON for offering this sense-of-the-Sen- and we had to get out of the 4-wheel- countries. Given the breakup of the So- ate resolution on our mutual behalf, drive and start hiking to a little vil- viet Union, the training provided at and I am also grateful to the managers lage where we literally met with 50 this school is no longer appropriate to of the bill for having adopted it. women and their children who were the long-term goals of the United States or Latin America. This school INTERNATIONAL FAMILY PLANNING part of a project known as the at Fort Benning, GA, has been a train- Mr. President, I might go on to say Grameen Bank, a fascinating experi- ing ground for thousands of individuals there is another aspect of this bill ment in credit for poor people which who have been brought in from the which is critically important for the has now caught on worldwide. militaries of Central and South Amer- future, not only of the United States, After this meeting, one of the women ica and the Caribbean and trained to but of the world. I rise in support of the came up to me and, through an inter- become more proficient in their mili- funding in this legislation for inter- preter, spoke to me. She was holding a small baby in her arms, and she said to tary ways. national family planning. I can’t think We acknowledge the Army has tried me that she wanted to tell me some- of a single issue more threatening to to make changes at the School of the thing. I asked what it was, through the the future and stability of our world Americas by updating curricula and interpreter. She wanted to tell me than the present trends of population improving the selection process for stu- that, because of family planning and increase. The world’s population in- dents and the quality of teachers. De- also because of the UNICEF and United creases by about a quarter of a million spite these efforts, it is my belief that people every single day, and 95 percent Nations effort to save the lives of small the School of the Americas should be of the world’s population growth is in children in developing countries, she closed. It is an element in this bill less developed countries. In 1950, the and her husband had decided to have no which I do not support. It serves no world’s population was 2.5 billion; more than three children. It was a dra- strategic purpose. today it is 5.8 billion. In 1950, the aver- matic admission on her part to a pale- In the post-cold-war era, we need to age life expectancy worldwide was 46 skinned stranger from a country she strengthen civilian institutions in years; today, it is 65 years. had literally never heard of. Latin America, not the militaries. And By the year 2040, if current trends Those of us who think the money the school cannot overcome its horren- continue, the world’s population will that is invested in this legislation dous history and its past links to nu- double. The danger of overpopulation, doesn’t do any good should take the merous military personnel who have the problems that come with it—pov- time to visit those parts of the world committed human rights atrocities. erty, hunger and disease—will not go where it literally means life or death. These admissions are an embarrass- away if we simply ignore them. We can For her, it meant the baby in her arms ment to the United States and to our and we must address these problems by would survive. In these countries, with reputation as a leader in promoting providing family planning assistance their poor health conditions, many human rights throughout the world. to the poorest people in the world. times unsanitary water would result in The training manuals at this school And family planning works. Mr. children with dysentery and other in- as late as 1991 contained instruction in President, 30 years ago the average testinal problems who literally died for torture and extortion. Imagine, U.S. couple in the world had six children. lack of hydration. The rehydration taxpayers’ dollars spent at this facility Today, the average couple in the world therapy, as simple and cheap as it is, in Georgia, at a U.S. military base, to has four. International family planning saves these lives and gives these moth- train foreign military leaders in tor- is about giving people around the ers the hope that they don’t need to ture and extortion. It is incomprehen- world, especially in the world’s poorest have six children to have three survi- sible. countries, the ability to decide the size vors. And that, many times, is the No one has been held accountable for of their own families. International driving force behind large families in the fact that the U.S. Army was teach- family planning is about eradicating poor countries. ing training techniques which clearly S7534 CONGRESSIONAL RECORD — SENATE July 16, 1997 violated U.S. Army policy. The School Mr. BINGAMAN. Mr. President, I ask around to taking control of its Cuba policy of the Americas has trained leaders in unanimous consent that reading of the away from a small, self-interested lobby tactics to violate human rights and has amendment be dispensed with. group. done so knowingly and deliberately. It The PRESIDING OFFICER. Without Mr. President, I share Mr. Mead’s is well documented that this school’s objection, it is so ordered. views on this anachronistic stance that graduates have planned and partici- The amendment is as follows: we continue to take toward Cuba. pated in severe cases of human rights SEC. . TRAVEL TO CUBA. In my opinion, the one reason that abuses during the history of this insti- (a) PROHIBITION.—The President shall not Castro has remained entrenched and tution. restrict travel to Cuba by United States citi- has survived nine American Presidents Listen to this roster of graduates zens or other persons subject to the jurisdic- is that he continues to be able to point from the School of the Americas, fund- tion of the United States, except in the case to the United States as a menacing for- ed by taxpayers’ dollars: Panamanian in which the United States is at war, where eign presence and to call upon the armed hostilities are in progress in or dictator and drug dealer Manuel Cuban people to withstand the hard- around Cuba, or where there is imminent ships that they have to withstand be- Noriega; 19 Salvadoran soldiers linked danger to the public health or the physical to the 1989 murder of 6 Jesuit priests, safety of the United States travelers to cause of bad intentions and actions by their housekeeper and her daughter; El Cuba. America, as he would have it. Salvador death squad leader Roberto (b) SUPERSEDES EXISTING LAW.—This sec- If people, including so many of my D’Aubuisson; Argentinian dictator tion supersedes any other provision of law. distinguished colleagues across the Leopoldo Galtieri; 3 of the 5 officers in- (c) DEFINITION.—For purposes of this sec- aisle and on the Democratic side, be- volved in the 1980 rape and murder of 4 tion the term ‘‘United States’’ includes the lieve in the value of Radio Marti and several States of the United States, the Dis- United States churchwomen in El Sal- TV Marti, our broadcasting operations trict of Columbia, the Commonwealth of in Florida, which are intended to in- vador; and 10 of the 12 officers respon- Puerto Rico, the Commonwealth of the sible for the murder of 900 civilians in Northern Mariana Islands, the United States form Cubans about the way of life in the El Salvadoran village, El Mozote. Virgin Islands, Guam, American Samoa, and the United States and our freedoms Victims of these abuses often are the any other territory or possession of the Unit- and our liberties, then certainly in- most vulnerable of the country, the ed States. creasing contact by allowing travel by poor and Roman Catholic religious who Mr. BINGAMAN. Mr. President, the Americans to Cuba would do even spoke out in defense of peace and social amendment I have just sent to the desk more. I think it is important that the justice. Given that the training manu- is a very simple amendment that would administration and others realize that als used at the school advocated tor- provide that the President shall not re- the Helms–Burton Act and this 6- ture, blackmail and other forms of co- strict travel to Cuba by United States month clock on issuing a waiver on the ercion, the atrocities committed by citizens and other people who are law- worst provisions of that act not be al- these graduates are predictable results. fully subject to the jurisdiction of the lowed to serve as the be all and the end The United States needs, in this post- United States, except in circumstances all of our Cuban policy. cold war era, to find a better way to where we are at war or where there are On June 19 of this year, I joined Sen- moderate the abuses of Latin American armed hostilities in or around Cuba, or ator DODD and a great many other Sen- militaries. Clearly, the School of the where there is imminent danger to pub- ators in writing to the President urg- Americas is not the answer. lic health or physical safety of United ing that direct flights to Cuba for the I think it is clear that this school States travelers in Cuba. purpose of humanitarian assistance be needs to be closed. If an alternative My own view is that our policy permitted. The subject of that letter is needs to be opened, let us restructure today, toward Cuba, is a holdover from not the subject of my amendment it consistent with our own human the cold war. It is an anachronism. It is today. I cite that as one example of an rights values. I will not be offering the out of step with the sentiments of the effort to improve constructive rela- amendment today which would close American people. And it is certainly tions between ourselves and Cuba and this institution, but I want to make it out of step with the best interests of to assist in humanitarian needs that clear to my colleagues in the Senate our own country. are real. and those who are listening to this de- We have gotten into a situation I do believe that one of the least jus- bate, that we will continue to monitor where the only attention that is given tifiable aspects of our policy toward the School of the Americas, that we to our relations with Cuba is that Cuba today is the restrictions that we will continue to make certain that every 6 months the President comes place on travel by U.S. citizens and they know we are watching what they forward and once again waives certain U.S. residents to that country. The do and the graduates they send to lead extraterritorial provisions that were right to travel is a constitutional the militaries of foreign nations. And part of the Helms–Burton Act that was right. It is one that the courts have we will insist, at every step of the way, passed last year; and at the same time recognized. It is one that we, as a coun- that this School of the Americas pur- that it waives those provisions, it try, have recognized and that we only sue policies that are consistent with assures Members of Congress and the interfere with where there is a national the best interests and policies of the Cuban-American community that it security reason or some overriding na- United States. plans to maintain a posture of tough tional interest that requires that we Mr. President, at this point, I yield sanctions against Cuba. So any efforts interfere with that free right of travel. the remainder of my time. that might be undertaken to promote a I attended a conference, Asia Pacific Mr. BINGAMAN addressed the Chair. constructive and humanitarian engage- Forum, 2 weeks ago at the Kennedy The PRESIDING OFFICER. The Sen- ment with Cuba, or at least some level School in Boston. There were some ator from New Mexico. of humanitarian assistance to those in Chinese leaders there and some Korean AMENDMENT NO. 895 need in Cuba, all of that has been put leaders and some Japanese leaders, and (Purpose: To restore to United States citi- aside and lost, unfortunately, in our I was struck by the story that I heard zens and residents the right of travel to discussion of Cuban-American rela- from one of the Chinese leaders, the Cuba) tions. head of the Chinese delegation. He had Mr. BINGAMAN. Mr. President, I When the Helms–Burton Act passed been one of those singled out for abuse send an amendment to the desk and the Congress, Walter Russell Mead during the cultural revolution when ask for its immediate consideration. wrote an article in the New Yorker that occurred in China a couple of dec- The PRESIDING OFFICER. Is there that I think sums things up pretty ades ago. objection to laying aside the pending well. He said: He was taken from his hometown, amendment? Without objection, it is so from Beijing, at that time where he Fidel Castro has survived the enmity of was a prominent leader in the univer- ordered. nine American Presidents. In concert with The clerk will report. his enemies in South Florida, he retains a sity, and he was sent to a very remote The legislative clerk read as follows: hypnotic ability to induce stupidity in Yan- part of China and forced to work there. The Senator from New Mexico [Mr. BINGA- kee policymakers. That seems unlikely to He worked in a factory for 10 years dur- MAN] proposes an amendment numbered 895. change until the U.S. Government gets ing the cultural revolution in a very July 16, 1997 CONGRESSIONAL RECORD — SENATE S7535 lowly position. At the end of the cul- see if we can’t get more support. Let Mr. President, the third part of this tural revolution, he was allowed to me, at this point, Mr. President, with- amendment says that: take a more responsible position and, draw my amendment and send another (3) the United States Government shall not once again, begin to demonstrate and amendment to the desk and ask for its be prohibited from participating in humani- use his talents, but he stayed in that consideration. tarian relief efforts of multilateral organiza- factory for an additional 5 years after The PRESIDING OFFICER. The Sen- tions of which the United States is a mem- the 10 years that was required during ator has a right to withdraw his ber, where such humanitarian relief efforts the cultural revolution. are made in the aftermath of a natural disas- amendment. ter on the island of Cuba. I asked, ‘‘Why did you stay in that The amendment (No. 895) was with- part of China? Why didn’t you come drawn. So this amendment that is now pend- ing before the Senate would do these back to Beijing?″ AMENDMENT NO. 896 He said, ‘‘I didn’t have a permit. I three things: It would allow a modest (Purpose: To provide for Cuban-American amount of funds to be sent by a U.S. wasn’t permitted to travel.’’ You family humanitarian support and compas- couldn’t just travel. You weren’t per- sionate travel) citizen or resident to their family, for mitted, at that time at least, to travel Mr. BINGAMAN. Mr. President, I purposes of basic necessities—food, in China without a permit. send another amendment to the desk clothing, supplies, rent, medicines, and Mr. President, that refusal to allow and ask that it be considered. medical care—not to exceed $200 per people to travel is characteristic of The PRESIDING OFFICER. The month. Second, it would provide this oppor- Communist, authoritarian regimes. It clerk will report. is not characteristic of the United The assistant legislative clerk read tunity to return to Cuba for up to 30 States. It should not be our policy to as follows: days, again, by someone who has a rel- keep American citizens and American ative, a parent or a sibling or a spouse The Senator from New Mexico [Mr. BINGA- or a child still in Cuba. And third, it residents from traveling, except where MAN] proposes an amendment numbered 896. national security requires it. Clearly, would allow the United States Govern- Mr. BINGAMAN. Mr. President, I ask there is no national security justifica- ment to participate in humanitarian unanimous consent that the reading of tion for us continuing to prevent travel relief efforts if there is a natural disas- the amendment be dispensed with. to Cuba by Americans today. ter on the island of Cuba, and partici- Let me also just point out this re- The PRESIDING OFFICER. Without pate in those relief efforts through striction against travel is an invitation objection, it is so ordered. multilateral organizations, not unilat- The amendment is as follows: to abuse. We have a lot of people in erally, but through multilateral orga- business in this country, in Canada, in SEC. . PROTECTION OF HUMANITARIAN EF- nizations. Mexico and in various nearby countries FORTS. None of these provisions threaten the who make it their business to facilitate Notwithstanding any provision of law to national security of the United States. the contrary, travel to Cuba by United States citi- (1) no person subject to U.S. law as it per- These are extremely modest ways that zens. tains to expenditures of money in Cuba shall we can enhance the person-to-person We made a little search of the Web. be prohibited from sending to his or her par- contact and humanitarian assistance You are supposed to search the Web ent, sibling, spouse, or child currently resid- which can begin to take United States- whenever you want to find out any- ing in Cuba small amounts of money (not to Cuban relations in a positive direction. thing these days. So we got on the exceed $200 per month) to be used for the None of these provisions violate the Internet. Here is a provision, Intra purchase of basic necessities, including food, spirit of the economic embargo that we Kensington Travel. It says: ‘‘Cuba trav- clothing, household supplies, rent, medi- have had in place these 35 years, al- el for U.S. citizens. U.S. citizens hold- cines, and medical care; (2) each person subject to U.S. law as it though I must acknowledge that I ing valid passports are welcomed as pertains to expenditures of money in Cuba in think that economic embargo at this visitors to Cuba for purposes of tour- relation to travel to Cuba shall be free to stage in our history is a mistake. None ism. Many U.S. citizens visit Cuba each travel without limitation for periods not to of what I am proposing here interferes year for this purpose.’’ exceed 30 days per any one trip to attend to with that economic embargo. None of This is what the advertisement on a medical emergency involving, or to attend these provisions help Castro to galva- the Web said: ‘‘When you arrive in the funeral of, such person’s parent, sibling, nize his public against the United Cuba, ensure that your passport is not spouse, or child; and States. They may very well help erode (3) the United States government shall not stamped. Instead, have the Cuban im- the support that he has been able to migration officials stamp a separate be prohibited from participating in humani- tarian relief efforts of multilateral organiza- maintain during this last 35 years be- sheet of paper and be sure to bring this tions of which the United States is a mem- cause of the failed policy that we have with you, so your passport won’t be ber, where such humanitarian relief efforts pursued during that entire period. stamped. To avoid difficulty with U.S. are made in the aftermath of a natural disas- So I urge my colleagues to support Immigration and Customs authorities, ter on the island of Cuba. this amendment. I believe it is a worth- do not return to the United States with Mr. BINGAMAN. Mr. President, let while amendment and one that would any evidence that you have ever visited me describe the second of these amend- move us in a positive direction. Cuba. This would include cigars, rum, ments. It says, and I will just read it. Mr. President, we are coming on the souvenir T-shirts, postcards, tourist in- It is very short. It says: end of this entire century and millen- formation and other items.’’ Notwithstanding any other provision of nium, and sooner or later we need to Mr. President, this restriction is not law to the contrary, become realistic about the fact that enforceable. It is being abused. It is an (1) no person subject to U.S. law as it per- this other nation, Cuba, is 90 miles embarrassment to a great nation like tains to expenditures of money in Cuba shall from our border, and we need to try to ours that we have this restriction in be prohibited from sending to his or her par- develop a more constructive relation- our law. I believe strongly that we ent, sibling, spouse or child currently resid- ship. should eliminate it. The amendment I ing in Cuba small amounts of money (not to This provision would help Cuban- sent to the desk would do that. exceed $200 per month) to be used for the purchase of basic necessities, including food, American citizens in particular, but Let me also say, though, for purposes would begin to move us toward a con- of reality in the Senate, that we have clothing, household supplies, rent, medicines and medical care; structive relationship. I urge its sup- had a vote on this amendment before, port, and I yield the floor. essentially this same amendment. That is the first part. The second part: Mr. STEVENS addressed the Chair. Former Senator Simon from Illinois of- The PRESIDING OFFICER. The Sen- fered this same amendment in the last (2) each person subject to U.S. law as per- ator from Alaska. Congress. I supported his efforts. I am tains to expenditures of money in Cuba in re- lation to travel to Cuba shall be free to trav- Mr. STEVENS. Mr. President, is sad to report that we only received 25 el without limitation for periods not to ex- there a vote scheduled at 2? votes for the effort to eliminate these ceed 30 days per any one trip to attend to a The PRESIDING OFFICER. The Sen- restrictions. medical emergency involving, or to attend ator is correct. So this year, Mr. President, I would the funeral of, such person’s parent, sibling, Mr. STEVENS. Does the Senator like to offer a different amendment and spouse or child . . . wish to speak on this amendment? S7536 CONGRESSIONAL RECORD — SENATE July 16, 1997 Mr. BROWNBACK. Not on this Caucasus, traversed much of the territory order the vote now occurs on amend- amendment. I have a separate amend- now within the countries of Armenia, Azer- ment No. 889 offered by the Senator ment I want to propose that the man- baijan, Georgia, Kazakstan, Kyrgyzstan, from Oregon. The yeas and nays have Tajikistan, Turkmenistan, and Uzbekistan. agers have agreed to. It is a sense-of- (2) Economic interdependence spurred mu- been ordered. the-Senate resolution. tual cooperation among the peoples along Mr. MCCONNELL. Mr. President, I Mr. STEVENS. I would like to speak the Silk Road and restoration of the historic understand that the Senator from Kan- for a couple of minutes—I know the relationships and economic ties between sas is only asking for a few minutes. Senator is seeking recognition—on the those peoples is an important element of en- Mr. BROWNBACK. That is correct. Smith of Oregon amendment before the suring their sovereignty as well as the suc- Mr. McCONNELL. I ask unanimous vote at 2. cess of democratic and market reforms. consent that the Senator from Kansas The PRESIDING OFFICER. The Sen- (3) The development of strong political and be given 5 minutes, and then the votes economic ties between countries of the ator from Alaska is recognized. commence then. South Caucasus and Central Asia and the The PRESIDING OFFICER. Is there AMENDMENT NO. 889 West will foster stability in the region. objection to the unanimous consent re- Mr. STEVENS. Mr. President, I sup- (4) The development of open market econo- quest? port the Smith amendment, and I re- mies and open democratic systems in the countries of the South Caucasus and Central Mr. LEAHY. Reserving the right to mind the Senate that at the time of object, and I will not object, if we are the great upheaval in the Soviet Union, Asia will provide positive incentives of inter- national private investment, increased going to do that, the distinguished when the tanks rolled into Red Square, trade, and other forms of commercial inter- Senator from Virginia wanted an equal there was a group of people that was actions with the rest of the world. amount of time. prodemocracy from throughout the (5) The Caspian Sea Basin, overlapping the Mr. MCCAIN. I object. world which carried Bibles into that territory of the countries of the South The PRESIDING OFFICER. Objec- square and literally handed them out Caucasus and Central Asia, contains proven tion is heard. to the drivers of the tanks which were oil and gas reserves that may exceed The question is on agreeing to $4,000,000,000,000 in value. coming into Red Square, supposedly to (6) The region of the South Caucasus and amendment No. 889. The yeas and nays dislodge the new government. Central Asia will produce oil and gas in suffi- have been ordered. The clerk will call While I was chairman of the Presi- cient quantities to reduce the dependence of the roll. dential prayer group one year, I asked the United States on energy from the vola- The assistant legislative clerk called our former great symphony director, tile Persian Gulf region. the roll. Rostropovich, to come and tell about (7) United States foreign policy and inter- Mr. NICKLES. I announce that the his experience there. He told us of national assistance should be narrowly tar- Senator from Montana [Mr. BURNS] is these people coming into the square geted to support the economic and political necessarily absent. independence of the countries of the South I further announce that, if present and handing out those Bibles. Caucasus and Central Asia. What is happening now in Russia is a (b) SENSE OF THE SENATE.—It is the sense and voting, the Senator from Montana direct reversal of the open-door policy of the Senate that the policy of the United [Mr. BURNS] would vote ‘‘yea.’’ for those people who believe that free- States in the countries of the South The PRESIDING OFFICER (Mr. dom of religion is an international Caucasus and Central Asia should be— GREGG). Are there any other Senators freedom. I do believe that the Senate (1) to promote sovereignty and independ- in the Chamber desiring to vote? should go on record in support of the ence with democratic government; The result was announced—yeas 95, (2) to assist actively in the resolution of nays 4, as follows: Smith amendment today. That is why I regional conflicts; urge its adoption at this time. (3) to promote friendly relations and eco- [Rollcall Vote No. 178 Leg.] Mr. BROWNBACK addressed the nomic cooperation; and YEAS—95 Chair. (4) to help promote market-oriented prin- Abraham Feinstein Mack The PRESIDING OFFICER. The Sen- ciples and practices; Akaka Ford McCain (5) to assist in the development of infra- ator from Kansas. Allard Frist McConnell structure necessary for communications, Ashcroft Glenn Mikulski Mr. BROWNBACK. Thank you very transportation, and energy and trade on an Baucus Gorton Moseley-Braun much, Mr. President. East-West axis in order to build strong inter- Bennett Graham Moynihan Biden Gramm Murkowski AMENDMENT NO. 892 national relations and commerce between Bond Grams Murray (Purpose: To express the sense of the Senate those countries and the stable, democratic, Boxer Grassley Nickles regarding the targeting of assistance to and market-oriented countries of the Euro- Breaux Gregg Reed support the economic and political inde- Atlantic Community; and Brownback Hagel Reid pendence of the countries of the South (6) to support United States business inter- Bryan Harkin Robb Caucasus and Central Asia) ests and investments in the region. Bumpers Hatch Roberts Campbell Helms Rockefeller Mr. BROWNBACK. Mr. President, I (c) DEFINITION.—In this section, the term ‘‘countries of the South Caucasus and Chafee Hollings Roth ask unanimous consent that the pend- Central Asia’’ means Armenia, Azerbaijan, Cleland Hutchinson Santorum ing amendments be set aside so I can Coats Hutchison Sarbanes Georgia, Kazakstan, Kyrgystan, Tajikistan, Cochran Inhofe Sessions call up amendment No. 892. Turkmenistan, and Uzbekistan. Collins Inouye Shelby The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, Conrad Jeffords Smith (NH) objection, it is so ordered. The clerk this will just take a minute or two, be- Coverdell Johnson Smith (OR) will report the amendment. Craig Kempthorne Snowe cause the managers have agreed to this D’Amato Kennedy Specter The assistant legislative clerk read particular amendment. Daschle Kerry Stevens as follows: I know Senator SMITH has a very im- DeWine Kohl Thomas The Senator from Kansas [Mr. BROWNBACK] portant amendment that we are going Dodd Kyl Thompson proposes an amendment numbered 892. Domenici Landrieu Thurmond to be voting on, which I support. I Dorgan Lautenberg Torricelli Mr. BROWNBACK. Mr. President, I think he is in an absolute right posi- Durbin Leahy Warner ask unanimous consent that the read- tion to be stating in this amendment Enzi Levin Wellstone Faircloth Lieberman Wyden ing of the amendment be dispensed what our aid should be based on. Feingold Lott with. I rise today to bring to the Senate’s The PRESIDING OFFICER. Without attention in a sense-of-the-Senate reso- NAYS—4 objection, it is so ordered. lution another strategic important re- Bingaman Kerrey The amendment is as follows: gion of the world that is also being im- Byrd Lugar At the appropriate place in the bill, insert pacted by where it sits locationwise. NOT VOTING—1 the following: And these are countries that are Burns SEC. . SENSE OF THE SENATE REGARDING SUP- transversed by the Old Silk Road. The amendment (No. 889) was agreed PORT FOR COUNTRIES OF THE The PRESIDING OFFICER. The Sen- to. SOUTH CAUCASUS AND CENTRAL ator will suspend. ASIA. Mr. LEAHY. Mr. President, I move to Congress makes the following findings: VOTE ON AMENDMENT NO. 889 reconsider the vote. (1) The ancient Silk Road, once the eco- The PRESIDING OFFICER. The Mr. MCCONNELL. I move to lay it on nomic lifeline of Central Asia and the South Chair states that under the previous the table. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7537 The motion to lay on the table was law and practices compared with the treat- even have a waiver provision in this agreed to. ment received by Israeli settlers. This in- amendment. I should think that there Mr. MCCONNELL. Is the SMITH un- cludes discrimination in residency, land and ought to be a waiver—a national secu- derlying amendment now the pending water use, and access to health and social rity waiver. The President should have services. business? an opportunity to waive this provision The PRESIDING OFFICER. The Reading from the same United States under certain conditions. That is not in question is on final passage of the en- State Department report, concerning this amendment. What I am saying, I ergy and water appropriations bill, religious minorities in Israel: certainly don’t say critically of the au- under a unanimous consent. In civic areas where religion is a determin- thor of the amendment. My senti- Mr. BYRD. Mr. President, I had ing criterion, such as the religious courts ments, I am sure, are much like his in and centers of education, non-Jewish institu- hoped to speak briefly before this last tions routinely receive less state support the overall. But I think we make the vote to explain my reasons for voting than their Jewish counterparts. The status mistake when we vote without really against the amendment. This is a po- of a number of Christian organizations with understanding what we are voting on litically sensitive vote, and I did not representation in Israel has heretofore been in a matter of this kind. This is a very have the opportunity to explain in ad- defined by a collection of ad hoc arrange- politically sensitive matter. It is pret- vance. ments with various government agencies. ty difficult to explain your vote I am sympathetic to the concerns of Several of these organizations are negotiat- against this kind of an amendment ing with the Government in an attempt to Senator SMITH with regard to religious —pretty difficult. formalize their status. minorities in Russia or anywhere else. Attempts to establish meaningful negotia- Finally, I note that there are other The effect of the law recently passed by tions are ongoing. diplomatic methods that can be used to the Russian Duma is to discriminate Another paragraph, under the subject deal with this problem. When the Unit- against any religious group not recog- of—this is very fine print, and I have ed States was concerned about Jewish nized by the Soviet Government in some difficulty reading it—‘‘National/ immigration from the Soviet Union, we 1982, which has the effect of recogniz- Racial/Ethnic Minorities.’’ The State were able to greatly increase such im- ing the rights only of Orthodox Chris- Department report says: migration by using quiet diplomacy. As tianity, Islam, Judaism, and Buddhism. The government— soon as the Congress enacted laws pub- This represents an onerous act of dis- licly attacking the Soviets on that Meaning the Israeli government— crimination against religious minori- matter, immigration was sharply re- ties within the Russian Federation. does not provide Israeli Arabs, who con- duced. stitute 18 percent of the population, with the I note that if the same standard in- same quality of education, housing, employ- The Smith amendment could well cluded in the Smith amendment was ment, and social services as Jews. Govern- have the same effect, and would only applied to all other nations, we would ment efforts to close the gaps between Isra- make matters worse for religious mi- be forced to terminate our foreign aid el’s Jewish and Arab citizens have resulted norities in Russia, as nationalist ele- to other key United States allies, in- in an estimated 180 percent increase in re- ments in the Duma may react in anger cluding Israel, Egypt, and Turkey. sources devoted to Arab communities be- to this action. These nations, along with others, could tween 1992 and 1996. Nevertheless, significant Mr. President, that is the expla- not pass the test included in the Smith differences remain. nation of my vote. amendment. This amendment, there- Now, Mr. President, I felt that Sen- I yield the floor. fore, discriminates against one nation, ators ought to know my reason, and I VITIATION OF YEAS AND NAYS ON AMENDMENT even while it claims that discrimina- certainly want my constituents to NO. 888 tion is its concern. Just as Russia know my reason, for voting against Mr. MCCONNELL. Mr. President, I should apply one standard in the case this amendment. I wanted to call to ask unanimous consent that the yeas of all religions, so should the United the attention of the Senate the prob- and nays be vitiated on amendment No. States apply one standard in the dis- lem here in rushing to vote on matters 888, as now amended. tribution of foreign aid with all other that we don’t clearly understand when The PRESIDING OFFICER. Without nations. we come to the well to vote. And I have objection, it is so ordered. Finally, I would note that there are that problem as much as anybody. But Mr. MCCONNELL. Mr. President, I other diplomatic methods that can be it seems to me there is some inconsist- ask unanimous consent that Senators used to deal with this problem. When ency here in handing out foreign aid— HELMS, D’AMATO, HATCH, and BENNETT the United States was concerned about the American taxpayers’ money. be added as cosponsors to the Smith Jewish emigration from the Soviet If foreign aid is going to be used as amendment. Union, we were able to greatly increase an enforcer of human rights, then we The PRESIDING OFFICER. Without such emigration by using quiet diplo- ought to be consistent. That is all I am objection, it is so ordered. macy. As soon as the Congress enacted saying. If we are going to be consist- f ent, my colleagues, remember that you laws publicly attacking the Soviets on ENERGY AND WATER DEVELOP- this matter, emigration was sharply re- may be asked one day to cut off aid to Israel, or to cut off aid to Turkey. Sen- MENT APPROPRIATIONS ACT, duced. The Smith amendment could 1998 well have the same effect, and would ators know that I have fought battles only make matters worse for religious on this floor here in support of Turkey, The Senate resumed consideration of minorities in Russia, as Nationalist and so I am not saying this with any the bill. elements in the Duma may react in animus whatsoever toward the recipi- The PRESIDING OFFICER. The anger to this action. ent countries; that is not it. I am just question now is on the energy and I am not a strong advocate of foreign calling attention to the fact that we water appropriations bill, S. 1004. aid. I don’t carry a brief for Russia, and voted, in this amendment, to apply an The yeas and nays have not been re- as far as believing that religion should ‘‘enforcer,’’ if I may use that term, quested. not be discriminated against, I don’t concerning human rights, and it is not Mr. DOMENICI. Mr. President, I ask think anyone in this Chamber would an enforcer tool that we apply consist- for the yeas and nays. feel more strongly than I. But let me ently across the board against our The PRESIDING OFFICER. Is there a read to Members what the annual friends. I don’t know how we can de- sufficient second? State Department report on human fend votes like this to the American There is a sufficient second. rights states in its report concerning people. The yeas and nays were ordered. I feel as strongly as anyone about re- Israel. Mr. REID. Mr. President, I am grate- ligion. I am not of the religious right ful for the work by so many to reach Section 5. Discrimination Based on Race, and I am not of the religious left. I conclusion on this most important ap- Sex, Religion, Disability, Language, or So- cial Status. don’t claim even to be a good man. My propriation bill. Under the complex mixture of laws and Scripture tells me that no man is Senator DOMENICI has been a real regulations that apply to the territories, good—but this is another matter. And I partner and I appreciate his openness Palestinians are disadvantaged under Israeli hope that Senators know that we don’t with me and my staff. S7538 CONGRESSIONAL RECORD — SENATE July 16, 1997 Alex Flint and David Gwaltney have dropower turbine design—commonly decade, the development of an alter- been easy to work with and have been referred to as the ‘‘fish-friendly hydro- native technology will be essential to essential to final passage of this bill. power program.’’ maintaining electric generating capac- Minority clerk Greg Daines has ren- In the Snake and Columbia Rivers, ity. dered invaluable service to me and the dams and turbines generate energy This is not the time to end a promis- country in helping develop this legisla- that fuel the Northwest economy. But ing, environmentally sound and tech- tion. Elizabeth Blevins on the minority while these facilities are used by this nologically efficient tool in our Na- side has been most helpful. Bob Perret, Nation for a tremendous good they also tion’s energy arsenal. We cannot in a congressional fellow, has rendered are, in part, responsible for the death good conscience end funding for this valuable assistance to me with his sci- and injury of critically endangered program while the numbers of salmon entific background. salmon. Some young salmon on their stocks remain at their critically low I look forward to a quick conference way to the ocean pass through the levels. and a speedy signature by the Presi- slowly moving turbine blades. The tur- TENNESSEE VALLEY AUTHORITY dent. bulence caused by the blades can and Mr. JEFFORDS. Mr. President, the DISPOSITION OF EXCESS PLUTONIUM does injure some of these fish. This Na- Tennessee Valley Authority was cre- Mr. GORTON. Mr. President, I rise to tion has spent well over a billion dol- ated as part of the New Deal to bring engage in a colloquy with the distin- lars to save salmon as a result of the economic development and electricity guished chairman and ranking member Endangered Species Act. Stocks of to the Tennessee Valley. Much has of the subcommittee regarding an issue salmon continue to decline causing changed since the 1930’s. Fortunately, that has been underscored in the House some to suggest removing the dams al- rural Americans now enjoy electricity, report and deserves similar recognition together. In light of this it seems and the economy of the Tennessee Val- within this distinguished body. The amazing that we are in the process of ley has improved significantly. That issue concerns the Department of Ener- removing funding from a promising region’s economy, in fact, is doing gy’s program for disposition of excess technology that will save salmon and quite well and now is home to industry weapons usable plutonium. This pro- improve the efficiency of this renew- and businesses like Saturn Automotive gram, managed by the Department’s able energy resource. and Gateway Computer. It’s time for Office of Fissile Materials Disposition, Phase I of the project—the concep- TVA to change, too. is an important cornerstone of inter- tual/engineering designs—has been Over the past six decades, TVA has national efforts related to arms reduc- completed. Phase II needs to be funded become, by its own measure, the Na- tion, nonproliferation, and world peace. for us to realize the benefits of the tion’s largest electric utility company, It is a relatively new program within money already spent, and to provide providing some of the cheapest elec- the Department, and one that deserves the Nation with modern, environ- tricity in the Nation. TVA’s current special recognition by this body and mentally sound technology. managers are trying aggressively to our unconditional support. We simply can no longer afford to use prepare this giant government-owned Mr. CRAIG. Mr. President, I rise in 50-year-old hydropower technology in a utility for the competition that may support of the gentleman from Wash- 21st century energy environment. We result from deregulation. Earlier this ington State and to add my request must learn to balance our environ- year, in testimony before the Energy that this body go on record in clear mental concerns with safe and clean and Water Development Appropriations support of the Department’s Plutonium energy development. Subcommittee, TVA’s Chairman ar- Disposition Program. In particular, the Preliminary work indicates that a gued that, in order to help prepare for Department should be commended for well-focused R&D program can achieve this competition, the direct Federal all its fine work leading to the January major innovations in the design of en- appropriation to TVA should end. In Record of Decision, which chose two vironmentally sound hydropower tur- fact, he stated, ‘‘With your help, we options for the disposition of the excess bines. For the last several years we can end taxpayer funding of TVA ap- weapons plutonium. These two op- have been pursuing a program funded propriated programs and begin a new tions—immobilization and use of mixed by the hydropower industry with a era for TVA.’’ It is my understanding oxide [MOx] fuel in existing reactors— modest contribution from energy and that the Energy and Water Develop- will set the pace for parallel activities water development appropriations. ment Appropriations Subcommittee in the former Soviet Union. We should This amendment will continue that has voted to codify that request. encourage the Department now to im- program into the development of a bio- Reforming TVA should no longer be a plement this decision in an expeditious logical design. controversial activity. More and more manner, for the sake of world peace The U.S. hydropower industry raised lawmakers have introduced bills to re- and stability. In particular, we under- $500,000 of its own funds to invest in think the giant agency as we look to- stand that the Department intends to phase I of this program. They can be ward a deregulated electricity industry begin the process of selecting the suite expected to continue to contribute to and a balanced Federal budget. Even of industrial partners that will carry this program in phase II. TVA’s Chair, as mentioned before, has out the MOx Program. I look forward to Hydropower is the Nation’s leading stated that the agency should forego the fruits of that labor, and strongly renewable energy source, producing 85 its $106 million annual appropriation. encourage the Department to move out percent of the U.S. renewable energy TVA’s former chief financial officer expeditiously. Accomplishments in this capacity and 13 percent of all U.S. elec- has gone further, arguing that the Fed- program can do a lot toward world se- tric generation. In the Pacific North- eral Government should sell TVA. Sale, curity, not to mention what it can do west States of Montana, Idaho, Oregon, he argues, would generate big savings for DOE’s image and reputation at and Washington 60 percent of electrical for taxpayers; reduce the Federal debt; home and abroad. usage depends on hydropower. In the provide a model for privatization; and Mr. DOMENICI. I thank my col- South and Northeast, hydropower re- move one of the largest electric compa- leagues for highlighting this important mains an integral part of electrical en- nies out from under the burden of Fed- program before the Senate as a whole, ergy supplies. The Clinton administra- eral bureaucracy into the private sec- and I add my concurrence to the senti- tion’s climate change action plan iden- tor, where it would pay taxes. ments expressed. tified a continued and expanding role Mr. President, I urge my Senate col- Mr. REID. I, too, appreciate the for emission free hydropower in sus- leagues who will sit on the conference thoughtful remarks of my colleagues tainable development. With proper committee to take a first step toward and add my support. siting and sound technology, the De- reforming TVA by eliminating the ADVANCED HYDROPOWER TURBINE DESIGN partment of Energy estimates hydro- agency’s entire appropriation. I also Mr. KEMPTHORNE. Mr. President, power can increase U.S. energy inde- urge my colleagues to consider more yesterday the managers accepted my pendence and opportunities for sustain- substantial changes to TVA in the con- amendment No. 870. The amendment able development in the United States text of reducing taxpayer subsidies and will continue funding for an ongoing and worldwide. With over 100 hydro fa- opening the electricity market to true shared-cost research program for hy- cilities being relicensed over the next competition. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7539 Mr. STEVENS. Mr. President, I hope detailed studies and plans and specifications Upper Mingo County (Levisa and Tug all Senators will support the work of of projects prior to construction, $164,065,000, Forks of the Big Sandy River and Upper Senator DOMENICI and Senator REID. to remain available until expended, of which Cumberland River), West Virginia, $3,000,000; The PRESIDING OFFICER. The funds are provided for the following projects Levisa Basin Flood Warning System in the amounts specified: (Levisa and Tug Forks of the Big Sandy question is, ‘‘Shall the bill pass?’’ The Norco Bluffs, California, $200,000; River and Upper Cumberland River), Ken- yeas and nays have been ordered. The Laulaulei, Hawaii, $200,000; tucky, $400,000; clerk will call the roll. Tahoe Basin Study, Nevada and California, Tug Fork Basin Flood Warning System The legislative clerk called the roll. $320,000; and (Levisa and Tug Forks of the Big Sandy Mr. NICKLES. I announce that the Barnegat Inlet to Little Egg Harbor Inlet, River and Upper Cumberland River), West Senator from Montana [Mr. BURNS] is New Jersey, $400,000: Provided, That the Sec- Virginia, $400,000; and necessarily absent. retary of the Army, acting through the Chief Wayne County (Levisa and Tug Forks of I further announce that, if present of Engineers, may use $200,000 of funding ap- the Big Sandy River and Upper Cumberland River), West Virginia, $1,200,000: Provided fur- and voting, the Senator from Montana propriated herein to initiate preconstruction engineering and design for the Delaware ther, That the Secretary of the Army is di- [Mr. BURNS] would vote ‘‘yea.’’ Coast from Cape Henlopen to Fenwick Is- rected to design and implement at full Fed- The PRESIDING OFFICER. Are there land, Delaware project. eral expense an early flood warning system any other Senators in the Chamber de- for the Tug Fork and Levisa Basins, West siring to vote? CONSTRUCTION, GENERAL Virginia and Kentucky, within eighteen months of the date of enactment of this Act: The result was announced—yeas 99, For the prosecution of river and harbor, Provided further, That the Secretary of the nays 0, as follows: flood control, shore protection, and related Army, acting through the Chief of Engineers, projects authorized by laws; and detailed [Rollcall Vote No. 179 Leg.] is directed to combine the Wilmington Har- studies, and plans and specifications, of YEAS—99 bor-Northeast Cape Fear River authorized by projects (including those for development the Water Resource Development Act of 1986, Abraham Feingold Lott with participation or under consideration for section 202(a), the Wilmington Harbor Chan- Akaka Feinstein Lugar participation by States, local governments, Allard Ford Mack nel Widening authorized by the Water Re- Ashcroft Frist McCain or private groups) authorized or made eligi- sources Development Act of 1986, section Baucus Glenn McConnell ble for selection by law (but such studies 101(a)(23), and the Cape Fear-Northeast (Cape Bennett Gorton Mikulski shall not constitute a commitment of the Fear) River authorized by the Water Re- Biden Graham Moseley-Braun Government to construction), $1,284,266,000, source Development Act of 1996, section Bingaman Gramm Moynihan to remain available until expended, of which Bond Grams Murkowski 101(a)(22), North Carolina projects into one such sums as are necessary pursuant to Pub- project with one project cooperation agree- Boxer Grassley Murray lic Law 99–662 shall be derived from the In- Breaux Gregg Nickles ment based on cost sharing as a single Brownback Hagel Reed land Waterways Trust Fund, for one-half of project and that with $2,430,000 of the funds Bryan Harkin Reid the costs of construction and rehabilitation appropriated herein, is directed to continue Bumpers Hatch Robb of inland waterways projects, including reha- design and initiate construction of the com- Byrd Helms Roberts bilitation costs for the Lock and Dam 25, bined project: Provided further, That the Sec- Campbell Hollings Rockefeller Mississippi River, Illinois and Missouri, Chafee Hutchinson Roth retary of the Army, acting through the Chief Lock and Dam 14, Mississippi River, Iowa, of Engineers, is directed to use $15,000,000 of Cleland Hutchison Santorum Lock and Dam 24, Mississippi River, Illinois Coats Inhofe Sarbanes the funds appropriated herein to initiate Cochran Inouye Sessions and Missouri, and Lock and Dam 3, Mis- construction of the Houston-Galveston Navi- Collins Jeffords Shelby sissippi River, Minnesota, projects, and of gation Channels, Texas, project and execute Conrad Johnson Smith (NH) which funds are provided for the following a Project Cooperation Agreement for the en- Coverdell Kempthorne Smith (OR) projects in the amounts specified: tire project authorized in the Water Re- Craig Kennedy Snowe Arkansas River, Tucker Creek, Arkansas, sources Development Act of 1996, Public law D’Amato Kerrey Specter $300,000; 104–303: Provided further, That the Assistant Daschle Kerry Stevens Red River Emergency Bank Protection, DeWine Kohl Thomas Secretary of the Army for Civil Works shall Dodd Kyl Thompson Arkansas, $3,500,000; consider the recommendations of the Special Domenici Landrieu Thurmond Panama City Beaches, Florida, $5,000,000; Reevaluation Report for the McCook Res- Dorgan Lautenberg Torricelli Harlan (Levisa and Tug Forks of the Big ervoir as developed by the Corps of Engineers Durbin Leahy Warner Sandy River and Upper Cumberland River), Chicago District: Provided further, That the Enzi Levin Wellstone Kentucky, $18,000,000; Secretary of the Army, acting through the Faircloth Lieberman Wyden Martin County (Levisa and Tug Forks of Chief of Engineers, may use up to $5,000,000 NOT VOTING—1 the Big Sandy River and Upper Cumberland of the funding appropriated herein to initiate Burns River), Kentucky, $5,500,000; construction of an emergency outlet from Middlesboro (Levisa and Tug Forks of the Devils Lake, North Dakota, to the Sheyenne The bill (S. 1004), as amended, was Big Sandy River and Upper Cumberland River, and that this amount is designated by passed, as follows: River), Kentucky, $7,200,000; Congress as an emergency requirement pur- S. 1004 Pike County (Levisa and Tug Forks of the suant to section 251(b)(2)(D)(i) of the Bal- Be it enacted by the Senate and House of Rep- Big Sandy River and Upper Cumberland anced Budget and Emergency Deficit Control resentatives of the United States of America in River), Kentucky, $5,800,000; Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except Congress assembled, That the following sums Town of Martin (Levisa and Tug Forks of that funds shall not become available unless are appropriated, out of any money in the the Big Sandy River and Upper Cumberland the Secretary of the Army determines that Treasury not otherwise appropriated, for the River), Kentucky, $700,000; an emergency (as defined in section 102 of fiscal year ending September 30, 1998, for en- Williamsburg (Levisa and Tug Forks of the the Robert T. Stafford Disaster Relief and ergy and water development, and for other Big Sandy River and Upper Cumberland Emergency Assistance Act (42 U.S.C. 5122)) purposes, namely: River), Kentucky, $4,690,000; exists with respect to the emergency need Lake Ponchartrain Stormwater Discharge, for the outlet and reports to Congress that TITLE I Louisiana, $3,000,000; the construction is technically sound, eco- DEPARTMENT OF DEFENSE—CIVIL Natchez Bluff, Mississippi, $4,000,000; nomically justified, and environmentally ac- DEPARTMENT OF THE ARMY Jackson County, Mississippi (Water Sup- ceptable and in compliance with the Na- CORPS OF ENGINEERS—CIVIL ply), $3,000,000; tional Environmental Policy Act of 1969 (42 Pearl River, Mississippi (Walkiah Bluff), U.S.C. 4321 et seq.): Provided further, That the The following appropriations shall be ex- $2,000,000; economic justification for the emergency pended under the direction of the Secretary Wallisville Lake, Texas, $10,000,000; outlet shall be prepared in accordance with of the Army and the supervision of the Chief Virginia Beach, Virginia (Reimbursement), the principles and guidelines for economic of Engineers for authorized civil functions of $925,000; evaluation as required by regulations and the Department of the Army pertaining to Virginia Beach, Virginia (Hurricane Pro- procedures of the Army Corps of Engineers rivers and harbors, flood control, beach ero- tection), $15,000,000; for all flood control projects, and that the sion, and related purposes. Hatfield Bottom (Levisa and Tug Forks of economic justification be fully described, in- GENERAL INVESTIGATIONS the Big Sandy River and Upper Cumberland cluding the analysis of the benefits and For expenses necessary for the collection River), West Virginia, $1,000,000; costs, in the project plan documents: Pro- and study of basic information pertaining to Lower Mingo (Kermit) (Levisa and Tug vided further, That the plans for the emer- river and harbor, flood control, shore protec- Forks of the Big Sandy River and Upper gency outlet shall be reviewed and, to be ef- tion, and related projects, restudy of author- Cumberland River), West Virginia, $6,300,000; fective, shall contain assurances provided by ized projects, miscellaneous investigations, Lower Mingo, West Virginia, Tributaries the Secretary of State, after consultation and, when authorized by laws, surveys and Supplement, $150,000; with the International Joint Commission, S7540 CONGRESSIONAL RECORD — SENATE July 16, 1997

that the project will not violate the require- REGULATORY PROGRAM ties; water supply, storage, treatment and ments or intent of the Treaty Between the For expenses necessary for administration distribution facilities; and development, res- United States and Great Britain Relating to of laws pertaining to regulation of navigable toration or improvement of wetlands and Boundary Waters Between the United States waters and wetlands, $106,000,000, to remain other aquatic areas for the purpose of protec- and Canada, signed at Washington January available until expended. tion or development of surface water re- 11, 1909 (36 Stat. 2448; TS 548) (commonly FLOOD CONTROL AND COASTAL EMERGENCIES sources: Provided, That the non-Federal in- known as the ‘‘Boundary Waters Treaty of terest shall enter into a binding agreement For expenses necessary for emergency 1909’’): Provided further, That the Secretary with the Secretary wherein the non-Federal flood control, hurricane, and shore protec- of the Army shall submit the final plans and interest will provide all lands, easements, tion activities, as authorized by section 5 of other documents for the emergency outlet to rights-of-way, relocations, and dredge mate- the Flood Control Act approved August 18, Congress: Provided further, That no funds rial disposal areas required for the project, 1941, as amended, $10,000,000, to remain avail- made available under this Act or any other and pay 50 per centum of the costs of re- able until expended: That, using Act for any fiscal year may be used by the Provided, quired feasibility studies, 25 per centum of funds appropriated in this Act, the Secretary Secretary of the Army to carry out the por- the costs of designing and constructing the of the Army may construct the Ten and Fif- tion of the feasibility study of the Devils project, and 100 per centum of the costs of teen Mile Bayou channel enlargement as an Lake Basin, North Dakota, authorized under operation, maintenance, repair, replacement integral part of the work accomplished on the Energy and Water Development Appro- or rehabilitation of the project: Provided fur- the St. Francis Basis, Arkansas and Missouri priations Act, 1993 (Public Law 102–377), that ther, That the value of lands, easements, Project, authorized by the Flood Control Act addresses the needs of the area for stabilized rights-of-way, relocations and dredged mate- of 1950. lake levels through inlet controls, or to oth- rial disposal areas provided by the non-Fed- erwise study any facility or carry out any GENERAL EXPENSES eral interest shall be credited toward the activity that would permit the transfer of For expenses necessary for general admin- non-Federal share, not to exceed 25 per cen- water from the Missouri River Basin into istration and related functions in the Office tum, of the costs of dredging and construct- Devils Lake. of the Chief of Engineers and offices of the ing the project: Provided further, That here- FLOOD CONTROL, MISSISSIPPI RIVER AND TRIB- Division Engineers; activities of the Coastal after the Federal share of the costs of each of UTARIES, ARKANSAS, ILLINOIS, KENTUCKY, Engineering Research Board, the Humphreys the individual projects undertaken shall not LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN- Engineer Center Support Activity, the Engi- exceed $5,000,000: Provided further, That uti- NESSEE neering Strategic Studies Center, the Water lizing $10,000,000 of the funds appropriated For expenses necessary for prosecuting Resources Support Center, the USACE Fi- herein, the Secretary is directed to carry out work of flood control, and rescue work, re- nance Center and for costs of implementing this section. pair, restoration, or maintenance of flood the Secretary of the Army’s plan to reduce SEC. 103. GREEN BROOK SUB-BASIN FLOOD control projects threatened or destroyed by the number of division offices as directed in CONTROL PROJECT, NEW JERSEY.—No funds flood, as authorized by law (33 U.S.C. 702a, title I, Public Law 104–46, $148,000,000, to re- made available under this Act or any other 702g–1), $289,000,000, to remain available until main available until expended: Provided, Act for any fiscal year may be used by the expended: Provided, That notwithstanding That no part of any other appropriation pro- Secretary of the Army to carry out any plan the funding limitations set forth in Public vided in title I of this Act shall be available for, or otherwise construct, the Oak Way de- Law 104–6 (109 Stat. 85), the Secretary of the to fund the activities of the Office of the tention structure or the Sky Top detention Army, acting through the Chief of Engineers, Chief of Engineers or the executive direction structure in Berkeley Heights, New Jersey, is authorized and directed to use additional and management activities of the Division as part of the project for flood control, Green funds appropriated herein or previously ap- Offices. Brook Sub-basin, Raritan River Basin, New propriated to complete remedial measures to REVOLVING FUND Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 prevent slope instability at Hickman Bluff, Amounts in the Revolving Fund may be (Public Law 99–662; 100 Stat. 4119). Kentucky. used to construct a 17,000 square foot addi- SEC. 104. GREAT LAKES BASIN.—No funds OPERATION AND MAINTENANCE, GENERAL tion to the United States Army Corps of En- made available under this Act may be used For expenses necessary for the preserva- gineers Alaska District main office building by the Secretary of the Army to consider tion, operation, maintenance, and care of ex- on Elemendorf Air Force Base. The Revolv- any application for a permit that, if granted, isting river and harbor, flood control, and re- ing Fund shall be reimbursed for such fund- would result in the diversion of ground water lated works, including such sums as may be ing from the benefitting appropriations by from the Great Lakes Basin. necessary for the maintenance of harbor collection each year of user fees sufficient to channels provided by a State, municipality repay the capitalized cost of the asset and to TITLE II or other public agency, outside of harbor operate and maintain the asset. DEPARTMENT OF THE INTERIOR lines, and serving essential needs of general ADMINISTRATIVE PROVISION CENTRAL UTAH PROJECT commerce and navigation; surveys and CENTRAL UTAH PROJECT COMPLETION ACCOUNT charting of northern and northwestern lakes Appropriations in this title shall be avail- For carrying out activities authorized by and connecting waters; clearing and able for official reception and representation straightening channels; and removal of ob- expenses (not to exceed $5,000); and during the Central Utah Project Completion Act, structions to navigation, $1,661,203,000, to re- the current fiscal year the revolving fund, Public Law 102–575 (106 Stat. 4605), and for main available until expended, of which such Corps of Engineers, shall be available for activities related to the Uintah and Upalco sums as become available in the Harbor purchase (not to exceed 100 for replacement Units authorized by 43 U.S.C. 620, $40,353,000, Maintenance Trust Fund, pursuant to Public only) and hire of passenger motor vehicles. to remain available until expended, of which Law 99–662, may be derived from that fund, GENERAL PROVISIONS $16,610,000 shall be deposited into the Utah Reclamation Mitigation and Conservation and of which such sums as become available CORPS OF ENGINEERS—CIVIL from the special account established by the Account: Provided, That of the amounts de- Land and Water Conservation Act of 1965, as SEC. 101. (a) In fiscal year 1998, the Sec- posited into that account, $5,000,000 shall be amended (16 U.S.C. 460l), may be derived retary of the Army shall advertise for com- considered the Federal contribution author- from that fund for construction, operation, petitive bid at least 8,500,000 cubic yards of ized by paragraph 402(b)(2) of the Central and maintenance of outdoor recreation fa- the hopper dredge volume accomplished with Utah Project Completion Act and $11,610,000 cilities, and of which funds are provided for government owned dredges in fiscal year shall be available to the Utah Reclamation the following projects in the amounts speci- 1992. Mitigation and Conservation Commission to fied: (b) Notwithstanding the provisions of this carry out activities authorized under that Beverly Shores, Indiana, $1,700,000: section, the Secretary is authorized to use Act. Provided, That no funds, whether appro- the dredge fleet of the Corps of Engineers to In addition, for necessary expenses in- priated, contributed, or otherwise provided, undertake projects when industry does not curred in carrying out responsibilities of the shall be available to the United States Army perform as required by the contract speci- Secretary of the Interior under that Act, Corps of Engineers for the purpose of acquir- fications or when the bids are more than 25 $800,000, to remain available until expended. ing land in Jasper County, South Carolina, percent in excess of what the Secretary de- BUREAU OF RECLAMATION termines to be a fair and reasonable esti- in connection with the Savannah Harbor For carrying out the functions of the Bu- mated cost of a well equipped contractor navigation project: Provided further, That the reau of Reclamation as provided in the Fed- doing the work or to respond to emergency Secretary of the Army, acting through the eral reclamation laws (Act of June 17, 1902, requirements. Chief of Engineers, is authorized and di- 32 Stat. 388, and Acts amendatory thereof or SEC. 102. In fiscal year 1998 and thereafter, rected to dredge a navigational channel in supplementary thereto) and other Acts appli- the Secretary of the Army is authorized and the Chena River at Fairbanks, Alaska from cable to that Bureau as follows: its confluence with the Tanana River up- directed to provide planning, design and con- stream to the University Road Bridge that struction assistance to non-Federal interests WATER AND RELATED RESOURCES will allow the safe passage during normal in carrying out water related environmental (INCLUDING TRANSFER OF FUNDS) water levels of vessels up to 350 feet in infrastructure and environmental resources For management, development, and res- length, 60 feet in width, and drafting up to 3 development projects, including assistance toration of water and related natural re- feet. for wastewater treatment and related facili- sources and for related activities, including July 16, 1997 CONGRESSIONAL RECORD — SENATE S7541 the operation, maintenance and rehabilita- of the Congressional Budget Act of 1974: Pro- TITLE III tion of reclamation and other facilities, par- vided further, That these funds are available DEPARTMENT OF ENERGY ticipation in fulfilling related Federal re- to subsidize gross obligations for the prin- NON-DEFENSE PROGRAMS sponsibilities to Native Americans, and re- cipal amount of direct loans not to exceed ENERGY RESEARCH lated grants to, and cooperative and other $31,000,000. For expenses of the Department of Energy agreements with, state and local govern- In addition, for administrative expenses activities including the purchase, construc- ments, Indian tribes, and others, to remain necessary to carry out the program for di- available until expended, $688,379,000, of tion and acquisition of plant and capital rect loans and/or grants, to remain available equipment and other expenses necessary for which $18,758,000 shall be available for trans- until expended, $425,000: Provided, That of the fer to the Upper Colorado River Basin Fund energy research in carrying out the purposes total sums appropriated, the amount of pro- of the Department of Energy Organization and $55,920,000 shall be available for transfer gram activities that can be financed by the to the Lower Colorado River Basin Develop- Act (42 U.S.C. 7101, et seq.), including the ac- Reclamation Fund shall be derived from that quisition or condemnation of any real prop- ment Fund, and of which such amounts as Fund. erty or any facility or for plant or facility may be necessary may be advanced to the CALIFORNIA BAY-DELTA ECOSYSTEM acquisition, construction, or expansion; pur- Colorado River Dam Fund: Provided, That RESTORATION chase of passenger motor vehicles (not to ex- such transfers may be increased or decreased ceed 13 for replacement only), $953,915,000, to within the overall appropriation under this For necessary expenses of the Department remain available until expended; and, in ad- heading: Provided further, That of the total of the Interior and other participating Fed- dition, $13,025,000 for energy assets acquisi- appropriated, the amount for program activi- eral agencies in carrying out the California tion, to remain available until expended: ties that can be financed by the Reclamation Bay-Delta Environmental Enhancement and Provided, That $1,500,000 of the funds appro- Fund or the Bureau of Reclamation special Water Security Act consistent with plans to priated herein may be used to continue the be approved by the Secretary of the Interior, fee account established by 16 U.S.C. 460l–6a(i) cost-shared, fish-friendly turbine program. shall be derived from that Fund or account: in consultation with such Federal agencies, Provided further, That funds contributed $50,000,000, to remain available until ex- ENVIRONMENTAL MANAGEMENT under 43 U.S.C. 395 are available until ex- pended, of which such amounts as may be (NONDEFENSE) pended for the purposes for which contrib- necessary to conform with such plans shall For Department of Energy expenses, in- uted: Provided further, That funds advanced be transferred to appropriate accounts of cluding the purchase, construction and ac- under 43 U.S.C. 397a shall be credited to this such Federal agencies: Provided, That such quisition of plant and capital equipment and account and are available until expended for funds may be obligated only as non-Federal other expenses necessary for nondefense en- the same purposes as the sums appropriated sources provide their share in accordance vironmental management activities in car- under this heading: Provided further, That with the cost-sharing agreement required rying out the purposes of the Department of using $500,000 of funds appropriated herein, under section 102(d) of such Act: Provided fur- Energy Organization Act (42 U.S.C. 7101, et the Secretary of the Interior shall undertake ther, That such funds may be obligated prior seq.), including the acquisition or condemna- a non-reimbursable project to install drains to the completion of a final programmatic tion of any real property or any facility or in the Pena Blanca area of New Mexico to environmental impact statement only if (1) for plant or facility acquisition, construc- prevent seepage from Cochiti Dam: Provided consistent with 40 C.F.R. 1506.1(c), and (2) tion, or expansion, $664,684,000, to remain further, That funds available for expenditure used for purposes that the Secretary finds available until expended: Provided, That for the Departmental Irrigation Drainage are of sufficiently high priority to warrant from funds available herein, the Department Program may be expended by the Bureau of such an expenditure. of Energy will assess the cost of decommis- sioning the Southwest Experimental Fast Reclamation for site remediation on a non- CENTRAL VALLEY PROJECT RESTORATION FUND reimbursable basis: Provided further, That Oxide Reactor site. section 10 of Public Law 89–108 as amended For carrying out the programs, projects, URANIUM ENRICHMENT DECONTAMINATION AND by section 8 of Public Law 99–294 and section plans, and habitat restoration, improvement, DECOMMISSIONING FUND 1701(b) of Public Law 102–575, is further and acquisition provisions of the Central For necessary expenses in carrying out amended by striking ‘‘$61,000,000’’ and insert- Valley Project Improvement Act, such sums uranium enrichment facility decontamina- ing in lieu thereof ‘‘$62,300,000’’: Provided fur- as may be collected in the Central Valley tion and decommissioning, remedial actions ther, That the unexpended balances of the Project Restoration Fund pursuant to sec- and other activities of title II of the Atomic Bureau of Reclamation appropriation ac- tions 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) Energy Act of 1954 and title X, subtitle A of counts for ‘‘Construction Program (Including of Public Law 102–575, to remain available the Energy Policy Act of 1992, $230,000,000, to Transfer of Funds)’’, ‘‘General Investiga- until expended: Provided, That the Bureau of be derived from the Fund, to remain avail- tions’’, ‘‘Emergency Fund’’, and ‘‘Operation Reclamation is directed to levy additional able until expended. mitigation and restoration payments total- and Maintenance’’ shall be transferred to NUCLEAR WASTE DISPOSAL FUND ing $25,130,000 (October 1992 price levels) on a and merged with this account, to be avail- For nuclear waste disposal activities to able for the purposes for which they origi- three-year rolling average basis, as author- ized by section 3407(d) of Public Law 102–575. carry out the purposes of Public Law 97–425, nally were appropriated: Provided further, as amended, including the acquisition of real That the Secretary of the Interior may use POLICY AND ADMINISTRATION property or facility construction or expan- $80,000 of funding appropriated herein to For necessary expenses of policy, adminis- sion, $160,000,000, to remain available until complete the feasibility study of alter- tration and related functions in the office of expended, to be derived from the Nuclear natives for meeting the drinking water needs the Commissioner, the Denver office, and of- Waste Fund; of which $4,000,000 shall be on the Cheyenne River Sioux Reservation fices in the five regions of the Bureau of Rec- available to the Nuclear Regulatory Com- and surrounding communities in South Da- lamation, to remain available until ex- mission to license a multi-purpose cannister kota: Provided further, That the Secretary of pended, $47,558,000, to be derived from the design; and of which not to exceed $1,500,000 the Interior may use $2,500,000 of funds ap- Reclamation Fund and be nonreimbursable may be provided to the State of Nevada, propriated herein to initiate construction of as provided in 43 U.S.C. 377: Provided, That no solely to conduct scientific oversight respon- the McCall Area Wastewater Reclamation part of any other appropriation in this Act sibilities pursuant to the Nuclear Waste Pol- and Reuse, Idaho project: Provided further, shall be available for activities or functions icy Act of 1982, (Public Law 97–425), as That the Secretary of the Interior may use budgeted as policy and administration ex- amended; and of which not to exceed $300,000 of funding appropriated herein to un- penses. $6,175,000 may be provided to affected local dertake feasibility planning studies and governments, as defined in Public Law 97– SPECIAL FUNDS other activities for the Ute Reservoir Pipe- 425, to conduct appropriate activities pursu- line (Quay County portion), New Mexico (TRANSFER OF FUNDS) ant to the Act: Provided further, That the dis- project: Provided further, That the Secretary Sums herein referred to as being derived tribution of the funds to the units of local of the Interior may use $185,000 of the fund- from the reclamation fund or special fee ac- government shall be determined by the De- ing appropriated herein for a feasibility count are appropriated from the special partment of Energy: Provided further, That study of alternatives for the Crow Creek funds in the Treasury created by the Act of the funds shall be made available to the Rural Water Supply System to meet the June 17, 1902 (43 U.S.C. 391) or the Act of De- State and units of local government by di- drinking water needs on the Crow Creek cember 22, 1987 (16 U.S.C. 460l–6a, as amend- rect payment: Provided further, That within Sioux Indian Reservation. ed), respectively. Such sums shall be trans- ninety days of the completion of each Fed- BUREAU OF RECLAMATION LOAN PROGRAM ferred, upon request of the Secretary, to be eral fiscal year, each State or local entity ACCOUNT merged with and expended under the heads shall provide certification to the Depart- For the cost of direct loans and/or grants, herein specified. ment of Energy, that all funds expended $10,000,000, to remain available until ex- from such payments have been expended for pended, as authorized by the Small Reclama- ADMINISTRATIVE PROVISION activities as defined in Public Law 97–425. tion Projects Act of August 6, 1956, as Appropriations for the Bureau of Reclama- Failure to provide such certification shall amended (43 U.S.C. 422a–422l): Provided, That tion shall be available for purchase of not to cause such entity to be prohibited from any such costs, including the cost of modifying exceed 6 passenger motor vehicles for re- further funding provided for similar activi- such loans, shall be as defined in section 502 placement only. ties: Provided further, That none of the funds S7542 CONGRESSIONAL RECORD — SENATE July 16, 1997

herein appropriated may be: (1) used directly by the Department of Defense according to OPERATION AND MAINTENANCE, SOUTHWESTERN or indirectly to influence legislative action procedures established for Work for Others POWER ADMINISTRATION on any matter pending before Congress or a by the Department of Energy. For necessary expenses of operation and State legislature or for lobbying activity as DEFENSE ENVIRONMENTAL RESTORATION AND maintenance of power transmission facilities provided in 18 U.S.C. 1913; (2) used for litiga- WASTE MANAGEMENT and of marketing electric power and energy, tion expenses; or (3) used to support For Department of Energy expenses, in- and for construction and acquisition of multistate efforts or other coalition building cluding the purchase, construction and ac- transmission lines, substations and appur- activities inconsistent with the restrictions quisition of plant and capital equipment and tenant facilities, and for administrative ex- contained in this Act. other expenses necessary for atomic energy penses, including official reception and rep- SCIENCE defense environmental restoration and waste resentation expenses in an amount not to ex- For expenses of the Department of Energy management activities in carrying out the ceed $1,500 in carrying out the provisions of activities including the purchase, construc- purposes of the Department of Energy Orga- section 5 of the Flood Control Act of 1944 (16 tion and acquisition of plant and capital nization Act (42 U.S.C. 7101, et seq.), includ- U.S.C. 825s), as applied to the southwestern equipment and other expenses necessary for ing the acquisition or condemnation of any power area, $26,500,000, to remain available general science and research activities in real property or any facility or for plant or until expended; in addition, notwithstanding carrying out the purposes of the Department facility acquisition, construction, or expan- the provisions of 31 U.S.C. 3302, not to exceed of Energy Organization Act (42 U.S.C. 7101, et sion; and the purchase of passenger motor $4,650,000 in reimbursements, to remain seq.), including the acquisition or condemna- vehicles (not to exceed 6 for replacement available until expended. only), $5,311,974,000, to remain available until tion of any real property or facility or for CONSTRUCTION, REHABILITATION, OPERATION expended, of which $65,000,000 shall be avail- plant or facility acquisition, construction, or AND MAINTENANCE, WESTERN AREA POWER expansion; and the purchase of 5 passenger able only for ‘‘Closure Projects’’ to acceler- ADMINISTRATION motor vehicles for replacement only, ate closure of specific facilities and thereby $2,084,567,000, to remain available until ex- significantly reduce outyear costs; and, in (INCLUDING TRANSFER OF FUNDS) pended; and, in addition, $138,510,000 science addition, $343,000,000 for privatization For carrying out the functions authorized assets acquisition, to remain available until projects, to remain available until expended. by title III, section 302(a)(1)(E) of the Act of expended. OTHER DEFENSE ACTIVITIES August 4, 1977 (42 U.S.C. 7101, et seq.), and DEPARTMENTAL ADMINISTRATION For Department of Energy expenses, in- other related activities including conserva- tion and renewable resources programs as For salaries and expenses of the Depart- cluding the purchase, construction and ac- authorized, including the replacement of not ment of Energy necessary for Departmental quisition of plant and capital equipment and more than 2 helicopters through transfers, Administration in carrying out the purposes other expenses necessary for atomic energy exchange, or sale, and official reception and of the Department of Energy Organization defense, other defense activities, in carrying representation expenses in an amount not to Act (42 U.S.C. 7101, et seq.), including the out the purposes of the Department of En- exceed $1,500, $180,334,000, to remain available hire of passenger motor vehicles and official ergy Organization Act (42 U.S.C. 7101, et until expended, of which $174,935,000 shall be reception and representation expenses (not seq.), including the acquisition or condemna- derived from the Department of the Interior to exceed $35,000), $220,847,000, to remain tion of any real property or any facility or Reclamation Fund: Provided, That of the available until expended, plus such addi- for plant or facility acquisition, construc- amount herein appropriated, $5,592,000 is for tional amounts as necessary to cover in- tion, or expansion, and the purchase of pas- deposit into the Utah Reclamation Mitiga- creases in the estimated amount of cost of senger motor vehicles (not to exceed 2 for re- tion and Conservation Account pursuant to work for others notwithstanding the provi- placement only), $1,637,981,000, to remain title IV of the Reclamation Projects Author- sions of the Anti-Deficiency Act (31 U.S.C. available until expended. ization and Adjustment Act of 1992: Provided 1511, et seq.): Provided, That such increases DEFENSE NUCLEAR WASTE DISPOSAL further, That the Secretary of the Treasury in cost of work are offset by revenue in- For nuclear waste disposal activities to is authorized to transfer from the Colorado creases of the same or greater amount, to re- carry out the purposes of Public Law 97–425, River Dam Fund to the Western Area Power main available until expended: Provided fur- as amended, including the acquisition of real Administration $5,592,000 to carry out the ther, That moneys received by the Depart- property or facility construction or expan- power marketing and transmission activities ment for miscellaneous revenues estimated sion, $190,000,000, to remain available until of the Boulder Canyon project as provided in to total $131,330,000 in fiscal year 1998 may be expended. section 104(a)(4) of the Hoover Power Plant retained and used for operating expenses POWER MARKETING ADMINISTRATIONS Act of 1984, to remain available until ex- within this account, and may remain avail- OPERATION AND MAINTENANCE, ALASKA POWER pended. able until expended, as authorized by section ADMINISTRATION 201 of Public Law 95–238, notwithstanding the FALCON AND AMISTAD OPERATING AND provisions of 31 U.S.C. 3302: Provided further, For necessary expenses of operation and MAINTENANCE FUND That the sum herein appropriated shall be maintenance of projects in Alaska and of marketing electric power and energy, For operation, maintenance, and emer- reduced by the amount of miscellaneous rev- gency costs for the hydroelectric facilities at enues received during fiscal year 1998 so as to $3,500,000, to remain available until ex- pended; and, in addition, $20,000,000 for cap- the Falcon and Amistad Dams, $1,065,000, to result in a final fiscal year 1998 appropria- remain available until expended, and to be tion from the General Fund estimated at not ital assets acquisition, to remain available until expended. derived from the Falcon and Amistad Oper- more than $89,517,000. ating and Maintenance Fund of the Western BONNEVILLE POWER ADMINISTRATION FUND OFFICE OF THE INSPECTOR GENERAL Area Power Administration, as provided in Expenditures from the Bonneville Power For necessary expenses of the Office of the section 423 of the Foreign Relations Author- Administration Fund, established pursuant ization Act, fiscal years 1994 and 1995. Inspector General in carrying out the provi- to Public Law 93–454, are approved for the sions of the Inspector General Act of 1978, as anadromous fish supplementation facilities FEDERAL ENERGY REGULATORY COMMISSION amended, $27,500,000, to remain available in the Yakima River Basin, Methow River SALARIES AND EXPENSES until expended. Basin and Upper Snake River Basin, for the For necessary expenses of the Federal En- ATOMIC ENERGY DEFENSE ACTIVITIES Billy Shaw Reservoir resident fish substi- ergy Regulatory Commission to carry out WEAPONS ACTIVITIES tution project, and for the resident trout fish the provisions of the Department of Energy For Department of Energy expenses, in- culture facility in southeast Idaho; and for Organization Act (42 U.S.C. 7101, et seq.), in- cluding the purchase, construction and ac- official reception and representation ex- cluding services as authorized by 5 U.S.C. quisition of plant and capital equipment and penses in an amount not to exceed $3,000. 3109, the hire of passenger motor vehicles, other expenses necessary for atomic energy During fiscal year 1998, no new direct loan and official reception and representation ex- defense weapons activities in carrying out obligations may be made. penses (not to exceed $3,000), $162,141,000, to the purposes of the Department of Energy OPERATION AND MAINTENANCE, SOUTHEASTERN remain available until expended: Provided, Organization Act (42 U.S.C. 7101, et seq.), in- POWER ADMINISTRATION That notwithstanding any other provision of cluding the acquisition or condemnation of For necessary expenses of operation and law, not to exceed $162,141,000 of revenues any real property or any facility or for plant maintenance of power transmission facilities from fees and annual charges, and other or facility acquisition, construction, or ex- and of marketing electric power and energy services and collections in fiscal year 1998 pansion; and the purchase of passenger pursuant to the provisions of section 5 of the shall be retained and used for necessary ex- motor vehicles (not to exceed 70 for replace- Flood Control Act of 1944 (16 U.S.C. 825s), as penses in this account, and shall remain ment only), $4,302,450,000, to remain available applied to the southeastern power area, available until expended: Provided further, until expended, of which $2,000,000 is provided $12,222,000, to remain available until ex- That the sum herein appropriated from the for improvements to Greenville Road in pended; in addition, notwithstanding 31 General Fund shall be reduced as revenues Livermore, California: Provided, That fund- U.S.C. 3302, not to exceed $20,000,000 in reim- are received during fiscal year 1998 so as to ing for any ballistic missile defense program bursements for transmission wheeling and result in a final fiscal year 1998 appropria- undertaken by the Department of Energy for ancillary services, to remain available until tion from the General Fund estimated at not the Department of Defense shall be provided expended. more than $0. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7543

TITLE IV OFFICE OF INSPECTOR GENERAL (2) inserting in subsection (a) ‘‘planning, INDEPENDENT AGENCIES (INCLUDING TRANSFER OF FUNDS) design, and construction of the’’ following ‘‘to participate in the’’; and APPALACHIAN REGIONAL COMMISSION For necessary expenses of the Office of In- (3) inserting in subsection (a) ‘‘and non- For expenses necessary to carry out the spector General in carrying out the provi- potable surface water’’ following ‘‘impaired programs authorized by the Appalachian Re- sions of the Inspector General Act of 1978, as ground water’’. gional Development Act of 1965, as amended, amended, including services authorized by 5 SEC. 503. Section 1208(a)(2) of the Yavapai- notwithstanding section 405 of said Act, and U.S.C. 3109, $4,800,000, to remain available Prescott Indian Treaty Settlement Act of for necessary expenses for the Federal Co- until expended; and in addition, an amount 1994 (Public Law 103–434) is amended by Chairman and the alternate on the Appa- not to exceed 5 percent of this sum may be striking ‘‘$4,000,000 for construction’’ and in- lachian Regional Commission and for pay- transferred from Salaries and Expenses, Nu- serting in lieu thereof ‘‘$13,000,000, at 1997 ment of the Federal share of the administra- clear Regulatory Commission: Provided, That prices, for construction plus or minus such tive expenses of the Commission, including notice of such transfers shall be given to the amounts as may be justified by reason of or- services as authorized by 5 U.S.C. 3109, and Committees on Appropriations of the House dinary fluctuations of applicable cost in- hire of passenger motor vehicles, $160,000,000, and Senate: Provided further, That from this dexes’’. to remain available until expended. appropriation, transfers of sums may be SEC. 504. (a) The State of West Virginia DEFENSE NUCLEAR FACILITIES SAFETY BOARD made to other agencies of the Government shall receive credit towards its required con- SALARIES AND EXPENSES for the performance of the work for which tribution under Contract No. DACW59–C–0071 For necessary expenses of the Defense Nu- this appropriation is made, and in such cases for the cost of recreational facilities to be clear Facilities Safety Board in carrying out the sums so transferred may be merged with constructed by a joint venture of the State activities authorized by the Atomic Energy the appropriation to which transferred: Pro- in cooperation with private interests for Act of 1954, as amended by Public Law 100– vided further, That revenues from licensing recreation development at Stonewall Jack- 456, section 1441, $17,500,000, to remain avail- fees, inspection services, and other services son Lake, West Virginia, except that the able until expended. and collections shall be retained and used for State shall receive no credit for costs associ- necessary salaries and expenses in this ac- NUCLEAR REGULATORY COMMISSION ated with golf course development and the count, notwithstanding 31 U.S.C. 3302, and SALARIES AND EXPENSES amount of the credit may not exceed the shall remain available until expended: Pro- amount owed by the State under the Con- (INCLUDING TRANSFER OF FUNDS) vided further, That the sum herein appro- tract. For necessary expenses of the Commission priated shall be reduced by the amount of (b) The Corps of Engineers shall revise in carrying out the purposes of the Energy revenues received during fiscal year 1998 both the 1977 recreation cost-sharing agree- Reorganization Act of 1974, as amended, and from licensing fees, inspection services, and ment and the Park and Recreation Lease the Atomic Energy Act of 1954, as amended, other services and collections, so as to result dated October 2, 1995 to remove the require- including the employment of aliens; services in a final fiscal year 1998 appropriation esti- ment that such recreation facilities are to be authorized by 5 U.S.C. 3109; publication and mated at not more than $0. owned by the Government at the time of dissemination of atomic information; pur- NUCLEAR WASTE TECHNICAL REVIEW BOARD their completion as contained in Article 2–06 chase, repair, and cleaning of uniforms; offi- SALARIES AND EXPENSES of the cost-sharing agreement and Article 36 cial representation expenses (not to exceed of the lease. $20,000); reimbursements to the General For necessary expenses of the Nuclear (c) Nothing in this section shall reduce the Services Administration for security guard Waste Technical Review Board, as author- amount of funds owed the United States services; hire of passenger motor vehicles ized by Public Law 100–203, section 5051, Government pursuant to the 1977 recreation and aircraft, $476,500,000, to remain available $3,200,000, to be derived from the Nuclear cost-sharing agreement. until expended: Provided, That of the amount Waste Fund, and to remain available until SEC. 505. (a) IN GENERAL.—For fiscal year appropriated herein, $17,000,000 shall be de- expended. 1998 and each fiscal year thereafter, appro- rived from the Nuclear Waste Fund: Provided TENNESSEE VALLEY AUTHORITY priations, made for the Bureau of Reclama- further, That from this appropriation, trans- For the purpose of carrying out the provi- tion may be used by the Secretaries of the fer of sums may be made to other agencies of sions of the Tennessee Valley Authority Act Interior for the purpose of entering into co- the Government for the performance of the of 1933, as amended (16 U.S.C. ch. 12A), in- operative agreements with willing private work for which this appropriation is made, cluding hire, maintenance, and operation of landowners for restoration and enhancement and in such cases the sums so transferred aircraft, and purchase and hire of passenger of fish, wildlife, and other resources on pub- may be merged with the appropriation to motor vehicles, $86,000,000, to remain avail- lic or private land or both that benefit the which transferred: Provided further, That able until expended: water and lands within a watershed that con- moneys received by the Commission for the TITLE V tains a Bureau of Reclamation project. cooperative nuclear safety research program, (b) DIRECT AND INDIRECT WATERSHED services rendered to State governments, for- GENERAL PROVISIONS AGREEMENTS.—The Secretary of the Interior eign governments and international organi- SEC. 501. (a) PURCHASE OF AMERICAN-MADE may enter into a watershed restoration and zations, and the material and information EQUIPMENT AND PRODUCTS.—It is the sense of enhancement agreement— access authorization programs, including the Congress that, to the greatest extent (1) directly with a willing private land- criminal history checks under section 149 of practicable, all equipment and products pur- owner, or the Atomic Energy Act may be retained and chased with funds made available in this Act (2) indirectly through an agreement with a used for salaries and expenses associated should be American-made. State, local, or tribal government or other with those activities, notwithstanding 31 (b) NOTICE REQUIREMENT.—In providing fi- public entity, educational institution, or pri- U.S.C. 3302, and shall remain available until nancial assistance to, or entering into any vate nonprofit organization. expended: Provided further, That revenues contract with, any entity using funds made (c) TERMS AND CONDITIONS.—In order for from licensing fees, inspection services, and available in this Act, the head of each Fed- the Secretary to enter into a watershed res- other services and collections estimated at eral agency, to the greatest extent prac- toration and enhancement agreement— $457,500,000 in fiscal year 1998 shall be re- ticable, shall provide to such entity a notice (1) the agreement shall— tained and used for necessary salaries and describing the statement made in subsection (A) include such terms and conditions mu- expenses in this account, notwithstanding 31 (a) by the Congress. tually agreed to by the Secretary and the U.S.C. 3302, and shall remain available until (c) PROHIBITION OF CONTRACTS WITH PER- landowner; expended: Provided further, That the funds SONS FALSELY LABELING PRODUCTS AS MADE (B) improve the viability of and otherwise herein appropriated for regulatory reviews IN AMERICA.—If it has been finally deter- benefit the fish, wildlife, and other resources and other assistance provided to the Depart- mined by a court or Federal agency that any on, in the watershed; ment of Energy and other Federal agencies person intentionally affixed a label bearing a (C) authorize the provision of technical as- shall be excluded from license fee revenues, ‘‘Made in America’’ inscription, or any in- sistance by the Secretary in the planning of notwithstanding 42 U.S.C. 2214: Provided fur- scription with the same meaning, to any activities that will further the purposes of ther, That the sum herein appropriated shall product sold in or shipped to the United the agreement; be reduced by the amount of revenues re- States that is not made in the United States, (D) provide for the sharing of costs of im- ceived during fiscal year 1998 from licensing the person shall be ineligible to receive any plementing the agreement among the Fed- fees, inspection services and other services contract or subcontract made with funds eral Government, the landowner, and other and collections, excluding those moneys re- made available in this Act, pursuant to the entities, as mutually agreed on by the af- ceived for the cooperative nuclear safety re- debarment, suspension, and ineligibility pro- fected interests; and search program, services rendered to State cedures described in sections 9.400 through (E) ensure that any expenditures by the governments, foreign governments and inter- 9.409 of title 48, Code of Federal Regulations. Secretary pursuant to the agreement is de- national organizations, and the material and SEC. 502. Section 1621 of title XVI of the termined by the Secretary to be in the public information access authorization programs, Reclamation Wastewater and Groundwater interest; and so as to result in a final fiscal year 1997 ap- Act, Public Law 104–266, is amended by— (2) the Secretary may require such other propriation estimated at not more than (1) striking ‘‘Study’’ in the section title, terms and conditions as are necessary to pro- $19,000,000. and inserting ‘‘Project’’; tect the public investment on private lands: S7544 CONGRESSIONAL RECORD — SENATE July 16, 1997 Provided, That such terms and conditions are my understanding that it is not pos- The amendment (No. 894), as modi- mutually agreed to by the Secretary and the sible to get a time agreement on that fied, was agreed to. landowner. amendment at this time. Mr. MURKOWSKI. Mr. President, I This Act may be cited as the ‘‘Energy and So, Mr. President, seeing my col- move to reconsider the vote by which Water Development Appropriations Act, league from Alaska on his feet, I yield 1998’’. the amendment was agreed to. the floor. Mr. MCCONNELL. I move to lay that f Mr. MURKOWSKI addressed the motion on the table. FOREIGN OPERATIONS, EXPORT Chair. The motion to lay on the table was FINANCING, AND RELATED PRO- The PRESIDING OFFICER. The Sen- agreed to. GRAMS APPROPRIATIONS ACT, ator from Alaska. Several Senators addressed the 1998 Mr. MURKOWSKI. I thank the chair- Chair. man. The Senate continued with the con- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 894, AS MODIFIED sideration of the bill. ator from Kentucky. (Purpose: To provide an additional condition Mr. MCCONNELL. The Senator from AMENDMENT NO. 888 on the availability of $14 million in debt Kansas has been here patiently on the The PRESIDING OFFICER. The relief for North Korea) floor for some time and ready to offer question is on agreeing to the amend- Mr. MURKOWSKI. Mr. President, I two amendments which have been ment of the Senator from Oregon. call up amendment No. 894, and I send cleared on both sides. The amendment (No. 888), as amend- a modification of the amendment to Therefore, I yield the floor. ed, was agreed to. the desk. The PRESIDING OFFICER. The Sen- Mr. McCONNELL. Mr. President, I The PRESIDING OFFICER. The ator from Kansas. move to reconsider the vote by which clerk will report. Mr. BROWNBACK. I thank the chair- The legislative clerk read as follows: the amendment was agreed to. man very much. Mr. LEAHY. I move to lay that mo- The Senator from Alaska [Mr. MURKOW- AMENDMENT NO. 892 tion on the table. SKI], for himself, Mr. MCCAIN, and Mr. NICK- Mr. BROWNBACK. Mr. President, I The motion to lay on the table was LES, proposes an amendment numbered 894, as modified. call up my amendment numbered 892. agreed to. Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The PRIVILEGE OF THE FLOOR ask unanimous consent that reading of amendment is now pending. Mr. McCONNELL. Mr. President, I the amendment be dispensed with. Mr. BROWNBACK. Mr. President, I ask unanimous consent that William The PRESIDING OFFICER. Without rise today to introduce an amendment D. Jackson, a congressional fellow on objection, it is so ordered. to S. 955. Senator JEFFORDS’ staff, be granted The amendment is as follows: This amendment deals with the Unit- privileges of the floor for the pendency On page 33, line 9, strike the period and in- ed States policy for the south Caucasus of this legislation. sert in lieu thereof the following: ‘‘Provided and Central Asia, an area of the world The PRESIDING OFFICER. Without further, That the additional $14,000,000 made that was once crisscrossed by the an- objection, it is so ordered. available to KEDO under this heading may not be obligated or expended until the Sec- cient Silk Road, which includes the Mr. McCONNELL. Mr. President, retary of State certifies and reports to Con- countries—I have a map here for Sen- Senator MURKOWSKI is here for the pur- gress that North Korea has not violated the ators to be able to look at—of Arme- pose of modifying his own amendment. Military Armistice Agreement of 1953 during nia, Azerbaijan, Georgia, Kazakstan, We are going to go to Senator the preceding nine months.’’. Kyrgystan, Tajikistan, Turkmenistan, BROWNBACK, who has two amendments The PRESIDING OFFICER. The Sen- and Uzbekistan. This amendment deals to offer which have been cleared on ator’s amendment is so modified. with these countries. both sides; then to Senator ALLARD, Mr. MURKOWSKI. Mr. President, I These countries are very vital and who has an amendment on which I un- ask that my colleagues, Senator important countries at a crossroads in derstand it is possible to get a 30- MCCAIN and Senator NICKLES, be named their development. They are, as I men- minute time agreement equally di- as cosponsors. tioned, along the ancient Silk Road, if vided. The PRESIDING OFFICER. Without people can imagine and conjure up So, Mr. President, I ask unanimous objection, it is so ordered. those images of that area of the world consent that the Allard amendment, Mr. MURKOWSKI. Mr. President, it and the importance it has had in the when it is offered, be limited to 30 min- is my understanding that the amend- past and the importance it now has and utes of debate equally divided. ment has been agreed to on both sides. will continue to have for U.S. policy. Mr. ALLARD. Mr. President, reserv- It provides that the additional $14 mil- We have vital political, social and eco- ing the right to object, I think there lion appropriated to relieve the KEDO nomic interests there, and they need to was a mistake in the remarks. There debt not be available until the Sec- be acted on before it is too late. was going to be 15 minutes on each retary of State certificates that North They are independent for the first side, and the request was for 15 min- Korea has not violated the military ar- time in almost a century. They are lo- utes equally divided. I wanted to clar- mistice agreement of 1953 during the cated at the juncture of many of to- ify. preceding 9 months. day’s major world forces, and they are Mr. LEAHY. Mr. President, reserving Basically, the amendment puts North all rich in natural resources. And they the right to object, why don’t we with- Korea on notice that additional funds are looking west for the first time. hold the request on the Allard amend- will not be available if North Korea They are emerging after nearly a cen- commits another violation like the in- ment until I see what it is. But I don’t tury of being plundered by a Com- cident this morning at the DMZ. know whether that is going to be munist regime. While actively taking I urge adoption of the amendment. enough time. Mr. MCCONNELL. Mr. President, it is out their resources, the Soviets put lit- Mr. McCONNELL. I am sorry. I my understanding that this amend- tle back. These countries now find apologize to my colleague from Ver- ment is not objected to by either side. themselves free to govern themselves. mont. I thought he knew the substance I am unaware of any additional speak- Again, as I stated earlier, they are of the Allard amendment. So I will ers. looking west. The very fact that they withhold on asking for a time agree- The PRESIDING OFFICER. The yeas have had little experience with inde- ment on the Allard amendment for the and nays have previously been ordered. pendence, and that their economies are moment. Mr. MURKOWSKI. I ask unanimous essentially starting from scratch, Then Senator HUTCHISON is here to consent to vitiate the order for the leaves them in a precarious situation, offer an amendment with regard to yeas and nays. which is all the more precarious be- MFN and China. Then Senator DODD The PRESIDING OFFICER. Without cause of their geographic location. and Senator MCCAIN wish to offer an objection, it is so ordered. Consider this: They are placed be- amendment related to the drug certifi- Is there further debate? If not, the tween the empire from which they re- cation process for Mexico, which will question is on agreeing to the amend- cently declared independence and an be a rather spirited discussion, and it is ment of the Senator from Alaska. extremist Islamic regime to the July 16, 1997 CONGRESSIONAL RECORD — SENATE S7545 south—both of which have a strong in- I urge my colleagues to adopt this gathering intelligence information regarding terest in exerting economic and politi- amendment. human rights abuses and acts of religious cal pressure upon them. I believe it has been worked out with persecution. both the majority and the minority (b) REPORT.—Not later than March 30, 1998, All of the Silk Road countries are the President shall submit to the Permanent currently seeking U.S. investment and staff to agree to this amendment. I ask Select Committee on Intelligence of the encouragement, and are looking to us that the amendment be agreed to. House of Representatives and the Select to participate actively in working out Mr. President, I urge its adoption. Committee on Intelligence of the Senate a regional political, economic and strate- The PRESIDING OFFICER. Is there report on the number of personnel and re- gic cooperation. further debate on the amendment? If sources that are being devoted to gathering Mr. President, we should be actively not, the question is on agreeing to the intelligence information regarding human responding to their appeals. We have amendment. rights abuses and acts of religious persecu- tion. now the opportunity to spread freedom The amendment (No. 892) was agreed and democratic ideals in a region his- to. Mr. BROWNBACK. Mr. President, I torically dominated by Russia and Mr. MCCONNELL. Mr. President, I rise today to offer an amendment to Iran. The doors are open to promote in- move to reconsider the vote. this bill that would require the Clinton Mr. BROWNBACK. I move to lay that stitutions of democratic government administration to improve the manner motion on the table. and create the conditions for the in which the State Department and our The motion to lay on the table was intelligence agencies monitor and pub- growth of pluralistic societies and reli- agreed to. gious tolerance. These countries are a licize cases of religious persecution and AMENDMENT NO. 884, AS MODIFIED human rights abuses. major force in containing the spread Mr. BROWNBACK. Mr. President, I Persecution of people of faith has northward of anti-Western Islamic ex- would like to call up amendment 884 been on the rise around the world. Gov- tremism. So far, these nations remain and send a modification to the desk. ernments throughout the world have largely open to us. The PRESIDING OFFICER. The been denying people the fundamental I would also like to point out some- clerk will report. right of freedom of religion, a fun- thing else that is important about this The bill clerk read as follows: damental right upon which this coun- region: that is the Caspian Sea overlap- The Senator from Kansas [Mr. BROWNBACK] try was built. ping the territory of the South proposes an amendment numbered 884, as As a matter of policy, the United Caucasus and Central Asia that is rich modified. States should be doing all it can to in natural resources as I mentioned Mr. BROWNBACK. Mr. President, I bring religious persecution and other earlier. ask unanimous consent that reading of human rights violations to an end. One I have another chart here I would the amendment be dispensed with. problem we face, however, is that we do like to show you to illustrate the en- The PRESIDING OFFICER. Without not have an accurate accounting of the ergy resources which exist in the Cas- objection, it is so ordered. extent to which many governments pian Sea area right here. If people The amendment is as follows: persecute people of faith. We do not At the appropriate place, insert the follow- would look at this chart, this is know the number of prisoners nor do ‘‘Worldwide Undiscovered Resource Po- ing: SEC. . PROMOTION OF RELIGIOUS FREEDOM we even have all the names of those tential of Oil and Gas’’. You have the prisoners. What we need is an accurate Middle East and Russia, the two lead- AND HUMAN RIGHTS. (a) REPORTS.—Not later than March 30, accounting of religious persecution. We ers, and then the Caspian Sea area is 1998, and each subsequent year thereafter, need the administration to devote potentially the third largest in the the Secretary of State shall submit to the greater resources to monitoring reli- world, some say up to $4 trillion worth International Relations Committee of the gious persecution and to informing the House of Representatives and the Foreign of oil and gas in this region, creating Congress, as well as the American peo- significant interest for economic ties Relations Committee of the Senate an an- nual report on religious persecution on a ple, about such instances. and investments as well. The United We also need to encourage a formal States should do everything possible to country-by-country basis. Reports shall in- clude a list of individuals who have been ma- dialog with countries throughout the promote the sovereignty and independ- terially involved in the commission of acts world to bring religious persecution to ence as well as encourage solid diplo- of persecution that are motivated by a per- an end. Specifically, my amendment matic and economic cooperation be- son’s religion. would do the following: Require a reli- tween these nations. (b) PRISONER INFORMATION REGISTRY.—The gious persecution report modeled on Secretary of State shall establish a Prisoner In order to do that, we need to take the State Department human rights re- a number of positive steps. No. 1, we Information Registry which shall provide in- formation on all political prisoners, pris- port; require the establishment of a should be strong and active in helping prison information registry; require resolve local conflicts. No. 2, we should oners of conscience, and prisoners of faith on a country-by-country basis. Such informa- the President to devote greater intel- be providing economic assistance to tion shall include the charges, judicial proc- ligence resources to gathering informa- provide positive incentives for inter- esses, administrative actions, use of forced tion regarding human rights abuses national private investment and in- labor, incidences of torture, length of impris- and acts of religious persecution; and creased trade. No. 3, we should be as- onment, physical and health conditions, and encourage the administration to work other matters related to the incarceration of sisting in the development of the infra- with other nations to establish a Com- structure necessary for communica- such prisoners. The Secretary of State is au- thorized to make funds available to non- mission on Security and Cooperation in tion, transportation, energy and trade Asia which would be modeled after the on an East-West access. No. 4, we governmental organizations presently en- gage in monitoring activities regarding such Commission on Security and Coopera- should be providing assistance to help prisoners to assist in the creation and main- tion in Europe. fight the scourge of narcotics traffick- tenance of the registry. Mr. President, the U.S. Government ing, weapons of mass destruction, orga- (c) SENSE OF CONGRESS CONCERNING ESTAB- has a responsibility to provide the pub- nized crime and No. 5, perhaps the LISHMENT OF A COMMISSION ON SECURITY AND lic a better understanding of the extent most important of all, we should be COOPERATION IN ASIA.—It is the sense of the Congress that Congress, the President, and to which nations violate this basic supplying all the assistance possible to right of their citizens. My amendment strengthen democracy and tolerance the Secretary of State should work with the governments of the People’s Republic of would move us in this direction. I ask and the development of civil society. China and other countries to establish a that my amendment be adopted. These are the best ways to remain Commission on Security and Cooperation in The PRESIDING OFFICER. Is there sure that these countries will grow in Asia which would be modeled after the Com- further debate? If not, the question is independence and move strongly to- mission on Security and Cooperation in Eu- on agreeing to the amendment. ward open and free government. Our rope. The amendment (No. 884), as modi- time to focus on this region is now, to SEC. . UNITED STATES INTELLIGENCE ACTIVI- fied, was agreed to. TIES RELATED TO MONITORING keep them from spreading into an area Mr. MCCONNELL. Mr. President, I HUMAN RIGHTS ABUSES AND RELI- or being infiltrated by the spread of the GIOUS PERSECUTION. move to reconsider the vote. anti-Western fundamentalism that is (a) IN GENERAL.—The President shall de- Mr. BROWNBACK. I move to lay that in this region of the world. That is why vote additional personnel and resources to motion on the table. S7546 CONGRESSIONAL RECORD — SENATE July 16, 1997 The motion to lay on the table was chairman and ranking member for volving the consumptive use of wild- agreed to. working on a good amendment that we life. My amendment requires USAID to Mr. BROWNBACK. I yield the floor. can all agree on. I am particularly submit a report to Congress providing Mr. LEAHY addressed the Chair. grateful to Senators LEAHY and alternatives to trophy hunting, and the The PRESIDING OFFICER. The Sen- MCCONNELL for their assistance and co- impact of the program on the people ator from Vermont. operation on this amendment. and wildlife of CAMPFIRE districts. Mr. LEAHY. Mr. President, I see the Briefly, our amendment would main- People in Zimbabwe are living under distinguished Senator from California tain the positive aspects of the CAMP- very different conditions than we in is in the Chamber. I understand she has FIRE Program while restricting U.S. the United States. We must recognize an amendment that may not take a taxpayer funds being used for activities these differences in our approach to de- good deal of time, and I yield the floor. which are inconsistent with the goals velopment while maintaining our high Mrs. BOXER. I thank the Senator. of sustainable development for people values and ideals. The CAMPFIRE Pro- The PRESIDING OFFICER. The Sen- and management of natural resources. gram in Zimbabwe will end in 1999, but ator from California. My amendment would assure that no USAID-funded development programs AMENDMENT NO. 897 taxpayer money is used to finance the will continue for years to come. I am Mrs. BOXER. I will be very brief. The trophy hunting of elephants and other hopeful that the report which USAID work has been done on this amend- endangered species or no taxpayer will submit to Congress, will provide ment. I send an amendment to the desk money could be used for any lobbying the United States with ideas for in- and ask for its immediate consider- activities to weaken elephant protec- come diversification for future pro- grams so that we can move away from ation. tion standards. So we really basically the consumptive use of wildlife as a The PRESIDING OFFICER. The do two things: Taxpayer dollars from management regime. clerk will report. America cannot be used to foster tro- USAID has proposed several improve- The bill clerk read as follows: phy hunting in Zimbabwe and taxpayer money cannot be used to lobby Sen- ments to the CAMPFIRE Program in The Senator from California [Mrs. BOXER], ators or House Members or administra- recent months. These improvements for herself, Mr. ALLARD, Mr. SMITH of New are the result of the concerns raised by Hampshire, Mr. LEAHY, and Mr. TORRICELLI, tion people to weaken elephant protec- proposes an amendment numbered 897. tion standards such as the ban on many concerned citizens and organiza- ivory. tions such as the Humane Society of Mrs. BOXER. Mr. President, I ask the United States. I commend the Hu- unanimous consent that reading of the Mr. President, these magnificent ani- mals should be protected, not ex- mane Society for their efforts to make amendment be dispensed with. the United States more responsible for The PRESIDING OFFICER. Without ploited. Our amendment requires USAID to submit a report to Congress the use of taxpayer dollars. I also ap- objection, it is so ordered. plaud USAID for taking steps to ad- The amendment is as follows: on alternatives to trophy hunting and the impact of the CAMPFIRE Program dress these concerns. I believe that this At the appropriate place, insert: on people and wildlife of Zimbabwe. I process has been beneficial for all of WILDLIFE CONSERVATION think these are very important steps in those involved—especially the people SEC. . Of the funds appropriated by this addressing the criticism about the way and wildlife of Zimbabwe. Act, not more than $2,900,000 may be made I want to thank Senators LEAHY, the program works. Some of us would available for the Communal Areas Manage- SMITH, ALLARD, and TORRICELLI for have liked to have gone further than ment Programme for Indigenous Resources helping to make this a bipartisan effort this, but we think that this amend- (CAMPFIRE) in Zimbabwe: Provided, That toward improving development aid, ment, the way it is drawn, will receive none of the funds appropriated by this Act maximizing benefits to local people, may be used to directly finance the trophy unanimous support, and we think is an promoting a healthy elephant popu- hunting of elephants or other endangered important step to be taken. lation, and ensuring that U.S. taxpayer species as defined in the Convention on The CAMPFIRE Program is bene- International Trade in Endangered Species money is used wisely. ficial to many rural impoverished peo- Mr. ALLARD. Mr. President, I would of Flora and Fauna (CITES) or the Endan- ple in Zimbabwe. It helps to provide gered Species Act: Provided further, That like to begin by congratulating Chair- the skills and tools necessary to enable the funds appropriated by this Act that are man MCCONNELL and Senator LEAHY provided under the CAMPFIRE program may local communities to make local deci- for their hard work in crafting this leg- not be used for activities with the express in- sions about how to manage their natu- islation and working to include lan- tent to lobby or otherwise influence inter- ral resources and generate revenue. guage on the CAMPFIRE Program in national conventions or treaties, or United However, there are certain aspects of the bill. States government decision makers: Pro- the program which do not promote sus- Mr. President, as I have made very vided further, That funds appropriated by tainable development for rural people this Act that are made available for the clear in the past, I am a strong sup- or improve natural resource manage- porter of fiscal responsibility on the CAMPFIRE program may be used only in ment. My amendment restricts United Zimbabwe for the purpose of maximizing part of the Federal Government. It is benefits to rural people while strengthening States taxpayer dollars from being our responsibility to use taxpayer’s natural resources management institutions: spent on those needless activities and dollars in the most effective, and effi- Provided further, That not later than March directs all funds to be used to maxi- cient way possible. This responsibility 1, 1998, the Administrator of the Agency for mize benefits to rural people while at times mandates that we review and International Development shall submit a strengthening natural resources man- question just where our tax dollars are report to the appropriate congressional com- agement institutions in Zimbabwe. going. mittees describing the steps taken to imple- I am aware that there have been When USAID’s Communal Areas ment the CAMPFIRE program, the impact of many concerns raised about the trophy the program on the people and wildlife of Management Programme for Indige- CAMPFIRE districts, alternatives to trophy hunting aspects of the program. I do nous Resources or CAMPFIRE Pro- hunting as a means of generating income for not support trophy hunting and I do gram was first brought to my atten- CAMPFIRE districts, and a description of not believe that one penny of taxpayer tion, I had to ask myself, just why are how funds made available for CAMPFIRE in money should be used to finance tro- United States taxpayer’s dollars being fiscal year 1998 are to be used. phy hunting. My amendment will en- spent to fund big game hunting of ele- Mrs. BOXER. The amendment that I sure that no U.S. taxpayer dollars are phants in Zimbabwe? If a program have sent to the desk is a bipartisan directly spent on trophy hunting ac- could spend dollars to hunt elephants amendment cosponsored by Senators tivities. how else are they spending our money? ALLARD, SMITH, LEAHY, and However, I do recognize that trophy Asking myself these questions was not TORRICELLI, and it concerns the CAMP- hunting will continue in Zimbabwe. I enough, so I began a comprehensive re- FIRE Program in Zimbabwe. I particu- believe that we need to provide coun- view of the CAMPFIRE Program. larly want to pay tribute to my col- tries like Zimbabwe with viable alter- Mr. President, I am pleased to an- leagues, Senators ALLARD and SMITH, natives to trophy hunting which con- nounce, that as a result of congres- for being so strong on this subject. I tinue to generate income and promote sional review a little more fiscal re- thank my staff and the staffs of the sustainable development without in- sponsibility has been restored to the July 16, 1997 CONGRESSIONAL RECORD — SENATE S7547

U.S. Government. Our review of CAMP- Mr. MCCONNELL. The Senator is penses for the Overseas Private Invest- FIRE has produced three highly bene- correct. ment Corporation and scales it back to ficial results. Mr. CRAIG. Finally, it is my under- its 1994 level of $21 million. First of all, fiscal year 1998 will be standing that nothing in this amend- Now, why was the year 1994 selected? the last year that the CAMPFIRE ment should be interpreted as having In 1994, with Public Law 103–392, OPIC’s project will receive funding. This will any effect on any other U.S. law or reg- congressional authorized lending au- end the cycle of appropriations that ulation regarding wildlife conservation thority was last raised. This increased has already lead to $28 million being and hunting. the maximum contingent liability or spent on this program. This amount, Mr. MCCONNELL. The Senator is lending authority cap for insurance though small in respect to the overall correct. from $9 billion to $13.5 billion and in- budget, is a good start to tightening up Mr. CRAIG. I thank the Senator. creased the contingent liability cap for Government spending, especially U.S. Mrs. BOXER. I ask for the yeas and financing from $2.5 billion to $9.5 mil- funding for international projects. nays on this amendment. lion. However, since 1994, there have Second, the appropriations language The PRESIDING OFFICER. Is there a been no increases in the authorized states that no U.S. tax dollars will go sufficient second? lending cap for OPIC. As a matter of to directly fund the big game trophy Mrs. BOXER. I rescind that request. I fact, I have recently learned that while hunting of Zimbabwe’s elephants. I ask for a voice vote. at the end of 1996 OPIC’s liability expo- think we can agree that an endangered The PRESIDING OFFICER. Is there sure has increased, their total number species such as the elephant should not further debate on the amendment? If of issuances has decreased. be hunted with the tacit consent of the not, the question is on agreeing to the Now, in 1995, 1996 and 1997, OPIC’s ad- U.S. taxpayer through governmental amendment. ministrative expense appropriations funding. The amendment (No. 897) was agreed have increased. In 1994, their adminis- Finally, for the remaining time to. trative expense was $20.2 million; in CAMPFIRE is funded, USAID must Mr. McCONNELL. Mr. President, I 1995, their administrative expense was submit to Congress the steps they have move to reconsider the vote. $25.8 million; in 1996, their administra- taken to implement the CAMPFIRE Mr. LEAHY. I move to lay that mo- tive cost was $21.8 million, and in 1997 Program. This will allow us to watch tion on the table. their administrative costs again in- their use of our dollars. For far too The motion to lay on the table was creased to $32 million, while their cap was not increased one dime. In fact, long the U.S. has funded international agreed to. there is a zero percent increase since programs with little or no oversight— AMENDMENT NO. 891 (Purpose: To decrease the amount of funds 1994. this will serve as an example of how Now, their administrative appropria- Congress should police international available to OPIC for administrative ex- penses to carry out the credit and insur- tion over the same period has increased funding measures. $12 million—over the last 3 years—re- Mr. President, I support the Foreign ance programs) sulting in a 50-percent increase. Operations Subcommittee’s appropria- Mr. McCONNELL. Mr. President, now under the informal order that we have Now, why should OPIC’s administra- tions for fiscal year 1998 of the CAMP- tive appropriation increase while their FIRE Program, with the understanding here going from side to side, the Sen- ator from Colorado is here. lending authority cap has stayed fro- that this is the last year of the pro- zen? As I stated earlier, in reality their gram, USAID submit information on Mr. ALLARD. I thank the Senator. Mr. President, I have an amendment issuances have declined. While the $32 how they implement the program, and million in this bill is a freeze as of no U.S. tax dollars will be spent to kill at the desk. The PRESIDING OFFICER. The 1996—and I commend the committee for elephants. Now that we have ended the doing this, by the way—I believe it CAMPFIRE Program, it is my hope clerk will report. The bill clerk read as follows: would be very appropriate to scale that we will not have to revisit this them back to the 1994 level. issue again in the future. The Senator from Colorado [Mr. ALLARD] proposes an amendment numbered 891. All this is occurring while the future In conclusion, Mr. President, I would of OPIC is very much uncertain. On like to thank Senator BOXER and Sen- Mr. ALLARD. Mr. President, I ask September 30, 1997, OPIC’s authoriza- ator SMITH of New Hampshire for their unanimous consent that reading of the tion ends. As of today, I do not believe help in drafting this language. amendment be dispensed with. the Senate has a reauthorization bill I yield my time. Mr. LEAHY. Reserving the right to for OPIC. From my understanding, the Mr. CRAIG. It is my understanding object, the Senator is going to describe House of Representatives is just begin- that the Communal Areas Management what the amendment is, I assume. ning the process of reauthorization Program for Indigenous Resources Mr. ALLARD. We shared a copy of and, in the report for the companion [CAMPFIRE] Program in Zimbabwe is that amendment. I think you have it. I foreign operations appropriations bill, currently meeting all of the conditions will explain it in my remarks. it states they are reluctant in the ab- placed on it by the amendment. Mr. LEAHY. I do not have any objec- sence of an authorization bill to fund Mr. MCCONNELL. The Senator is tion. OPIC. I believe this number is enough correct. The PRESIDING OFFICER. The Sen- to administer their outstanding liabil- Mr. CRAIG. It is my further under- ator from Colorado is recognized. ities, but there is still great uncer- standing that Zimbabwe has a very Mr. ALLARD. I thank the Chair. I tainly as to what the future holds for successful elephant conservation pro- thank Senator LEAHY. OPIC. If reauthorization does occur, gram has had led to a population in- The PRESIDING OFFICER. Without then we can come back to this issue at crease of 43,000 elephants in 1987 to objection, it is so ordered. a later date. 67,000 elephants in 1996 and that much The amendment is as follows: This amendment is not the place, nor of this success is due to the CAMP- On page 4, line 22, strike ‘‘$32,000,000’’ and do I plan to argue the specific pros and FIRE Program. insert ‘‘$21,000,000’’. cons of OPIC, for that will come at a Mr. MCCONNELL. The Senator is Mr. ALLARD. I thank the Chair. future date if we have a reauthoriza- correct. Before I begin, I commend my tion bill. I plan to be involved in the Mr. CRAIG. It is my further under- friends, the subcommittee chairman, debate at that time if that comes up. standing that the language in this MITCH MCCONNELL, and Senator PAT- But this amendment is a matter of amendment dealing with trophy hunt- RICK LEAHY and chairman TED STEVENS whether an agency, a Government en- ing is only a prohibition on a direct and Senator ROBERT BYRD, for a very tity, that depends on the full faith and USAID subsidy of hunting in the good bill. I support the bill. I believe credit of the United States, with Fed- CAMPFIRE Program and should not be its overall funding levels are very ap- eral employees, should have their ad- interpreted as a negative statement propriate, and I plan on supporting it. ministrative expenses increased by 50 about the indispensable role hunting However, I have one concern. My percent over the last 3 years while plays as a management tool for ele- amendment is very simple. It strikes their authorized lending cap is not in- phants and other foreign species. the $32 million for administrative ex- creased by one dime, zero percent. S7548 CONGRESSIONAL RECORD — SENATE July 16, 1997 Make no mistake, OPIC is a Federal continue to make, will suffer. I think it try to compete with the big guys from agency. It needs the United States to would cut directly to eliminating the France and Germany and Britain—all fund its operation. This Congress ability to monitor those loan port- over the globe—to be able to have some should always be concerned when an folios. I do not think that is in the best base of your country behind you, and agency staff grows faster than its au- interests of the American taxpayer or you pay for that, is significant. thority. I know of very few agencies anyone associated with OPIC. It endan- The last point I will make, OPIC sup- that have no growth in authority gers the creditworthiness of OPIC if ports small business. There is a lot of which get a 50-percent increase in ad- you slash their administrative budget. myth about that as well, that this is a ministrative expenses. It seems, if we Let me hit just a few very specific big-business boondoggle. It is not. I am are at all serious about reducing the points as to what OPIC does. There is living proof of that. In 1996, OPIC sup- size and scope of Government and take an awful lot of sound and fury and ported record numbers of small busi- our oversight role seriously, then all smoke and mirrors when it comes to ness projects worth $1.8 billion in 17 agencies should play by the same rules, OPIC. First, OPIC, in fact, does level countries. Many small American busi- and we as a Congress should apply the playing field in global competition. nesses are suppliers to the larger ex- these rules evenly to all agencies. I ask I spoke to that earlier. All of America’s porters that indirectly come through my colleagues to support this amend- major trade competitors have OPIC- OPIC. More than half of all suppliers to ment and keep the growth of OPIC at a like agencies to help them. It covers OPIC-based projects are small busi- minimum, especially when their au- the gaps in the markets all over this nesses. This is a ripple effect. When we thorized cap has been frozen since 1994 world. get projects and deals internationally, and with their authorization expiring OPIC creates American jobs. I have a you have to sponsor those. You buy in September 1997. document here—I am sure Senator AL- products to support those. And those Mr. President, I reserve my right to LARD has seen it—of the kind of jobs come from States like that of my address the Senate and yield the floor. created in Colorado, his home State, friend from Colorado and Nebraska and The PRESIDING OFFICER. The Sen- and in my home State of Nebraska; the every State in the Union. So this is a ator from Nebraska. kind of revenues that flow into Colo- ripple-effect operation. Mr. HAGEL. Mr. President, I rise to rado because of countries that buy Mr. President, again, I rise in opposi- reflect a little on what my friend and from companies that have either OPIC tion to this amendment. I think it is neighbor—literally my neighbor—from insurance that they pay for, or OPIC shortsighted and I think the wisest Colorado has talked about here in the loans that they pay for. This is a job thing to do is to continue with our last few minutes regarding OPIC. First, creator. This is a growth creator. To funding, with our authorization, and as I rise to oppose my friend, the distin- give some of the specific numbers on I said earlier, we will have ample op- guished Senator from Colorado, regard- this, since 1971 OPIC has supported $108 portunity to address this issue in de- ing his amendment. I will explain why. billion worth of U.S. projects resulting bate. But I don’t think a hit-and-run Before I came to this body, I was a in over 250,000 new American jobs and way to approach this with an amend- businessman, a small businessman. $53 billion in new American exports. ment is the correct way to do it. Over the last 15 years, my partners and OPIC is prohibited under law from sup- I yield the floor. I founded a number of companies. A porting any project that would result Several Senators addressed the number of those companies were inter- in the loss of one single American job. Chair. national companies. I have dealt with Two, OPIC does not cost the tax- The PRESIDING OFFICER. The Sen- OPIC directly. I understand a little bit payers money. In fact, every year OPIC ator from Kentucky. about, I think, the real world, how jobs returns to the U.S. Treasury—last year Mr. MCCONNELL. Mr. President, I are created, how you must market in $209 million. OPIC requires no appro- thank my good friend from Nebraska the international community, what priation of funds. Its operations are en- for his comments about OPIC. With all kind of competition is out there tirely funded by the market-rate fees it due respect to our colleague from Colo- against a little company like mine that charges businesses. There is some myth rado, I, too, oppose the amendment. has to go toe to toe with foreign com- about this. If you want an OPIC loan or OPIC does not cost a single taxpayer petitors all over the globe. guarantee or insurance, you pay for it. dollar. OPIC is required by law to oper- One of the things I learned very This isn’t a free deal. OPIC is not cor- ate on a self-sustaining basis. Since quickly was when you go toe to toe porate welfare. I am always amused, 1971, it has reimbursed the U.S. Gov- with international competitors, wheth- and I am a conservative Republican— ernment for every dollar it has re- er it is telecommunications—which I let me tell you, I am for less Govern- ceived and has reported positive net in- know a little something about—or any ment and cutting Government and cut- come every year since its inception. As other industry, the support that comes ting taxes. But I am always amused the Senator from Nebraska pointed with your competitor, from his govern- when I ask my colleagues, what do you out, last year it returned $209 million ment, his country, is rather signifi- mean corporate welfare? What is cor- to the Treasury. OPIC creates Amer- cant. I think that is important in this porate welfare? ican jobs and exports. All major U.S. debate. As my friend, Senator ALLARD, No American business receives any economic competitors have similar ex- said, we will have an opportunity to subsidy or free benefit from OPIC. All port promotion agencies. Scuttling truly debate this issue over the next OPIC loans must be paid in full. OPIC OPIC would put our companies at an few months. But I would like to make charges full market rates and, where even further disadvantage than they a couple of points that I think are very applicable, high-risk-based interest already are. relevant to OPIC, what OPIC does, rates and insurance premiums for all of Today, for example, at least 36 per- what it represents. Again, I come at its services. Remember, OPIC returns cent of Japan’s exports enjoy Govern- this, not as a U.S. Senator; I come at money to the Treasury through the ment subsidies compared with just 2 this as someone who understands a lit- fees it charges firms that use its serv- percent of American exports. In addi- tle bit about how this works and who ices. tion, Japan and France provide 77 per- has been out in the real world in over OPIC has a strong record. Let’s not cent of the total amount of export sub- 60 countries and done business in about overlook this. It has extraordinarily sidies made available around the world. 20 of them. low default rates, less than 1 percent As Senator HAGEL pointed out, that First, I am concerned that an amend- since 1971. OPIC maintains a well-di- is what American businesses typically ment like that of my friend, to slash versified portfolio by region, by sector, are up against in the international administrative expenses, could lead to by industry, and maintains $2.7 billion market. OPIC is not corporate welfare. the very point that he is concerned in reserves. We have talked about the OPIC charges market and risk-based with. It is a good point. If you slash ad- possibility of privatizing OPIC. Last interest rates and fees for all of its ministrative expenses for OPIC, the year J.P. Morgan looked at it, made a services, and all loans must be paid in likelihood is the quality of the port- study. It won’t work that way. Let me full. All clients must pass industry folio of OPIC, the quality of invest- tell you, when you are a small com- standard and OPIC policy reviews. This ments that OPIC has made and will pany, a small business like I had, to is an agency that has functioned very July 16, 1997 CONGRESSIONAL RECORD — SENATE S7549 well in behalf of American interests ference. I suspect with such an author- employee. Now, I realize that not all and is actually returning money to the izing bill, you are going to hear success this goes to employees’ salaries, but American Treasury. OPIC strongly sup- story after success story from States also to normal office supplies and other ports small business, which is the heart all over the Nation helped by OPIC. office expenses that go to support each of America’s economic engine. The So I hope my good friend from Colo- one of those FTE positions. source of 6 out of every 10 jobs in this rado will withhold this amendment and But here is the problem. I have yet to country is directly attributable to let it be a matter to be discussed with hear a compelling argument for con- small business. the authorizing committee, but not on tinuing increase in the administrative We have had this amendment every this appropriations bill. budget when their liability cap is fro- year and so far have been able to defeat I yield the floor. zen. Also, as I and my staff have it. I certainly hope we will be able to The PRESIDING OFFICER. Who searched their records, I have yet to again, because OPIC is an important seeks time? find a clear delineation of where their part of what makes American business Mr. ALLARD addressed the Chair. administration budget goes. The PRESIDING OFFICER. The Sen- competitive overseas. All I do know is that in this $32 mil- ator from Colorado. I yield the floor. lion, and I quote from the bill, ‘‘any Mr. ALLARD. Mr. President, I would The PRESIDING OFFICER. The Sen- project-specific transaction costs, in- like to have an opportunity to make ator from Vermont. cluding direct and indirect costs in- Mr. LEAHY. Mr. President, I join some summarizing comments and then, curred in claims settlements, and other with the distinguished Senator from if there are not any other statements, direct costs associated with service Kentucky and the distinguished Sen- I will make a closing statement. provided to specific investors or poten- ator from Nebraska in opposing this I would like to respond by saying it tial investors pursuant to section 234 of amendment. I, too, would note that is true that there is some extra reve- the Foreign Assistance Act of 1961, OPIC does return money to the Treas- nue that has come into OPIC, but the shall not,’’ again, ‘‘shall not be consid- ury—the figure $209 million last year fact is that that is interest that they ered administrative expenses for the was used here. More important, it cre- have earned, and OPIC itself, in saying purpose of this heading.’’ ates jobs in America. how much more income it could gen- I represent, in population, the second erate, said if we could get away from I question what these expenses are smallest State in the Union. OPIC is having to buy Treasury bonds and in- and where they go. I cannot find them used in my State. It creates jobs, it vest in the stock market, we could gen- listed in their reports or from any cor- creates exports, it helps our balance of erate more income. respondence. Oversight is a proper payments. When you go to the larger To me, that sends a signal that we function of Congress, and we should States, of course, the dollar amount is would be better off in the private sec- pursue it vigorously. just that much greater. tor. A lot of these businessmen have an While I may have some problems I do not know a business in my State opportunity to go to the private sector, with OPIC, Mr. President, I do want to that has turned to OPIC that has not go to the stock market to fund these commend them for being prompt and received enormous help. I remember projects overseas. And I am a small professional in their manner of dealing when the former Director of OPIC came businessman, too, by the way. I started with my inquiries, and I take my hat to Vermont. She held a meeting there. my business from scratch, but I think off to them for this. We had lines going out the door; busi- as business people, sometimes it is all Again, I reiterate, this amendment is ness people wanting to work with too easy to turn to the agencies for not about OPIC and whether they OPIC. It is one of those success stories. help. We need to encourage business should continue, because we will get to It is also an area where we have to people to turn to the market and to that later. But this is an argument of have the kind of tools that all our com- focus on what they can do to meet the whether a U.S. Government agency petitors have. We are in worldwide needs of the market. After all, this is should have a 50-percent increase in ad- markets. We can no longer just rely on an agency. It is a Government-run ministrative expenses since 1994 when New Hampshire selling to Vermont, agency that is picking winners and los- their congressionally mandated lend- Vermont selling to New Hampshire, as ers. I would feel much more com- ing authority has been frozen during an example. I say that seeing my good fortable having a competitive market that same period. I urge my colleagues friend from New Hampshire is the dis- system picking winners and losers. to support this amendment and ask for tinguished Presiding Officer. We export Many States, like the State of Colo- limited growth in all agencies. way beyond our States, way beyond the rado which I am from, have done a lot I ask for the yeas and nays. borders of our Nation. But, every other to promote foreign competition, but The PRESIDING OFFICER. Is there a First World—and a lot that go beyond they have done it on their own. Most of sufficient second? the First World—country does the the jobs and the new growth that has There is a sufficient second. same. If they are a major exporter, as happened in Colorado has not been the we are, there are boards like OPIC that result of OPIC. So I think we have to The yeas and nays were ordered. help them. be careful and not give too much credit Mr. McCONNELL addressed the Are there things that can be done to this particular Federal agency. Chair. better or different than OPIC? Pos- Let me end by just stating, again, a The PRESIDING OFFICER. The Sen- sibly. But I ask the authorizing com- few historical facts. In 1971, OPIC’s ad- ator from Kentucky. mittee to look at that. ministrative budget was $3.2 million. In Mr. McCONNELL. Mr. President, There will be an authorizing bill on 1981, it was $7.5 million. In 1988, it was with the concurrence of the Senator OPIC. I am perfectly willing to listen $12 million. And in 1992, it was $16.4 from Colorado, I would like to lay the to the recommendations of my friends million. amendment aside in the hope that we on both sides of the aisle. In 1996, their administrative appro- can stack votes for later. We felt, the Senator from Kentucky priation was $28.1 million, and in 1997, Mr. ALLARD. Mr. President, I have and myself—he as chairman and I as it was $32 million. Also, according to no objection to that. ranking member—in looking at these OPIC, in 1988, their FTE’s, or full-time Mr. McCONNELL. I ask unanimous figures for OPIC that the amounts equivalent employment ceiling, was consent that we temporarily lay aside made sense. There certainly was unani- 125. In 1992, it was 155, and in 1996, it the Allard amendment. mous concurrence of Republicans and was 182. As these historical numbers Democrats on our subcommittee and in from OPIC point out, this is not some The PRESIDING OFFICER. Is there the full committee for the same rea- sleeping agency, but one whose admin- objection? Without objection, it is so son. istrative costs and employment have ordered. If an authorizing bill comes through increased substantially. Mr. HARKIN addressed the Chair. and changes that, it can change it. If we take the 1996 number of employ- The PRESIDING OFFICER. Does the This money doesn’t have to be spent ees and divide it into the 1996 adminis- Senator from Kentucky yield the floor? and an authorizing bill can make a dif- trative costs, it comes to $154,000 per The Senator from Iowa. S7550 CONGRESSIONAL RECORD — SENATE July 16, 1997 AMENDMENT NO. 899 OPIC and IMET to Pakistan will do SECRETARY OF DEFENSE (Purpose: To promote democracy-building nothing to direct further U.S. non- Washington, DC, July 16, 1997. activities in Pakistan.) proliferation efforts in South Asia. At Hon. TOM HARKIN, Mr. HARKIN. Mr. President, I have the same time, these restrictions seri- U.S. Senate, Washington, DC. DEAR TOM: I am writing to express my an amendment which I send to the ously hinder our ability to advance strong support for your legislation to restore desk. United States interests in trade and in- the International Military Education and The PRESIDING OFFICER. The vestment in Pakistan. Our influence in Training (IMET), Overseas Private Invest- clerk will report: the Pakistani military leadership and ment Corporation (OPIC), Trade and Devel- The assistant legislative clerk read our ability to strengthen democracy opment Agency (TDA), and democracy-build- as follows: and economic institutions in Pakistan ing programs in Pakistan. These programs is also adversely affected by these re- are currently precluded by sanctions that The Senator from Iowa [Mr. HARKIN], for have been imposed on Pakistan under the himself, Mr. WARNER, Mr. TORRICELLI, Mr. strictions. Symington Amendment. SANTORUM, and Mr. JOHNSON, proposes an I understand the concerns of some of We believe it essential to pursue these pro- amendment numbered 899. my colleagues in regard to Pakistan, grams—not as a reward to Pakistan—but as a Mr. HARKIN. Mr. President, I ask and I share some of those concerns. means of furthering important U.S. inter- unanimous consent that the reading of The issue of nonproliferation in South ests. Pakistan is now, and long has been, a friendly, moderate Islamic democracy in a the amendment be dispensed with. Asia is, indeed, an extremely impor- tant issue, but U.S. interests in South very difficult region. We believe that by ena- The PRESIDING OFFICER. Without bling it to participate in IMET, OPIC, TDA, objection, it is so ordered. Asia are important and increasing. The region contains one-fifth of the and democracy-building programs we will The amendment is as follows: strengthen democracy in Pakistan as an in- At the appropriate place, insert the follow- world’s population and occupies a criti- stitution, strengthen Pakistan’s troubled ing new section: cal geostrategic position—surrounded economy, and strengthen our relationship SEC. . DEMOCRACY-BUILDING ACTIVITY IN by China, the surging economies of with the Pakistani military—all of which PAKISTAN. East Asia, the Indian Ocean, the huge serve important U.S. interests in South Asia. (a) OPIC.—Section 239(f) of the Foreign As- oil and gas reserves in the Persian Gulf DoD is particularly supportive of legisla- sistance Act of 1961 (22 U.S.C. 2199(f)) is and the Caspian basin. tion that would restore Pakistan’s IMET amended by inserting ‘‘, or Pakistan’’ after Mr. President, I visited Pakistan and program. We believe that the positive impact ‘‘China’’. India earlier this year. I met in Paki- of IMET on the Pakistani military will serve to enhance our overall relationship with (b) TRAINING ACTIVITY.—Section 638(b) of stan with Prime Minister Sharif and the Foreign Assistance Act of 1961 (22 U.S.C. Pakistan and, by extension, will facilitate other members of his government. I be- our engagement with Pakistan in a number 2398(b)) is amended— lieve that Mr. Sharif has learned from of important areas including proliferation. (1) by inserting ‘‘or any activity to pro- past mistakes and is moving Pakistan Moreover, given Pakistan’s leading role in mote the development of democratic institu- UN peacekeeping—Pakistan currently leads tions’’ after ‘‘activity’’; and in the right direction. He has a strong the world as a contributor of troops to UN (2) by inserting ‘‘, Pakistan,’’ after mandate in parliament and has already taken bold steps toward rooting out peacekeeping operations—closer cooperation ‘‘Brazil’’. between our two armed forces is increasingly (c) TRADE AND DEVELOPMENT.—It is the corruption, privatizing the economy necessary for operational reasons. Senior sense of Congress that the Director of the and normalizing relations with India. Pakistani officers have told us that one of Trade and Development Agency should use These are positive steps, and the Unit- the consequences of our suspension of the funds made available to carry out the provi- ed States must send a strong signal of IMET program has been that a generation of sions of section 661 of the Foreign Assistance support and encouragement for Prime Pakistani officers has not had the positive Act of 1961 (22 U.S.C. 2421) to promote United exposure to U.S. and western values that is States exports to Pakistan. Minister Sharif’s initiatives. I strongly believe that it has come to made possible through IMET. Without IMET Mr. HARKIN. Mr. President, I offer the point where our uneven policy to- to provide a countervailing argument, these this amendment on behalf of myself, officers may find the often anti-American ward Pakistan is hampering our inter- message of Iran and Iraq more appealing. Senator WARNER, Senator TORRICELLI, ests in the region. Improved human Opponents of your legislation will claim Senator SANTORUM, and Senator JOHN- rights, nonproliferation and greater that Pakistan’s performance with regard to SON. trade and investment are being held proliferation should not be ‘‘rewarded’’ by Put simply, this amendment will hostage by this shortsighted policy. making it eligible for these assistance pro- allow the resumption of the Overseas I am pleased that my amendment has grams. We would respond that our denying Private Investment Corporation, OPIC, the strong support of the administra- any of these programs will not cause the International Military and Education tion in an effort to engage Pakistan on Pakistanis to forego strategic programs Training, IMET, Trade and Develop- which they believe are essential for their na- these important issues. Secretary tional security. However, by making these ment Assistance, TDA, and democracy- Albright and Secretary Cohen both feel assistance programs available, we will not building programs in Pakistan, such as strongly about the need for these only serve U.S. interests directly but will the National Endowment for Democ- changes. improve the climate of our overall relation- racy. Mr. President, I have a letter dated ship thus encouraging Pakistan to be more This measure, I will say at the out- the 16th of July from Secretary of De- receptive to our point of view in other areas. set, is not anti-India and it is not pro- fense Cohen. He said: I wholeheartedly support your efforts to enact this important legislation. Pakistan, it is pro-American interests. I am writing to express my strong support Sincerely, This will not be a vote for or against for your legislation to restore IMET, OPIC, India or Pakistan. India is, of course, a TDA and democracy-building programs in BILL. Mr. HARKIN. Let me read further friend of longstanding and an ally to Pakistan . . . We believe it essential to pursue these pro- from Secretary Cohen’s letter. I want the United States and is the largest grams—not as a reward to Pakistan—but as to get this last paragraph in. Secretary and oldest democracy in the region. It a means of furthering important U.S. inter- Cohen said: already receives the benefit of OPIC ests. Pakistan is now, and long has been, a Opponents of your legislation will claim and IMET, and it has for some time friendly, moderate Islamic democracy in a that Pakistan’s performance with regard to over 35 years. Therefore, I am confident very difficult region. We believe that by ena- proliferation should not be ‘‘rewarded’’ by that we can restore these programs to bling it to participate in IMET, OPIC, TDA making it eligible for these assistance pro- Pakistan without upsetting any bal- and democracy-building programs we will grams. We would respond that our denying strengthen democracy in Pakistan as an in- ance at all to the region. any of these programs will not cause the stitution, strengthen Pakistan’s troubled Pakistanis to forego strategic programs Trade between India and Pakistan is economy, and strengthen our relationship growing. OPIC assistance to Pakistan which they believe are essential for their na- with the Pakistani military—all of which tional security. However, by making these could actually help India because they serve important U.S. interests in South Asia. assistance programs available, we will not are working with Pakistan in the en- Mr. President, I ask unanimous con- only serve U.S. interests directly but will ergy sector. OPIC assistance would pro- sent that the letter from Secretary improve the climate of our overall relation- mote American investment in this sec- Cohen be printed in the RECORD. ship thus encouraging Pakistan to be more tor. There being no objection, the letter receptive to our point of view in other areas. Mr. President, it is now clear that was ordered to be printed in the Mr. President, I am also in receipt of continuing the policy of restricting RECORD, as follows: a letter signed by Under Secretary July 16, 1997 CONGRESSIONAL RECORD — SENATE S7551 Thomas Pickering. Again, I will just tion issues. We consider non-proliferation to While I appreciate that there are other im- read a couple parts of that: be one of the most complex and troubling is- portant and serious issues impacting on our sues in the South Asia region, and it will bilateral relationship, I respectfully ask that Dear Senator HARKIN: The Secretary has continue to be one of our highest priorities you consider the vital commercial link that asked me to convey her strong support for to work with the Pakistani government to exists between the U.S. and Pakistan and your proposed amendment to restore OPIC, restrain its nuclear and missile programs. move quickly to permit OPIC guarantees in IMET, TDA and democracy-building pro- That said, we need to consider carefully how Pakistan. The U.S. is the largest foreign in- grams for Pakistan. We firmly believe that to pursue our non-proliferation objectives in vestor in Pakistan and its largest trading allowing these programs to operate in Paki- conformity with the entire range of U.S. in- partner. I am convinced that U.S. commer- stan is in the U.S. interest, and that once re- terests in Pakistan. We believe that an ini- cial interests in Pakistan would increase stored they will be a key factor in strength- tiative such as yours—which will help to de- even more if OPIC programs were available. ening our relationship with an important velop Pakistan’s democracy, increase bilat- Furthermore, I am sure you will agree, that and friendly country in a vital part of the eral trade and investment, and enhance our permitting OPIC to operate in Pakistan world. access to and influence with Pakistan’s would contribute in a meaningful way to im- Mr. Pickering goes on: emerging military leadership—will advance proving our overall bilateral relationship. Thank you for your consideration. In the wake of the election of Prime Min- our interests without undermining our non- Sincerely, ister Nawaz Sharif, Pakistan has adopted im- proliferation agenda. JAMES B. TAYLOR. portant political and constitutional reforms, We appreciate and are pleased to support which promise to strengthen both the qual- your effort. MCI COMMUNICATIONS CORPORATION, THOMAS R. PICKERING. ity and continuity of democratic rule. We Washington, DC, March 22, 1996. want to bolster that effort by implementing Mr. HARKIN. Mr. President, a num- Mr. STROBE TALBOTT, programs to train Pakistan’s elected rep- ber of prominent United States busi- Deputy Secretary, Department of State, Wash- resentatives in democratic structures and ness leaders have asked the State De- ington, DC. legislative procedures. Your amendment partment to resume OPIC support for DEAR MR. TALBOTT: For many years, MCI would give us the requisite flexibility to pro- has successfully conducted business in Paki- ceed. investment in Pakistan so that Amer- ican business interests are promoted in stan with Pakistan PTT, the government- owned telephone company. Pakistan has Mr. President, I ask unanimous con- that region. In no other country in sent that Secretary Pickering’s letter proven to be a reliable business partner. We South Asia is OPIC prohibited from understand that the Overseas Private Invest- be printed in the RECORD. providing support and assistance. I ment Corporation (OPIC) is finalizing an There being no objection, the letter have examples, a number of letters of agreement with the government of Pakistan was ordered to be printed in the United States businesses urging the ad- to provide political risk insurance covering RECORD, as follows: ministration to resume OPIC’s support foreign investments in Pakistan. This agree- DEPARTMENT OF STATE, UNDER SEC- of Pakistan. ment should provide the added security nec- RETARY OF STATE FOR POLITICAL Mr. President, I have letters from essary for MCI and other American compa- nies interested in increasing their invest- AFFAIRS, several different companies that I have Washington, DC, July 15, 1997. ments in Pakistan. Any action taken to ex- here that have written letters asking Hon. TOM HARKIN, pedite completion of this agreement would U.S. Senate. that OPIC be allowed to resume in be helpful. DEAR SENATOR HARKIN: The Secretary has Pakistan so that they can begin to in- Sincerely, asked me to convey her strong support for vest in Pakistan—a letter from Occi- MARK ESHERICK, your proposed amendment to restore OPIC, dental Oil and Gas; a letter from MCI Senior Policy Advisor. IMET, TDA and democracy building pro- Communications; a letter from Solar grams for Pakistan. We firmly believe that SOLAR TURBINES, Turbines, a Caterpillar Company; a let- Washington, DC, March 26, 1996. allowing these programs to operate in Paki- ter from Alpha-Gamma Technologies, stan is in the U.S. interest, and that once re- Hon. STROBE TALBOTT, stored they will be a key factor in strength- Inc., in Raleigh, NC; a letter from Bos- Deputy Secretary, Department of State, Wash- ening our relationship with an important ton Technology, Inc., in Wakefield, ington, DC. and friendly country in a vital part of the MA; a letter from Hawkins Oil & Gas, DEAR MR. TALBOTT: This letter is a request world. Inc., in Oklahoma; a letter from for you to look favorably upon making the In the wake of the election of Prime Min- Tenaska International, Omaha, NE; resources of the Overseas Private Investment Corporation available to U.S. exporters when ister Nawaz Sharif, Pakistan has adopted im- and several other letters. I will not portant political and constitutional reforms, doing business in the Country of Pakistan. read them all. But Mr. President, I ask Such action would be consistent with the which promise to strengthen both the qual- unanimous consent that several of ity and continuity of democratic rule. We availability of Export-Import Bank financ- want to bolster that effort by implementing these letters be printed in the RECORD. ing and insurance and the apparent desire on the part of the U.S. Government to work programs to train Pakistan’s elected rep- There being no objection, the mate- closely with the Government of Pakistan resentatives in democratic structures and rial was ordered to be printed in the RECORD, as follows: after the prime minister’s visit of last year. legislative procedures. Your amendment will Pakistan represents an important market give us the requisite flexibility to proceed. OCCIDENTAL OIL AND GAS CORP., to U.S. exporters and the resources of OPIC At the same time, the Government of Bakersfield, CA, April 10, 1996. will be of considerable value in generating Pakistan is undertaking an ambitious re- Hon. STROBE TALBOTT, additional export revenue and jobs within form program to stabilize Pakistan’s trou- Deputy Secretary, Department of State, Wash- the United States. At the same time, the bled economy. The United States, as Paki- ington, DC. U.S. businesses will, by working more close- stan’s leading trading partner and largest DEAR MR. SECRETARY: I am writing at this ly with Pakistan, further the cause of de- source of foreign investment, is in a favor- time concerning an important matter im- mocracy and environmental awareness. able position to influence and benefit from a pacting on U.S. commercial relations with Your leadership in this matter will be stable economic situation in Pakistan. Ex- the Republic of Pakistan. I understand that greatly appreciated. Thank you for your con- tending Trade and Development Assistance the Overseas Private Investment Corpora- sideration. and OPIC support to U.S. firms in Pakistan tion (OPIC) is still not permitted to offer its Most sincerely, will increase our engagement with the Paki- programs in Pakistan. I urge you to review PETER CARROLL. stani government on reform issues, while en- this matter and to do what you can to expe- suring that our firms are well positioned to dite the implementation of OPIC programs ALPHA-GAMMA TECHNOLOGIES, INC., compete for investment and trade opportuni- in Pakistan. Raleigh, NC, March 18, 1996. ties. Occidental Petroleum Corporation has had Mr. STROBE TALBOTT, Finally, we believe that restoring IMET successful oil and gas producing operations Deputy Secretary of State, programs will have an appreciable impact on in Pakistan for twelve years. Pakistan pre- Washington, DC. our relationship with the Pakistani military. sents unique business opportunities and of- DEAR MR. TALBOT: Alpha-Gamma Tech- For seven years, the United States has fers a stable environment for American com- nologies, Inc. is actively pursuing a private lacked contact with junior and mid-level panies and for companies from a host of power development project in Pakistan. Pakistani officers, from whose ranks will other countries around the world. U.S. trade Along with two other U.S. based companies, emerge the next generation of Pakistani and commercial ties with Pakistan serve to we have plans to make a significant invest- military leaders. We would serve our inter- enhance the overall relationship between our ment in the power generation sector in that ests well by giving them exposure to U.S. two countries. However, in order for U.S. country. However, we are placed at a signifi- practices, institutions, and values. companies to compete more aggressively in cant disadvantage against foreign competi- We, like you, continue to have concerns re- Pakistan, they must have access to OPIC tion due to non-availability of OPIC cov- garding Pakistan’s record on non-prolifera- programs. erage. S7552 CONGRESSIONAL RECORD — SENATE July 16, 1997 I believe that recent legislation passed by is very desirable for the Uch project. Due to port an expeditious signing of the relevant the U.S. Congress makes OPIC coverage the project’s advanced stage of development, protocol. available in Pakistan. However, implementa- we hope that OPIC insurance becomes avail- Southern Electric is a wholly owned sub- tion of this legislation seems to be taking able for Pakistan as soon as possible. sidiary of The Southern Company, one of the some time. Any assistance you can provide Speaking for Tenaska, we are most inter- largest electric utility holding companies in in expediting the availability of OPIC cov- ested in future project development in Paki- the U.S., and is based in Atlanta, Georgia. erage in Pakistan would greatly help U.S. stan as well. Availability of OPIC insurance Southern Electric finances, builds, owns and firms in their efforts to compete in the Paki- will be of great benefit to us for future operates electricity generation, transmission stan market. projects. and distribution assets in the U.S. and Sincerely, We urgently request your support in mak- around the world. Currently, Southern Elec- REESE H. HOWLE, ing OPIC insurance available for projects in tric has international assets in Argentina, President. Pakistan. Bahamas, Chile, Trinidad and the United Sincerely, Kingdom. BOSTON TECHNOLOGY, INC., PAUL G. SMITH, Again, I appreciate your consideration and Wakefield, MA, March 19, 1996. CEO, Tenaska International. support with respect to OPIC insurance for Mr. STROBE TALBOTT, Pakistan. If you have any questions or con- Deputy Secretary of State, UNION TEXAS PETROLEUM, cerns regarding this matter, please feel free Washington, DC. March 20, 1996. to contact me. DEAR MR. STROBE TALBOTT: I am writing in Mr. STROBE TALBOTT, Regards, response to a phone message from a Mr. Deputy Secretary of State, THOMAS G. BOREN. Monsori Ali, the Economic Minister of Paki- Washington, DC. DEAR MR. TALBOTT: We are writing in sup- stan, at the Embassy in Washington. Boston HYCARBEX, INC. port of initiatives by the Administration and Technology is a telecommunications firm Irving, TX, March 20, 1996. in Congress to further improve relations be- employing more than 500 people in the Bos- Mr. STROBE TALBOTT, tween the United States and Pakistan, par- ton Area, with offices worldwide. Deputy Secretary of State, ticularly the reactivation of Overseas Pri- We have already done some business in Washington, DC. vate Investment Corporation (OPIC) pro- Pakistan with Paktel, and are currently ne- DEAR MR. TALBOTT: This letter is a request grams. Union Texas is a United States public gotiating for additional business with PTC, that the process to restore OPIC insurance company that has operated oil and gas con- the Pakistan Telephone Company. coverage for Pakistan be completed at the cessions in Pakistan since 1977. During 1995, It would be of great assistance if the Sen- earliest date. Our company has obtained a our operations produced approximately 37% ate would approve the Opic Insurance provi- petroleum concession in Pakistan and is of Pakistan’s domestic oil production and sion currently under consideration. soon mobilizing our resources for the explo- 10% of its natural gas production. Over the Thank you for your interest in Boston ration and development of hydrocarbon re- years, we have had a productive and mutu- Technology. sources in Pakistan. I am confident that an ally beneficial relationship with the peoples Sincerely, agreement between the Governments of the and Government of Pakistan. We strongly TODD HASSELBECK, United States and Pakistan regarding OPIC’s believe that the United States should work Vice President International Sales. coverage will assist not only in our business to further strengthen its relations with but also others who are interested in doing HAWKINS OIL & GAS, INC., Pakistan. During 1995, Union Texas and the Govern- business in Pakistan. Tulsa, OK, March 14, 1996. Please accept my thanks and appreciation Mr. STROBE TALBOTT, ment of Pakistan signed a new petroleum concession agreement and we began discus- in advance for your assistance. Deputy Secretary of State, Yours sincerely, Washington, DC. sions regarding downstream projects, includ- ing electrical power generation and liquefied DAVID L. COX, Ref: OPIC Restoration for Pakistan. petroleum gas opportunities. The availabil- President. DEAR MR. TALBOTT: This letter is a request ity of OPIC programs could be a critical fac- that the process to restore OPIC insurance tor in our ability to commit to certain of AES CORP., coverage for Pakistan be completed at the these projects in the future. Arlington, VA, March 19, 1996. earliest possible date. Our company has been We hope that the Administration will give Hon. STROBE TALBOTT, working since 1989 to construct and operate its full support to reactivating OPIC’s abil- Deputy Secretary of State, a 586 MW power plant—the Uch Power ity to offer its programs in Pakistan, thus Washington, DC. Project—in Pakistan. We have been pleased encouraging U.S. investment and fostering a DEAR MR. TALBOTT: The AES Corporation by the policy behind the Brown Amendment, positive and supportive environment for re- is an American company in the business of and now are hopeful that its expected bene- lations between our two nations. building, owning and operating private elec- fits can be realized. U.S. companies own over Very truly yours, tric power generating facilities in the United 50 percent of the Uch project equity, and W. M. KRIPS. States and abroad. We have seven plants in most of the $625 million plant budget is for the U.S., three in the U.K., three in Argen- purchase of U.S. sourced goods and services. SOUTHERN ELECTRIC INTERNATIONAL, tina, and four in China. More recently, we We are on the verge of financial closing of Atlanta, GA, March 19, 1996. have completed the financings for and begun this project, and hope to receive clearance Mr. STROBE TALBOTT, construction of two power plants in Paki- for filing our application for OPIC insurance Deputy Secretary of State, stan. It is because of this activity that we thereafter. Washington, DC. write to you. Please accept my thanks and appreciation DEAR MR. TALBOTT: You may be aware that We have been working in Pakistan for two in advance for your assistance. the Government of Pakistan (GOP) is pursu- and one half years, and have committed sub- Sincerely, ing a comprehensive program of privatizing stantial amounts of time and—more re- JOHN B. HAWKINS. some of its major state-owned companies. As cently—equity capital to this country. Our part of this program, the GOP is privatizing dealings with the Government of Pakistan TENASKA INTERNATIONAL, the Kot Addu Power Station (KAPS) which is have been uniformly characterized by both Omaha, NE, April 8, 1996. the largest (1600 MW) thermal electric power fairness and remarkable expedition. We’re Mr. STROBE TALBOTT, generating station in Pakistan. Southern pleased with our success there, and with the Deputy Secretary, Department of State, Wash- Electric International is seriously pursuing positive impact on American jobs that this ington, DC. this opportunity in competition with three success will have, indirectly and directly. DEAR MR. TALBOTT: On behalf of the Uch other major international companies, two of What has been lacking in Pakistan is our Power project sponsors, I am writing to re- which are non-U.S. This project will be bid ability to access the insurance and financing quest your support for making Overseas Pri- this month with financial closing expected programs of the Overseas Private Investment vate Investment Corporation (OPIC) funding in September. Corporation (OPIC). As you know, until re- available for Pakistani projects. As a U.S. company, Southern Electric cently OPIC was congressionally prohibited As you know, Tenaska International and International’s commercial objectives in from offering its services to U.S. companies four other companies are developing the Uch Pakistan are constrained by the delays in operating in Pakistan. Power Limited independent energy project the signing of the relevant protocol that will These restrictions have now been lifted, in Pakistan. The other U.S. sponsors are GE allow OPIC to provide the needed insurance and we urge you to act quickly to allow Capital Corp. and Hawkins Oil and Gas. Ad- risk coverages. The availability of OPIC in- OPIC to offer insurance coverage there. It ditionally, Midlands Electricity of the UK surance coverage for Pakistan would en- will help our efforts and the efforts of many and Hasan and Associates of Pakistan are hance the competitiveness and investment American companies to do business in Paki- project sponsors. options available to Southern Electric and stan. The $630 million project is nearing finan- all U.S. companies interested in investing in Sincerely, cial close, and limited construction already Pakistan. Therefore, I would appreciate very ROBERT F. HEMPHILL, Jr., has begun. Having access to OPIC insurance much if your office would facilitate and sup- Executive Vice President. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7553 Mr. HARKIN. Mr. President, the Gov- briefly outline the long history of ance with the Mutual Defense Treaty, ernment of Pakistan is pursuing dra- friendship between Pakistan and the Pakistan allowed us to set up some matic economic reforms, including lib- United States. bases. One of them was a base from eralization, privatization, and deregu- I believe it is important that this ap- which we flew our U–2 flights over the lation in order to transition its econ- pear in the RECORD. Soviet Union. One of those flights, as omy into a fully market-oriented sys- Since 1947—50 years ago—the found- we all sadly remember, was shot down tem. Once OPIC support is reinstated, ing of the nation of Pakistan, the peo- by the Soviets. Francis Gary Powers the United States will be able to insti- ple of Pakistan have been helping to was the pilot, and we all know how the tute trade and development assistance serve United States interests in South Soviets paraded him as one of their programs as well. U.S. companies will Asia and around the world. When the trophies. be able to pursue business opportuni- first Prime Minister of Pakistan, Soviet leader Nikita Khruschchev ties in a wide variety of sectors, such Liaqat Ali Khan, chose to undertake turned his ire on Pakistan because he as power generation, telecommuni- his first overseas visit, it was to the knew that was where the plane was cations, highway construction, port de- United States instead of to the Soviet based. He threatened to use nuclear velopment and operations, oil and gas, Union, despite efforts by Moscow to en- arms and weapons against Pakistan. and banking and finance. tice him there and despite their prox- He boasted that the city of Peshawar I also point out, Mr. President, that imity to both the Soviet Union and would be wiped off the face of the the Government of Pakistan is in the China. Since the late 1940’s, Pakistan Earth. The Foreign Minister of Paki- process of privatizing its banking sys- has helped the United States on numer- stan, in his recently published account tem. OPIC can be of great help and sup- ous occasions in promoting and pro- of the incident, describes the cool and port in doing that. tecting American interests. confident reaction of the then-Presi- Further, the prohibition of IMET has In a speech to this Congress, Prime dent of Pakistan, who dismissed the meant an emerging generation of Paki- Minister Liaqat Ali Khan proclaimed— Soviet threat by saying, ‘‘So what?’’ stani military officers has not had ac- and I quote— Again, put yourself in that context. cess to training in the United States. No threat or persuasion, no material peril, Korean war, Mutual Defense Treaty, Let me be clear that IMET does not or ideological allurement could deflect Paki- allowing us to base our U–2 spy planes mean the transfer or sale of any weap- stan from its chosen path of free democracy. there. They are bordering right on the ons. It only means valuable education Pakistan lived up to its commit- Soviet Union, and yet they stood by us. assistance to other militaries which ments later on in June 1950, when it de- Pakistan again came to the assist- help foster valuable military-to-mili- clared its unqualified support for the ance of the United States by helping to facilitate the crucial opening of Amer- tary contacts with the United States United States in our war in Korea and ican relations with China. In 1970, and the host country and allows the backed us in that war. then-Secretary of State Henry Kissin- United States to impart its values to In 1954, they joined the Central Trea- ger undertook a secret visit to China other militaries. ty Organization. Mr. President, according to the De- In 1955, they joined SEATO, the from Pakistan. Thus, again, Pakistan partment of Defense, the Chinese are South East Asian Treaty Organization. served as that vital bridge between the currently the single largest provider of These two American-backed alliances United States and China. Again, it was military training to Pakistani Forces. were aimed at the containment of com- critical in the cold war to restrain the Soviet Union. Cutting off Pakistan from IMET assist- munism and were very successful. From 1979 to 1989, the United States ance over the last 7 years has therefore In 1959, our two countries signed a went to Pakistan and asked them to mutual defense treaty which is still reduced our contacts among the mili- cooperate with us in and help us fight operational today. tary leadership in Pakistan and re- the Soviet invasion of Afghanistan So this is a long history. duced their exposure to United States through infiltration of military equip- Again, some will say, well, Pakistan institutions and values. This 7-year ment and other devices. Once again, has had military dictatorships and vio- vacuum has been filled by China—not Pakistan said yes to the United States lations of human rights. That is true. I in our best interests. In addition to even though they faced great danger. understand that. But I believe that the providing American-style military Not only did the Soviet Union, again, freedom advocates, the freedom fight- training, IMET can be used to provide threaten Pakistan with dire con- ers, those who struggle continually in training in human rights, military jus- sequences, but launched a campaign of Pakistan for democracy and freedom tice, and civilian-military relations. subversion and terror against Paki- The chief of the Army staff, General have been at it continually. They have stan. The country experienced numer- Karamat, for Pakistan, who attended been assassinated and tortured and put ous violations of its ground and air the United States Army Command and in jail, but they continue to struggle space, terrorist bombings, and subver- General Staff College in Fort Leaven- for democratic freedoms in that coun- sion. worth, KS, has stated that he would try. Since 1992, Pakistan has been at the rather send his officers to the United Those are the ones about whom I forefront of peacekeeping operations. States to study rather than to China. I speak, not the military dictatorships, We went to them and asked them to think we ought to take him up on that. but the brave people in Pakistan that supply troops for Somalia, and they The United States has an IMET Pro- continue to struggle and fight and to said yes. And we went to them and gram with every country in South Asia maintain an adherence to democracy. asked them to supply troops for the except for Pakistan, including Nepal, Mr. President, from that time on, Haiti operation, and they said yes. Bangladesh, Sri Lanka, India, even the Pakistan has been on our side and by And, Pakistan made significant con- Maldives. This policy does not make our side whether it is in Korea or tributions to the multinational force sense. IMET should be restored not as whether it is in Somalia, whether it is during the Gulf War to help liberate a favor to Pakistan but because it is in Haiti, or in Bosnia. Yes, Pakistan Kuwait. Pakistani troops are currently clearly in the United States interests right now has troops in Bosnia. And in Bosnia. to do so. they have faced dangers time and time In 1995, we asked Pakistan to return That is what this amendment is real- again, but they have stuck by our side. a suspected terrorist, Ramzi Yousaf, ly all about, helping the Unites States. I spoke, not the military dictators, for his alleged involvement in the It is pro-American. Pakistan is not get- not the repressive forces in Pakistan, World Trade Center bombing. And they ting military training from the United but to those brave people of Pakistan did. States; it is getting it from China. Is who, through all of this, continue to And, recently, the CIA was able to re- that serving U.S. interests? I do not struggle and to fight against corrup- turn to the United States, Mir Aimal think so. tion and to maintain an adherence to Kansi, a Pakistani who is charged with This amendment is not for anyone democracy. killing two CIA employees outside CIA else but the United States because it In 1960, Pakistan’s commitment, its headquarters. will be our interests that are best friendship to the United States was put As a moderate democratic Islamic served by it. Mr. President, let me to a very severe test. Again, in accord- ally, Pakistan is our most tried and S7554 CONGRESSIONAL RECORD — SENATE July 16, 1997 trusted friend we have in the Islamic Afghanistan. Pakistani cooperation WARNER, which would authorize the re- world. They have stood by our side was critical to the success of United sumption of certain forms of economic against the Soviet Union’s aggression. States operations related to Afghani- assistance and military training activi- And they have stood by our side in the stan. ties with Pakistan. fight against terrorism. The amendment before the Senate The amendment would allow the pro- So I say to my colleagues, let us today does not call for a full resump- vision of assistance by the Overseas treat our friend and ally Pakistan as tion of United States assistance to Private Investment Corporation they deserve to be treated due to their Pakistan. Most importantly, the exist- [OPIC], the resumption of military longstanding support for the United ing prohibitions on providing military training activities, and certain other States, but most importantly it is in equipment would be retained. The pro- trade and democratic assistance to our best interests to do so. Granting grams we are talking about—particu- Pakistan. This aid had been terminated OPIC and IMET will help U.S. business larly OPIC and IMET—are of great ben- due to Pakistan’s continued inability interests and U.S. national security in- efit to the United States, as well as to keep its many promises and assur- terests. It will help exports, foster Pakistan. OPIC financing will allow ances to the United States concerning military-to-military contacts and give United States businesses to success- the peaceful nature of its nuclear pro- the United States better intelligence in fully compete for business opportuni- gram. The amendment would resume the region. It is fair, it is right, and ties in Pakistan; and IMET will allow this specific assistance and do so un- makes good sense for the United States the next generation of Pakistani mili- conditionally. to change its shortsighted policy and tary leaders to be exposed to our val- I used the word, ‘‘unconditionally.’’ pursue long-term interests in the re- ues. That means, the assistance could con- gion. During today’s debate on this amend- tinue in the future to flow even if Paki- Mr. President, I yield the floor. ment, we will likely hear discussion stan acquired new uranium enrichment Mr. WARNER addressed the Chair. about Pakistan’s nuclear activities. assistance from China or transferred The PRESIDING OFFICER (Mr. AL- While I share the concerns of my col- its own technology to some other coun- LARD). The Senator from Virginia. leagues with the proliferation of weap- try. Mr. WARNER. Mr. President, I am ons of mass destruction in South Asia, The aid could flow if Pakistan deto- very pleased that my distinguished this amendment does not undermine nated a nuclear device or transferred friend and colleague approached me to our nonproliferation goals. To the con- nuclear weapons designs or components form a partnership for the purpose of trary, I believe that we may be better to some other country. this amendment. In different ways and able to influence developments in The aid could flow if Pakistan once at different times both of us have Pakistan if we remain engaged with again attempts to violate United worked closely with Pakistan. As a that nation. States nuclear export control laws by member of the Intelligence Committee I urge my colleagues to support this acquiring nuclear equipment or mate- for 8 years, and then as vice chairman, amendment. rials for its bomb program. I worked very closely during the war in I compliment Senator HARKIN for his The aid could flow if Pakistan starts Afghanistan, and through the years hard work on this amendment. We have the unsafeguarded production of pluto- have come to know many of the distin- talked with a number of our col- nium, an activity that may soon com- guished persons from that nation who leagues. We have talked with the ad- mence with the completion of its pro- have come to the United States either ministration. Former Ambassador duction reactor at Khushab. in an official capacity or indeed many, Pickering, now a senior official at the The aid could flow, in short, with no many who have a heritage in Pakistan Department of State, of course had expectation whatsoever that such aid who have come to reside and take up written us. Those letters are now in the would be accompanied by further their responsibilities in America. RECORD, to my understanding. progress in restraining Pakistan’s And that is why I agreed to be the I rank him among the most knowl- bomb program. And in so flowing, the principal cosponsor with my distin- edgeable of our present-day persons in aid could help Pakistan—albeit in a re- guished colleague. the Department of State, indeed stricted way—to alleviate the burdens Specifically, the amendment would throughout the administration, and of United States nuclear sanctions. In allow the United States to provide value his judgment greatly. I have other words, America could be helping OPIC financing for United States com- worked with him for some 15 to 18 Pakistan to cope with United States panies operating in Pakistan; would years now. And therefore, Mr. Presi- nuclear sanctions, rather than signal- allow the resumption of the IMET pro- dent, I strongly urge the adoption of ing our fundamental national convic- gram to train Pakistani military offi- this amendment. tion in policy and in law that prolifera- cers in the United States; and would At this time I yield the floor in rec- tion must have a price. Instead of mak- allow assistance for activities to pro- ognition of my colleagues. ing proliferators pay, we could be issu- mote the development of democratic Mr. HARKIN. I just want to thank ing special rewards for proliferation. institutions. my colleague for his aid, his assistance, The key here is obviously the word, This limited economic and training and strong support of this amendment, ‘‘could’’. The President would be left, assistance to Pakistan will ensure that and for talking to colleagues here on under this legislation, with the dele- the United States will remain con- the Senate floor about the importance gated responsibility of determining structively engaged with a nation that to the U.S. interests of making sure we whether the continuation of U.S. as- has a long history as a friend and ally reinstate OPIC, IMET, TDA, the de- sistance in the face of any of the ac- of the United States. mocracy initiative, and thank the dis- tivities above would truly serve the Almost from its creation as a nation tinguished Senator from Virginia for U.S. national interest. And I for one in 1947, Pakistan has assisted the Unit- his strong support and his help in this surely cannot imagine any cir- ed States in containing Soviet expan- effort. cumstance where such a determination sion in this critical part of the world. Mr. WARNER. I thank my distin- could be made. In 1954, the United States and Pakistan guished colleague, and particularly for Yet I hope that this amendment will signed a mutual defense assistance his reference to IMET. It is a program not send the entire world exactly the agreement which, over the following 10 I have dealt with throughout my career wrong message about America’s com- years resulted in the United States both in the Department of Defense and mitment to nonproliferation. providing Pakistan over $700 million in here in the Senate. And it returns The amendment must not suggest military grant aid. United States eco- great dividends to the United States. I that America has lost the political will nomic aid to Pakistan was even more am delighted that this will be a part of to keep nonproliferation as a key na- generous—this Nation provided over $5 it. tional security policy in our dealings billion to Pakistan from 1951–82. I yield the floor. with other countries. This close relationship was of great Mr. GLENN. Mr. President, I rise to It must not signal that our country benefit to the United States following speak about the amendment offered by is more concerned with promoting its the December 1979 Soviet invasion of my colleagues, Messrs. HARKIN and opportunities for trade and investment July 16, 1997 CONGRESSIONAL RECORD — SENATE S7555 than it is about curtailing the global keeping and other multilateral oper- stan is not detonating nuclear weapons spread of nuclear weapons. ations; antiterrorism assistance; an ex- right now. We should rejoice that Paki- It must not indicate that countries emption from storage costs for embar- stan is not transferring its bombs, can make—and then systematically goed military equipment; and delivery bomb designs, or bomb components— break—solemn promises to the United of military items sent to the United right now anyway—to other countries. States concerning matters of profound States for repair before the 1990 sanc- We should be happy that Pakistan has importance to regional and inter- tions. not yet imported a complete nuclear national security, and do so without For its sponsors, the Brown amend- reprocessing plant or uranium enrich- jeopardizing the flow of much-desired ment suffered from one rather serious ment plant from China, and be grateful U.S. foreign assistance. problem, however. That amendment that it is only technical assistance and Now all of us here today are familiar failed to recognize that Pakistan was components that Pakistan has received with the notion that America should still in violation of the Symington for its bomb program from China. By engage Pakistan by providing in- amendment, sec. 101 of the Arms Ex- golly, we should celebrate the fact that creased United States assistance as a port Control Act, and the likelihood of Pakistan does not yet have an ICBM, means of restraining its nuclear pro- presidential waiver of the latter was or that it has not yet attacked Indian gram. It would not be the first time extremely remote, in light of Paki- civilian or military positions with nu- that members of the Senate or the Ex- stan’s continued violations of that law. clear weapons hung under the wings of ecutive had argued that additional In short, because the Brown amend- United States-supplied F–16 aircraft. military or economic aid would serve ment neither repealed nor amended the Yes, we can surely be grateful for all as a valuable instrument of non- Symington amendment, the Symington the above restraint. proliferation. But I do not believe that amendment continues to outlaw the But maybe, just maybe, all of this the sponsors of this amendment today provision of aid under the Arms Export heroic nuclear restraint that Pakistan would sincerely make such an argu- Control Act or the Foreign Assistance has exercised is due in good measure to ment. We simply cannot turn a blind Act to Pakistan. That is why the the real and palpable costs that Paki- eye to history. present amendment is being offered—it stan would pay if it engaged in any of Mr. President, I ask unanimous con- is being offered to liberalize the sanc- those flagrant activities—costs that in- sent to insert at the end of my remarks tions under the Symington amend- clude, but are no means limited to, the a list of statements concerning the al- ment. costs that are found in existing United I note that the International Finan- leged value of United States foreign as- States sanctions legislation. cial Institutions Act only requires U.S. sistance as a tool of nuclear restraint We must examine, however, not just executive officers at those institutions in Pakistan. I urge my colleagues to at what Pakistan has not done, but merely ‘‘to consider’’ the nonprolifera- read a few of such assurances that also recall what Pakistan has done. tion credentials of the potential recipi- United States officials provided to Con- Here is what Pakistan has done re- ent country, and hence this does not gress throughout the decade of the cently: 1980’s, the very decade, lest we forget, prohibit continued aid via such institu- Pakistan has acquired thousands of tions. Pakistan has received hundreds that Pakistan crossed its most signifi- specially-designed ring magnets for its of millions of dollars in assistance cant milestones on its march to the unsafeguarded uranium enrichment from such institutions since October bomb. project, and reportedly acquired them The PRESIDING OFFICER. Without 1990. The Export-Import Bank Act only re- just about the time the United States objection, it is so ordered. quires the denial of credits in the event Congress was debating the Brown (See Exhibit 1.) of violations of safeguards or a US nu- amendment in 1995. Pakistan’s actions Mr. GLENN. I would like to remind make a mockery not just of the Brown my colleagues that most United States clear cooperation agreement; nuclear detonations; or persons or countries amendment, but also of America’s nu- economic and military aid to Pakistan clear nonproliferation policy as a was cut off in October 1990 by President that willfully aid and abet non-nuclear- weapon states to get the bomb. whole. George Bush, when he was no longer A host of other legislative amend- Pakistan is nearing completion of an able to certify that Pakistan did not ments have authorized the provision of unsafeguarded plutonium production possess nuclear weapons or that the the following forms of assistance to capability with its production reactor provision of further United States aid Pakistan, notwithstanding existing nu- at Khushab and, by some reports, a re- would reduce the risk that Pakistan clear sanctions, via nongovernmental lated nuclear reprocessing plant. would come to possess such weapons. organizations: agricultural, rural de- Pakistan has in the eyes of most of That language, found in the Pressler velopment, and nutrition; population the world, but evidently not yet those amendment, sec. 620E(e) of the Foreign and health; education and human re- in our own State Department, acquired Assistance Act, has been substantially sources development; energy; appro- nuclear-capable M–11 missiles from relaxed in recent years, in part by the priate technology; use of cooperatives China, and recently test-fired its HATF actions of Congress, and in part by ac- in development; integrating women missile. tions taken unilaterally by the Execu- into national economies; human rights; On March 20, 1997, the trade publica- tive. Let me review briefly just how far environment and natural resources; en- tion, Nucleonics Week, reported that America has gone already to relax dangered species; and private and vol- ‘‘Pakistan has completed its tests of these sanctions. untary organizations. its atomic bomb capability success- The Brown amendment, which was So America has not been heartless to fully through computer simulation.’’ enacted in February 1996, amended the the lot of Pakistan’s vast majority, its This claim was made by one who Pressler amendment to allow the provi- poor people. We have over the years should know, Pakistan’s former Army sion of all types of economic assist- provided billions of dollars of assist- Chief of Staff, Mirza Aslam Beg, and ance, notwithstanding Pakistan’s con- ance intended to improve the living comes as a particularly bitter reminder tinuing non-compliance with the Pres- conditions of the people of Pakistan. of the Senate’s unfortunate decision sler criteria. In addition to allowing Our grievance today is not with the last week to vote down a proposal by the transfer of over a third-of-a-billion people of Pakistan but with their Gov- my colleagues, Messrs. COCHRAN and dollars of embargoed military gear to ernment. It arises in particular from DURBIN, to tighten up export controls Pakistan—including spare parts and the awesome and growing credibility over high-powered computers going to upgrades for Pakistan’s probable nu- gap between the peaceful words of Pakistan and other risky countries. clear-weapons delivery vehicle, the F– Pakistan’s leaders about their coun- In June 1997, the CIA Director sent to 16—the Brown amendment also uncon- try’s nuclear program, and the certain Congress an unclassified report on ditionally authorized the resumption of fact that Pakistan is continuing to de- global weapons proliferation in the last the following aid: international narcot- velop nuclear weapons and the missiles 6 months of 1996—Report entitled: ‘‘The ics controls; military-to-military con- to deliver them. Acquisition of Technology Related to tacts, including IMET; humanitarian Now some might argue that we Weapons of Mass Destruction and Ad- and civic assistance projects; peace- should simply be grateful that Paki- vanced Conventional Munitions: July- S7556 CONGRESSIONAL RECORD — SENATE July 16, 1997 December 1996’’. Here is what the re- zerland, South Korea, Taiwan, Ger- lieve that past and continued American sup- port had to say about Pakistan: many, Japan, and numerous other port for Pakistan’s conventional defense re- duces the likelihood that Pakistan will feel Pakistan was very aggressive in seeking countries that individually reached compelled to cross the nuclear threshold.’’ out equipment, material, and technology for their own decisions that their latent Deputy Assistant Secretary of Defense its nuclear weapons program, with China as nuclear weapons options are just not Robert Peck, testimony before House sub- its principal supplier. Pakistan also sought a worth the substantial national security committee, 17 February 1988: ‘‘We believe wide variety of nuclear-related goods from and economic costs of exercising those that the improvements in Pakistan’s conven- many Western nations, including the United options. Make no mistake about it: tional military forces made possible by U.S. States. China also was a major supplier to assistance and the U.S. security commit- Pakistan’s ballistic missile program, provid- cost assessments have been and will continue to be crucial to national lead- ment our aid program symbolizes have had a ing technology and assistance. Of note, Paki- significant influence on Pakistan’s decision stan has made strong efforts to acquire an ers around the world in making such to forego the acquisition of nuclear weap- indigenous capability in missile production decisions. ons.’’ technologies. We will not come any closer to wit- Special Ambassador at Large Richard Ken- The report also said that, nessing the dawn of that new day, how- nedy, testimony before two House sub- The Chinese provided a tremendous variety ever, if we continue on our current committees, 22 October 1987: ‘‘We have made of assistance to both Iran’s and Pakistan’s course of incrementally weakening the it clear that Pakistan must show restraint ballistic missile programs. costs we impose for proliferation where in its nuclear program if it expects us to con- tinue providing security assistance.’’ Needless to say, these are some of the it occurs. I remain concerned that Assistant Secretary of State Richard Mur- key findings from just one recent un- while today’s step is quite modest and phy, testimony before Senate subcommittee, classified U.S. government report, per- incremental, the overall tendency is 18 March 1987: ‘‘Our assistance relationship haps the tip of the proverbial iceberg. one that is suggestive of a weakening is designed to advance both our non-pro- Mr. President, I ask unanimous con- of America’s resolve to pursue vigor- liferation and our strategic objectives relat- sent to insert into the RECORD at the ously its key nonproliferation goals. ing to Afghanistan. Development of a close end of my remarks copies of some of Last week we gave the Senate’s bless- and reliable security partnership with Paki- these relevant reports. ing to the disposal of licensing require- stan gives Pakistan an alternative to nu- The PRESIDING OFFICER. Without clear weapons to meet its legitimata secu- ments for computers that were used in rity needs and strengthens our influence on objection, it is so ordered. making hydrogen bombs. Today we Pakistan’s nuclear decision making. Shifting (See exhibit 1.) loosen sanctions on Pakistan despite to a policy of threats and public ultimata Mr. GLENN. How are we to interpret its ongoing nuclear and missile pro- would in our view decrease, not increase our such activities? Should we just write grams. Where will this process lead to- ability to continue to make a contribution them off as due to India’s own irrespon- morrow? to preventing a nuclear arms race in South sible nuclear and missile programs? Is That is the question that remains un- Asia. Undermining the credibility of the se- it due to the so-called inevitability of answered by today’s legislation. It is a curity relationship with the U.S. would itself create incentives for Pakistan to ignore our proliferation? No, indeed, we need to question that I surely hope is on the redouble our efforts to roll back both concerns and push forward in the direction of minds of each Member of Congress and nuclear weapons acquisition.’’ countries’ programs. Above all, we the relevant offices in the Executive. Deputy Assistant Secretary of State How- should not be engaging in acts that can Indeed, this is a question that should ard Schaffer, testimony before House sub- reasonably be interpreted as rewards be on the minds of all Americans. committee, 6 February 1984: ‘‘The assistance program also contributes to U.S. nuclear for proliferation. EXHIBIT 1 I do not myself see this legislation as non-proliferation goals. We believe strongly U.S. AID POLICIES AND PAKISTAN’S BOMB: that a program of support which enhances a reward for proliferation and do not WHAT WERE WE TRYING TO ACCOMPLISH? believe that its sponsors, including its Pakistan’s sense of security helps remove Letters to Congress from Presidents the principal underlying incentive for the ac- supporters in the Administration, so Reagan & Bush, 1985–1989, required under sec. quisition of a nuclear weapons capability. view it. But I worry more about how 620(e) of Foreign Assistance Act (Pressler The Government of Pakistan understands others will perceive it, particularly Amendment)—‘‘The proposed United States our deep concern over this issue. We have those in Pakistan and in the various assistance program for Pakistan remains ex- made clear that the relationship between our ministries of other countries that may tremely important in reducing the risk that two countries, and the program of military be working on clandestine projects to Pakistan will develop and ultimately possess and economic assistance on which it rests, develop weapons of mass destruction. such a device. I am convinced that our secu- are ultimately inconsistent with Pakistan’s rity relationship and assistance program are How far can Uncle Sam be pushed when development of a nuclear explosives device. the most effective means available for us to President Zia has stated publicly that Paki- it comes to avoiding sanctions against dissuade Pakistan from acquiring nuclear stan will not manufacture a nuclear explo- the bomb? If past is prologue, it ap- explosive devices. Our assistance program is sives device.’’ pears that the unfortunate answer is, designed to help Pakistan address its sub- Special Ambassador at Large Richard Ken- pretty far indeed. stantial and legitimate security needs, nedy, testimony before two House sub- Through this legislation, America thereby both reducing incentives and creat- committees, 1 November 1983: ‘‘By helping has now made a gesture—based more ing disincentives for Pakistani acquisition of friendly nations to address legitimate secu- on hope than on experience—that the nuclear explosives.’’—President George rity concerns, we seek to reduce incentives Government and people of Pakistan Bush, 10/5/89; President Ronald Reagan, 11/18/ for the acquisition of nuclear weapons. The 88; 12/17/87; 10/27/86; & 11/25/85. provision of security assistance and the sale will interpret as they wish. I hope they President George Bush, letter to Congress of military equipment can be major compo- will recognize that America is sincere (addressed to J. Danforth Quayle as Presi- nents of efforts along these lines. Develop- about its global commitments to nu- dent of the Senate), 12 April 1991, urging ment of security ties to the U.S. can clear and missile nonproliferation. I abandonment of Pressler certification re- strengthen a country’s confidence in its abil- hope they recognize that America re- quirement: ‘‘. . . my intention is to send the ity to defend itself without nuclear weapons. mains determined to pursue vigorously strongest possible message to Pakistan and At the same time, the existence of such a re- these commitments not only in Paki- other potential proliferators that non- lationship enhances our credibility when we stan, but also in India, and indeed, proliferation is among the highest priorities seek to persuade that country to forego [sic] of my Administration’s foreign policy, irre- nuclear arms . . . We believe that strength- wherever such illicit programs may spective of whether such a policy is required ening Pakistan’s conventional military ca- exist. by law.’’ pability serves a number of important U.S. I also hope—as the profound direct Deputy Assistant Secretary of State interests, including non-proliferation. At the and indirect costs mount of maintain- Teresita Schaffer, testimony before House same time, we have made clear to the gov- ing these dangerous nuclear and mis- subcommittee, 2 August 1989: ‘‘None of the ernment of Pakistan that efforts to acquire sile programs—that the Government F–16’s Pakistan already owns or is about to nuclear explosives would jeopardize our secu- and people of Pakistan will come in purchase is configured for nuclear delivery rity assistance program.’’ due course to realize that there is a . . . a Pakistan with a credible conventional Statement by Deputy Assistant Secretary deterrent will be less motivated to purchase of State Harry Marshall, 12 September 1983, more rational course to follow and a a nuclear weapons capability.’’ before International Nuclear Law Associa- new day will dawn. It is a course Deputy Assistant Secretary of Defense Ar- tion, San Francisco: ‘‘U.S. assistance has charted by the governments and people thur Hughes, testimony before House sub- permitted Pakistan to strengthen its con- of South Africa, Brazil, Sweden, Swit- committee, 2 August 1989: ‘‘Finally, we be- ventional defensive capability. This serves to July 16, 1997 CONGRESSIONAL RECORD — SENATE S7557 bolster its stability and thus reduce its moti- Pakistan Atomic Energy Commission tional Nuclear Corp., is said to be progress- vation for acquiring nuclear explosives.’’ (PAEC). ing on schedule and is expected to be com- President Ronald Reagan, report to Con- Butt described the 300–MW PWR at pleted by the target of October 1998. It is gress pursuant to sec. 601 of the Nuclear Non- Chashma as 70% complete in terms of both modeled on China’s indigenous-design PWR proliferation Act (‘‘601 Report’’), for calendar cost and equipment installed. Still to be in- at Qinshan. year 1982—‘‘Steps were taken to strengthen stalled are reactor internals. the U.S. security relationship with Pakistan For Qinshan-1, the reactor vessel and [From Nucleonics Week, March 20, 1997] with the objective of addressing that coun- internals and steam generator tubing were EX-ARMY HEAD SAYS PAKISTAN BOMB PASSED try’s security needs and thereby reducing manufactured in Japan, Germany, France, COMPUTER SIMULATION TESTS Sweden, and Britain. At that time, Western any motivation for acquiring nuclear explo- (By Abdul Rauf Siddiqi) sives.’’ industry firms involved in making the equip- KARACHI.—Pakistan has completed its President Ronald Reagan, report to Con- ment claimed that China did not have the tests of its atomic bomb capability success- gress pursuant to sec. 601 of the Nuclear Non- metallurgical know-how needed to make all fully through computer simulation, accord- proliferation Act (‘‘601 Report’’), for calendar the equipment needed to replicate the plant ing to Pakistan’s former Army Chief, retired year 1981—‘‘Military assistance by the Unit- in Pakistan (NW, 6 Feb. ’92, 2). South Korean general Mirza Aslam Beg in an interview ed States and the establishment of a new se- officials said in 1995 that Korea Heavy Indus- with the Urdu language national daily Paki- curity relationship with Pakistan should try & Construction Co. Ltd. (KHIC) had been stan published in Lahore. help to counteract its possible motivations approached to make the vessel, since it is al- Beg, who retired in 1990, is head of the toward acquiring nuclear weapons . . . More- ready manufacturing vessels for China’s Awami Qiyadat Party (AQP) and of an inter- over, help from the United States in larger indigenous PWRs at Qinshan, but the national think tank, Foundation for Re- strengthening Pakistan’s conventional mili- idea was dropped when Seoul applied to join search on International Environment, Na- tary capabilities would offer the best avail- the Nuclear Suppliers Group (NW, 28 Sept. tional Defence & Security. He took over the able means for counteracting possible moti- ’95, 1). reins of the armed forces after his prede- vations toward acquiring nuclear weapons.’’ Butt said that the pressure vessel for cessor died in a 1988 plane crash. He was the Assistant Secretary of State James Ma- Chashma-1 was made at a factory in north- first army chief to confirm Pakistan’s nu- lone, address before Atomic Industrial ern China and has been undergoing testing clear capability, and disclosed that the gov- Forum, San Francisco, 1 December 1981: ‘‘We since October. Butt said the vessel would be ernment froze the nuclear program in 1989 believe that this assistance—which is in the ‘‘ready soon’’ and would conform to inter- under U.S. pressure. strategic interest of the United States—will national quality standards. According to The former army chief’s confirmation of make a significant contribution to the well- French industry sources, China sought to Pakistan’s nuclear test via computer came being and security of Pakistan and that it make larger pressure vessels for the next an India is preparing to conduct a final test will be recognized as such by that govern- French-supplied PWRs to be build in of its intercontinental ballistic missile ment. We also believe that, for this reason, it Guangdong Province, but experts at Prithvi at Arrisa, Khalij Bengal. Beg said offers the best prospect of deterring the Framatome refused, citing quality concerns. that Pakistan’s next step would be the tech- Pakistanis from proceeding with the testing The steam generators for Chashma-1 will nology to drop a bomb. He said he has no or acquisition of nuclear explosives.’’ be made by Shanghai Boiler Works, and knowledge of Pakistan’s possessing the need- Undersecretary of State James Buckley, Shanghai Turbine Works will make the tur- ed missile technology, he said, ‘‘we can use testimony before Senate Foreign Relations bine generator. The unit’s two main circula- F–16 aircraft for the purpose.’’ Committee, 12 November 1981: ‘‘We believe tion pumps will also be provided by Chinese that a program of support which provides firms. Instrumentation and control (I&C) equipment is of Chinese design, Butt said, [From the Deutsche Presse-Agentur, July 3, Pakistan with a continuing relationship 1997] with a significant security partner and en- and will be manufactured by Chinese firms in hances its sense of security may help remove Shanghai and Beijing. PAKISTAN CONFIRMS TEST FIRING ROCKET BUT the principal underlying incentive for the ac- Butt said China will also provide the first GIVES NO DETAILS quisition of a nuclear weapons capability. core and three reloads, using Chinese ura- ISLAMABAD.—A government spokesman in With such a relationship in place we are nium enriched and fabricated into fuel in Islamabad confirmed Thursday that Paki- hopeful that over time we will be able to per- China. China has trained about 150 Pakistani stan’s Space and Upper Atmosphere Re- suade Pakistan that the pursuit of a weapons operating and maintenance personnel at search Council (Suparco) recently test fired capability is neither necessary to its secu- Qinshan, Butt said. Pakistan industry input a rocket. rity nor in its broader interest as an impor- to the Chashma project has been limited to ‘‘It was a routine test carried out by tant member of the world community.’’ some auxiliary equipment such as decon- Suparco in rocket motor technology and was Testimony of Undersecretary of State, tamination tanks in the liquid waste treat- aimed at peaceful uses of technology,’’ said James Buckley, in response to question from ment system. the spokesman of the Foreign Ministry com- Sen. Glenn, Senate Foreign Relations Com- According to Butt, Pakistan paid cash for menting on press reports that the test in- mittee, 12 November 1981, on effects of a nu- all the Chinese input to the Chashma volved Hatf–3 missile. clear detonation on continuation of cash project. Financing for a second Chinese unit The spokesman did not identify the rocket sales of F–16’s: ‘‘[Sen. Glenn] . . . so if Paki- there, he said, has ‘‘not yet been arranged.’’ as Hatf–3 nor did he confirm a report that it stan detonates a nuclear device before com- had a range of 800 kilometres. ‘‘I do not have pletion of the F–16 sale, will the administra- [From Nucleonics Week, March 27, 1997] the technical details,’’ he said. tion cut off future deliveries? NEW PAKISTANI GOVERNMENT RESTORES FULL Suparco is a civilian organization and its ‘‘[Buckley] Again, Senator, we have under- FUNDING FOR CHASHMA PROJECT research had ‘‘no military component’’, he scored the fact that this would dramatically (By Abdul Rauf Siddiqi) added. affect the relationship. The cash sales are Pakistan has been developing the Hatf mis- KARACHI.—The new government of Nawaz sile to rival India’s medium-range Prithvi part of that relationship. I cannot see draw- Sharif has decided to divert unutilized funds ing lines between the impact in the case of a missile. China has been helping Pakistan in amounting to about 4-billion rupees (U.S. the effort and has also supplied its M–11 mis- direct cash sale versus a guaranteed or U.S.- $100-million) from the disbanded People’s financed sale.’’ siles to the Moslem country. Works Programme to the 300–MW Chashma ‘‘You are free and welcome to locate the Undersecretary of State James Buckley, Nuclear Power Project, restoring the current letter to NY Times, 25 July 1981: ‘‘In place of factory,’’ the spokesman said rejecting as year’s budget to ensure the plant’s on-time ‘‘totally baseless’’ a U.S. Time magazine re- the ineffective sanctions on Pakistan’s nu- completion, government sources said. clear program imposed by the past Adminis- port last month that spy satellites of the The People’s Works Programme was dis- American Central Intelligence Agency had tration, we hope to address through conven- banded by the caretaker government headed tional means the sources of insecurity that spotted the layout of a new missile factory by Miraj Khalid, which bridged the time be- in the suburbs of Rawalpindi, adjacent to prompt a nation like Pakistan to seek a nu- tween the dissolution of Benazir Bhutto’s clear capability in the first place.’’ Islamabad. government to the formation of the current In the past, American intelligence agencies EXHIBIT 2 one. The caretaker government, brought into reports about the existence of secret nuclear [From Nucleonics Week, April 24, 1997] office on complaints of corruption, mis- facilities near Rawalpindi have neither been management, and misuse of funds in the PAEC OFFICIAL SAYS CHINA WILL MAKE KEY admitted nor proved independently. Bhutto regime, allowed only those program PARTS, FINISH CHASHMA BY 1999 projects which were near to completion to [From Nucleonics Week, July 3, 1997] (By Mark Hibbs) continue. U.S. BELIEVES KHUSHAB STILL COLD, NO TOKYO.—Pakistan’s first imported PWR The caretaker government also reduced HEAVY WATER SOLD BY CHINA will be finished by the end of 1998, and con- the allocation for Chashma by Rs 3-billion tain equipment which China imported for its from the Rs 4.7-billion budgeted for fiscal (By Mark Hibbs) prototype PWR at Qinshan but which Chi- 1996–97. BONN.—U.S. officials last week categori- nese firms have since learned to make, ac- Chashma, being constructed at an esti- cally denied a report from Pakistan which cording to Parvez Butt, a member of the mated cost of Rs 31-billion by the China Na- claimed that an unsafeguarded reactor near S7558 CONGRESSIONAL RECORD — SENATE July 16, 1997 Khushab has started operating. One official ington this recently, but U.S. government to conduct legislative procedure and monitoring nuclear developments in Paki- agencies ‘‘could not confirm’’ the Indian as- build lasting democratic institutions. stan told Nucleonics Week instead that ‘‘all sertion. A U.S. official said last week that, It is also in our best economic interests when New Delhi made the allegations to the data at hand indicates that the reactor is to resume OPIC support for investment still cold.’’ Washington, the U.S. ‘‘went back to the Chi- Two weeks ago, the Pakistani English-lan- nese on this’’ and received assurances from in Pakistan. Prominent U.S. business guage newspaper Dawn asserted that the re- Beijing that Chinese entities did to sell leaders have expressed their support actor is finished and has started up, but can- heavy water to Pakistan for Khushab. for such an initiative, and I believe this not produce electricity or reach full power U.S. officials said Indian allegations of option can benefit U.S. industry. The because of a shortage of heavy water (NW, 19 Chinese heavy water trading with Pakistan United States will be in a prime posi- June, 15). were first made during the 1970s, and the most recent claims were initially taken seri- tion to support economic reform in Western officials conjectured that the Pak- Pakistan, as well as compete for in- istani claim may have been triggered by a ously because there is evidence of past Chi- construction milestone at the reactor site or nese heavy water sales to both India and vestment and trade opportunities planted in response to recent reports that Pakistan. there. We cannot, and should not, pe- India has deployed the Prithvi ballistic mis- Last year, the Department of State, now nalize U.S. companies looking to ex- sile. negotiating a resumption of nuclear com- pand into this area of the world. In 1994, Western officials told Nucleonics merce with China, asserted to the U.S. Con- Neither should we jeopardize our gress that as of May 1996, China was not as- Week that Pakistan was building a pluto- stated goal of promoting nuclear non- nium production reactor, rated at between 50 sisting any unsafeguarded foreign nuclear programs. Despite the Indian claims, U.S. of- proliferation. We have worked to pre- and 70 megawatts thermal, at a site near vent the nuclear arms race in South Khushab. These sources later added that in- ficials last week continued to back China’s nonproliferation credentials. ‘‘That means telligence pointed to construction of a fuel Asia, and future cooperation with nothing has gone to Khushab,’’ since mid- fabrication or reprocessing center near the Pakistan is now at stake. Restoring 1996, ‘‘and no heavy water,’’ one U.S. official reactor (NW, 22 Feb. ’96, 6). As late as this IMET in Pakistan is perhaps the best involved said June 26. means we have of ensuring that non- April, however, a member of the Pakistan According to the Pakistani report, admin- Atomic Energy Commission denied flatly istrative difficulties in Pakistan had pre- proliferation becomes a reality. The that the reactor existed. vented heavy water from being allocated for Pakistani military controls the coun- According to one U.S. official this week, the Khushab reactor. Sources told Nucleon- try’s nuclear programs, but an entire however, the Khushab reactor ‘‘is definitely ics Week that, in fact, most of Pakistan’s generation of military officers has been out there’’ but not scheduled to be finished scarce heavy water resources have, over the denied access to training in the United ‘‘until later this year or sometime in 1998.’’ last two years, been allocated for the Kanupp Another official said that, under the most States. By prohibiting IMET, we have PHWR, which generates electricity under succeeded in reducing our contacts optimistic schedule, completion of the reac- IAEA safeguards. That allocation, sources tor ‘‘is several months away.’’ Sources indi- said, reflected a general policy by Pakistan within the leadership and limiting cated that the reactor had not yet undergone under former prime minister Benazir Bhutto their exposure to U.S. values and insti- cold testing, let alone become critical. not to take any steps, such as producing tutions. If we allow IMET to resume, The Pakistani report suggested that the high-enriched uranium (HEU) at the Kahuta we will strengthen our position on non- reactor would be used for electricity produc- centrifuge enrichment plant, which would be proliferation by encouraging a Paki- tion as well as for isotope production. Recent seen by Washington as provocative and esca- surveillance photographs of the site, how- stani military that is as pro-United lating regional nuclear tension. One source States as possible. Improved relations ever, do not indicate that Pakistan is build- said, ‘‘Keeping heavy water at Kanupp and ing power grid infrastructure, such as tur- away from Khushab should be seen by Wash- with Pakistan can only help our future bine generator equipment, for electricity ington as going hand-in-hand with not en- nonproliferation efforts. generation. Moreover, Western officials said, riching uranium to HEU.’’ Mr. President, I am pleased to be a it is not believed the reactor’s chief purpose Mr. TORRICELLI. Mr. President, I co-sponsor of this amendment, and I is isotope or silica production, as stated in rise today in strong support of the Har- look forward to a close relationship the Pakistani account. Pakistan has a tech- with Pakistan in the future. nical cooperation program with the IAEA for kin amendment which restores OPIC, Mr. MCCONNELL. I am not aware of these activities, ‘‘but none of this has got IMET, Trade and Development Assist- anything to do with Khushab,’’ one Vienna ance [TDA], and democracy-building any opposition to the amendment on official said, and the IAEA ‘‘has not been in- institutions in Pakistan. our side. formed’’ by Pakistan that the reactor is This amendment provides us with a Mr. LEAHY. None here. under construction or that Pakistan plans to unique opportunity to strengthen and We are ready to move forward, Mr. incorporate the unit into its existing tech- solidify our relationship with Paki- President. nical cooperation program. stan. Pakistan is a friendly country The PRESIDING OFFICER. The Sources said that, because Pakistan is fac- question is on agreeing to the amend- ing a massive financial crisis, the U.S. and and vitally important to the United States. By restoring these programs, ment. other creditor countries supporting the The amendment (No. 899) was agreed International Monetary Fund are trying to we can influence the course that Paki- leverage Islamabad to keep the reactor from stan’s economic and political reforms to. operating outside of IAEA safeguards. Zia take and improve the continuity of its Mr. MCCONNELL. I move to recon- Mian, a research fellow at the Union of Con- democratic government. sider the vote. cerned Scientists in Cambridge, Mass., ob- Pakistan has made great strides in The PRESIDING OFFICER. Without served, ‘‘If Pakistan were to start operating these areas, and Prime Minister objection, the motion to reconsider is the reactor now, it would be taking a very Sharif’s election signals a turning laid on the table. major foreign policy step,’’ demonstrating to point in Pakistani politics. As he The motion to lay on the table was the world that its unsafeguarded program is moves to improve the quality of his agreed to. going forward regardless of U.S. opposition, Mr. HUTCHINSON addressed the and escalating military nuclear activities to country’s government, the United include significant plutonium production. States should provide the support nec- Chair. The PRESIDING OFFICER. The Sen- INDIAN REPORT ALSO UNCONFIRMED essary. Prime Minister Sharif has spon- ator from Arkansas. U.S. officials last week confirmed the as- sored changes in the Pakistani con- sertion by Dawn that a critical factor which stitution to end the President’s power AMENDMENT NO. 890 may indefinitely delay full-power operation to dismiss the elected government. In (Purpose: To state the sense of the Senate of Khushab is shortage of heavy water. But the economic sphere, his government that most-favored-nation trade status for they did not confirm recurring Indian re- has embarked on an ambitious reform China should be revoked) ports that China, which the U.S. believes to program intended to stabilize the econ- Mr. HUTCHINSON. Mr. President, I have supported construction of Khushab, omy. These are positive developments, send an amendment to the desk and also provided heavy water for it. According but we need to encourage Pakistan to ask for its consideration. to Western intelligence sources, a full inven- go even further. Our own Secretary of The PRESIDING OFFICER. The tory of heavy water for the unit would be clerk will report the amendment. about 15–20 metric tons (MT), though it State has met with the Pakistani For- could go critical with a smaller amount. eign Minister to discuss options for The assistant legislative clerk read Indian sources said that, in 1996, China sold more extensive reforms. as follows: Pakistan 40 MT for Khushab, U.S. officials It is in the United States’ best inter- The Senator from Arkansas [Mr. HUTCHIN- said the Indian government had told Wash- ests to train Pakistani officials in how SON] proposes an amendment numbered 890. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7559 Mr. HUTCHINSON. Mr. President, I So, Mr. President, I feel very strong- pression today, we can say to them ask unanimous consent that further ly that our current policy of continu- there are those in America who stand reading of the amendment be dispensed ing normal trade relations without re- with them and who will support them with. gard to human rights conditions has in their fight for freedom. The PRESIDING OFFICER. Without been ineffective in stemming this very I know, Mr. President, that there are objection, it is so ordered. alarming trend in China by turning a many bills that have been introduced The amendment is as follows: blind eye to the atrocities or abdicat- to deal with China, and I hope that we At the appropriate place in the bill insert will deal with that. I hope we will take the following: ing our responsibility as a great and a ‘‘It is the sense of the Senate that the non- free nation. those bills, whether Senator discriminatory treatment extended to the As we have continued to extend Chi- BROWNBACK’s, Senator ABRAHAM’s, or People’s Republic of China on May 29, 1997, na’s MFN status, insufficient progress whoever may have introduced legisla- pursuant to section 402(c) of the Trade Act of has been made in opening the vast Chi- tion to address the China question, and 1974 should be withdrawn.’’ nese market to the American compa- we will put that into some kind of om- Mr. HUTCHINSON. Mr. President, I nies. The argument has been free trade, nibus bill in future weeks to send an offer amendment No. 890 to the foreign increased economic expansion. While even stronger message. Until then, this operations appropriations bill. This our imports from China have increased is our opportunity. This is our chance amendment which is a sense of the dramatically during the last 4 years, to, once again, give a voice to Amer- Senate, would disapprove the MFN sta- the amount of goods we export to ican foreign policy. This is our oppor- tus, most-favored-nation status, to the China has grown at a much, much tunity to say to the world and to say to nation of China. I have opposed the re- smaller rate. the Chinese Government, America still newal of MFN to China. On June 3 of Moreover, Mr. President, China uti- stands for something, that we do not this year I became an original cospon- lizes a vast prison system manned with have a foreign policy void of value, sor of Senate Joint Resolution 31, the slave labor to produce many products that those values we espouse, which legislation disapproving the extension which are exported to the West. It is are embodied in our founding docu- of MFN. unfair to ask American laborers, Amer- ments and in our very Constitution, Unfortunately, because of the joint ican workers, to compete with the live on, today, in the policy that we ad- resolution of disapproval in the House, slave labor of Communist China. I be- vocate toward China. which failed to pass the House of Rep- lieve in free trade. This is not free I know there were many who resentatives on June 24, as in past trade that we have currently. Soldiers breathed a sigh of relief in the U.S. years or at least recent years, the Sen- of the People’s Liberation Army stand Senate when MFN went down in the ate has not considered and has not had guard atop the towers of the slave House of Representatives. There was a the opportunity to weigh in on and to labor camps, known as Laogai. The sense of ‘‘we’re off the hook.’’ I say to voice its concern about the conditions PLA controls, either directly or indi- all of those of my colleagues who have in China, and particularly to cast a decried the conditions in China today, vote on the MFN status for China. rectly, a significant portion of the Chi- nese industry. In fact, according to our I say to all of my colleagues who in one Today we will have that opportunity form or another have said it is wrong with this sense of the Senate. It has CIA, thousands of industries that we are trading with on a routine basis are what they are doing over there, to re- been almost 4 years, Mr. President, member that while we may have been since the United States formally controlled by the People’s Liberation Army. That is not free trade. It is not off the hook, there are tens of thou- delinked the issues of trade and human sands of Chinese people in prison camps rights with regard to China. Four years fair trade. It is not right. Mr. President, it is believed that today who are still on the hook, this is ago when we delinked, when we em- our chance to give them the voice that barked upon our policy of constructive many of these industries are involved in the proliferation of weapons of mass their government has denied them. engagement, the logic was that greater I ask my colleagues to look deep destruction, arms smuggling, economic trade, greater economic expansion within their soul, to look at their con- espionage, use of forced labor, piracy of within China itself, would result in po- science, and I ask them to vote in favor intellectual property, and misinforma- litical freedom, greater political free- of this sense-of-the-Senate resolution tion of sensitive military technology. dom, less repression, more opportunity disapproving of most-favored-nation Mr. President, I know some of my for the people of China. status for China. colleagues, perhaps many of my col- The fact is, by every measure, the I ask for the yeas and nays. record of the Chinese Government on leagues, feel that this amendment is The PRESIDING OFFICER. Is there a human rights has worsened since the something they would rather not vote sufficient second? time that we embarked upon this pol- on. This sense of the Senate is some- There is a sufficient second. icy delinking trade and human rights. thing they would rather not have to go The yeas and nays were ordered. Whether you look at the crackdown on on the record on. I think that we are Mr. MCCONNELL. Mr. President, let people of faith within China, whether dealing with foreign operations. Sec- me say in response to the amendment you look at the practice of forced abor- tion 524 of this bill bars indirect assist- of my colleague from Arkansas, I and a tions, forced sterilization of the men- ance to many countries, including number of other Members of the Senate tally handicapped, the near extinction China. So it is relevant. It is germane. were in Hong Kong a couple of weeks of the expression of any opinion that It is important that the U.S. Senate ago. I raise Hong Kong—even though I would be contrary to the established have an opportunity to voice our con- know the sense-of-the-Senate amend- line of the Communist Government in cerns. It is a sense of Senate. It is not ment deals with China—I raise Hong Beijing, by any measure, conditions are binding. It is important we send that Kong because I think Hong Kong is the worse, freedoms are less, oppression is signal. best hope for China. Hong Kong is greater than it was 4 years ago when We may not be able this year—we going to lead the way to a new China, we started this policy of constructive cannot, obviously, because of the and a new China is already developing, engagement. House action—we may not be able to which is not to say that any of us are In fact, according to the 1996 country deny MFN status, but we can send a entirely happy about everything going report issued by our own State Depart- signal, and we should. on in the People’s Republic of China, ment, the U.S. State Department said To my colleagues I say there are peo- but a lot of good things are happening, that the Chinese Communist leaders ple watching. The Chinese Government particularly on the economic side. No have succeeded in silencing every is watching what this Chamber does. one in Hong Kong, not even Martin Lee known political dissident. Mr. Presi- The Chinese people are watching. We and all of the democratic reformers dent, that is every dissident, every free can send a message that we do not con- that many of us know, is in favor of voice, every voice of dissent, every con- done the practices, the oppressive to- terminating MFN for China. You can- trary opinion to the party line has now talitarian practices of this govern- not find anybody in Hong Kong who been extinguished in Communist China ment. We can, at the same time, to the thinks terminating MFN for China is a either through exile, through death, or tens of thousands, yes, the tens of mil- way to promote a better, more demo- through imprisonment. lions of Chinese who are facing that op- cratic, more open China. S7560 CONGRESSIONAL RECORD — SENATE July 16, 1997 So with all due respect to my friend rest of the United States, it means a independent. Qiao Shi, head of the Na- and colleague from Arkansas, I think loss of jobs. The Senator from Ken- tional People’s Congress, proposed a we have worked our way through this tucky just alluded to what it would limitation of administrative detention MFN debate. The President of the mean for Hong Kong. He alluded to the today in China—picking up an individ- United States, as we all know, in 1992, fact that we heard no democratic lead- ual, and holding them in custody can- when he ran, thought that MFN for er say MFN should be denied China. not be done for more than 30 days. That China ought to be linked to human Exactly the opposite. We heard demo- is a step forward. rights and democracy evolving in cratic leaders in Hong Kong saying to China has lived for 5,000 years under China, and as soon as the election was deny China MFN would negatively im- the rule of man; the rule of law is going over, he took a closer look at it and he pact the people of Hong Kong. to take some time. I commend the dis- changed his mind. I must say I give They estimate it would take eco- tinguished Senator for his commitment him credit for changing his mind be- nomic growth and cut it by half, from to this issue. If he had visited China in cause I don’t think this will bring 5 percent to 21⁄2 percent. They say that the late sixties or the early seventies, about the kind of positive reform in it would cost up to 86,000 jobs in Hong when Richard Nixon went to China and terms of human rights and democracy Kong, and that even a partial cancella- negotiated the Shanghai communique in China that we would all hope. tion, even a 6-month extension, would in 1972, it was a very much more con- What is changing China—unquestion- create a kind of uncertainty that stricted China. No one would have ably what is changing China—is eco- would disturb the market in Hong talked to the distinguished Senator. nomic reform. So I hope we will not Kong. Everybody dressed alike. Everybody support the amendment of the Senator I think it is misguided to think you marched to the sound of the same from Arkansas. I think it would be a can deny a nation as large as China, drummer. The red books of the Cul- step in the wrong direction. I know the largest nation in the world, normal tural Revolution were still evident on there are other colleagues who share trading relations—not special trading the streets. The music still blared my view. relations, nothing special about it, but every morning. The controls were evi- I see Senator FEINSTEIN on her feet normal trading relations—and do any- dent. now. I yield the floor. thing other than shoot ourselves in the It is a very different China today. Mrs. FEINSTEIN. I thank the distin- foot, because a whole ripple effect None of that is true today. People will guished Senator from Kentucky, and I would be felt throughout the United talk. They will say what they think. thank you, Mr. President, for this op- States. And the flip side in China There is a freer lifestyle. There is an portunity. would be the growing isolation, the improved standard of living. I believe I didn’t come to the floor prepared to hard-liners being able to say, ‘‘I told that if you have an economic democ- speak on this amendment. I came to you so.’’ racy, a social democracy will follow speak on a another amendment. Having Right now in China it is widely spec- one day, just as sure as the sun comes said that, I must say I am sorry this ulated that the next premier will be a up every morning, because the more sense-of-the-Senate amendment has man whose name is Zhu Rongji. He was people see the economic marketplace, been raised. I think it would be a big at one time the mayor of Shanghai. I the freedom that trade gives them, the mistake to pass this sense of the Sen- know him. He also is the author of the increased educational levels, the bene- ate that would essentially say to the marketplace economy for China. He fit it produces, they then enter into the People’s Republic of China, ‘‘we are supported Shanghai as the first inde- dialog and they learn about other cul- going to isolate you from the rest of pendent economic zone, which really tures. the world.’’ Make no mistake about it, was the first of these dynamic eco- So I believe that from the days of the that is what this amendment says. nomic zones, and then, second, he has 1960’s, of the Cultural Revolution and Anyone that has had a look at China supervised an amazing transformation its aftermath, really lasting up to 1979, knows that, historically, China has of the marketplace. 1980, in the ensuing 17 years after 1980, never wanted to interrelate with the Today, only 50 percent of the compa- there have been major changes within rest of the world. Those of us who were nies in China are wholly owned by the China. What we need to do is engage in Hong Kong for the handover heard central government. It used to be 100 China, send working teams over on a many comments about the British oc- percent of the companies were owned regular basis, sit down with Chinese cupation of Hong Kong as a kind of by the central government; 25 percent leaders, enable them to understand bounty from the opium wars where of these are in private hands today. how our Government works and what Britain forced on China the opium They are becoming more competitive, our concerns are and what our national trade, and the whole British control of more efficient. Sure, it is difficult be- interests are and, I think, bring China Hong Kong as a colony developed from cause the big employers of China are into the mainstream of world leader- that time. the centrally owned companies. So it ship, not isolate it. Nothing sends a Having said that, the question is, takes time. message of isolationism and contain- really, is anything productive solved In direct response to the distin- ment for China more strongly than de- by forcing China into a position of iso- guished Senator’s concern about nying normal trading relations. lationism, strengthening the hard-lin- human rights—because I share these Mr. President, I believe this amend- ers in China, providing a setback to the concerns very, very much—I have been ment should be defeated. It will not development of the rule of law and, trying for 6 years now, almost twice a bring about a positive result for the most importantly, providing a setback year, to get the Chinese Government ends that both the distinguished Sen- to the economic democracy that is now just to sit down with the Dalai Lama, ator and I would like to see. developing all throughout the eastern just to try to come to terms with him I thank the Chair and yield the floor. seaports of the People’s Republic of with respect to cultural and economic Mr. HUTCHINSON. Mr. President, I China? My answer to that is no. My an- preservation of Tibetans within Tibet. will briefly respond to my distin- swer to that is it signals to China that, So far, I have not been successful. I guished colleagues from Kentucky and effectively, Senate policy at the very don’t expect to stop trying. California. I feel compelled, as I listen least would be to try to contain China, But during the 6-year period, what I to the arguments that have been raised isolate China, and not allow China to have noticed has been interesting with- over and over again, and particularly be a normal trading party with the in the rest of China. What I have no- the phrase that ‘‘it is a different China United States of America. Internation- ticed is a growth in the rule of law. today.’’ ally, that signals catastrophe. What I have noticed is that the Chinese Well, it is not my opinion that I am Now, what does it mean for the Unit- are now eager to modernize their com- citing today. It is our own State De- ed States? For the United States, and mercial codes, their criminal codes. partment’s 1996 country report on the as a Californian, in my State, with one- The next step needs to be an independ- conditions in China. So I remind my third of our economy now dependent on ent judiciary; by this, I mean independ- colleagues on the floor right now that Asia—not necessarily on China, but ent from party control, a judiciary our State Department, in looking at Asia—it means a loss of jobs. For the that is paid well, that is seen to be China, said, yes, it is a different China; July 16, 1997 CONGRESSIONAL RECORD — SENATE S7561 the difference is that 8 years after the for it if you go to Hong Kong. I don’t China—will likely discontinue their Tiananmen Square massacre, after know about that, but I do know that if studies at universities in this country those brave students stood in front of you were in mainland China today, you including at the Henry Jackson School those tanks, there is not one remaining could not call for it because, if you of International Affairs at the Univer- independent free voice in China today. dared, you would be imprisoned and sity of Washington. That is our State Department. Every you would risk your very life and the As many as 400 Washington State dissident has either been killed or im- lives of your loved ones. There are no families might lose the ability to adopt prisoned or exiled. There are none of dissidents left. a young Chinese girl in the coming those independent voices. That is the So to my colleagues I say, the vote year as a result of this amendment. China that exists today. That is what on this amendment is very simple: to The Reverend Ned Graham and his our State Department has said. embrace the policy of profits and ap- East Gates Mininstries based in Sum- Now, the State Department had a peasement, or to embrace the policy of ner, WA, could see its mission in China new report they were going to issue. It principle and principled challenge to curtailed or possibly ended altogether. was supposed to have been out months those who would abuse and persecute East Gates Ministries has distributed ago. It was delayed. It was supposed to and execute their own citizens. nearly 2 million Bibles printed in Chi- have been out in June, and it has been Mr. President, I yield the floor. nese dialects throughout China. Other further delayed until after the MFN Mrs. MURRAY. Mr. President, I rise Washington State faith-based min- votes were over. I wish the administra- to discuss the amendment introduced istries are active in China and could tion had ordered that latest State De- by the Senator from Arkansas regard- see their activities halted if the Senate partment report to be issued so that ing MFN status for China. This issue is agrees to this amendment. the Members of the Senate could see of immense importance to Washington I recently traveled to Hong Kong and what the latest evaluation of the con- State and the Nation. China to discuss candidly the issues ditions in China really are. The latest As a member of the Foreign Oper- like MFN, the World Trade Organiza- we have, in the 1996 country report, is ations Subcommittee, I must state for tion, Hong Kong’s reversion to Chinese that there are no free voices in China the record that I believe that this is sovereignty, the trade imbalance be- today. not the appropriate forum for this tween the United States and China, my Now, they say we will isolate China. amendment. The Senator from Arkan- personal concerns on human rights, The same ones who say we are going to sas has chosen to spring upon the Sen- and numerous other issues. isolate China will say we can’t deny ate—with little notice—his amendment In Hong Kong, I met with officials MFN because they will send all of to fundamentally alter our relationship from the U.S. Consulate, the American those goods to Europe, they will find with the world’s most populous nation. Chamber of Commerce, the Hong Kong markets for their products in Europe. I am sure the Senator knows that the Government, and others. On the street Let me assure my colleagues, you will House of Representatives recently fol- and in official meetings, I sought to de- not isolate one-fifth of the world’s pop- lowed the process established by the termine the mood of the people of the ulation. And it is a self-contradictory Jackson-Vanik amendment to overturn former British Colony prior to the re- argument to say we dare not isolate the President’s decision to renew most- version to Chinese sovereignty. Again them or we will deny our American favored nation status for the People’s and again, I was encouraged to convey citizens these goods. Republic of China. The House of Rep- to the Congress the importance of MFN Now, my dear colleague and distin- resentatives in strong bipartisan fash- to Hong Kong. Virtually every leader guished friend from Kentucky said Mr. ion rejected the effort to overturn the from Hong Kong has communicated to Clinton had changed his mind when he President of the United States. I ap- Congress the devastating impact that got elected. Indeed, he did. He com- plaud the House for taking this action. MFN revocation would have on the is- mended him for his change of mind. The House vote in favor of MFN fol- land recently named the freest econ- Well, I criticize him for his change of lowed extensive hearings, much omy in the world. mind. I think he was right when he was thoughtful debate, and considerable In my view, it is important for all a candidate. He then said that it was input from our constituents, the busi- who want to influence change in China intolerable that we, as a people of con- ness community, and the Clinton ad- to recognize that Hong Kong’s transi- viction and values, should stand by and ministration. tion may be our best opportunity to close our eyes to what is going on in While this is not a new issue to many further influence the mainland in such China. So I regret that he made that in the Senate, the Senator from Arkan- important areas as the rule of law, re- change, as he has made changes in sas now asks the U.S. Senate go on spect for individual rights, and the many other policies. record on this important strategic many democratic principles that we Well, then they say, ‘‘It just takes issue on the wrong bill without the cherish in the United States. time, just give them time,’’ and if we benefits of adequate debate and thor- In Beijing, I met with China’s Vice will give them time, my colleagues ough consideration. I don’t believe this Premier, Chinese Trade Ministry offi- say, we will see political freedom, an is the way to make good policy, and cials, and Chinese leaders involved in increase in their economic opportuni- particularly on the United States- financial services, transportation, agri- ties and, as sure as day follows night, China relationship which is perhaps the culture, electronics, and aviation. I political freedom will come. Mr. Presi- most important, most difficult and also spent a significant amount of time dent, I have been waiting for 4 years. I most challenging relationship for Unit- with U.S. Ambassador Jim Sasser, our have been waiting for 4 years for one ed States policy makers to manage. former Senate colleague. Ambassador scintilla of evidence to support that I applaud Senator HUTCHISON’s inter- Sasser, who was a China critic as a notion. If I could have found just the est in the United States-China rela- member of this body, now adamantly slightest indication that things were tionship. In fact, I share many of the supports the renewal of MFN status for getting better in China, I would have concerns that he in his arguments has China. voted for MFN to encourage those posi- outlined. But I differ in his prescrip- In my meeting with Vice Premier Li tive changes. But by every measure, it tion for addressing the problems in the Lanqing, I focused on the trade imbal- has gotten worse, and every objective United States-China relationship. I ance between the United States and observer, from Amnesty International, don’t believe ending MFN or normal China, my concerns and those of my to Family Research Council, to our trade ties with China will advance constituents on human rights, and the own State Department, has said it’s United States interests. Rather, I be- importance of China abiding by its worse. lieve the approach prescribed by oppo- commitments to Hong Kong. So how can we continue to say, well, nents of MFN would for all intensive I also discussed the Chinese counter- business as usual, and if we keep on purposes end our relationship with parts many other issues important to giving them time, it will get better, China. For my State, this would be dis- us, including the growth of the when, so far, every time they have astrous. Internet in China, the competitive ad- thumbed their nose at what we have Chinese students—some of whom will vantage of Washington State’s ports done. Then we hear that no one calls become future government leaders in and transportation infrastructure, the S7562 CONGRESSIONAL RECORD — SENATE July 16, 1997 future energy needs of China, food se- users, 600,000 heroin addicts, and 9,800,000 ance for certain drug-producing and drug- curity issues, including China’s ability marijuana users. transit countries, shall not apply in 1998 and to feed its own people, problems associ- (4) Illegal drug use occurs among members 1999. of every ethnic and socioeconomic group in (2) The President may waive the applica- ated with large, unproductive state- the United States. bility of that section in 2000 if the President owned enterprises and growth patterns (5) Drug-related illness, death, and crime determines that the waiver would facilitate in coastal and rural parts of China. cost the United States approximately the enhancement of United States inter- My point in discussing my trip to $67,000,000,000 in 1996, including costs for lost national narcotics control programs. China tonight is quite simple: If the productivity, premature death, and incarcer- Mr. DODD. Mr. President, I ask for Senate adopts the Hutchinson amend- ation. the yeas and nays on this amendment. ment, it will have disastrous con- (6) Worldwide drug trafficking generates The PRESIDING OFFICER. Is there a sequences on the United States-China revenues estimated at $400,000,000,000 annu- sufficient second? ally. There is a sufficient second. relationship. I believe it will threaten (7) The United States has spent more than our very ability to dialog with the Chi- $25,000,000,000 for drug interdiction and The yeas and nays were ordered. nese on all of the issues I have just out- source country counternarcotics programs AMENDMENT NO. 901 TO AMENDMENT NO. 900 lined. since 1981, and despite impressive seizures at (Purpose: To perfect the pending If the opponents of MFN truly believe the border, on the high seas, and in other amendment) the Senate must go on record on this countries, illegal drugs from foreign sources Mr. DODD. Mr. President, I send an issue, so be it. Let’s do it in a respon- are cheaper and more readily available in amendment to the desk and ask for its sible fashion with the proper consider- the United States today than 20 years ago. immediate consideration. (8) The 1961 Single Convention on Narcotic The PRESIDING OFFICER. The ation that an issue of this importance Drugs, the 1971 Convention on Psychotropic merits. clerk will report. Substances, and the 1988 Convention Against The legislative clerk read as follows: I strongly encourage my colleagues Illicit Traffic in Narcotic Drugs and Psycho- The Senator from Connecticut [Mr. DODD] to vote against the Hutchinson amend- tropic Substances form the legal framework proposes an amendment numbered 901 to ment. I believe it is unwise and irre- for international drug control cooperation. Amendment No. 900. sponsible for the Senate to address this (9) The United Nations International Drug Mr. DODD. Mr. President, I ask unan- issue in this fashion. Control Program, the International Narcot- Mr. DODD. Mr. President, pursuant ics Control Board, and the Organization of imous consent that reading of the to a request by the distinguished Sen- American States can play important roles in amendment be dispensed with. facilitating the development and implemen- The PRESIDING OFFICER. Without ator from Kentucky, the chairman of tation of more effective multilateral pro- objection, it is so ordered. the committee and manager of the bill, grams to combat both domestic and inter- The amendment is as follows: I ask unanimous consent that the national drug trafficking and consumption. Strike all after the first word in the pend- amendment by the distinguished Sen- (10) The annual certification process re- ing amendment and add in lieu thereof the ator from Arkansas be temporarily laid quired by section 490 of the Foreign Assist- following: ance Act of 1961 (22 U.S.C. 2291j), which has aside. SEC. . SUSPENSION OF DRUG CERTIFICATION The PRESIDING OFFICER (Mr. been in effect since 1986, has failed to foster PROCEDURES. bilateral or multilateral cooperation with FAIRCLOTH). Is there objection? SEC. 575. (a) FINDINGS.—Congress makes Without objection, it is so ordered. United States counternarcotics programs be- the following findings: cause its provisions are vague and inconsist- (1) The international drug trade poses a di- AMENDMENT NO. 900 ently applied and fail to acknowledge that rect threat to the United States and to inter- (Purpose: To suspend temporarily the certifi- United States narcotics programs have not national efforts to promote democracy, eco- cation procedures under section 490(b) of been fully effective in combating consump- nomic stability, human rights, and the rule the Foreign Assistance Act of 1961 in order tion or trafficking in illegal drugs, and relat- of law. to foster greater multilateral cooperation ed crimes, in the United States. (2) The United States has a vital national in international counternarcotics pro- (b) SENSE OF CONGRESS.—It is the sense of interest in combating the financial and other grams.) Congress that— resources of the multinational drug cartels, Mr. DODD. Mr. President, I send an (1) existing United States domestic and which resources threaten the integrity of po- amendment to the desk and ask for its international counternarcotics program have litical and financial institutions both in the immediate consideration. not reduced the supply of illegal drugs or sig- United States and abroad. (3) Approximately 12,800,000 Americans use The PRESIDING OFFICER. The nificantly reduced domestic consumption of such drugs; illegal drugs, including 1,500,000 cocaine clerk will report. (2) the President should appoint a high users, 600,000 heroin addicts, and 9,800,000 The legislative clerk read as follows: level task force of foreign policy experts, law marijuana users. The Senator from Connecticut [Mr. DODD], enforcement officials, and drug specialists to (4) Illegal drug use occurs among members for himself, Mr. MCCAIN, Mr. DASCHLE, Mr. develop a comprehensive program for ad- of every ethnic and socioeconomic group in LUGAR, Mr. DOMENICI, Mr. KERREY, Mrs. dressing domestic and international drug the United States. HUTCHISON, Mr. COCHRAN, Mr. HAGEL, Mr. trafficking and drug consumption and relat- (5) Drug-related illness, death, and crime cost the United States approximately WARNER, and Mr. INOUYE, proposes an ed crimes, with particular attention to fash- $67,000,000,000 in 1996, including costs for lost amendment numbered 900. ioning a multilateral framework for improv- productivity, premature death, and incarcer- ing international cooperation in combating Mr. DODD. Mr. President, I ask unan- ation. imous consent that reading of the illegal drug trafficking, and should designate (6) Worldwide drug trafficking generates amendment be dispensed with. the Director of the Office of National Drug revenues estimated at $400,000,000,000 annu- The PRESIDING OFFICER. Without Policy to chair the task force; ally. (3) the President should call upon the (7) The United States has spent more than objection, it is so ordered. heads of state of major illicit drug producing The amendment is as follows: $25,000,000,000 for drug interdiction and countries, major drug transit countries, and source country counternarcotics programs On page 102, between lines 9 and 10, insert major money laundering countries to estab- since 1981, and despite impressive seizures at the following: lish similar high level task forces to work in the border, on the high seas, and in other TEMPORARY SUSPENSION OF DRUG coordination with the United States; and countries, illegal drugs from foreign sources CERTIFICATION PROCEDURES (4) not later than one year after the date of are cheaper and more readily available in SEC. 575. (a) FINDINGS.—Congress makes enactment of this Act, the President should the United States today than 20 years ago. the following findings: call for the convening of an international (8) The 1961 Single Convention on Narcotic (1) The international drug trade poses a di- summit of all interested governments to be Drugs, the 1971 Convention on Psychotropic rect threat to the United States and to inter- hosted by the Organization of American Substances, and the 1988 Convention Against national efforts to promote democracy, eco- States or another international organization Illicit Traffic in Narcotic Drugs and Psycho- nomic stability, human rights, and the rule mutually agreed to by the parties, for the tropic Substances form the legal framework of law. purpose of reviewing the findings and rec- for international drug control cooperation. (2) The United States has a vital national ommendations of the task forces referred to (9) The United Nations International Drug interest in combating the financial and other in paragraphs (1) and (2) and adopting a Control Program, the International Narcot- resources of the multinational drug cartels, counternarcotics plan of action for each ics Control Board, and the Organization of which resources threaten the integrity of po- country. American States can play important roles in litical and financial institutions both in the (c) SUSPENSION OF DRUG CERTIFICATION facilitating the development and implemen- United States and abroad. PROCESS.—(1) Section 490 of the Foreign As- tation of more effective multilateral pro- (3) Approximately 12,800,000 Americans use sistance Act of 1961 (22 U.S.C. 2291j), relating grams to combat both domestic and inter- illegal drugs, including 1,500,000 cocaine to annual certification procedures for assist- national drug trafficking and consumption. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7563 (10) The annual certification process re- establish a high-level interdisciplinary ing here in the United States. Today, quired by section 490 of the Foreign Assist- task force, under the direction of Gen- approximately 12.8 million Americans ance Act of 1961 (22 U.S.C. 2291j), which has eral Barry McCaffrey, Director of the use illegal drugs, including 1.5 million been in effect since 1986, has failed to foster Office of National Drug Control Policy, cocaine users, 600,000 heroin addicts, bilateral or multilateral cooperation with and 9.8 million people who have used United States counternarcotics programs be- to develop a comprehensive strategy cause its provisions are vague and inconsist- for dealing with the supply and demand marijuana. ently applied and fail to acknowledge that side of the drug problem. This menace isn’t just confined to United States narcotics programs have not This amendment also urges the our inner cities or the poor. Illegal been fully effective in combating consump- President of the United States to en- drug use occurs among members of tion or trafficking in illegal drugs, and relat- courage other drug-producing, and every ethnic and socioeconomic group ed crimes, in the United States. transit countries to undertake similar in this country. The human and eco- (b) SENSE OF CONGRESS.—It is the sense of efforts. Within a year’s time, it calls nomic costs are enormous and stagger- Congress that— ing. Drug-related illness, death, and (1) existing United States domestic and for an international summit to be held, international counternarcotics program have at which time the efforts of all of the crime cost our Government and the not reduced the supply of illegal drugs or sig- parties would be merged into a multi- taxpayers of this Nation approximately nificantly reduced domestic consumption of lateral battle plan to engage the illegal $67 billion in 1996, including costs for such drugs; drug trade on every front. lost productivity, premature death, (2) the President should appoint a high In order to create the kind of inter- and incarceration. level task force of foreign policy experts, law national cooperation and mutual re- The drug trade is an enormously lu- enforcement officials, and drug specialists to crative business. Drug trafficking gen- develop a comprehensive program for ad- spect that must be present if this effort is to produce the results all of us de- erates estimated revenues of $400 bil- dressing domestic and international drug lion annually. Although often left trafficking and drug consumption and relat- sire, our amendment would also tempo- ed crimes, with particular attention to fash- rarily suspend, for 2 years, the annual unstated, it is United States’ demands ioning a multilateral framework for improv- drug certification procedure while ef- for these illegal drugs which has been a ing international cooperation in combating forts are ongoing to develop and imple- driving force making drug trafficking illegal drug trafficking, and should designate ment a new strategy. It does not repeal the incredibly lucrative enterprise it the Director of the Office of National Drug the certification process, but suspends has become. The principal focus of the Policy to chair the task force; U.S. international counternarcotics ef- (3) the President should call upon the it for 2 years in order to try this new dynamic. Barry McCaffrey, Director of forts has been to endeavor to go to the heads of state of major illicit drug producing source, to penetrate the countries, major drug transit countries, and the Office of National Drug Control major money laundering countries to estab- Policy, supports this amendment, as narcotrafficking organizations that lish similar high level task forces to work in does the administration. control the production and distribution coordination with the United States; and As you know, the issue of how best to of drugs, and to dismantle them. An (4) not later than one year after the date of construct and implement an effective important component of that inter- enactment of this Act, the President should counternarcotics policy has been the national effort since 1986 has also in- call for the convening of an international cluded as its centerpiece the so called summit of all interested governments to be subject of much debate in this Chamber and, I add, much disagreement over the ‘‘annual certification process.’’ hosted by the Organization of American Mr. President, I commend those who years. Our intention in offering this States or another international organization authored the certification process. mutually agreed to by the parties, for the amendment today is to try and see if Their intent, as is the intent of us who purpose of reviewing the findings and rec- there isn’t some way to end what has offer this amendment, is the same; that ommendations of the task forces referred to become a stale annual event, an event is, to try and figure out a way to slow in paragraphs (1) and (2) and adopting a that has not brought us one step closer counternarcotics plan of action for each down this traffic that pours into our to mounting a credible effort to elimi- country. country. Mr. President, I respectfully nate or even contain the international (c) SUSPENSION OF DRUG CERTIFICATION suggest that, after 10 years, the certifi- drug Mafia. PROCESS.—(1) Section 490 of the Foreign As- cation process has not helped. There- We all can agree that drugs are a sistance Act of 1961 (22 U.S.C. 2291j), relating fore, we are trying, through this to annual certification procedures for assist- huge problem and a growing problem. amendment, a new process by which we ance for certain drug-producing and drug- Illegal drugs aren’t some theoretical might, hopefully, change the dynamic transit countries, shall not apply in 1998 and abstraction that only concerns Mem- and reverse the present trends that 1999. bers of Congress. Most American fami- (2) The President may waive the applica- continue upward. The United States lies know —many firsthand, unfortu- bility of that section in 2000 if the President has spent more than $25 billion since nately—the dangers inherent in the determines prior to Dec. 31, 1999 that the 1981 for foreign interdictions and drug trade. They worry about their waiver would facilitate the enhancement of source country counternarcotics United States international narcotics con- children, their schools, their streets, projects, and has been issuing an an- trol programs. and their communities. They know nual certification report card since Mr. DODD. Mr. President, I offered only too well the impact that unfet- 1986. the second-degree amendment and it tered drug gangs can have on them, Yet, despite these efforts, seizures at doesn’t substantially change the origi- their families, and the towns in which the borders, from the high seas, and nal amendment, but it is so that we they live. other countries, foreign drugs are can have an up-or-down vote on the We can all agree here, Mr. President, cheaper and more readily available in substance of the amendment I offered that there is an important inter- the United States today than they were on behalf of myself, my colleague from national component to the drug men- two decades ago. Drugs have continued Arizona, Senator MCCAIN, Senator ace. Drug kingpins have no respect for to flood our neighborhoods and wreak DASCHLE, Senator LUGAR, Senator DO- international borders. They ply their havoc on our families and our commu- MENICI, Senator COCHRAN, Senator trade clandestinely wherever the op- nities. I believe, as do my cosponsors of KERREY of Nebraska, Senator portunities may arise. The inter- this amendment, that it is time to be HUTCHISON, Senator HAGEL, Senator national drug trade poses a direct honest and to admit that our inter- WARNER, and Senator INOUYE. threat, I argue, to the United States as national drug strategy isn’t working, Mr. President, we believe that the ap- a government here at home, and to and that means the entire certification proach contained in this amendment international efforts to promote de- process. will lead to a far more cooperative and mocracy, economic stability, human Let’s look at what some leading edi- effective effort to meet the inter- rights, and the rule of law throughout torial pages have recently said about national threat posed by the inter- the globe; but most especially, I think, certification; what the Nation’s edi- national drug trafficking that is occur- here in our own hemisphere. torial pages say about drug ‘‘certifi- ring in our country and elsewhere Mr. President, I have concerns about cation.’’ around the globe. the international implications of the The Washington Post: The pending amendment calls upon drug trade. Of even greater concern to Congress put the United States into the the President of the United States to me personally are the effects it is hav- business of grading other nations on their S7564 CONGRESSIONAL RECORD — SENATE July 16, 1997 performance in the war against drugs, and Legislation introduced last week by Sens. But there is a deeper hypocrisy in con- punishing those found to fall short, back in Christopher Dodd (D–Conn.) and John demning other nations’ efforts to stem drug 1986. ‘‘Certification’’ then seemed an idea McCain (R–Arizona), and slated for a vote in supplies when the United States’ own gov- worth testing. It has now been tested. It’s a the Senate later this week, would suspend ernment has had so little success in sup- flop. the certification process for two years to pressing domestic demand for drugs. Until The Miami Herald, I quote: allow the development of more workable al- America can address the demand problem ternatives. It ought to be approved. more credibly than it has, it would be wise Not surprisingly, both certified allies and Last February’s go-around over Mexico’s for Washington to cooperate with other na- decertified pariah states have taken um- certification demonstrated just how prob- tions affected by drug trafficking in devising brage at this unilateral finger-pointing by lematic the process has become. new strategies, rather than browbeating the world’s largest consumer of illegal nar- Mexico, which was in the middle of an epic them with meaningless report cards. cotics * * * With certification on hold, the drug-related scandal, was certified. But Co- administration should have time to craft a lombia, which had lost many more lives and [From the Christian Science Monitor, June better policy. scored significant victories fighting the drug 16, 1997] San Francisco Chronicle: cartels, was decertified. A GOOD STEP ON DRUGS Often obscured in the complexities of It would have been absurd indeed for the Since drug trafficking is an international international relations is the utter hypoc- U.S. to decertify and impose economic sanc- problem, international cooperation to com- risy of the certification process, in which the tions on Mexico, with which we had signed a bat it has always made sense. But Washing- United States—the world’s leading consumer free-trade agreement just three years before ton’s approach to such cooperation has for of illegal drugs—passes judgment on coun- and which was recovering—thanks to a the last decade included a tool for bludgeon- tries that do not live up to our lofty stand- multibillion-dollar U.S. loan guarantee— ing others into antidrug partnership—the de- ards of narcotics control * * * If the United from a deep economic crisis. certification process, by which other nations States, with all its power and riches, cannot President Clinton, quite properly, gave face economic sanctions by the US if they control or even diminish the demand for greater weight to these economic realities are deemed noncooperative. The result in the drugs within its own borders, it is absurd to and the totality of our relationship with most important arena, Latin America, has demand that much poorer nations save us Mexico than to the certification law’s de- been recurrent friction rather than tighter from ourselves * * * Congress should rethink mand for sanctions. But not before relations cooperation. the world certification process and deal with between the two countries reached the low- This year’s certification of Mexico and de- international problems on a country-by- est point in recent memory. And the way certification of Colombia made it more obvi- country basis as the need arises * ** Mexican certification was rationalized fed ous than ever that this particular The Christian Science Monitor: popular cynicism in this country about the antinarcotics tool should be junked. Politics seriousness of the certification exercise. and US economic interests, rather than ob- The U.S. and Mexico have every reason to Sadly, the bottom line on the usefulness of jective consideration of the antidrug records be close partners and friends—able to offer the certification strategy is that drugs today of both countries, dictated the final decision. warranted criticism. The yearly drug certifi- are far cheaper and more easily available in A new bill sponsored by Sen. Christopher cation process is a very awkward, lopsided the U.S. than when Congress created the Dodd (D) of Connecticut and Sen. John way of delivering it. process 11 years ago. McCain (R) of Arizona would suspend the de- Newsday: There shouldn’t be any doubt that fighting certification process for the next two years. The real issue now is whether the rationale drugs must remain a top foreign and domes- It also urges the formation of a high-level for certification has become so specious that tic policy priority and that an annual review task force under the direction of the govern- the process has become irrelevant. At the properly focuses national attention on it. ment’s chief drug-control official, Barry very least, the entire drug-certification proc- But as the Dodd-McCain initiative sug- McCaffrey, to reassess policy responses to ess needs to be reviewed. gests, the effort should be a more com- both the supply and demand sides of the nar- cotics problem. The president would encour- The Boston Globe: prehensive and flexible exercise that, for in- stance, considers both foreign supply and do- age other countries to form similar task Certification is hypocritical and ineffec- mestic demand. A new approach also should forces, and in two years an international tive as a tool against drugs. It should be emphasize multilateral, cooperative strate- summit would be held to forge a joint anti- abandoned * * * Certification is largely gies as a strategy of first resort. drug strategy. blind to the contribution Americans them- When that doesn’t work, economic sanc- Some may argue that this sounds like a selves have made to an international prob- tions, diplomatic pressure, law-enforcement megastudy of a problem that has already lem. Frustrations over how to deal with that measures, economic aid and other measures been studied to death. But the plan has three problem are not justification for pursuing should all be at the disposal of the president elements that strongly recommend it: poor policies—and certification is doing to ensure cooperation. The war on drugs is a For at least two years, and maybe more, it more harm than good. long, arduous campaign that is more likely gets rid of the divisive, counterproductive Last, the New York Times: to be won through ingenuity and tenacity decertification club. Inherent in it is a closer examination of The politicization of the debate is only one than annual grandstanding and empty the demand problem within the US, and the example of what is wrong with the whole cer- threats. possibility of productively shifting resources tification process. It began in 1986 as a way to such needs as drug treatment. This aids to pressure supplier countries to fight drugs. [From Newsday, July 16, 1997] cooperation as well, since Latin Americans It has not been successful and should be FIND BETTER WAYS TO STEM THE FLOW OF have long charged that the US underplays its abolished * * * Latin Americans’ resent- ILLICIT DRUGS demand problem. ment of the certification process makes it An eminently sensible bill in Congress It holds out the possibility of an inter- counterproductive * * * The process does would begin to do away with the ineffective national antidrug partnership based on not capture the ambiguities of practice of certifying other nations’ efforts shared interests and ideas, rather than one cooperation *** Certification is ultimately to control production and shipment of illegal forced together by US threats. dangerous because it contributes to the drugs and punishing those that don’t meet The Dodd-McCain bill should be promptly myth that America’s drug problem can best U.S. standards. A two-year moratorium on enacted. be fought overseas * * * Instead of inter- certification is included in legislation, intro- national certification, Washington should duced by Sens. Christopher Dodd (D-Conn.) [From the Washington Post, July 14, 1997] examine how well its policies at home com- and John McCain (R-Ariz.), which calls for a DRUGS: INTERDICTING THE FLOW ... bat drugs. presidential commission to come up with a Congress put the United States into the Mr. President, I ask unanimous con- coordinated strategy for drug control in con- business of grading other nations on their sent that the full text of these edi- sultation with other countries. performance in the war against drugs, and torials be printed in the RECORD. The drug-certification law was enacted in punishing those found to fall short, back in There being no objection, the mate- 1986 by a Congress intent on showing it could 1986. ‘‘Certification’’ then seemed an idea rial was ordered to be printed in the do something about drugs, but it has proved worth testing. It now has been tested. It’s a to have little impact. Worse, it has backfired flop. By provoking local nationalism, this RECORD, as follows: more than once in the conduct of U.S. for- sort of unilateral American intervention has, [From the Chicago Tribune, June 16, 1997] eign policy. In practice, it has been applied in Mexico, Colombia and elsewhere, strained RETHINKING DRUG CERTIFICATION with bald-faced hypocrisy: How else to ex- the anti-drug cooperation it was meant to The United States’ annual rating of other plain the decertification last year of Colom- strengthen. It has centered the American countries’ sincerity and success in fighting bia, which has done its best to cooperate, fight against drugs more on foreign supply the drug war has become a case of good in- and the recertification of Mexico, whose gov- than on consumption at home—an emphasis tentions gone awry. The tit-for-tat sanctions ernment is riddled with narco-corruption? that, for all the successful drug seizures, has of this blunt policy tool oversimplify com- Simple: Mexico is economically and politi- seen the international drug flow pick up over plex issues and fail to weigh policy nuances cally important to Washington; Colombia is the years and force prices on the American or competing national interests. not. street steadily down. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7565 Now comes a move in Congress to look at This after Mexico’s chief anti-drug official today, the lowest they have been in certification with a beady eye. Sens. Chris- was arrested for allegedly aiding the head of two decades. We just came from a hear- topher Dodd and John McCain are leading a his country’s biggest, most ruthless drug ing chaired by our colleague from bipartisan, ideologically neutral effort that cartel. Georgia, which my colleague from Mas- With certification on hold, the administra- draws reasonable and necessary conclusions sachusetts, who is on the floor, at- from the experience of the past decade. They tion should have time to craft a better pol- would suspend for two years the process of icy. The bipartisan resolution encourages tended. We heard at that hearing that unilateral American certification and enlist the president to foster international anti- the problem is getting worse—not bet- the drug-producing and transit countries to drug cooperation, culminating in a summit ter. In the countries that we have de- join the United States in an international where strategies could be mutually agreed certified, I say to my colleague from program to contend with both trafficking upon. That global approach, it suggests, Arizona, over the last couple of years and consumption. In a word that Americans would work in sync with a comprehensive the problem gets worse—not better. We will have to get used to in dealing with these domestic plan, addressing both supply and are getting less cooperation in many ‘‘global’’ issues, the United States would demand problems, developed by Gen. Barry places. There is a sense of antagonism ‘‘multilateralize’’ the war against drugs. Co- McCaffrey, director of the Office of National about how we approach this issue. operation would become the key. Drug Control Policy, and other experts. So while I applaud the intentions of International problems exist for which ‘‘We need to reach out to other govern- one-sided applications of American power— ments who share our concerns about the those who authored this process—and I in this instance control of international threat that drugs pose to the very fabric of understand the rationale for it back in credit—are a remedy. Drugs is not one of their societies and our own. It is arrogant to 1986—from time to time I think we them. While other countries are the prin- assume we are the only nation that cares have to step back and ask ourselves cipal source of the supply, the United States about such matters,’’ said Sen. Dodd. ‘‘To- blunt questions as to what we have is the dominant source of the demand. It is gether, working collectively, we can defeat tried to do, no matter how well in- laughable to pretend that just one side of the traffickers. But if we expend our energies tended. Is it working? If it is not, and this equation can and need be dealt with. playing the blame game, we are certainly if the problem is getting worse, then I Then, a concentration on foreign supply ig- not going effectively to address this threat.’’ Well said, Senator, and well proposed. would say to my colleague from Ari- nores that Americans have done no better zona, in response to his question, that cleaning up trafficking networks in this Mr. DODD. Mr. President, let me just maybe we ought to think anew. That is country than others, including Latins, have emphasize, if I can, that I don’t nec- done with the networks abroad. The certifi- what this amendment does, without re- essarily agree with all of the conclu- pealing the certification process but cation policy, imperiously penalizing for- sions in these editorials. Some have eigners not just for their lapses but for the merely suspending it for a couple of United States’ own, ignores this evident fact. suggested repeal. There is a part of me years to see if we can’t come up with a Mexico provides a particular reason to re- that finds that appealing. But I am not better idea. view American drug policy. Its corruption is sure what we are going to offer over Mr. MCCAIN. If the Senator from unquestionably responsible for some part of the next 2 years is necessarily going to Connecticut will yield for a further the flow of illegal drugs. But Mexico is also work either. I don’t have any absolute question, isn’t there an enormous in- a country now making an immense effort to certainty of guarantees that what we undo the political distortions that lie behind consistency, and, in fact, a lack of offer as an alternative will work. But I credibility in this decertification proc- much of the corruption. By looking for coop- think all of us can agree that suspen- erative ways on drugs, the United States ess when we are faced with a situation tackles a hemispheric menace and encour- sion for a couple of years, as General where the President of the United ages Mexican democracy at the same time. McCaffrey has suggested, to try the States in the one case of Colombia de- cover the dynamic here is worth the ef- certifies Colombia as not being cooper- [From the Miami Herald, July 7, 1997] fort and worth a try. ative in the war on drugs—which is a NOW, THAT’SA RESOLUTION This doesn’t mean you are less strong country, as we all know, with incred- Sometimes, even if rarely, legislation or less outraged or less concerned ible chaos and an anarchy that exists makes such eminent good sense that you about what is happening to narcotics in that country—and at the same time wonder why it wasn’t proposed sooner. On trafficking. Quite the contrary. I think certificates Mexico largely on the point is a U.S. Senate resolution with a most those who support this recognize that grounds not that you could make the reasonable response to the scourge of illicit we are trying to get a better handle on argument that Mexico has been cooper- drugs. The resolution not only suggests that this to see if we can’t have better an- the United States attack domestic demand ative in the case of drugs, but there are as well as supply, but that it work with swers because the current process is certain economic interests and other other nations to draft a cooperative ‘‘battle not working. We need a better idea. interests that we have in Mexico which plan’’ to defeat the illegal-drugs trade on Hopefully people of good intention, almost compel the President of the every front. good will, and putting their shoulders United States to not decertify Mexico This commendable proposal was intro- to the wheel in this country and else- under the same criteria that basically duced the other day by Sens. Christopher where can come up with some better the President used to decertify Colom- Dodd, D-Conn., and John McCain, R-Ariz. ideas over the next 2 years and really bia, thereby revealing a significant The only shame was that, coming in the begin to make some headway in this ef- flaw in this entire process and reveal- midst of furious budget wrangling and just before the Fourth of July holiday there was fort. ing a lack of credibility as far as adher- no time for its discussion and passage. Mr. President, I urge the adoption of ence to the criteria that was supposed The resolution would suspend for two years this amendment. to be set up under the conditions for the cumbersome certification process that Mr. MCCAIN. Mr. President, will the certification or decertification? Congress foisted on the president in the first Senator yield for a question? Mr. DODD. In response to my col- place. By law the White House is required Mr. DODD. I gladly yield to my col- league’s questions, I would agree with each year to pass judgment on the drug-curb- league from Arizona. him. That is one of the problems with ing efforts of nations that serve as major Mr. MCCAIN. Does the Senator from this. It is so uneven in its application, narcotics producers or transit points. Coun- Connecticut believe that in the past 5 and as such one might argue that the tries that do not pass muster are decertified, years that we have been winning the obliging the United States to cut certain aid effectiveness of it is thereby debilitat- and oppose international loans. Other, more- war on drugs? Does it indicate to him ing—that, if we are going to certify drastic sanctions also are authorized. that perhaps the price of drugs in the some, and waive others where the prob- Not surprisingly, both certified allies and streets of Hartford, CT, and Phoenix, lem arguably is the same, although one decertified pariah states have taken um- AZ, is lower than it was 5 years ago? might make a case that there are var- brage at this unilateral finger-pointing by Has the Senator from Connecticut seen ious efforts in certain countries, I the world’s largest consumer of illegal nar- any meaningful gain in the war on think you end up with the kind of situ- cotics. What right has the pot to call the drugs as a result of this recertification ation we are in today where the desire kettle black? The whole certification sham policy? for cooperation and the efforts of co- even blew up on itself in March after Presi- dent Clinton decertified Colombia, which had I have several other questions that I operation have been severely curtailed recently stepped up anti-narcotics efforts, would like to ask. as a result of it. while certifying Mexico, through which are Mr. DODD. Mr. President, in response So even if you are trying to send a thought to come as much as 80 percent of the to my colleague’s questions, I would message here, it gets lost in the proc- illegal drugs entering the United States. say, First, the price of drugs is lower ess. I note in the case of Colombia— S7566 CONGRESSIONAL RECORD — SENATE July 16, 1997 which is certainly a major source coun- Mr. DODD. I say, in my response to all of our adult lives, the Senator from try problem without any question the questions, the Senator is abso- Connecticut and I. whatsoever—but I pointed out, as I lutely correct. He stated it very well. And I also want to ask, in addition, is know my colleague from Arizona has And that certainly was the evidence of- the Senator from Connecticut aware of from time to time, that this has para- fered by General McCaffrey and others the White House letter dated July 16, lyzed the country of Colombia. Many whose business it is on a daily basis to signed by Samuel Berger, Assistant to may recall that a number of years ago monitor these events—and he sug- the President for National Security Af- the entire supreme court of that coun- gested to us that, if cooperation is fairs: try was assassinated. One attorney what we are seeking, the vehicle we I am writing to express the support of the general after the other, the chief pros- have been using is not having the de- administration for the amendment that you ecutor, all of these people have been as- sired effect despite again the good in- and Senator DODD are proposing. We believe sassinated. Presidential candidates get tentions of those who sought this proc- your amendment would allow the adminis- assassinated. One might argue that ess. tration to develop and implement a new mul- they are paying an awful price in that I say to my colleague from Arizona, tilateral strategy to stem the flow of illegal narcotics. We believe the passage of this nation. in response to his question, that the If we decertify, we lose any kind of amendment will lead to a more effective genesis of the certification process multilateral effort in the war against drugs. cooperation in terms of what we ought dates back to a time when I think And also, is the Senator from Con- to be trying to seek there. In the case there was bipartisan frustration over necticut, who I know shares my pro- of Mexico, as my colleague has pointed whether or not there was enough atten- found respect and appreciation for Gen- out—he certainly knows Mexico as well tion being paid at the executive branch eral McCaffrey and the job he is doing as any Member of this body—there are level in terms of the drug-related issue. and the responsibilities, enormous re- serious problems there and well docu- So a certification process was put in sponsibilities, we have placed on Gen- mented. Yet, both of us are aware of place. eral McCaffrey and the universal re- the fact that there are serious eco- I think most would argue today that spect and admiration in which he is nomic implications. So we send a sig- however true those feelings may have held, aware of a letter he wrote also on nal of waiving and apply a different been over a decade ago that over the July 16, in which he says: standard, and that message is not just last number of years there has been a heard in both Colombia and Mexico, it heightened degree of involvement on Wanted to confirm that the Administra- resonates throughout this hemisphere. tion supports the Dodd-McCain legislation the part of the executive branch—wit- on international drug cooperation. Believe Again, my colleague from Arizona ness, of course, General McCaffrey, your thinking supports U.S. drug policy by spends a great deal of time on hemi- whom we all respect—doing the best recommending a mechanism that would spheric issues. He has heard what I they can. It is their conclusion, as well allow us to make fundamental improvements have heard over and over again; this is as my colleague from Arizona, as he in the way we cooperate with major drug not helping at all. There are other pointed out, that this is counter- producing and transit countries. At a mini- countries involved. We have launder- productive. mum, your bill promises to remove a major ing, transit countries, other countries I might point out, that the elections cause of foreign policy friction especially producing, and, frankly, this effort of that recently took place in Mexico with Latin American and Caribbean coun- tries. Timing for consideration of new ideas cooperation is just collapsing in our were historic. I think my colleague and is fortunate because of the upcoming Sum- midst. I would agree on this. It looks as close mit of the Americas and heightened interest So this has not worked. to a democratic and corruption-free in multilateral counter-drug cooperation fol- Mr. MCCAIN. If the Senator will election as probably has been held in lowing the President’s travel to Mexico and yield for a further question which his Mexico. You have new members of the Central America. response led to, isn’t it true that there national legislature, and hopefully a ONDCP is prepared to lead an interagency was a question that the administration new beginning in many ways here. It task force to develop a new strategy. had asked itself in this process: What seems to me that our efforts here By the way, I ask my friend, is it not would be the effect in Mexico of a de- might do a lot to get that kind of co- true that we need a new strategy? That certification of Mexico, a country that operation out of new members of the is the whole point here of this legisla- is uncertain if not fragile and in transi- Mexican Government—the legislative tion. I do not know how anyone could tion to democracy? There is always a branch, along with President Zedillo, argue that the present strategy has certain latent anti-Americanism in who, I think all of us would agree, has succeeded. Mexico. I will not waste the time of the certainly been most cooperative in this Although we would want to explore a num- Senate or my knowledgeable friend’s effort. ber of options, elements of a new strategy time in depicting the causes for that. So I agree with my colleague. might involve increased use of multilateral And one of the greatest challenges that Mr. MCCAIN. If the Senator will mechanisms and international organizations we face, I ask my friend from Connecti- yield for a further question, isn’t it such as the OAS. We might also consider ex- cut, is getting the cooperation of the also true that we will hear objections pansion of ad hoc arrangements for in-depth bilateral counter-drug cooperation with Mexicans. And, yet, isn’t it also true to this amendment? And some of those countries of particular interest such as Mex- that General McCaffrey would testify objections will be based on the lack of ico. The Department of State and ONDCP that despite all of the problems that cooperation that we have received from are already formulating plans for a fall con- are there, despite the corruption, there Mexico in fighting the war on drugs, ference to develop new thinking along the has been an attempt on the part of the something I believe the Senator from lines of your proposal. Mexicans to arrest their drug czar, Connecticut and I would be the first to Respectfully, Barry R. McCaffrey. General McCaffrey’s counterpart in acknowledge—along with the fact that I ask the Senator from Connecticut, Mexico, and other actions that have the resolution of the Senator from Con- would it not be appropriate that we been taken by the Mexicans because of necticut a few days ago put the Senate should view the opinions of the Presi- their recognition of the threat that on record in praising the Mexican Gov- dent’s national security adviser and drugs pose to their very national exist- ernment, by a unanimous recorded vote the drug czar very seriously when we ence; and, that, if we had decertified here in the Senate, for their efforts of take into consideration this legisla- Mexico in the last decisionmaking transition to a free and democratic tion? process that the President took, there form of government for the first time Mr. DODD. Mr. President, it would. I is the opinion in the view of many that since the revolution. urge my colleague at the appropriate would have harmed relations and the I ask the Senator from Connecticut if time to ask unanimous consent that cooperation that we are receiving he would not believe at this time these letters be a part of the RECORD. I would have been lessened rather than whether it would not be most inappro- thank General McCaffrey for his letter increased thereby inhibiting our abil- priate for the United States to be on and Sandy Berger for his letter. ity to win the war on drugs and a record as condemning Mexico, at a Again, they state it very well. My demotivated factor in helping getting time when we are seeing the progress colleague from Arizona has stated it them to cooperate with us? that we have been urging for, in fact, well. We offer this suspension—and, July 16, 1997 CONGRESSIONAL RECORD — SENATE S7567 again, I want to emphasize ‘‘suspen- Mexico postsummit and what has not this kind. So I am not sorry we have sion,’’ Mr. President—for 2 years of the happened. this process. I think it focuses our ef- present law, not a repeal. There are This debate is really about whether forts, and, even when it bruises feelings some who would like to repeal it, and I we should give foreign aid and support of other nations, it ultimately pro- might be counted among those, but I development loans to other nations duces more cooperation, not less. respect the fact that a suspension is with no strings attached even if we Now, let us for a moment look at Co- the best way to go at this point. know that the leaders and government lombia, a country which we did decer- But our colleague from Arizona of the country do nothing to assist in tify 2 years ago. The evidence is clear. states it well. The present system is stopping the flow of drugs to the Unit- When we decertified Colombia, the re- broken. It is not working. We need ed States. action was initially very harsh, and some new, fresh efforts here. And with I think we need to clear up a major then, very quickly, Colombian coopera- the commitment of General McCaffrey misconception about the debate here tion began to improve. here saying to us, look, my office is today on the drug certification process. Colombian officials came to my of- prepared to lead an interagency task This is not a debate about whether fice just a month or so ago, and here is force to develop a new strategy. His drug certification is a process that what they told me: In the last year, Co- letter to us today, I think it says it all. hurts our relations with our allies in lombia has fumigated 20,000 hectares of What better way to get started, if you the hemisphere because we sit and pass cocoa, the most ever; destroyed 800 will, than to have a clean slate for a judgment on other nations. This is a drug laboratories; began working with couple of years to allow General debate about foreign assistance and the United States to develop a radar McCaffrey and his team to go forward under what circumstances the United system to allow the government to se- and try to do that without repealing States should offer assistance to other cure control of all Colombian airspace, the law of certification but merely sus- nations. With the exception of humani- an air control system that allowed pending it. tarian assistance, the United States them to force down approximately 50 You are going to get a lot more co- provides foreign assistance not only be- small drug-runner planes—force down operation, it seems to me, with a sus- cause America has a great and good 50 small drug-runner planes—which pension for 2 years and trying to bring tradition of assisting other states, but would have otherwise evaded Colom- these countries in than there will be if because we want to encourage certain bian air traffic control. we gather as we do annually and go types of behavior—because we want co- They have begun working with the through this process, as our colleague operation on political, security, or eco- U.S. Coast Guard to develop strategies from Arizona pointed out here, again nomic policy. for intercepting narcotics traffickers on the certification. We are out here The distinguished manager of the at sea; they have passed tough new debating 11th-hour negotiations on bill, Senator MCCONNELL, has said it laws on asset forfeiture for narco-traf- waivers, all efforts to try to avoid a ca- very well today again and again. He fickers, and they are implementing tastrophe, and once again find our- said, ‘‘Foreign aid is not an entitle- them; they have arrested and convicted selves in a mess with certification ment program. Just because you re- at least 5 politicians I know of, and in- practices and no advance strategy to ceived it last year does not mean you carcerated them for taking money into deal with this issue. I am grateful to should receive it this year. You have to their campaign funds from narco-traf- the Senator from Arizona, the adminis- earn it.’’ fickers; they have passed tough new tration and General McCaffrey for this A nation that does not fully cooper- penalties increasing sentences by 4 and effort. ate with our efforts to keep drugs from 10 times for drug-related offenses; and I think this is a good, bipartisan ef- reaching our schools and our children they have instituted aggressive new fort, Mr. President, to come up with a has not earned the right to receive for- proceedings against the Cali and new dynamic, and I thank again my eign assistance from the United States. Medellin cartel leaders. The Medellin colleague for his support and leader- We are not obligated to provide assist- cartel leaders are all in prison. The ship on this effort. ance. We provide this assistance be- cartel is no more. And the Cali cartel is Mrs. FEINSTEIN addressed the cause it is in our interest to do so, be- in the process of disintegrating. Chair. cause it encourages behavior and poli- Does anyone honestly believe that The PRESIDING OFFICER. The cies which we support. Before we pro- Colombia would have taken these steps Chair recognizes the Senator from vide money, we have every right to ex- in this fashion if it had not been for the California. pect that we will get cooperation from U.S. drug certification process? I think Mrs. FEINSTEIN. I thank the Chair. those nations to which we provide it. not. And as a matter of fact, I am of I rise in strong opposition, and I hope Indeed, we have a duty to our constitu- the view that if this continues, Colom- it will be robust opposition, to the ents not to send their tax dollars to a bia should be recertified, and we should Dodd-McCain amendment, which would country if it is undermining our say thank you for working on this gut the narcotics certification process counternarcotics effort. That, in fact, problem in the way in which you have. and replace it with absolutely nothing. is why we have the certification proc- Before Colombia was decertified, the Mr. President, I just heard the distin- ess as an instrument for cooperation— powers of the cocaine cartels grew. The guished Senator say ‘‘trust General not because we want or enjoy the op- number of hectares planted with coca McCaffrey.’’ With all due respect to portunity to sit in judgment on other grew. The corruption in the Colombian General McCaffrey, this is such a vola- nations. It is not a policy for faint judicial and political systems grew. tile and unpredictable area that it is hearts. I admit that. It is not about But when the United States said impossible to know what to believe. It rating who we like or who we do not ‘‘enough’’ and decertified Colombia, all is understandable that General McCaf- like. It is not about saying you are of a sudden the Colombian Government frey could stand before the world and good and you are bad. did an aboutface. I think that this ex- say, ‘‘I trust General Gutierrez The current certification process ample can affect other nations as well. Rebollo. He is an honest man.’’ may not be perfect, but it accomplishes Unfortunately, much of the trafficking Whoops. The next thing we know, he something very important. Once a year and the transportation of drugs has is on the take. My goodness, how can it focuses the attention of our execu- moved to Mexico, and this is the next you gut a process and replace it with tive branch and of other nations whose frontier of the battle. nothing except trust when we have al- cooperation we need on what is perhaps Now, let’s compare the situation in ready found that trust to be wanting. the most crucial national security Colombia today with that in Mexico Now, let me say for a moment, I want issue this country faces. today post-summit, post-Presidential to divide my remarks into three parts. If anyone had to ask me what is visit to Mexico. Still, not a single ex- The first is foreign assistance and who America’s No. 1 national security tradition of a Mexican national on drug should get foreign assistance as a prod- threat, I would say drugs, drugs, drugs. charges. I say on drug charges. On uct of this amendment. The second is a There is no other. It is my firm belief other charges perhaps. Despite all of certification process and what it has that without the drug certification the debate last year, despite the eco- actually done in Colombia. The third is process, we would have no debate of nomic summit, not a single extradition S7568 CONGRESSIONAL RECORD — SENATE July 16, 1997 of a Mexican national wanted in this traffickers, has said repeatedly that covered,’’ then I know we have some- country for drug charges has been car- drug trafficking is the No. 1 threat to thing going on on the streets, as they ried out by the Mexican Government. Mexico’s national security. Well, either say. So, that is what I am looking for. There are continued restrictions on it is or it isn’t. If it’s such a grave When I see Mexico say, ‘‘Here are the the operations of United States drug threat to Mexico’s national security, cartel leaders, we are going to bring enforcement agents in Mexico. Even they should cooperate with us in their them to trial, we are going to bust the when working in cooperation with own interests, not because we make de- cartels,’’ then I know we have some- their Mexican counterparts they still mands. Extradite drug pushers, allow thing going. cannot protect themselves if they are U.S. Coast Guard ships to refuel, allow So, until then, to do away with the working on the other side of the bor- DEA agents working the other side of certification process, I think, is to say der. They still are not allowed to carry the border to carry firearms to protect to the people of the United States, ‘‘We weapons. Coast Guard ships in pursuit themselves. I believe we have every le- are going to do nothing for the next 3 of trafficking vessels on the sea still gitimate reason to make clear we will years.’’ I, for one, am not going to be need to give Mexico 30 days’ notice be- not accept anything less than full co- party to that policy. fore putting into port to refuel. There operation. Mr. President, I ask unanimous con- are no air or maritime agreements to The whole issue is an issue right now, sent to have printed in the RECORD a forge a joint approach for interdiction precisely, I believe, because the admin- letter signed by Senator GRASSLEY, of narco-trafficking. There is still mas- istration was not honest in the certifi- Senator COVERDELL, Senator sive corruption at all levels of the gov- cation process in dealing with Mexico. TORRICELLI, Senator JOHN KERRY, and ernment, law enforcement and the As much as I, too, would like to see a myself, and I yield the floor. military, prosecutors killed, judges more flexible certification process, the There being no objection, the letter murdered, and, most recently, the plas- situation with Mexico, for me, under- was ordered to be printed in the tic surgeon that did the surgery on scores exactly why we need a certifi- RECORD, as follows: Amado Carrillo-Fuentes has report- cation process. U.S. SENATE, edly—I cannot verify it, but report- I come from a State that is perhaps Washington, DC, July 16, 1997. edly—disappeared. the most impacted State in the Union Vote ‘‘no’’ on the Dodd-McCain amendment Drug cartels are running rampant in with these drugs. Yes, cocaine prices to end narcotic certification. Mexico. Corruption along the U.S. bor- have dropped on the streets of Los An- DEAR COLLEAGUE: We write to urge you to der—and I will speak for California— geles in the last 5 years. It is not be- join us in opposing the Dodd-McCain amend- has never been worse, never been cause of a certification process. It is ment on narcotics certification. This amend- worse. The cartels are now controlling because we have not had the guts to do ment would dramatically weaken the United States’ ability to gain cooperation from street gangs in Los Angeles, and this is what we should have done and decer- other nations in the war against inter- where I stand up and say ‘‘I have had tify Mexico. I believe that’s the reason. national narcotics trafficking. enough.’’ To replace a policy which may come to The Dodd-McCain amendment would effec- My distinguished colleague and some fruition this next year with noth- tively end the narcotics certification process friend from Connecticut read from a ing is wrong. and replace it with . . . nothing! number of editorials. You know, I I agree with the idea of a commis- The Dodd-McCain amendment would tell judge stories by the by-line. There is a sion. I am happy to have commissions. other nations that we will provide them for- eign assistance with no strings attached, reporter whom I respect very much. I learned when I was mayor, if you even if they do nothing to assist stopping the His name is Marcus Stern. He writes didn’t know what to do, appoint a com- flow of drugs to the United States. for the San Diego Union Tribune. This mittee. Better still, appoint a commis- The Dodd-McCain amendment would in- is a headline on the 12th of this month, sion. stantaneously deprive the United States of ‘‘Drugs still flown over the border, say But I know what to do. We have to the leverage we have used successfully to agents.’’ Let me quote from part of this stop those overflights. We have to see gain greater anti-narcotics cooperation from article: that the border is enforced. We have to many nations, including Colombia, following press for cooperation. We have to have its decertification two years ago. But a dozen military and civilian officials The Dodd-McCain amendment would send a directly involved with the counter-drug ef- extradition for those for whom there is signal to our friends and partners—and to fort along the California-Mexico border said a bona fide American arrest subpoena the drug lords—that the United States is not in interviews during recent weeks that the or warrant who traffic in narcotics. serious about combating narcotics. skies in San Diego and Imperial counties are So, I am not prepared to vote for an The Dodd-McCain amendment calls for a largely out of control and are still being amendment that leaves us with no plan task force on international narcotics control heavily used by drug traffickers. and an international summit to develop a It’s pretty much wide open *** but simply takes Mexico off the hook: No evaluation this fall, no ability to multilateral strategy—which are laudable * * * * * read the September 1 report presented goals—but it would unnecessarily gut one of But the antidrug officials interviewed in the central tools in our current narcotics recent weeks said military observation posts by the administration and make a deci- control strategy, without specifying what deployed along the border are spotting a sion as to whether there has or has not will replace it. half-dozen planes a week flying into Imperial been any progress, then wait 2 or 3 The influx of illegal narcotics is perhaps County alone. The planes are flying low at years for this undefined, ephemeral the gravest national security threat facing dusk with their lights out, the officials said. ‘‘something.’’ the United States today. In order to effec- This is happening every day on the Respectfully, I can’t turn around and tively combat this threat, the United States border. It is the wrong time to do gut just depend on trust when another na- needs to work with our friends and partners in the Western Hemisphere to interdict this the certification process. The adminis- tion’s leading anti-drug official turns massive flow of drugs and to arrest and pun- tration has agreed to give us a report out to be on the take. What’s wrong ish the drug lords. on September 1 on progress made by with our intelligence? How can that But when we do not receive the full co- Mexico. That is pursuant to our Sen- happen? We don’t question it even. How operation of other nations in these efforts, ate-passed resolution. I, for one, am ea- can that happen? It did. And that, I be- we must be able to act to let them know that gerly awaiting it, to see what progress lieve, typifies our drug policy with they must do more. That is why we have the has been made. At this stage, I know of Mexico. Frankly, it has been one of drug certification process. We urge you to spin. I, for one, am not going to buy oppose the Dodd-McCain amendment. no real progress that has been made. Sincerely, The sponsors of this amendment the spin. I want to see the results on DIANNE FEINSTEIN. argue that Mexico fails to cooperate the street. CHARLES E. GRASSLEY. because of the certification process. When cocaine prices on the street JOHN KERRY. They argue that Mexican pride and na- corners of Los Angeles rise, I know PAUL COVERDELL. tionalism make it difficult to appear to something has happened. When I pick ROBERT G. TORICELLI. respond to American threats. That’s up this newspaper and, instead of see- The PRESIDING OFFICER (Mr. nonsense. It is baloney. ing ‘‘Drugs still flown over the border,’’ ABRAHAM). The Senator from Iowa. President Zedillo, whom we all be- I see ‘‘Five Planes Downed, Pilot, Copi- Mr. GRASSLEY. I want to make it lieve is committed to fighting the drug lot Arrested, Two Tons of Cocaine Re- clear I disagree with the Dodd-McCain July 16, 1997 CONGRESSIONAL RECORD — SENATE S7569 amendment. We have been focusing in We have passed legislation to hold making authorities to override the this debate on the necessity and the countries responsible for violating in- President if it does not accept his de- impact of the certification process on tellectual property rights. Do we ex- termination. foreign countries as if the only purpose pect this legislation to end all pirating It is hardly outrageous, Mr. Presi- of this was to put pressure on foreign of books or CD’s? Or do we expect to dent, that we expect other countries to countries. That probably is the pri- have the means available to us to re- abide by laws and by commitments, mary purpose and maybe the only one spond to all counterfeiting, to send a international and otherwise, made by we talk about. But, as well, I would message about what the standard is those countries. It is hardly unfair to like to suggest that we have a situa- that we believe that we need to uphold? expect an assessment of these efforts. tion where this process keeps our own I think everyone knows the answer. It is not unrealistic to expect that we Government decisionmakers respon- Why are we seeking to establish some will take appropriate responses if mini- sible. In other words, through this cer- sort of different standard for drugs? It mal standards are not met, and we are tification process, we are causing them seems to me in the case of terrorism we perfectly within our right to decide not to make an annual judgment of wheth- say terrorism is wrong, we pass laws to continue our support. That support, er or not our process of interdiction in against it, we fully expect to enforce after all, is not an entitlement, and it other parts of the world on drugs is ac- them in every way we can in an effort is not beyond the pale that we ask for tually working and effective. I think to end terrorism. We may not actually an accounting. that is a very important purpose of our end terrorism, but it is a standard. So Certification has been around for process, to make our own elected and the certification process is not about about 10 years. As with other cases, the appointed government public officials the ultimate end to drug production or longer the requirement has been on the take care to look at the process, look trafficking. Our law will not end that books and the more Congress has in- at whether the policies are working, to any more than any of these other laws sisted that it be taken seriously, the assess those policies, maybe to suggest that I have mentioned will end the more used and useful the process has changes in those policies—maybe even problems that they address. The intent become. The process has gathered mo- in basic law—but, also, to make a judg- is to establish needed standards, to set mentum. Last year, in fact, I asked the ment of whether or not they are effec- the terms of reference for what doing Congressional Research Service to re- tively carrying out the laws the way something meaningful looks like, and view the merits of the certification intended. process. That review, which is still I find the assumptions upon which to take appropriate action when this the Dodd-McCain amendment is based does not happen. available, makes clear how the certifi- to be wrong. I believe what it rep- Some, however, seem to want to hold cation process has matured and proved resents is a moving away from a seri- drug certification to an impossible effective. In that review, a former sen- ous standard of dealing with the drug standard of judgment. The argument ior State Department official and am- problem. I believe it gives other coun- made is that certification does not bassador makes the point that the cer- tries a bye on taking drugs seriously. I work. In fact, certification is doing ex- tification process works. Other coun- believe it lets the U.S. administration actly what Congress intended. It forces tries take it seriously. He rec- off the hook. So I urge my colleagues the U.S. administration at least once a ommended keeping it. to join me in voting against this year to take international drug policy Not only has the standard been ap- amendment. If anything, we should be seriously. It also requires them to ac- plied with more rigor, it has also en- discussing measures to strengthen the count for their actions to the Congress. couraged greater cooperation from cer- process. It is a process that has served I can appreciate that the administra- tified countries. All in all, more coun- us well. tion may not like having to make all tries now take as a given that drug We have had a letter by the present these very tough decisions. But we control must be an important element drug czar quoted on the floor of the must hold this President and future in their thinking. This was not always Senate as supporting this amendment. Presidents, as we have held past Presi- the case. It is why Congress required I would like to suggest to you that I dents, accountable for this process. certification in the first place. The have had an opportunity to visit with Certification also forces other coun- need has not changed. If anything, the another drug czar—former drug czar tries to do the same thing. Now, what need is greater today. now—Bill Bennett. He was a very good about those other countries? These are I want to make one final point. Some drug czar. He was a drug czar when countries that are major drug produc- have argued that we must not continue policies were working. He speaks very ers or transiting countries for illegal the certification process in regard to strongly in support of the present cer- drugs. A goodly percentage of those Mexico because it might damage the tification process and, consequently, drugs are then smuggled into our coun- evolution of democracy there. While I would urge our vote against the sug- try. These activities are illegal under agree that we must support democracy gestions of Senator DODD and Senator international law and even under the in Mexico, we must not end up support- MCCAIN. laws of the countries from which the ing a narcodemocracy there. A recent It is argued by the proponents that drugs come. New York Times piece by Tim Golden the certification process does not work. In any case, these same countries makes it clear just what the problems No evidence is offered for this view. It have bilateral agreements with the we and the Mexicans face from their is simply asserted. But what does United States committing them to drug traffickers because of their influ- ‘‘working’’ look like? I would like to take steps to stop drug trafficking and ence within the country of Mexico. ask a question in a different context to production. In addition, many of these Their strength and influence is all the make this very point. Just recently we countries receive U.S. assistance, that more reason why we must not back passed legislation putting more teeth is money and support, to combat ille- away from certification. into the sanctions for countries that gal drug trafficking. Although it can be a painful process, support international terrorism. Do we What does certification do then? It it forces both countries and their gov- believe that passing such laws will end asks that these countries take serious ernments to examine their situations. international terrorism forever? Or do steps to meet their obligations under Sometimes the role of a friend is to de- we believe that we need to have meas- international law, under local law, and liver bad news. Nor do we become the ures in place to ensure appropriate under these bilateral agreements. It friend of democracy in Mexico by shy- means are available to us, means that asks the administration to report to ing away from our duty to the Amer- will help us uphold U.S. interests and Congress on whether countries are ican people. As long as Mexico remains international standards of conduct? I doing this. It sets measures for deter- a major producing and transiting coun- do not think anyone here believes that mining what cooperation looks like. If, try, as long as Mexican authorities our laws will necessarily end terrorism in the judgment of the administration, cannot or will not take adequate steps as we know it. That is not the intent. the country does not meet these stand- to control corruption, we cannot afford The intent is to set a standard that ter- ards, then it proposes limited sanc- to ignore what happens in Mexico. rorism is wrong and that we are going tions. It also provides a means for Con- With these thoughts in mind, I ask to fight terrorism wherever we can. gress to exercise its foreign policy- you to vote against the Dodd-McCain S7570 CONGRESSIONAL RECORD — SENATE July 16, 1997 amendment. But in addition, we were of their intent, but where I am equally agreement again on the very thing we told again, referring to a letter from as convinced that the effect of what agreed on, presumably, a number of General McCaffrey, the President’s they are doing, the effect of this years ago. What are the things we drug czar, about his support for this amendment will be to take a serious agreed on in this convention that we amendment. step backward in whatever level of war have already signed? I refer, in closing, to the March 1997 on drugs you want to determine exists. Let me give you one example. Here is report from the U.S. Department of I do not believe that that is anything one called extradition. Each of the of- State, Bureau of International Narcot- but an inescapable conclusion based on fenses to which this article applies ics and Law Enforcement Affairs, the a number of different realities: based shall be deemed to be included as an International Narcotics Control Strat- on what countries are doing today be- extraditable offense in any extradition egy Report. This is an annual report, cause of the certification process, treaty existing between the parties. and on page 6, it speaks about the cer- based on the choices available to the We have an extradition treaty with tification process. The last paragraph President within the certification proc- Mexico. It is an agreement as part of says: ‘‘The process works.’’ This is a ess and, most important, based on what the 1990 accord. We already ratified it. document that has been approved by they are proposing, as opposed to the We signed it. They signed it. But they every Government agency that has road that we have already traveled. don’t do it. So what is the response? something to do with the war on drugs. What do I mean by that? Mr. Presi- The response is to come to the floor It says, after ‘‘The process works’’: dent, the Senator from Arizona and the and say, ‘‘Oh, gosh, these countries get The certification process has proved to be Senator from Connecticut are propos- really upset because we try to hold a remarkably effective diplomatic instru- ing that we just chuck the certification them to the standard they said they ment for keeping all governments aware of process for a 2-year period, a suspen- would live by, so we better pull back the need to pull their weight in the inter- sion they call it, while we gather a because they don’t like the fact that national antidrug effort. task force and ultimately, hopefully, a we want to hold them to their word, I ask unanimous consent that the summit. Who will attend the summit is and we’re going to go talk about what rest of the paragraph be printed in the totally up for grabs. Who will appoint a we might do in order to, once again, RECORD. task force is totally up for grabs. But I get them to do what they already said There being no objection, the mate- ask every Senator here who has trav- they would do.’’ rial was ordered to be printed in the eled the journey of drug fighting over It is the most incredible thing I have RECORD, as follows: the last years to ask themselves if ever heard. Of course, they don’t like By now, most governments are aware that what they need is another task force the certification process, because it US law requires the President to provide an when, in fact, everything that we are works. This is not a stale annual event. annual assessment of counternarcotics per- asking other nations to do is part of an formance. And most know that the outcome It is anything but stale. It is working, international convention today. and it is working, Mr. President, be- of that assessment depends heavily on their The certification process is not some efforts throughout the year. The drug certifi- cause we have taken it seriously. cation process holds them publicly respon- American-dreamed up notion of taking Senator GRASSLEY just quoted the sible for their actions before their inter- an American standard and asking Mex- International Narcotics Control Strat- national peers. Though many governments ico or some other country to live up to egy Report of the United States of understandably resent the process, most gov- the American standard. We are asking America, this year, this March, 1997. ernments try to ensure that they receive full countries to live up to the standard This is what our State Department certification the following year. They know that they have signed, that they have that the President of the United States said only a few months ago: agreed to live up to already, that they The certification process has proved to be would not make such a serious determina- already got together on at a global tion without sound, objective evidence. The a remarkably effective diplomatic instru- purpose of the law is not to punish; it is to summit under the United Nations and ment for keeping all governments aware of hold every country to a minimum acceptable agreed would be the standard of their the need to pull their weight in the inter- standard of cooperation, either by meeting behavior. That is what this is all national antidrug effort. By now, most gov- the goals and objectives of the 1988 UN Drug about. ernments are aware that U.S. law requires Convention or by their own efforts. We be- If the Senate wants to come here the President to provide an annual assess- lieve that openness is one of the best safe- today and vote to say that they can ment. . . guards against corruption. Most govern- better the Vienna Convention, the And so on. ments also recognize that we are not asking United Nations Convention Against Il- ‘‘Proved to be remarkably effective.’’ any country to do the impossible. By regular This is Mexico driven, because we had and sustained collaboration throughout the licit Traffic in Narcotics Drugs and year we work with most of the governments Psychotropic Substances, then I would a difficult time, frankly, because many concerned to establish realistic goals for cer- like to know how. of us thought that the administration tification purposes. We know that some gov- The countries that have already made the wrong decision. They could ernments face greater obstacles than others signed the international agreement are have certified Mexico with a waiver, and we take that into account. the very countries about whom today and that would have permitted Mexico Mr. GRASSLEY. Mr. President, in we are making a judgment about to continue to get its aid because, as a conclusion, when we are being read let- whether or not they are cooperating: matter of national security interests, ters and saying how the administration Afghanistan, Antigua and Barbuda, Ba- most of us thought it should, but we supports this, remember that every hamas, Bolivia, Colombia, Ecuador, also knew there were problems in co- agency within the Federal Government Haiti, Panama, Paraguay, Nigeria, operation. that had to review this process in Mexico, the Russian Federation, Syria Mr. President, if my colleagues be- March of this year said the process —they are all signatories. They already lieve that the next step in the drug war works. I yield the floor. came together. They already signed an is to come to the floor and take 2 years Mr. KERRY addressed the Chair. agreement. They said they would be- to go through some kind of task force The PRESIDING OFFICER. The Sen- have by a different standard, and all we effort to dream up some better way of ator from Massachusetts. are doing in the certification process is holding these countries accountable, I Mr. KERRY. Mr. President, I ask my saying we are going to make a judg- would be amazed if there is any re- colleagues to step back carefully and ment about whether or not the tax- sponse from those other countries ex- to analyze, as closely as possible, the payer dollars of U.S. citizens ought to cept continued delay, obfuscation. If realities that surround this question of go to a country that signed an inter- they want our money and they are certification. Two of the more capable national agreement, said it would do X, willing to do something to get our and knowledgeable Senators with re- Y, and Z, but isn’t doing it. money, but we take away that whole spect to international affairs—and I re- What are we being offered instead? requirement, what is going to leverage spect both of them enormously—are Instead, we are being offered the notion that cooperation? More talk? More bringing this amendment to the floor. that we are going to chuck the process good wishes? More signatures on a On most issues, we agree. This is one of certification so we can take a couple piece of paper that they have already where I am convinced of the bona fides of years to meet again and come to signed? July 16, 1997 CONGRESSIONAL RECORD — SENATE S7571 Let me share with my colleagues process in place that created account- I will tell you, I sensed no great over- some of the things that they have al- ability for the first time. powering conviction that this is the ready said they would agree to do. Another example. Jamaica. The Ja- right step to take, notwithstanding the They would agree to promote co- maican Government was particularly letter that he has written. operation among the parties so they slow to pass money-laundering legisla- In addition to that, I believe that may address more effectively the var- tion or to even ratify the very treaty this process is being foisted on the Sen- ious aspects of illicit traffic in narcotic that I just talked about. But as a result ate in a way that does not adequately drugs. of the demarches that we issued, and permit for alternative possibilities. I They will carry out their obligations using the leverage that existed in the am not suggesting the certification under this convention in a manner con- certification process, Jamaica specifi- process is the only way to proceed. I sistent with the principles of sovereign cally reversed that situation in 1995 am not suggesting that it is the best equality and territorial integrity. and 1996. thing in the world. I am not suggesting Each party shall adopt measures as Jamaica is now a party to the con- that it cannot be refined. may be necessary to establish as crimi- vention and has a new money-launder- What I am saying, Mr. President, is nal offenses the production, manufac- ing law. In 1995, the President gave that rather than just suspend it alto- ture, and so forth. Peru a national defense certification gether with some high hope that you There are still nations struggling to because their record was mixed. They are going to come back and somehow do that. had successful interdiction but they do what we have already done, we Each party is supposed to make the had no reduction in the coca crops. ought to at least leave it in place until commission of the offense established Since that time, the Government of we offer some concrete alternative or in this treaty subject to imprisonment Peru has implemented a strong coca re- put together a task force that works or other deprivation of liberty. duction, an alternative development while it is in place so we can continue They are supposed to ensure that program which has resulted in an 18 this process, and then if there is a le- their courts will have jurisdiction. percent reduction in the total of Peru- gitimate substitute, open our minds to They are supposed to ensure that they vian coca cultivation. So that worked substituting it. But what we are being trade evidence. They are supposed to as a result of the decertification proc- offered is a suspension with a hope that extradite. They are supposed to provide ess. some future photo opportunity or some mutual assistance and the transfer of What about Colombia which we heard future meeting will produce what evidence and people. They are supposed talk about? Colombia was decertified meetings heretofore have not been able to enter mutual legal assistance trea- in 1996 and 1997. It received a national to produce. ties. interest certification waiver in 1995. I say to my colleagues, that even in There are a whole bunch of things There is no question that the Colom- Mexico—even in Mexico—the possibil- here that we already agreed we are bians were very unhappy with the ity that we might have decertified going to do. And under the certifi- original decertification. Who would not them actually produced last-minute cation process, all we do is make a be? But the fact of the matter is, that steps in an effort to try to say, gee, we judgment as to whether or not they are when they were faced with the rami- really are cooperating. And so they dis- doing it and as to whether or not we fications of that decertification, the missed some 1,250 Federal law enforce- are going to give them continued Colombian Government’s law enforce- ment officers, they removed the drug American aid if they are not. ment efforts have improved ever since czar for narcocorruption in February, Mr. President, let me just share with then. you, our colleagues have come to the Key Cali syndicate leaders have been they passed the organized crime bill floor and they have said, ‘‘Gee-whiz, arrested, and there is the aerial eradi- and the criminalization of money laun- people are complaining. And this cation of coca and opium and poppy dering and chemical diversions, and doesn’t work.’’ But they have not which has improved. In addition to they reorganized Mexico’s whole anti- shown you how it does not work. There that, the longstanding constitutional drug structure. How can you say it is is no showing that this does not work. prohibition against the extradition of not even working in Mexico when the The fact that drugs still enter the Colombian nationals has now been re- fact is, that those steps were taken United States is more a reflection of opened in the form of legislation pre- precisely because the decertification our unwillingness to commit adequate sented by the Colombian Government process is in place? resources to drug treatment, to drug to the Colombian Congress. Let me em- I am not going to go through all of testing, to education, to alternatives phasize that. Colombia took away one them now, but while my colleagues for children, to police in the streets of the principal ingredients of the come here and talk about the discom- and all the things that would make international convention. The inter- fort that is created or talk about how more of a difference than it is to the national convention required people to uncomfortable it is for our relationship certification process. But the fact is, be able to extradite. Colombia wrote with these countries, you can look at that on the international front the cer- that in at the insistence, Mr. Presi- every single other country, and you tification process has worked. dent, of the cartel. How do we know will see progress that is being made as Let me be very specific about it. that? We know that because subse- a consequence of the existence of this In the Bahamas, effective quent raids uncovered documents that bill. You can see it in Panama. You can counternarcotics cooperation specifi- showed the cartel’s own drafting of the see it in Bolivia. You can see it in cally intensified with the implementa- constitutional amendment to do away Paraguay. And you can see it else- tion of the certification process in 1987. with extradition. where, Mr. President. The Bahamian Government’s willing- So as a result of our decertification, So the point is, the certification ness to accept more of our assets, U.S. we have been able now to move toward process is not a substitute for a com- Government assets, and to provide ad- the process of changing the one thing prehensive strategy to deal with drugs, ditional resources of its own in the that the cartel members fear the most, but it is an effective tool which the fight increased the moment they knew the possibility of being extradited to State Department only a few months they were subject to certification. serve time in an American prison, not ago was lauding as an effective tool. In December of 1986, the Bahamas in one of their prisons of comfort and And it seems to me that the hue and passed a new, tougher drug law. And of personal convenience that they ne- cry you hear from these countries, more recently, in 1995 and 1996, the Ba- gotiate in Columbia. That is why they ‘‘Gee, we don’t like you holding us ac- hamas passed money-laundering laws took it away. And now we are on the countable,’’ is in fact its best argument and implemented regulations based on road to getting it back. Why? Because for the reality that this works. Is it a U.S. Government certification related we had the certification process in rough tool? Yes, I will admit, sure it is. to demarches. The fact is, we had is- place. That is why. It has its element of hardness in that sued demarche after demarche to those I talked to General McCaffrey today. sense. But Mr. President we have trav- countries, and they have responded to And I understand how administrations eled this road for a long time—a long those because they knew there was a work and the marching orders are, but time. S7572 CONGRESSIONAL RECORD — SENATE July 16, 1997

We have written a number of drug money. In fact, the Mexicans pride Mr. MCCONNELL. Mr. President, we bills in our country. We have put addi- themselves on not taking foreign aid will be able to get a consent agreement tional cops on the streets. We are try- from the United States of America. So to have a series of votes here shortly. I ing to augment our own drug strategy I think it ought to be viewed in that know Senator COVERDELL is here and at home. But the fact is, that the do- context. wants to speak to the Dodd-McCain mestic side is only one piece of any But finally, Mr. President, when we amendment. We will offer a unanimous strategy to deal with drugs. You need vote on this I think the fundamental consent request for some votes on or effective law enforcement at home, you questions are as follows: Has the around 6 o’clock shortly. need effective education at home, and present policy succeeded in helping us Mr. KERRY. I know the Senator from you need effective treatment at home. win the war on drugs? Has the present Georgia wants to speak. I will take 2 And we have been negligent with re- process of certification or decertifica- quick minutes, if I may. spect to a number of those. But that tion raised the price of drugs in Phoe- I answer the question the Senator does not mean that you can turn nix, AZ, and Detroit, MI, and New Lon- from Arizona asked, which was the around and throw away the other side don, CT, and Boston, MA? Has the question about the effectiveness and of the coin, which is the interdiction present policy been instrumental in price. The test of whether or not cer- and international cooperation which is getting the kind of cooperation and as- tification is effective is not just a re- also an important tool. And I respect- sistance that we need from the Mexi- flection of what happens to the price of fully suggest to my colleagues that the can Government and their officials? drugs or their availability. Everybody certification process deserves better Has the present policy of certification, knows that interdiction is ultimately than simply to be put into hanging sus- decertification, had any beneficial im- an impossible task. Drugs will come in. pension, with some promise of more pact on stopping the drug trafficking The question is, are you raising the talk that will only result in ratifica- which goes across our border in large cost of business sufficiently that the tion ultimately of the very inter- quantities as we speak? risks are great enough for those who national agreement that it is based on. Those are the questions that have to engage in it that you have a legitimate I emphasize to my colleagues, this is be asked. And if you believe that the effort to reduce it from scourge to nui- not some ‘‘Yankee from the North’’ present policy and certification has sance? The truth is, Mr. President, standard. That is how they effectively worked, and has proved a benefit and there are a whole set of other questions play those politics. They very effec- has been helpful or has been an ingredi- you have to ask to really test that ef- tively do that. And then they complain ent in raising the price of drugs, win- fectiveness. to our diplomats when they go to Mex- ning the war on drugs, closing our bor- For instance, do they extradite peo- ico, and they say, ‘‘Oh, boy, you guys der to the flow of drugs, increasing co- ple? Do they have a law of extradition? are stirring up the politics of our coun- operation assistance on the part of the Do they have asset seizure and forfeit- try because you’re sort of imposing Mexicans, then I say vote against this ure laws? Have they implemented the this standard on us.’’ pending amendment. laws of asset seizure and forfeiture? Mr. President, it is not our standard. But I say that the President’s na- What kind of sentencing structure do It is their standard. They signed the tional security adviser, the drug czar, they have? Do people actually serve international treaty. And all we are and many other experts throughout the time? Do they trade evidence with you? doing is making a judgment of whether country have said, look, let us try Do they create a mutual legal assist- our tax dollars ought to be given to something different. Let us come up ance treaty? There are a whole series those countries that signed the agree- with some new ways which can address of judgments here where, I suggest re- ment and then do nothing to live up to this terrible scourge that is destroying spectfully to my colleagues, the vast the standard. This is not our standard. the youth of America. Let us try a new majority of the evidence is on the side It is the world’s standard. They have way. of those who say this certification signed on to it. They ought to live up That is all this says. Let us try to be process is working because it has pro- to it. And we should not walk away more effective. Let us try a way of sus- duced results in every one of those from the one effective tool we have put pending, simply suspending for 2 years, other areas of measurement. in place that helps us hold on to that not abolishing, but suspending for 2 Now, the other point I make—I know standard. years the certification process in hopes that you have editorials. Sure you have I yield the floor. that all of us together, the executive editorials. I have read some of them. Mr. MCCAIN addressed the Chair. and legislative branch, working with One comes from my own newspaper in The PRESIDING OFFICER. The Sen- the American people, can come up with Massachusetts. Most people that I have ator from Arizona. a way of winning a war that it is sad to talked to about this process make the Mr. MCCAIN. I will be brief. I know say, Mr. President, we are losing. judgment that the reason they viscer- that the managers of the bill and ev- If those who oppose this amendment ally feel it is not a fair thing to do is eryone else wants to get votes and final think that what we are doing now they think we are implementing a passage on this issue. I think the issue works, fine. They are entitled to that standard that is just American, that we has been pretty well ventilated. opinion. But I do not believe that those are sort of judging them and then, in a I will just make a couple comments. we place in positions of responsibility high-handed fashion, coming in and One is that a comment was made ear- in the executive branch of Government saying, ‘‘Hey, you are not good enough lier about General McCaffrey. I think share that view, nor do most experts. for America.’’ The point that I think it is important to point out that no The Senator from Connecticut read off needs to be reemphasized over and over matter where we are on this issue the editorial comment from literally that many are not aware of is, it is not —which side—that General McCaffrey every major newspaper in America in an American standard, it is the inter- deserves our respect and our admira- favor of this amendment. And I do not nationally arrived at standard which tion and appreciation. There was some blindly follow the advice and rec- they have agreed to live up to them- allegation about his judgment of the ommendations of all of the experts, nor selves. So we are really finding only Mexican general, and I think we all the leaders of our administration and one tool existed in the process. make mistakes from time to time. But those we entrust to conduct of our na- The last point I make is that this the fact is that General McCaffrey has, tional security policy and our drug pol- does not have to be as difficult as it in the view of all objective observers, icy. But I say, we ignore that advice was made this year with respect to done an outstanding job. and recommendation at some risk. Mexico. Most people, I think, came to The Senator from Massachusetts just So, Mr. President, I hope we can the conclusion ultimately that, while made a reference to our tax dollars. quickly dispense of further debate and they wanted to avoid a politically The Senator from Massachusetts vote on this. sticky situation, Mexico was not, in knows full well that no foreign aid goes I thank the chairman and floor man- fact, capable of cooperating fully, and to Mexico. The only money that goes ager for his indulgence as we have dis- there were plenty of ways to praise the to Mexico is strictly for the purposes of cussed this very important issue. I democratic process, plenty of ways to drug interdiction. That is the only yield the floor. praise President Zedillo, plenty of ways July 16, 1997 CONGRESSIONAL RECORD — SENATE S7573 to bolster those who wanted to make it In other words, through the discus- It would put the Director of the Na- happen and provide a waiver that al- sions about the process, the adminis- tional Drug Policy in charge of the lowed them to be certified, but on the tration has told the Congress it is task force. basis of national interest. going to come with a full report and The amendment calls for the Presi- Had that happened, there would have present it to the Congress in just a dent to persuade other heads of state been no great fight in the U.S. Senate, month and a half. It strikes me that we from drug producing countries and and had that happened, we would not ought to see the report, hold the hear- major drug transporting countries to be here today putting to the test the ing, and then see what it points us to- establish similar task forces. one tool that has worked in helping us ward—not just suddenly come forward Not later than 1 year after the date to hold the Vienna Treaty accountable. and end the process before we have had of enactment, the amendment calls for Mr. COVERDELL. Mr. President, I the report. I have to say, Mr. Presi- the President to convene an inter- will not be supporting the Dodd- dent, if it were not for the process, I national summit. McCain amendment, but I wanted to doubt we would have ever gotten this We need a better tool than the cer- make several observations about the letter. tification process. situation we are facing this evening. The last point I make is, I just came The new strategy has to focus on First, I want to commend Senator from a hearing, a portion of which Sen- bringing the known traffickers to jus- DODD of Connecticut for his extended ator DODD was able to attend, but he tice. interest in this subject, for his coopera- had to return to the floor. The discus- Last year, I offered an amendment to tion and longstanding work on the sions by the various witnesses were ex- withhold foreign aid to Mexico until matter. I am an admirer of his work. I ceedingly alarming. They described, on Mexico either brought to trial them- believe, however, that this is not the our border, armed conflict. They de- selves or extradited the ten most want- way to close the circle on the long, ex- scribed drug cartels operating in mili- ed drug lords living in Mexico. tended debate on certification and that tary fashion—not a bunch of hooli- Two of the top ten are no longer process. gans—with the most sophisticated heading up the big drug cartels. As chairman of the Western Hemi- equipment, semiautomatic weapons, Juan Garcia Abrego was convicted in sphere Subcommittee, I promised to night goggles and sophisticated com- Houston and sentenced to 11 life sen- hold hearings on the issue. As Senator munication systems that allowed them tences. DODD knows, I have long said there are to ambush our own agents. The testi- Amador Carillo Fuentes, considered real questions about this process that mony alluded to a growing number of the wealthiest and most powerful drug need airing. I have to say I am some- occurrences, already 70 this year, of baron died earlier this month. He was what disappointed by General McCaf- similar incidences—armed assault on known as the ‘‘lord of the skies’’ be- frey and NSC Adviser Berger coming U.S. Border Patrol, targeted agents, as- cause he owned a fleet of 727’s which al- forward in this manner without a thor- sassination threats. lowed him to transport drugs from Co- ough discussion. I worked extensively, Senator MCCAIN is correct, the status lombia to Mexico. along with Senators DODD, KERRY, quo is not working. I believe the cor- His headquarters were in Juarez, a MCCAIN, HUTCHISON, and others, when rect response is to hear from the ad- little more than an hour away from this became so contentious before, and ministration as they promised, to hold New Mexico. I think we ought to have had more no- our public hearings, to air the various He died earlier this month, but this tice with regard to their views on this ideas and concepts, and then come for- will not be the end of this cartel’s in- than we have had. ward in an organized, methodical man- fluence and drug dealing. I want to point out that the certifi- ner and hear where we go in the future. We have to do something more effec- cation process has had successes, as Senator DODD and I agree completely tive in this area. Senator KERRY has pointed out, and it that the status quo is unacceptable. We The new policy has to be primarily a has created issues and problems, as are just not quite on the same time law enforcement function. Senator DODD has pointed out. There line as to where we go from here. Enhanced extradition has to be an have been benefits and there have been I yield the floor. important part of the new policy. problems. The idea of shutting the Mr. DOMENICI. Mr. President, I am Comprehensive money laundering process down without a fix on where we pleased to cosponsor Senator DODD’S laws must be passed in all countries are going to go bothers me. Senator amendment. The drug certification and officials must be trained to iden- DODD and I have talked about an alli- process is fatally flawed. tify money laundering schemes and to ance. Well, maybe that would be an ap- Mexico was fully certified even enforce the laws. propriate new place to go. But to just though 7 percent of the cocaine and 50 Young people need to be educated stop what we are doing without know- percent of the marijuana sold in the about the dangers of drugs. ing where that new place is and in this United States comes in through Mex- We can’t solve this drug problem manner, I don’t think is appropriate. ico. alone. We need international coopera- Mr. President, the certification proc- Colombia wasn’t certified, neither tion. ess is not only about other govern- were other rogue states even though This amendment provides a frame- ments. It has been a tool for the Con- their contribution to the drug supply is work for a better, more aggressive pol- gress to be at the table on these issues not prominent. Under this process, our icy. with our own executive branch. In fact, diplomatic friends get certified as Mr. BAUCUS. Mr. President, I rise in in the long debate over certification of ‘‘fully cooperating,’’ and rogue nations support of the Dodd-McCain amend- Mexico, it did result in this letter from do not regardless of whether a country ment. the President to myself and Senator is a major contributor to the supply of For the past 11 years, we have experi- FEINSTEIN, and it makes an extensive drugs in the United States or not. mented with the policy of ‘‘certifying’’ outline. I view the determination of which foreign countries as cooperating or It says: countries are cooperating as a law en- failing to cooperate with our efforts I want to keep the Congress informed of forcement function, yet the State De- against the international narcotics the progress we are making toward achieving partment has prominent role in advis- trafficking. That is a fair test for any the objectives set forth in my 1997 national ing the President. policy. And it appears to me that the drug control strategy and the U.S.-Mexico This sense of the Senate amendment certification policy simply isn’t work- alliance against drugs. Director McCaffrey calls for the suspension of the drug cer- ing. will provide further details on these issues to tification procedures for two years. It Many countries we have decertified— Members of both Houses in the near future. calls for high-level task force to de- Burma, for example, or Afghanistan— My administration will also provide the Con- velop a comprehensive program for ad- now produce significantly more narcot- gress, by September 1, [that is this Septem- ber] 1997, a report covering each of the issues dressing domestic and international ics than they did before. Cocaine, her- contained in the Senate Resolution passed in drug trafficking and fashioning a mul- oin, and marijuana are at least as easy March as elaborated in your recent letter tilateral framework for improving to find on our streets today as they and discussions with my administration. international cooperation. were in 1986. It is clear that, at best, S7574 CONGRESSIONAL RECORD — SENATE July 16, 1997 our decertification of these countries know Mexico is not doing enough; they ure out what we are going to do perma- did nothing to stop them and their know it. I have met with President nently. I think it is a reasonable pro- mafia organizations from producing Zedillo on this issue. I am convinced posal. I hope my colleagues agree. narcotics. that he is trying to do everything he Mr. MCCONNELL. Madam President, So certification has been an ineffec- can. He is attacking this issue. Berat- I have a unanimous consent request—— tive policy. And the Dodd-McCain ing his country is not going to help the Mr. DODD. Will my colleague yield amendment takes a sensible ap- situation. for 2 minutes before he makes that re- proach—it does not abolish certifi- So I urge my colleagues to vote for quest? cation, but suspends it while we try to the Dodd-McCain amendment. Let us Mr. MCCONNELL. Madam President, work out a more effective approach. If try something new. Let us look for I yield the floor. there is nothing better out there, cer- positive results in a partnership, not Mr. DODD. I thank the Senator. tification will go back into effect. an adversarial relationship that cannot Madam President, I have been listen- Finally, in my view, annual debates help us. It will not solve our problem ing for the last hour and a half, rough- over whether to certify various foreign and it could make worse problems on ly, to all the argument against this countries has distracted us from the our border than we could ever foresee. amendment, except for my 2 colleagues more fundamental problems we face Let’s do something different; let’s give from Texas, to whom I am grateful for here at home. That is, enforcing the it a chance. Thank you. making their case. I want to make the laws. Putting drug dealers in jail. Re- I yield the floor. case on behalf of Senator MCCAIN and habilitating drug users when possible. Mr. GRAMM addressed the Chair. myself, and Senators DOMENICI, COCH- And stopping kids from trying drugs in The PRESIDING OFFICER. The Sen- RAN, DASCHLE, KERREY, WARNER, the first place. If we can do those ator from Texas, [Mr. GRAMM], is rec- INOUYE, HUTCHISON, and others who things, the actions of foreign countries ognized. have supported this amendment, the will still be important, but they will be Mr. GRAMM. Madam President, since cosponsors of the amendment. We have secondary issues. 1986, we have had a policy called ‘‘cer- had 11 years. We didn’t come up with So I think Senator DODD and Senator tification,’’ whereby we stand in judg- this overnight. We have had 11 years. MCCAIN have a good idea. We should ment of our neighbors as to whether We have now 12.8 million people using take a second look at a policy that they are in fact making the best effort illegal drugs in this country; 1.5 mil- doesn’t work very well. We should try they can make in helping us keep drugs lion cocaine addicts; 600,000 heroin ad- and find a better one if we can. And we out of our country and helping them- dicts. What do we want to do, wait an- should get back to basics and solve our selves prevent drugs from corrupting other year, another 2 years? Do you problems here at home. their country. Mr. President, I have a full state- In the case of Mexico, we have de- want that number to be 13 million drug ment on the underlying bill and the clared through a Presidential certifi- addicts in the country? How about a importance of keeping up on our com- cation, since 1986, for 11 years, that million heroin addicts? When do we mitment to Israel and the Middle East. Mexico is making a full-faith effort, stop? I ask unanimous consent that it be and every year for 11 years we have The present system isn’t working. We printed in the RECORD at this time. suspected that it was not so. For the have decertified about 7 countries over Mrs. HUTCHISON addressed the first 10 years of this process, I kept the last several years. If anything, we Chair. hoping things would get better, hoping have had less cooperation—Afghani- The PRESIDING OFFICER (Ms. COL- for the best, voting to certify some- stan, Burma, Iran, Syria, Colombia— LINS). The Senator from Texas. thing that we suspected was not true and what do we get back from it? If Mrs. HUTCHISON. Madam President, but hoped that it would become true. this is working so well, are these coun- I rise to speak on the Dodd-McCain This year, I decided that maybe we tries cooperating today? No, we are not amendment that will put this charade should try something different and getting cooperation. All we are getting of certification aside and try some- deny certification. The President de- is a deluge of drugs pouring into the thing new in the war on drugs. I think, cided to move ahead with certification. country. Madam President, all of us want the The point I want to make is very So I don’t disagree that maybe the same result; we want to stop the illegal simple: It can never be good public pol- certification may be the only answer. drugs from coming into our country. icy to put ourselves in a position But how about for 24 months we try Today, 13 million Americans use illegal where, in order to continue to work something else, after 11 years, and if drugs; 1.5 million use cocaine, 600,000 with our neighbors to try to keep drugs we get nothing but an increase in sup- use heroin, and 10 million use mari- from coming into our country, we have ply, lower costs, and the problem be- juana. to certify something that is not true. I comes worse and worse and worse, why Madam President, it is coming in think that, after 11 years, it has be- don’t we try something else? That is through Mexico. Twenty percent of the come clear that this process is not all Senator MCCAIN and I are suggest- heroin, 70 percent of the marijuana in working. It puts us continually in a po- ing—for 24 months, suspend the certifi- this country, and 50 to 70 percent of the sition of choosing whether to certify cation process. Listen to General cocaine comes in through Mexico. This things that are not true. It seems to McCaffrey; he supports what we are is under the process we have now—cer- me that as a matter of national policy, trying to do here. He doesn’t have a sil- tification—which is insulting, which just as well as a matter of personal pol- ver bullet either. But maybe, just does not have any positive con- icy, that can never be a good thing to maybe, we might come up with a better sequences and, I submit, really only do. idea and do so in a sense of cooperation has negative consequences. I don’t know whether certification with nations we are going to have to Madam President, how is the best was ever a good policy or not. But I have cooperation from if we are going way for us to attack the issue of illegal think that after 11 years, we know it to succeed. drugs coming in from Mexico? Is it to does not work. And I think setting the So, Madam President, with all due insult our neighbor? Is it to berate process aside for 2 years, giving us an respect, when I hear that this is com- them? What does that give us? It gives opportunity to try to figure out what ing sort of unannounced—and I listened us a hostile neighbor. Is that going to we are going to do in terms of a perma- today, as I was at those hearings as help? I hear people on this floor talking nent policy, is the right thing to do. well, to those witnesses and I heard about Mexico as if it is 2,000 miles from I agree with my colleague from them as well. The situation is worse our border. Madam President, Mexico Texas. If you want your neighbors to today than 6 months ago, a year ago, or is our border. We share family ties, we work with you, the worst thing you can two years ago, and it is getting worse. share a trade relationship, we share do is slap them in the face. So how about trying something else, problems for both of our countries in We are under a procedure now that which is something we don’t do ter- illegal drug transit. It is bad for Mex- does not work. I think it is time to ribly frequently around here; we stick ico, it is bad for the United States. And change it. The proposal before us is with provisions and say you can’t I submit that we share friendship. We simply to set it aside for 2 years to fig- change them. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7575 We represent 5 percent of the world’s ment a new multilateral strategy to stem the Mekong. In a shocking series of population and we consume over 50 per- the flow of illegal narcotics. We believe the stories, the Review described a nation’s cent of the illegal drugs in the world. passage of this amendment will lead to a slide into corruption and the close col- Before we start lecturing everybody more effective multilateral effort in the war laboration between senior Cambodian against drugs. else, we ought to look in our own back- I, therefore, urge the Senate to pass your officials and drug smugglers. Making yard and decide what we can do here at and Senator McCain’s amendment. matters worse, a senior officer said, home as well. Sincerely, ‘‘Cambodia is now like Noriega in Pan- For those reasons, I urge our col- SAMUEL R. BERGER, ama. Nobody dares to speak out be- leagues to give us a chance, with this Assistant to the President for cause they will be killed.’’ modest proposal, to try something dif- National Security Affairs. Journalists who have called atten- ferent. As General McCaffrey said in UNANIMOUS-CONSENT AGREEMENT tion to the corruption and smuggling his letter, and Sandy Berger at the Na- Mr. MCCONNELL. Madam President, have been fined, jailed, and assas- tional Security Council, this deserves let me say, before propounding this sinated. Days after running a story de- an opportunity to be tried. I urge my unanimous-consent request, we can see tailing the criminal kingdom built up colleagues to do that. the light at the end of the tunnel. This by a close associate of Hun Sen, the I ask unanimous consent that a let- unanimous-consent request has been newspaper’s editor was gunned down ter from Barry McCaffrey to Senator cleared on both sides. We will have midday in downtown Phnom Penh. MCCAIN and a letter from Samuel three votes beginning in about 10 min- However, this is not a situation Berger to me be printed in the RECORD. utes from now and that leaves very lit- which has just unraveled over the past There being no objection, the letters tle left to do before final passage. So month. This is a story which has un- were ordered to be printed in the we are almost through. folded over the past 2 years and unfor- RECORD, as follows: Madam President, I ask unanimous tunately, U.S. Government officials EXECUTIVE OFFICE OF THE PRESI- consent that I now be recognized for up and policy appear to have aided and DENT, OFFICE OF NATIONAL DRUG to 8 minutes for an explanation of the abetted this sorry turn of events. CONTROL POLICY, amendment on Cambodia, which is at As the committee report notes, the Washington, DC, July 16, 1997. the desk, and further, following that evidence of corruption and political vi- Hon. JOHN MCCAIN, debate, the Senate proceed to vote on olence is not new. Democracy has been U.S. Senate, or in relation to the McConnell amend- under attack for the past 2 years. Washington, DC. In testimony before the House Inter- DEAR SENATOR MCCAIN: Wanted to confirm ment No. 886, the one I will describe that the Administration supports the Dodd- shortly, to be immediately followed by national Relations Committee, the McCain legislation on international drug co- a vote on or in relation to the McCon- president of the International Repub- operation. Believe your thinking supports nell amendment No. 887, also about lican Institute pointed out in 1995, tir- U.S. drug policy by recommending a mecha- Cambodia, which I anticipate will be ing of his attacks on their corruption, nism that would allow us to make fundamen- voice-voted, to be immediately fol- Government officials engineered the tal improvements in the way we cooperate lowed by a vote on or in relation to the ouster from the party and Parliament with major drug producing and transit coun- Allard amendment No. 891, to be imme- of Sam Rainsy. The testimony then tries. At a minimum, your bill promises to went on to say the following: remove a major cause of foreign policy fric- diately followed by a vote on or in rela- tion, especially with Latin American and tion to the Dodd amendment No. 901. I Building on their success in removing one Caribbean countries. Timing for consider- further ask consent that there be 2 vocal critic, the government has targeted up ation of new ideas is fortunate because of the minutes of debate equally divided prior to six other parliamentary members for expulsion . . . the number of newspapers is upcoming Summit of the Americas and to the remaining votes in the sequence. heightened interest in multilateral counter- declining by the month. Journalists are reg- I finally ask unanimous consent that ularly harassed and beaten and several have drug cooperation following the President’s all votes in the sequence following the travel to Mexico, Central America and the been killed . . . The government has been Caribbean. first vote be limited to 10 minutes in largely successful in silencing all internal ONDCP is prepared to lead an interagency length. opposition and criticism. task force to develop a new strategy. We The PRESIDING OFFICER. Is there Unfortunately, for the past 2 years as must build on our National Drug Control objection? the problems mounted, the administra- Strategy. We can accomplish the require- Without objection, it is so ordered. tion failed to use our assistance pro- ment to build a more effective concept for PRIVILEGE OF THE FLOOR grams, strong ties, and close relation- multi-national cooperation in the two years Mr. LEAHY. Madam President, be- ships to leverage reforms crucial to the provided by your bill. Although we would want to explore a num- fore the Senator from Kentucky con- country’s survival. ber of options, elements of a new strategy tinues, I also ask unanimous consent A few short months ago, in testimony might involve increased use of multilateral that Greg May, a fellow in Senator before the subcommittee, AID’s admin- mechanisms and international organizations FEINGOLD’s office, be granted floor istration compared Mongolia and Cam- such as the OAS. We might also consider ex- privileges for the remainder of the con- bodia, citing both as democratic suc- pansion of ad hoc arrangements for in-depth sideration of this bill. cess stories. At the same time, the bilateral counter-drug cooperation with The PRESIDING OFFICER. Without lives of opposition candidates were countries of particular interest such as Mex- objection, it is so ordered. being threatened, Hen Sen was actively ico. The Department of State and ONDCP Mr. LEAHY. Madam President, I join are already formulating plans for a fall con- thwarting all efforts to appoint inde- ference to develop new thinking along the my friend from Kentucky and say that pendent judges or create a commission lines of your proposal. we do see light at the end of the tun- to establish the framework for the Thanks for your continued leadership on nel. I urge Senators, if they really have planned 1998 elections. the drug issue. something they feel is absolutely ur- When weeks of Mr. Atwood’s testi- Respectfully, gent for the good of the world and the mony, 16 people were killed and an- BARRY R. MCCAFFREY, Nation and their States and the Sen- other 120 wounded in a grenade attack Director. ate, and so forth, that they discuss it on a public rally against corruption. with the Senator from Kentucky and Human rights organizations claimed THE WHITE HOUSE, Washington, DC, July 16, 1997. myself during these rollcall votes, so this was a clear attempt to assassinate Hon. CHRISTOPHER J. DODD, that we can wrap this bill up. one of the Government’s most vocal U.S. Senate, Mr. MCCONNELL. Madam President, critics, Sam Rainsy. Washington, DC. I might say that, other than the Hutch- As the political violence escalated, DEAR SENATOR DODD: I am writing to ex- inson amendment, I am not aware of the administration continued to en- press the support of the Administration for any other votes that we will need be- dorse Cambodia as a responsible can- the amendment that you and Senator fore going to final passage. didate to join ASEAN. Evidence that McCain are proposing to S. 955, the Foreign Operations, Export Financing and Related When the subcommittee marked up narcotics traffickers were subsidizing Operations Appropriations Bill for FY ’98. this bill, the situation in Cambodia was the leadership was dismissed. In May, We believe your amendment would allow grim. The Far Eastern Economic had in the face of overwhelming evidence the Administration to develop and imple- labeled Phnom Penh, the Medellin on that drug related corruption tainted S7576 CONGRESSIONAL RECORD — SENATE July 16, 1997 the most senior leaders in government, from committee, I would now like to sults of the FBI investigation into the bomb- Secretary Albright testified before the offer two amendments which modifies ing attack in Phnom Penh on March 30, subcommittee, that ‘‘we are very care- the two Cambodia-related sections in 1997.’’ ful in the way we do the certification’’ the bill. They are virtually identical AMENDMENT NO. 887 AS MODIFIED and expressed confidence that Cam- but affect two different spending ac- On page 96, line 20 strike all after the word bodia deserved to be recognized as fully counts. In each, I have added a new ‘‘Cambodia’’ through page 97, line 2, ending cooperating in our international condition which prohibits aid to Cam- with the word ‘‘smugglers.’’ and insert in lie counternarcotics efforts. bodia unless there is a certification thereof the following: ‘‘has: (1) not been es- During his visit here this spring, Sam that the Government has not been in- tablished in office by the use of force or a Rainsy, the critic who has been tar- stalled by the use of force or a coup. coup d’etat; (2) discontinued all political vio- geted by Hen Sen’s henchmen, pleaded I understand that some of my col- lence and intimidation of journalists and with the State Department to change leagues believe there should be lan- members of opposition parties; (3) estab- course and move quickly to condition lished an independent election commission; guage linking aid to the restoration of (4) protected the rights of voters, candidates, aid to his country—to take every step a democratically elected government. necessary to force Prince Ranariddh and election observers and participants by In theory, I agree. However, given the establishing laws and procedures guarantee- and Hen Sen back to the negotiation fact that Hun Sen actually partici- ing freedom of speech and assembly; (5) table—to make every effort to salvage pated in the election, I believe the ad- eliminated corruption and collaboration what was left of his country’s hope for ministration would continue on the with narcotics smugglers and; (6) been elect- democracy. He called attention to the wrong policy track and take advantage ed in a free and fair election.’’ increasingly public efforts both leaders of such a provision and simply certify Mr. KERREY. Madam President, I were making to arm private militias— that an elected official was serving in am pleased to be a cosponsor along a sign, he warned of the civil conflict office. with Senator MCCONNELL and Senator to come. Prince Ranariddh must be restored to LEAHY of amendments numbered 886 While the administration continued office and his party must be given the and 887 to S. 955, the foreign operations to talk of Cambodia’s success, the com- appropriations bill for fiscal year 1998. mittee listened to the Cambodians and opportunity to actively and freely en- These amendments will prohibit the international observers who urged ac- gage in the political process. But that Government of Cambodia from receiv- tion to stop the slide toward war. In re- will not happen unless the Administra- ing financial assistance from the Unit- sponse to the deteriorating situation, tion takes the first basic step and ac- ed States until the political violence is we reported out a bill which required knowledges that he has been the victim the Secretary to certify that four con- of a bold, ruthless military coup. These ended, the human rights of Cambodians ditions had been met prior to the re- amendments compel the administra- are respected, and either the former co- lease of any additional assistance. Spe- tion to make that decision. alition government is restored or free cifically, she had to determine that the To address the changes which have and fair democratic elections take Government had taken steps to: First, occurred since the bill was reported, I place. These amendments will also en- end political violence and intimidation have an amendment at the desk which sure that the United States will oppose of opposition parties and members; sec- adds a new condition banning aid until aid offered by multilateral financial in- ond, establish an independent election the Secretary certifies the government stitutions to Cambodia until those commission; third, protect the rights was not installed by force or coup. same conditions are met. of voters, candidates and election ob- AMENDMENTS NOS. 886 AND 887, AS MODIFIED The events of the past week in Cam- servers and participants by establish- Mr. MCCONNELL. Madam President, bodia have focused our attention again ing laws which guaranteed freedom of I now send modifications to amend- on a nation that has experienced tre- speech and assembly; and fourth, elimi- ments 886 and 887, which are already at mendous suffering in the last 30 years. nate all official corruption and collabo- the desk, and ask that Senators Twenty years ago, the murderous reign ration with narcotics smugglers. KERREY of Nebraska and HAGEL be of Pol Pot and his Khmer Rouge began We had hoped that the Secretary added as cosponsors. in Cambodia. The genocidal Khmer would deliver a similar tough message The PRESIDING OFFICER. Without Rouge regime imprisoned thousands of during a planned June trip to Phnom objection, it is so ordered. its citizens and executed an estimated Penh. Many of us held out the slim The amendments will be so modified. one million people or 20 to 30 percent of hope that she would be take on the im- The amendments (Nos. 886 and 887), the populace. I had hoped that such portant challenge of getting the two as modified, are as follows: horrors had ended for Cambodia. Unfor- leaders to the table to work toward AMENDMENT NO. 886 AS MODIFIED tunately, last week political intimida- reconciliation and free and fair 1998 On page 11, line 14 strike all after the word tion and violence again erupted in the elections. I believe her planned visit ‘‘Of’’ through page 12, line 13, ending with capital of Phnom Penh, ending the rule represented the last window of oppor- the number ‘‘1997.’’ and insert in lieu thereof of law and bringing chaos and uncer- the following: tainty to the nation. tunity to effect any change. Unfortu- ‘‘None of the funds appropriated by this nately, there were sufficient uncertain- Recent press stories detailing the Act may be made available for activities or forced emigration and extrajudicial ties about the outcome that prompted programs in Cambodia until the Secretary of her advisors to recommend the visit be State determines and reports to the Commit- executions of opposition leaders high- canceled—and with that, the window of tees on Appropriations that the Government light the gravity of the situation. opportunity slammed shut. of Cambodia has: (1) not been established in It would be easy to turn our backs to The rest, as they say, is history. office by the use of force or a coup d’etat; (2) a nation with such a dark past. But the Since the coup, it is clear, the admin- discontinued all political violence and in- poor and terrifying history of Cam- istration continues to be reluctant to timidation of journalists and members of op- bodia should not influence our decision challenge or confront Hun Sen. I think position parties; (3) established an independ- on whether to stay involved in Cam- ent election commission; (4) protected the this is a serious mistake. It not only bodia. The nation and the people of rights of voters, candidates, and election ob- Cambodia are important to our na- causes friends and allies to doubt our servers and participants by establishing laws commitment to democracy, we risk and procedures guaranteeing freedom of tional interests. The United States further instability in a vital part of he speech and assembly; (5) eliminated corrup- must stay engaged and continue to world. If an interest in South East tion and collaboration with narcotics smug- work for democracy and the rule of law Asian stability does not persuade my glers and; (6) been elected in a free and fair in Cambodia. In 1991 a significant colleagues of the merits of engage- democratic election: Provided, That the pre- agreement was signed in Paris between ment, they might consider the need to vious proviso shall not apply to humani- the political factions in Cambodia see some good come out of the substan- tarian programs or other activities adminis- which brought the promise of elected tered by nongovernmental organizations: government and democratic institu- tial bilateral and multilateral commit- Provided further, That 30 days after enact- ment we have supported which now ex- ment of this Act, the Secretary of State, in tions. Under the auspices of the United ceeds $4 billion. consultation with the Director of the Fed- Nations and observer nations, elections To address the changes which have eral Bureau of Investigations, shall report to were held in Cambodia in 1993. The occurred since the bill was reported the Committees on Appropriations on the re- clear desire of the Cambodian people July 16, 1997 CONGRESSIONAL RECORD — SENATE S7577 for democracy was shown by the par- The amendment makes clear that as- The motion to lay on the table was ticipation of ninety percent of the pop- sistance for nongovernmental organiza- agreed to. ulation in those elections. In the four tions would be allowed to continue. AMENDMENT NO. 887, AS MODIFIED years since those elections, the people I want to make sure we don’t inad- The PRESIDING OFFICER. Under of Cambodia have worked to preserve vertently prevent aid from resuming if the previous order, there will now be 2 their fragile democracy and the rule of the democratically elected government minutes for debate on amendment 887, law. Cambodia may have suffered a set- is restored. But I have no doubt, in as modified, offered by the Senator back in its efforts to build strong that kind of situation, that the Sen- from Kentucky. democratic institutions. But it is not ator from Kentucky would want to Mr. BYRD. Madam President, may without hope. make clear—or, if that occurred, would we have order in the Senate? I cannot The United States should not aban- want to join with some of us to make even see the Presiding Officer. don a people committed to the ideals of clear—that such aid would continue. The PRESIDING OFFICER. The Sen- democracy and the rule of law. These But this has been a very violent coup. ate will be in order. amendments hold out the promise of Opposition people are being silenced or Mr. BYRD. I hope that Senators will renewed United States assistance to killed. And I support the intent of the listen to the Chair. Cambodia once the political violence amendment by the Senator from Ken- The PRESIDING OFFICER. The Sen- ends and an elected government takes tucky. ate will be in order. power in Cambodia. Mr. McCONNELL. I thank my friend Mr. BYRD. I hope Senators will show Until these conditions are met, this from Vermont. respect to the Chair. legislation allows humanitarian assist- Madam President, if I have any time, The PRESIDING OFFICER. The Sen- ance to be sent to Cambodia, but only I yield it back. ator from Kentucky is recognized. if it is administered through non-gov- The PRESIDING OFFICER. All time Mr. MCCONNELL. Madam President, ernmental organizations and not the is yielded. this is an amendment previously dis- Government of Cambodia. The question now occurs on amend- cussed before the vote started. I am It is my hope that the situation in ment No. 886, as modified, offered by prepared to take a voice vote on it. It Cambodia improves and our two na- the Senator from Kentucky [Mr. is noncontroversial and I think sup- tions can again work together to build MCCONNELL]. On this question, the yeas ported by my colleague. a democratic Cambodia. If the coali- and nays have been ordered, and the Mr. LEAHY. I join with the distin- tion government is restored, these clerk will call the roll. guished Senator from Kentucky in that amendments permit the resumption of The legislative clerk called the roll. request. assistance to the Government of Cam- Mr. NICKLES. I announce that the The PRESIDING OFFICER. The bodia. If elections are held in 1998 as Senator from Montana [Mr. BURNS] is question is on agreeing to the amend- planned, the United States may again necessarily absent. ment. provide assistance to a democratically I further announce that, if present The amendment (No. 887), as modi- elected government in Cambodia. and voting, the Senator from Montana fied, was agreed to. While we can play a major role, the [Mr. BURNS] would vote ‘‘yea.’’ Mr. LEAHY. Mr. President, I move to United States alone cannot help bring The PRESIDING OFFICER. Are there reconsider the vote. democracy and the rule of law in Cam- any other Senators in the Chamber Mr. MCCONNELL. I move to lay that bodia. I fully expect the Administra- who desire to vote? motion on the table. tion to continue to work with the Asso- The result was announced—yeas 99, The motion to lay on the table was ciation of Southeast Asian Nations nays 0, as follows: agreed to. [ASEAN], the United Nations, and [Rollcall Vote No. 180 Leg.] AMENDMENT NO. 891 donor nations to improve the situation YEAS—99 The PRESIDING OFFICER. There in Cambodia. Other nations such as Abraham Feingold Lott now will be 2 minutes of debate on Thailand and Japan have played a Akaka Feinstein Lugar amendment No. 891 offered by the Sen- major role in promoting democratic Allard Ford Mack ator from Colorado [Mr. ALLARD]. Ashcroft Frist McCain ideals in that nation. The United Baucus Glenn McConnell The Senator from Colorado is recog- States needs to work with these na- Bennett Gorton Mikulski nized. tions to return a democratically-elect- Biden Graham Moseley-Braun Mr. ALLARD. Madam President, I ed government to Cambodia and pro- Bingaman Gramm Moynihan thank you. In 1994, OPIC’s lending au- Bond Grams Murkowski mote the institutional reforms that Boxer Grassley Murray thority for its insurance financing was will bring peace and prosperity to a Breaux Gregg Nickles last raised and has been frozen ever people who so desperately need it. Brownback Hagel Reed since. Since that time, the administra- Bryan Harkin Reid AMENDMENT NO. 886, AS MODIFIED Bumpers Hatch Robb tion—— Mr. McCONNELL. I ask for the yeas Byrd Helms Roberts Mr. BYRD. Madam President, I do and nays on the MCCONNELL amend- Campbell Hollings Rockefeller not know whether other Senators can Chafee Hutchinson Roth hear or not. I cannot. May we have ment No. 886. Cleland Hutchison Santorum The PRESIDING OFFICER. Is there a Coats Inhofe Sarbanes order. sufficient second? Cochran Inouye Sessions The PRESIDING OFFICER. The Sen- There is a sufficient second. Collins Jeffords Shelby ator is correct. The Senate is not in Conrad Johnson Smith (NH) order. The Senate will be in order. Sen- The yeas and nays were ordered. Coverdell Kempthorne Smith (OR) Mr. LEAHY. Madam President, will Craig Kennedy Snowe ators will please cease their conversa- the Senator yield a minute of his time? D’Amato Kerrey Specter tions or take their conversations to the The PRESIDING OFFICER. The Sen- Daschle Kerry Stevens Cloakrooms. DeWine Kohl Thomas ator from Vermont. Dodd Kyl Thompson Mr. BYRD. Madam President, I Mr. McCONNELL. Yes. I yield such Domenici Landrieu Thurmond thank the Chair. time as he may desire. Dorgan Lautenberg Torricelli The PRESIDING OFFICER. The Sen- Mr. LEAHY. Madam President, I Durbin Leahy Warner ator from Colorado is recognized. Enzi Levin Wellstone strongly support what the Senator Faircloth Lieberman Wyden Mr. ALLARD. I thank the Chair. from Kentucky wants to accomplish In 1994, OPIC’s lending authority for with his amendment on Cambodia. NOT VOTING—1 its insurance and financing was last There has been a violent coup, if the Burns raised and has been frozen since then. press reports are accurate, and we have The amendment (No. 886), as modi- On the administrative cost side, we no reason to believe they are not. fied, was agreed to. have seen a growth during that period, Members of the opposition have been Mr. MCCONNELL. Mr. President, I when their authority was limited, from assassinated. Leaders in the opposition move to reconsider the vote. $20 million to about $32 million. This have been murdered. This is a violent Mr. KEMPTHORNE. I move to lay amendment just takes the administra- coup. that motion on the table. tive cost back to the 1994 level. It is a S7578 CONGRESSIONAL RECORD — SENATE July 16, 1997 reduction of $11 million in administra- Lugar Reed Snowe UNANIMOUS CONSENT REQUEST Mack Robb Specter Mr. LOTT. Madam President, I would tion. I ask for a yea vote. McConnell Rockefeller Stevens Mr. LEAHY addressed the Chair. Mikulski Roth Thurmond like to see if we can get a unanimous The PRESIDING OFFICER. The Sen- Moseley-Braun Santorum Torricelli consent agreement, and if we can, we ator from Vermont is recognized. Moynihan Sarbanes Warner can tell the Members we will not have Murkowski Shelby Mr. LEAHY. Madam President, this Murray Smith (OR) any further votes tonight. I have dis- in many ways would cut off our nose to cussed this with the distinguished NOT VOTING—1 spite our face. Democratic leader. I do have one other I oppose this amendment but I see Burns amendment I have to put in the stack. the Senator from Nebraska, who had The amendment (No. 891) was re- We may work something out on it, but spoken earlier, and I will yield to him. jected. in case we cannot, we need to have the The PRESIDING OFFICER. The Sen- Mr. LEAHY. Madam President, I vote in the morning. ator from Nebraska is recognized. move to reconsider the vote by which I ask unanimous consent that the Mr. HAGEL. I thank the Chair. the amendment was rejected. vote occur on the Bingaman amend- I again say what I said this afternoon Mr. McCONNELL. I move to lay that ment No. 896 at 9:30 a.m.—let me mod- regarding my good friend and real motion on the table. ify that. Let’s put that at 10 o’clock on neighbor next to me. His amendment I The motion to lay on the table was Thursday—to be followed immediately think at best is shortsighted. I came to agreed to. by a vote on the HUTCHINSON amend- this body with the background of a Mr. LEAHY. Madam President, the ment, to be followed immediately by small businessman, Madam President. I Senate is not in order. third reading of the bill and final pas- know a little something about OPIC. I The PRESIDING OFFICER. The Sen- sage, all occurring without action or have marketed companies, built com- ator is correct. The Senate will be in debate. panies, that have worked around the order. The PRESIDING OFFICER. Is there world. I understand the importance of The Senator from Vermont. objection? what OPIC is. This is an organization Mr. LEAHY. I ask the Presiding Offi- Mr. BINGAMAN. Madam President, I that, in fact, sends money back to the cer, what is the parliamentary situa- assume that we will have 2 minutes Treasury each year. This is an organi- tion? equally divided for debate on the zation that creates jobs. It has a tre- AMENDMENT NO. 901 amendment before voting? Mr. LOTT. I amend the UC to make mendous ripple effect all across this The PRESIDING OFFICER. Under it clear to have, what has become cus- country. And as we are able to export the previous order, there will now be 2 tomary, 2 minutes for a final expla- American technology and products minutes for debate equally divided on nation of what is in the amendment. abroad, the support for all of those the Dodd amendment No. 901. The Sen- Mr. CHAFEE. Will these be 10-minute products comes from American compa- ator from Connecticut is recognized. votes after the first one? nies in each of our States. I respect- Mr. DODD. Madam President, I am going to yield 30 seconds to my col- Mr. LOTT. Madam President, we in- fully request that my colleagues vote tend to have 10-minute votes after the against this amendment. league from Arizona. This amendment, offered by myself, first vote. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there question is on agreeing to the amend- Senator MCCAIN and many others, sus- pends for 24 months the voting on the objection? ment. The yeas and nays are ordered. Mr. TORRICELLI. Reserving the certification process. All the reports The clerk will call the roll. right to object. The assistant legislative clerk called are collected, but this is an oppor- The PRESIDING OFFICER. The Sen- the roll. tunity, as General McCaffrey says in ator from New Jersey. Mr. NICKLES. I announced that the his letter endorsing this amendment, Mr. TORRICELLI. Madam President, Senator from Montana [Mr. BURNS] is this gives us time to try something dif- the Bingaman amendment would be a necessarily absent. ferent. After 11 years, the problem has change in policy toward Cuba and we I further announce that, if present gotten worse. We need to try a dif- would have only 2 minutes to discuss and voting, the Senator from Montana ferent dynamic. This will give us 24 that relative to its merits. [Mr. BURNS] would vote ‘‘nay.’’ months to try it. We urge the adoption Mr. LOTT. There will be debate on The PRESIDING OFFICER. Are there of the amendment. that issue further tonight. The ques- any other Senators in the Chamber I yield to my colleague from Arizona. tion was, would there only be 2 min- who desire to vote? Mr. McCONNELL. Madam President, utes for debate on the Bingaman-Gra- The result was announced—yeas 35, I yield 1 minute in opposition to the ham amendment. I believe there would nays 64, as follows: amendment to Senator COVERDELL. be further discussion on that. The PRESIDING OFFICER. I believe [Rollcall Vote No. 181 Leg.] Mr. McCONNELL. As long as Sen- the Senator from Arizona was recog- YEAS—35 ators would like to discuss it. nized for 30 seconds. Mr. LOTT. Tonight. Allard Feingold Lott The Senator from Georgia is recog- Mr. TORRICELLI. Would it be pos- Ashcroft Gramm McCain Brownback Grams Nickles nized for 1 minute. sible to ask, given the interest of many Bryan Gregg Reid Mr. COVERDELL. Madam President, on this and the impact this would have Coats Helms Roberts the certification process is not perfect. on American policy toward Cuba, that Collins Hollings Sessions The Foreign Relations Committee has Coverdell Hutchinson Smith (NH) we might, in this instance, ask for 5 Craig Hutchison Thomas committed to hearings on this. That is minutes on each side to make our posi- D’Amato Inhofe Thompson the appropriate venue to discuss it. We tions clear to Members before they DeWine Kempthorne Wellstone should not suspend the process without vote? Dorgan Kohl Wyden Faircloth Kyl the new place to go or the new system Mr. LOTT. Madam President, I being in order. We send the wrong mes- amend the UC to ask consent that we NAYS—64 sage at the wrong time, and I urge my have 10 minutes equally divided on Abraham Cochran Hagel colleagues not to suspend and leave no both the Bingaman amendment and the Akaka Conrad Harkin Baucus Daschle Hatch system in place. Hutchinson amendment if that time is Bennett Dodd Inouye Mr. DODD. I ask for the yeas and required, with the debate on those to Biden Domenici Jeffords nays on this amendment. begin shortly after we come in at 9:30, Bingaman Durbin Johnson The PRESIDING OFFICER. Is there a Bond Enzi Kennedy and then the vote to begin at 10 a.m. Boxer Feinstein Kerrey sufficient second? The PRESIDING OFFICER. Is there Breaux Ford Kerry There is a sufficient second. objection? Bumpers Frist Landrieu The yeas and nays were ordered. Mr. McCONNELL addressed the Byrd Glenn Lautenberg Mr. LOTT addressed the Chair. Chair. Campbell Gorton Leahy Chafee Graham Levin The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- Cleland Grassley Lieberman jority leader. ator from Kentucky. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7579 Mr. McCONNELL. Madam President, Hatch Moseley-Braun Shelby Mr. BYRD. I have no objection. Helms Murkowski Smith (NH) I understand Senator SPECTER has a Hutchinson Nickles Smith (OR) The PRESIDING OFFICER. Without problem, and we will hear from him in Inhofe Reed Snowe objection, it is so ordered. a few minutes. He is apparently on his Kempthorne Reid Specter Mr. LOTT. There will be no further way. Kerry Roberts Thomas votes this evening. The next votes will Lautenberg Rockefeller Thurmond Mr. LOTT. I didn’t hear any objec- Lott Roth Torricelli occur at 10 a.m. on Thursday. tion. Mack Santorum Wellstone I yield the floor. I think it is unfortunate we are not McConnell Sessions Wyden AMENDMENT NO. 902 going to be able to get a unanimous- NOT VOTING—2 (Purpose: To express the sense of the Senate consent agreement now. By not doing Burns Glenn on the European Commission’s handling of the Boeing McDonnell Douglas merger) so, we may have a proliferation of The amendment (No. 901) was re- amendments, and we may have to go jected. Mr. GORTON. Mr. President, I have on later tonight. We have really been Mr. LEAHY. Mr. President, I move to an unprinted amendment at the desk working very well across the aisle to reconsider the vote. and I ask for its immediate consider- avoid this sort of problem, but I don’t Mr. MCCONNELL. I move to lay that ation. think we can resolve it right now. motion on the table. The PRESIDING OFFICER. The So, we can proceed with this vote and The motion to lay on the table was clerk will report. see if we can work out an understand- agreed to. The assistant legislative clerk read ing as to how we will proceed later on UNANIMOUS-CONSENT AGREEMENTS as follows: tonight or in the morning, and we can Mr. LOTT. Mr. President, I ask unan- The Senator from Washington [Mr. GOR- try the unanimous consent request imous consent that the vote occur on TON] for himself, Mrs. FEINSTEIN, Mrs. MUR- again after the vote. We cannot assure or in relation to the Bingaman amend- RAY, and Mrs. BOXER, proposes an amend- Senators at this point that there will ment numbered 902. ment No. 896 at 10 a.m. on Thursday, to be no further votes tonight. be followed immediately by a vote on Mr. GORTON. I ask unanimous con- Mr. DASCHLE. If the leader will or in relation to the Hutchinson sent reading of the amendment be dis- yield, in the interest of accommodat- amendment No. 890, to be followed by pensed with. ing a lot of our Senators who have third reading of the bill and final pas- The PRESIDING OFFICER. Without made plans, could we at least give sage occur all without further debate objection, it is so ordered. them assurance that between now and or action. The amendment is as follows: 9:30 there will be no votes tonight? The PRESIDING OFFICER. Without The Boeing Company and McDonnell Doug- Mr. LOTT. If I could, I appreciate the objection, it is so ordered. las have announced their merger; and Democratic leader’s efforts. His effort Mr. LOTT. I further ask there be 10 The Department of Defense has approved has been about like mine—not too good that merger as consistent with the national minutes equally divided for debate rel- yet. security of the United States; and ative to the Bingaman and Hutchinson [Laughter.] The Federal Trade Commission has found amendments prior to each vote with re- Let’s have the vote and work on this that merger not to violate the anti-trust spect to the amendments that are laws of the United States; and during the vote and try to get a UC pending. The European Commission has consist- after the vote. Mr. LEAHY. Reserving the right to ently criticized and threatened the merger I believe we have the yeas and nays object, does the leader also intend to before, during and after its consideration of on this amendment. ask unanimous consent to vitiate the the facts; and The sole true reason for the European VOTE ON AMENDMENT NO. 901 yeas and nays that have been ordered The PRESIDING OFFICER (Mr. Commission’s criticism and imminent dis- on the underlying amendment, or ask approval of the merger is to gain an unfair SMITH of Oregon). The question is on to have it withdrawn? competitive advantage for Airbus, a govern- agreeing to the Dodd amendment No. AMENDMENT NO. 900, WITHDRAWN ment owned aircraft manufacturer; 901. The yeas and nays have been or- Mr. LOTT. Mr. President, I ask unan- Now therefore, It is the Sense of the Sen- dered. The clerk will call the roll. imous consent that the Dodd amend- ate that any such disapproval on the part of the European Commission would constitute The legislative clerk called the roll. ment be withdrawn. Mr. NICKLES. I announce that the an unwarranted and unprecedented inter- The PRESIDING OFFICER. Without ference in a United States business trans- Senator from Montana [Mr. BURNS] is objection, it is so ordered. action that would threaten thousands of necessarily absent. The amendment (No. 900) was with- American aerospace jobs; and Mr. FORD. I announce that the Sen- drawn. The Senate suggests that the President ator from Ohio [Mr. GLENN] is nec- Mr. LOTT. I further ask that when take such actions as he deems appropriate to essarily absent. the Senate receives the House compan- protect U.S. interests in connection there- The result was announced—yeas 38, ion bill, the Senate immediately pro- with. nays 60, as follows: ceed to its consideration and all after Mr. GORTON. I ask unanimous con- [Rollcall Vote No. 182 Leg.] the enacting clause be stricken, the sent Senators MURRAY and BOXER be YEAS—38 text of S. 955, as amended, be inserted added as cosponsors of the amendment. Akaka Hagel Levin in lieu thereof, the bill be read for a The PRESIDING OFFICER. Without Allard Harkin Lieberman third time and passed and the Senate objection, it is so ordered. Baucus Hollings Lugar insist on its amendment, request a con- Mr. GORTON. Mr. President, this is a Bryan Hutchison McCain Chafee Inouye Mikulski ference with the House on the disagree- last-minute amendment and I greatly Cleland Jeffords Moynihan ing votes and the Chair be authorized appreciate the indulgence of the man- Cochran Johnson Murray to appoint conferees on the part of the agers, but it is of vital importance. It Daschle Kennedy Robb now is increasingly evident, over- DeWine Kerrey Sarbanes Senate. Dodd Kohl Stevens Mr. MCCONNELL. Mr. President, re- whelmingly evident, that the European Domenici Kyl Thompson serving the right to object, as I under- Commission is going to attempt to re- Gorton Landrieu Warner stand this agreement, it does not pre- ject the Boeing-McDonnell Douglas Gramm Leahy vent us from going ahead and facilitat- mergers in spite of the fact that the NAYS—60 ing the passage of some agreed-to Department of Defense feels this is a Abraham Byrd Enzi amendments this evening. There are significant step forward for our na- Ashcroft Campbell Faircloth two Senators here with amendments. tional defense, in spite of the fact the Bennett Coats Feingold Biden Collins Feinstein Mr. LOTT. It does not in any way Federal Trade Commission has not de- Bingaman Conrad Ford prevent that. termined there are any trade violations Bond Coverdell Frist Mr. BYRD. Reserving the right to ob- in connection therewith. Boxer Craig Graham ject, I don’t expect to object, what is S. That decision on the part of the Eu- Breaux D’Amato Grams Brownback Dorgan Grassley 955? ropean Commission seems to have been Bumpers Durbin Gregg Mr. LOTT. The foreign ops bill. made in the absence of any evidence S7580 CONGRESSIONAL RECORD — SENATE July 16, 1997 and before any evidence was submitted tifies to the Congress, first, that the 21, 1997, as to whether Chairman Arafat to it and solely on behalf of creating a Palestinian Authority is using its max- and the PLO made a maximum effort competitive advantage for Airbus. If it imum efforts to combat terrorism in to stop that kind of terrorism. Imme- should hold, it will have a seriously ad- accordance with the Oslo accords, has diately after the bombing, Israeli verse impact on employment in the ceased the violence or threat of vio- Prime Minister Netanyahu said that United States, particularly with the lence or incitement of violence as a Arafat gave a green light to that bomb- Douglas portion of McDonnell Douglas, tool of the Palestinian Authority. ing. When Secretary of State Mad- which could not survive unaided or Second, after full investigation by eleine Albright appeared before the unmerged. the Department of Justice, the execu- Foreign Operations Subcommittee in This resolution simply states those tive branch of Government concludes our hearing this spring, she responded facts and states that any such dis- that Chairman Arafat had no prior that Arafat had not given a green approval would be an unwarranted and knowledge of the World Trade Center light, but neither had he given a red unprecedented interference in a busi- bombing. light. Under the provisions of the ness decision appropriately made in the Third, after a full inquiry to the De- amendment introduced by Senator United States and suggests to the partment of State, the executive SHELBY and myself, Arafat has an abso- President he take such actions as he branch of Government concludes that lute obligation, along with the PLO, to deems necessary under the cir- Chairman Arafat did not authorize and make the maximum effort to fight ter- cumstances. did not fail to use his authority to pre- rorism. I will make more extensive remarks vent the Tel Aviv cafe bombing of I have written to Secretary Albright on this issue sometime tomorrow, but I March 21, 1997. on this subject, and I ask unanimous appreciate the support of my col- Mr. President, this amendment would consent that a copy of my letter be leagues on a matter of great impor- not impact upon the expenditures of printed in the RECORD at the conclu- tance to employees in many States U.S. funds for projects like water au- sion of my remarks. throughout the United States. thorities or other projects which go to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the people who are now directed to re- objection, it is so ordered. question is on agreeing to the amend- ceive these funds, but to articulate (See exhibit 2.) ment. with precision, would only involve the EXHIBIT 2 The amendment (No. 902) was agreed moneys which would be paid to the Mr. SPECTER. It is unsatisfactory, to. Palestinian Authority. Mr. President, if Arafat did anything Mr. GORTON. I move to reconsider It may well be that there is no intent but put down a red light to stop the the vote. to pay money now in the pipeline for bombing of the Tel Aviv cafe which Mr. MCCONNELL. I move to lay it on the Palestinian Authority, but I must killed three Israelis and wounded doz- the table. say, Mr. President, that after making ens more, estimated to be approxi- mately 40 other Israelis. There ought AMENDMENT NO. 898 substantial efforts to find out exactly to be absolutely no doubt that if any Mr. SPECTER. Mr. President, I send what is going on in the administration, funding is to come from the U.S. tax- an amendment numbered 898 to the I have been unable to make that deter- payers to the Palestinian Authority, desk. mination. But whether or not there is there be a certification by the Presi- The PRESIDING OFFICER. The an intent by the administration not to dent, based on evidence that Yasser clerk will report. pay money in the pipeline to the Pal- Arafat was not a party to, did not The legislative clerk read as follows: estinian Authority, it is my view that this amendment is necessary as a mat- know about, was not an accessory be- The Senator from Pennsylvania [Mr SPEC- fore the fact, or a coconspirator on the TER] proposes an amendment numbered 898. ter of policy. With respect to the issue of Chair- bombing of the Trade Center in 1993 Mr. SPECTER. I ask unanimous con- and he, in fact, made the maximum ef- sent that reading of the amendment be man Arafat’s knowledge of the Trade Center bombing, a report has been fort which would require a red light on dispensed with. the bombing of the Tel Aviv res- The PRESIDING OFFICER. Without made by Deputy Education Minister Moshe Peled of Israel that Arafat had taurant. objection, it is so ordered. It is my understanding, Mr. Presi- prior knowledge of the bombing of the The amendment is as follows: dent, this amendment is acceptable to Trade Center in New York City in 1993. At the appropriate place in the bill, insert both managers of the bill. the following: I have asked the Department of Jus- tice, Mr. President, to conduct an in- EXHIBIT 1 SEC. . RESTRICTION ON ASSISTANCE MADE TO U.S. DEPARTMENT OF JUSTICE, THE PALESTINIAN AUTHORITY. vestigation to determine whether or not that is true. OFFICE OF LEGISLATIVE AFFAIRS, None of the funds appropriated or other- Washington, DC, April 29, 1997. wise made available by this Act may be obli- I ask unanimous consent the cor- Hon. ARLEN SPECTER, gated or expended with respect to providing respondence be printed in the RECORD U.S. Senate, funds to the Palestinian Authority, unless at the conclusion of my statement as if Washington, DC. the President certifies to Congress that: read in full. DEAR SENATOR SPECTER: This is in response (1) the Palestinian Authority is using its The PRESIDING OFFICER. Without to your letter to the Attorney General dated maximum efforts to combat terrorism, and, April 1, 1997. Your letter encloses a news ar- in accordance with the Oslo Accords, has objection, it is so ordered. (See exhibit 1.) ticle from The Jerusalem Post in which it is ceased the use of violence, threat of violence, reported that Yasser Arafat may have had or incitement to violence as a tool of the EXHIBIT 1 prior knowledge of the bombing of the World Palestinian Authority’s policy toward Israel; Mr. SPECTER. The essence of the Trade Center building on February 26, 1993. (2) after a full investigation by the Depart- matter is that this issue has been Aside from the news report enclosed with ment of Justice, the Executive branch of raised by a responsible Israeli official, your letter, the Department of Justice is un- Government concludes that Chairman Arafat and if Arafat in fact had prior knowl- aware of any information that Yasser Arafat had no prior knowledge of the World Trade edge of the bombing of the Trade Cen- either had prior knowledge of the bombing of Center bombing; and the World Trade Center or was in any way (3) after a full inquiry by the Department ter, he may well be an accessory before involved in the conspiracy to bomb the of State, the Executive branch of Govern- the fact, or a coconspirator, and if that building. We have queried the Israeli au- ment concludes that Chairman Arafat did is so, he would be extraditable to the thorities about this information and they not authorize and did not fail to use his au- United States under provisions of our deny the accuracy of the statements attrib- thority to prevent the Tel Aviv cafe bombing terrorist legislation passed in 1984 and uted in the article to the Deputy Education of March 21, 1997. 1986. Minister. Mr. SPECTER. Mr. President, this It is simply unsatisfactory and intol- I hope this information is helpful. If we can amendment provides that none of the be of further assistance with regard to this erable to have that issue outstanding or any other matter, please do not hesitate funds appropriated or otherwise made and be providing funding for the Pal- to contact this office. available to the Palestinian Authority estinian Authority. Sincerely, shall be paid over to the Palestinian The issue has also been raised on the ANDREW FOIS, Authority unless the President cer- bombing of the Tel Aviv cafe on March Assistant Attorney General. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7581

U.S. SENATE, EXHIBIT 2 leagues, Senator DEWINE in particular, COMMITTEE ON APPROPRIATIONS, U.S. SENATE, has been very gracious or anxious to Washington, DC, May 14, 1997. Washington, DC, March 25, 1997. discuss some important issues. Hon. JANET RENO, Hon. MADELEINE ALBRIGHT, I just rise for a few moments to dis- Attorney General, Secretary of State, cuss the role of Egypt in the Middle Department of Justice, Washington, DC. East process. I think we all understand Washington, DC. DEAR SECRETARY ALBRIGHT: According to the dream of peace in the Middle East DEAR ATTORNEY GENERAL RENO: By letter the weekend press reports, Israeli Prime dated April 1, 1997, (copy enclosed) I wrote to Minister Benjamin Netanyahu has stated is going to take courage, patience and you concerning Israeli Deputy Education that Palestinian Chairman Yassir Arafat has commitment from all of the countries Minister Moshe Peled’s statement that Pal- indirectly given a green light to the terror- in the region. Unfortunately, Egypt, estinian Authority Chairman Yasser Arafat ists resulting in the suicide bomb which the second largest recipient of U.S. aid, had prior knowledge of the 1993 plot to bomb killed and wounded many Israelis last Fri- has taken a number of actions of late New York City’s World Trade Center. day. which seem more likely to undermine By letter dated April 29 (copy enclosed) As- According to the news reports, Chairman Arafat and the Palestinian authority re- the peace that grew out of Anwar sistant Attorney General Andrew Fois re- Sadat’s courageous decision to go to Is- sponded with a very generalized statement leased Ibrahim Maqadmeh. Prime Minister about having ‘‘queried the Israeli authori- Netanyahu further stated that Chairman rael. ties.’’ No mention was made whether the De- Arafat and the Palestinian authority have I rise, therefore, with several other partment of Justice talked to Deputy Edu- failed to detain known terrorists and to con- colleagues, questioning several of these cation Minister Moshe Peled or did any real fiscate weaponry. actions by Egypt, a long-time recipient In my judgment, it is very important for pursuit on the matter. of substantial amounts of U.S. foreign the State Department to make a factual de- assistance. These actions, in my view, Since I do not speak Hebrew, my assistant, termination as to whether Chairman Arafat David Brog, Esquire, talked to Mr. Peled. and the Palestinian authority did give a raise serious questions, especially when Mr. Peled said that he was not prepared to green light indirectly to the terrorists and they seem to contradict U.S. efforts to disclose any more information on Chairman whether there was a failure to detain known secure a lasting peace in the Middle Arafat’s connection in the World Trade Cen- terrorists and to confiscate weaponry. East. Specifically, I am troubled by ter bombing beyond what he told the Jerusa- I would appreciate your advice, as prompt- Egypt hosting an Arab League summit lem Post. Mr. Brog said that Mr. Peled was ly as possible, on your Department’s conclu- not flexible on this point and that he (Mr. in Cairo earlier this year in which sion as to whether Chairman Arafat and the Egypt supported the renewal of the Brog) had the impression that Mr. Peled had Palestinian authority gave an indirect green gotten into some trouble for his previous dis- light to the terrorists. Arab League boycott of Israel. This closure. As you know, an amendment offered by represents a clear violation of the Is- I am interested to know whether the De- Senator Shelby and myself to the Middle raeli-Egyptian peace treaty. U.S. pol- partment of Justice talked to Mr. Peled be- East Peace Facilitation Act of 1995 condi- icy has long sought to end the boycott. fore Mr. Fois’s letter to me of April 29. If so, tions the $500 million in U.S. aid to the Pal- Yet, in this situation there is a recipi- what he said. If not, why wasn’t Mr. Peled estinian authority on presidential certifi- ent of U.S. aid that supports it. I am questioned. cation that the Palestinian authority is also troubled that Egypt has emerged complying with all of its commitments I considered this an extremely serious mat- as Libyan Leader Qadhafi’s most im- ter. As you know, Chairman Arafat could be under its peace accords with Israel, including extradited to the United States if there is its commitment to prevent acts of terrorism portant advocate internationally. evidence to support Mr. Peled’s charge. and undertake ‘‘legal measures against ter- Egyptian President Mubarak has I formally request the Department of Jus- rorists, including the arrest and prosecution publicly stated that Egypt does not tice to conduct a real investigation on this of individuals suspected of perpetrating acts produce chemical weapons, that Libya matter. of violence and terror.’’ does not produce chemical weapons. He Sincerely, The Senate Appropriations Subcommittee has advocated easing United States on Foreign Operations, on which I sit, will ARLEN SPECTER. soon be considering this issue for fiscal year sanctions on Libya, and he has violated 1998 so I would appreciate your prompt re- the U.N. ban on air travel by allowing U.S. SENATE, sponse. Qadhafi to fly to the Arab summit in COMMITTEE ON APPROPRIATIONS, In addition, I would appreciate your advis- Cairo. Washington, DC, April 1, 1997. ing me as to whether there is any U.S. aid in What is particularly of distress to Hon. JANET RENO, the pipeline which has not yet been turned this Senator is President Mubarak was Attorney General, over to the Palestinian authority. If so, I re- Department of Justice, the only leader to decline President quest that such payments be withheld until Clinton’s invitation to attend an Octo- Washington, DC. the determination as to whether the Pal- DEAR ATTORNEY GENERAL RENO: Just yes- estinian authority is complying with the ber Middle East summit in Washington terday I saw a news report that Israeli intel- Specter-Shelby amendment. to revise the peace process and to end ligence has evidence that Palestinian Au- Sincerely, ongoing violence. thority Chairman Yasser Arafat had prior ARLEN SPECTER. Most recently, Mr. President, and knowledge of the 1993 plot to bomb New York The PRESIDING OFFICER. The colleagues, we have seen some efforts City’s World Trade Center which killed six by top Egyptian officials to take ac- people. question is on agreeing to the amend- ment. tions to reinvigorate the peace negotia- That news report quoted Deputy Education tions. I am very hopeful that those re- Minister Moshe Peled stating: The amendment (No. 898) was agreed to. cent actions will be a signal that Egypt ‘‘More than that, he [referring to Arafat] intends to play a more constructive was part of the discussions on the oper- Mr. SPECTER. I move to reconsider ation.’’ the vote. role in the days ahead, in terms of pro- The news report further said that Arafat was Mr. BENNETT. I move to lay it on ducing a lasting peace. I have been es- privy to the conspiracy and met with Suda- the table. pecially pleased to see the strong, bi- nese and Islamic terrorist leaders. The motion to lay on the table was partisan support here in the Senate for With this letter, I am enclosing for you a agreed to. the Middle East process, and for the photostatic copy of the news report from the Mr. LEAHY. Mr. President, we have good work begun in Oslo, and I am very Jerusalem Post on March 26. passed, have we, the amendment of the hopeful that Egypt will see that there I would very much appreciate it if you distinguished Senator from Washing- is strong concern right now in the would conduct the appropriate investigation ton [Mr. GORTON]? United States Senate about a number to determine what evidence exists, if any, of The PRESIDING OFFICER. We of their actions of late and that the Arafat’s complicity in this matter. agreed to the amendment. Congress will be monitoring those ac- It appears to me that, if true, Arafat would Mr. LEAHY. Did that show the other be prosecutable under U.S. criminal laws. I tions carefully. distinguished Senator from Washing- Mr. President, I yield the floor. would appreciate your advice as to what in- ton as a cosponsor? dictments could be brought as to Chairman Mr. DeWINE addressed the Chair. Arafat. The PRESIDING OFFICER. That is The PRESIDING OFFICER. The Sen- Thank you for your consideration of this correct. ator from Ohio is recognized. request. EGYPT AMENDMENT NO. 903 Sincerely, Mr. WYDEN. Mr. President, the hour (Purpose: To limit assistance for Haiti un- ARLEN SPECTER. is late, and I know a number of our col- less certain conditions are satisfied) S7582 CONGRESSIONAL RECORD — SENATE July 16, 1997

Mr. DEWINE. Mr. President, I send There are thousands of children who tinue as investigators build compelling an amendment to the desk and ask for are receiving one meal a day because of cases against those who have used bru- its immediate consideration. AID assistance that is administered tal force to achieve, in the past, politi- The PRESIDING OFFICER. The through both CRS and the ADRA. It is cal goals. clerk will report. vitally important that this assistance Mr. President, over 80 extrajudicial The assistant legislative clerk read continue. and political killing cases have been as follows: Mr. President, my amendment does assigned to the SIU by the Government The Senator from Ohio [Mr. DEWINE] pro- not deal directly with this food. What of Haiti. The Government has re- poses an amendment numbered 903. it does deal with is the bigger problem quested that close to two dozen of Mr. DEWINE. Mr. President, I ask of the orphanages of Haiti. I have had those cases be investigated on a ‘‘prior- unanimous consent that reading of the the opportunity to visit at least 12 of ity basis.’’ However, sadly, not enough amendment be dispensed with. these orphanages in Haiti over the last progress has been made on these high- The PRESIDING OFFICER. Without few months. There are at least 70 such profile political murder cases. In fact, objection, it is so ordered. orphanages just in the Port-au-Prince to date, none of the cases have been The amendment is as follows: area alone, containing thousands of successfully prosecuted. On page 10, line 4, strike ‘‘Institute.’’ and children. It is something to see and Mr. President, the SIU is being inte- insert ‘‘Institute: Provided further, That of something to behold to see the work grated slowly into the newly formed ju- the funds made available under this heading that is being done. These orphanages dicial police and is receiving more and for Haiti, up to $250,000 may be made avail- would break a person’s heart, and does, more political support, and support able to support a program to assist Haitian when you see the children who are from the Haitian people. The people of children in orphanages.’’. there. This amendment sets aside a rel- Haiti want to turn the corner on their On page 18, line 2, before the period insert atively small amount of money to look the following: ‘‘: Provided further, That of the long history of political violence. Con- at this problem from the long range. tinued assistance and targeted assist- amount appropriated under this heading, not Frankly, Mr. President, due to lack less than $500,000 shall be available only for ance to the SIU would strengthen Haiti of resources the orphanages in Haiti the Special Investigative Unit (SIU) of the and strengthen United States-Haiti re- Haitian National Police’’. cannot take in many of the needy chil- lations as well. On page 93, strike lines 7 through 24 and in- dren. This amendment would provide No. 3, and probably most important. sert the following: much-needed resources to help allevi- This amendment would limit assist- LIMITATION ON ASSISTANCE FOR HAITI ate the demand on these orphanages, ance to Haiti, unless four conditions SEC. . (a) LIMITATION.—None of the funds by helping take care of the children in are met: appropriated or otherwise made available by other ways. Funds are made available if the Clearly, what these children need, in this Act may be provided to the Government President reports to Congress that the of Haiti unless the President reports to Con- the final analysis, is not just tem- Government of Haiti, No. 1, is conduct- gress that the Government of Haiti— porary shelter, but permanent place- ing thorough investigations of (1) is conducting thorough investigations ment in safe, stable homes where they extrajudicial and political killings; No. of extrajudicial and political killings; can count on food and clothing. The (2) is cooperating with United States au- 2, is cooperating with the United funds provided by this amendment thorities in the investigations of political States authorities on this matter; No. would help make that permanent home and extrajudicial killings; 3, has made progress in privatizing a reality for more of Haiti’s children. It (3) has made demonstrable progress in major Government-owned enterprises, privatizing major governmental parastatals, would do this by bringing about some including progress toward the material including demonstrable progress toward the coordination among the orphanages material and legal transfer of ownership of and coordination with respect to our and legal transfer of ownership of these such parastatals; and AID mission. enterprises; finally, No. 4, that the gov- (4) has taken action to remove from the Mr. President, the second part of our ernment is taking action to remove Haitian National Police, national palace and amendment would specify that no less from the Haitian national police, and residential guard, ministerial guard, and any from related agencies, individuals who other public security entity of Haiti those than $500,000 be made available, and made available only for the Special In- are alleged, credibly alleged, to have individuals who are credibly alleged to have engaged in or conspired to conceal engaged in or conspired to conceal gross vio- vestigation Unit, the SIU, of the Hai- lations of internationally recognized human tian national police. gross human rights violations. rights. Mr. President, in my visits to Haiti I Now, Mr. President, in essence, my (b) EXCEPTIONS.—The limitation in sub- have talked with members of the SIU, amendment is designed to make clear section (a) does not apply to the provision of and I talked with the American con- that Congress does not intend United humanitarian, electoral, counter narcotics, tract officer who is down there assist- States assistance to Haiti to be viewed or development assistance. ing the SIU unit. One of the things that as unconditional. In fact, the first two (c) WAIVER.—The President may waive the we have observed and that this country conditions that I have just mentioned requirements of this section on a semiannual were already imposed by Congress in basis if the President determines and cer- has promoted in emerging democracies tifies to the appropriate committees of Con- is the belief that if a country is to the form of an amendment sponsored gress that such waiver is in the national in- emerge as a democracy, whether it be by our distinguished colleague, former terest of the United States. Haiti, whether it be Bosnia, wherever majority leader of the U.S. Senate, (d) PARASTATALS DEFINED.—As used in this in the world, that the country has to Senator Bob Dole. By adding the new section, the term ‘‘parastatal’’ means a gov- turn its back on its past and has to third and fourth conditions, this ernment-owned enterprise. stop tolerating political murders, po- amendment strengthens the Dole Mr. DEWINE. Mr. President, my litical killings, political crimes, wheth- amendment that currently governs our amendment is an attempt to strength- er they occur from the left or from the policy toward Haiti. en our aid program to the troubled re- right. The SIU unit has a very specific Now, the limitations I propose will public island of Haiti. It would help task. Its task is to target these politi- not apply to the provision of humani- make sure that United States assist- cal murderers, to bring them to justice, tarian, electoral, counternarcotics, or ance is properly targeted, so it can be and to see that they are successfully developmental assistance, and it does, more readily effective in areas vital to tried. By doing that, and only by doing as the Dole amendment does, contain a United States interests. that, Mr. President, can we effectively ‘‘national interest’’ presidential waiv- Mr. President, my amendment does see justice in these emerging democ- er. three things. No. 1, it provides up to racies. And only by doing this can the Mr. President, the amendment cur- $250,000 for a program to assist Haitian people of the country understand that rently in force which limits assistance children currently in orphanages. democracy not only means free elec- to Haiti, the Dole amendment, has Today, Mr. President, Catholic Relief tions, but democracy also means jus- been waived four times over the last Services [CRS], and the Adventist De- tice, and these days of political two years by this administration. velopment and Relief Agency [ADRA] killings must be over. I believe the conclusion is clear. To support thousands of Haitian children. It is important, Mr. President, that make sure United States interests in They basically administer AID Food. support for the SIU investigations con- Haiti are protected, that amendment July 16, 1997 CONGRESSIONAL RECORD — SENATE S7583 needs to be strengthened. That is the full. IDA funds come largely from con- human rights. Would the Chairman purpose of this amendment that I am tributions of 35 donor countries nego- agree that this provision only applies offering today. tiated in general replenishment. In- to units of the security forces of a for- Mr. President, Haiti is now in the creasingly, repayments of past IDA eign country that currently have mem- midst of a political crisis. The resigna- loans are supplementing IDA income. bers against whom we have credible tion of Prime Minister Rosny Smarth As a result, the U.S. share of contribu- evidence of gross violations of human on June 9 has laid bare a very serious tions to IDA has decreased by 20 per- rights. problem of leadership. For a number of cent since it was established in 1960. Mr. LEAHY. That is correct. reasons, which include the political The administration’s request of $1.035 Mr. GRAHAM. So that if a unit was prominence of former President billion for IDA is divided into two believed to have had, at some time in Aristide, the current President, Presi- parts: $235 million to meet U.S. pay- the past, a person against whom we dent Preval—despite some truly heroic ments to IDA’s 10th replenishment and have credible evidence of human rights efforts—has not yet been able to effec- $800 million for the first of two U.S. abuses, but that no such person cur- tively promote economic reform. payments for IDA–11. The subcommit- rently is a member of such a unit, that Mr. President, if this crisis is not tee recommends $950 million in funding unit would be eligible to receive assist- met successfully, it could pose a real for IDA for fiscal year 1998. This would ance under this act? threat to United States policy inter- fully fund the first U.S. payment for Mr. LEAHY. That is correct. ests and to the overall investment the IDA–11 but not fully meet payment Mr. GRAHAM. I thank my colleague, United States has made in Haiti since owned for IDA–10. I support increasing the Senator from Vermont, and I look our deployment of troops beginning in the appropriation for IDA by $84.5 mil- forward to working with him on this September 1994. In my view, Mr. Presi- lion to fund both replenishments in matter in the future. dent, if President Preval is given the full. Ms. MIKULSKI. Mr. President, I space to govern, there is no reason to I appreciate the work that the sub- would like to engage in a colloquy with believe he will not make the necessary committee has done to address a major the distinguished ranking member of reforms—as he did previously in pro- concern associated with IDA: Restric- the Foreign Operations Subcommittee. moting fiscal austerity over the last 16 tions on U.S. procurement opportuni- It is my understanding that the for- months. ties imposed by the Interim Trust eign operations bill for fiscal year 1998, Mr. President, we want to help Presi- Fund [ITF]. The ITF was created by do- S. 955, includes an increase of $30 mil- dent Preval find that space to govern. nors who did not want to disrupt IDA’s lion to combat infectious diseases such That is one major purpose of the operations by leaving a 1-year gap in as TB, malaria, dengue fever, and the amendment that I am proposing. new funding when the U.S. budget situ- ebola virus. In conclusion, Mr. President, we as a ation precluded us from meeting com- It has been brought to my attention nation cannot afford to wash our hands mitments to both IDA–11 and IDA–10. that the Gorgas Memorial Institute is of a country in which we have made At that time, controversy emerged developing an innovative regional TB such a sizable investment. The amend- over the terms of the ITF which lim- control initiative designed to address ment I am proposing today would make ited decisionmaking and procurement major issues in reducing the global TB our aid more effective and would help to contributing countries only. As a re- epidemic through training and new ap- the forces in Haiti that are fighting the sult, U.S. officials and businesses were proaches to disease control. I believe uphill battle for genuine reform. excluded from participating in projects the work done at the institute would Mr. President, I request a voice vote. financed by the $3.3 million fund. Last fit well with the priorities outlined by The PRESIDING OFFICER. The year, the Foreign Operations appro- the committee. question is on agreeing to the amend- priations bill contained a provision Would the ranking member join me ment. that required the administration to in urging the Agency for International The amendment (No. 903) was agreed work with other donors to modify pro- Development to provide funding for to. curement restrictions. The administra- this initiative? Mr. MCCONNELL. Mr. President, I tion has negotiated an agreement with Mr. LEAHY. This initiative sounds move to reconsider the vote. the ITF whereby $1 billion, or about like the kind of initiative the commit- Mr. LEAHY. I move to lay that mo- one-third, of projects financed by the tee wanted to consider supporting in tion on the table. trust fund have not yet been com- providing these funds and I would en- The motion to lay on the table was pleted. Full funding of IDA–10 and IDA– courage AID to give full and fair con- agreed to. 11 will allow U.S. firms to bid on these sideration of the Gorgas Institute’s FULL FUNDING FOR THE INTERNATIONAL contracts. The Foreign Operations Sub- proposal. DEVELOPMENT ASSOCIATION committee’s efforts on the matter of NAGORNO KARABAGH Mr. JEFFORDS. Mr. President, today U.S. procurement are commendable. Ms. MIKULSKI Mr. President, I I voice my support for meeting U.S. SECTION 569 would like to engage the ranking mem- commitments to the International De- Mr. GRAHAM. Mr. President, I would ber of the Foreign Operations Sub- velopment Association [IDA] by fully like to engage in a colloquy with the committee in a colloquy regarding hu- funding replenishment to IDA–10 and distinguished ranking member, Mr. manitarian assistance to Nagorno IDA–11. LEAHY, regarding the meaning and in- Karabagh. The International Development Asso- tent of a provision in this bill, section The conflict in Nagorno Karabagh ciation was established in 1960 to lend 569. This involves a matter of great im- has cost over 15,000 lives and has cre- to the poorest and least creditworthy portance to my colleague Mr. LEAHY ated severe economic hardship and dep- developing countries on confessional and myself—human rights. I commend rivation. In Nagorno Karabagh there terms. Only countries with a per capita my colleague for his leadership on this are thousands of land mines directly income below $905 with limited or no important issue. threatening lives and stifling agricul- ability to borrow on market terms and I share your concern that U.S. for- tural production. There is a severe a record of using IDA resources effec- eign assistance funds not be used by shortage of medicines and vaccines. tively are eligible. Currently, 79 coun- perpetrators of gross violations of This shortage has made it difficult to ties meet IDA’s loan criteria—55 per- human rights. I also share your inter- treat and prevent intestinal and acute cent of the world’s population. Twenty est in ensuring that perpetrators of respiratory infectious diseases in chil- countries have graduated from IDA. such crimes are brought to justice. To dren. The Azerbaijani and Turkish Very notably, three of these graduate this end, section 569 of this act pre- blockades have substantially worsened countries—Botswana, Korea, and Tur- vents funds made available under this these problems. key—are now IDA donors. This is a act from being provided to any unit of The U.S. Agency for International solid rate of success. the security forces of a foreign country Development and the United Nations IDA provides development assistance if the Secretary of State has credible provide humanitarian aid to Armenia to poor countries through loans, rather evidence to believe a member of such and Azerbaijan—but this aid does not than grants. Loans must be repaid in unit has committed gross violations of get to the people of Nagorno Karabagh. S7584 CONGRESSIONAL RECORD — SENATE July 16, 1997 Nongovernmental organizations do pro- S. 955, FOREIGN OPERATIONS APPROPRIATIONS, 1998, ticularly through the provision of mili- vide a small amount of humanitarian SPENDING COMPARISONS—SENATE-REPORTED BILL— tary equipment. I commend the man- assistance to the people of Nagorno Continued agers of this bill for including this im- Karabagh, but these programs receive [Fiscal year 1998, in millions of dollars] portant restriction, and am hopeful no funding from USAID. that it will be enacted into law. Non- Mr. LEVIN. I am pleased that the bill I strongly believe that the United De- de- Crime Man- Total States should provide funds to non- fense fense datory managers were able to accept my amendment to prohibit Army Corps governmental organizations to provide House-passed bill: aid to all areas of conflict in the Budget authority ...... 16,721 ...... 44 16,765 consideration of permits that would re- Caucasus—including Nagorno Outlays ...... 13,083 ...... 44 13,127 sult in the diversion of ground water Karabagh. Politically based discrimi- Note: Details may not add to totals due to rounding. Totals adjusted for from the Great Lakes Basin. nation against providing humanitarian consistency with current scorekeeping conventions. As my Great Lakes colleagues know, assistance to particular categories of SECTION 571 the Army Corps recently stated its recipients is against our values—and is Mr. CHAFEE. Mr. President, I am opinion that ground water is not cov- inconsistent with America’s long-term pleased that this bill has come to the ered by section 1109 of the Water Re- foreign policy goals. Senate floor, and commend the Senator sources Development Act of 1986. This Mr. President, few people have done from Kentucky and the Senator from section states that, ‘‘No water shall be more to provide aid to people in need Vermont for all of their hard work in diverted from any portion of the Great than the Senator from Vermont. I authoring this important legislation. Lakes within the United States, or from any tributary within the United would like to ask him if he will con- S. 955 provides increased funding for State of any of the Great Lakes, for tinue to work with me to remove any international affairs functions of our use outside the Great Lakes Basin un- constraints in providing humanitarian Government, a priority that has been less such diversion is approved by the aid to the people of Nagorno Karabagh? neglected in recent years. I agree with Mr. LEAHY. I appreciate the Sen- Secretary of State Madeline Albright, Governor of each of the Great Lakes States . . .’’ and places contraints on ator’s position. I strongly support the who has argued that we can no longer funds for any Federal agency study of principle of delivering humanitarian conduct foreign policy on the cheap. the feasibility of such a diversion. As I aid to those in need in the Caucasus Section 571 of this bill is a briefly have indicated to the Army Corps, a and will work with her in the con- worded but very significant restriction careful review of the act’s legislative ference to try to ensure that these on U.S. military assistance. Mr. Presi- history, the Great Lakes Charter, the needs are met. dent, Indonesia is an emerging power Boundary Waters Treaty of 1909, the Mr. DOMENICI. Mr. President, the in South Asia that has a very consider- Federal charter of the Great Lakes Senate is now considering S. 955, the able economic relationship with the Commission and its predecessor, and foreign operations and export financing United States. I have long believed subsequent congressional authoriza- appropriations bill for fiscal year 1998. that we should fully engage the devel- tions and appropriations referencing The Senate bill provides $16.8 billion oping world not only for our own eco- the waters of the Great Lakes Basin, in budget authority and $5.1 billion in nomic interests, but also so that the shows that ground water recharging or new outlays to operate the programs of citizens of these nations can enjoy eco- discharging into the Great Lakes is the Department of State, Export and nomic prosperity. Such economic de- clearly part of the Great Lakes Basin Military Assistance, Bilateral and Mul- velopment is the best means of enhanc- hydrologically speaking and is there- tilateral Economic Assistance, and Re- ing long-term peace and stability. fore not divertable without adherence lated Agencies for fiscal year 1997. Unfortunately, though, Indonesia has to section 1109. In a nutshell, I disagree When outlays from prior year budget yet to join the community of nations with the Corps’ conclusion. authority and other completed actions in respecting basic human rights and Mr. President, I look forward to are taken into account, the bill totals permitting political freedom. Indo- working with my colleagues in the $16.8 billion in budget authority and nesia’s continuing repression of East Great Lakes region and the conferees $13.1 billion in outlays for fiscal year Timor has dampened hope that this na- to keep this provision intact. This 1- 1998. tion’s tremendous economic success year prohibition will provide time for The subcommittee is at its section will be matched by progress on human the appropriate parties to get together 602(b) allocation for budget authority rights and democracy. In just the past and determine how best to proceed, in- and outlays. month, international human rights ac- cluding possible legislative clarifica- Mr. President, I ask unanimous con- tivists have cited the disappearance tion, to permanently prevent covert di- sent that a table displaying the Budget and possible torture of a number of versions of a very precious resource, Committee scoring of this bill be in- East Timorese civilians. This news ground water in the Great Lakes Basin. serted in the RECORD at this point. comes as the State Department has Mrs. MURRAY. Mr President, as a I urge the adoption of the bill. sharply criticized Indonesia’s human member of the Foreign Operations Sub- There being no objection, the table rights record in its annual report is- committee, I want to commend both was ordered to be printed in the sued in January. Chairman MCCONNELL and Senator RECORD, as follows: These events are just the latest ex- LEAHY. Once again, the leadership of amples of the Indonesian Government’s the subcommittee has produced a bill S. 955, FOREIGN OPERATIONS APPROPRIATIONS, 1998, continuing denial of fundamental SPENDING COMPARISONS—SENATE-REPORTED BILL that I am sure will be widely and rights to the people of East Timor. bipartisanly supported by the Senate. [Fiscal year 1998, in millions of dollars] This past May, Indonesia held an elec- I also want to take this opportunity tion which was widely discredited as to commend Secretary of State Mad- De- Non- Man- de- Crime Total undemocratic. This election, which re- eleine Albright. The Secretary ap- fense fense datory turned the ruling party to power as has peared before the subcommittee to ex- Senate-reported bill: been done in every election since 1971, plain and justify the administration’s Budget authority ...... 16,721 ...... 44 16,765 Outlays ...... 13,083 ...... 44 13,127 was marred by violence that killed 200 increased request for this bill. But she Senate 602(b) allocation: people. Clearly, Indonesia must end its went further than this, further than Budget authority ...... 16,721 ...... 44 16,765 Outlays ...... 13,083 ...... 44 13,127 behavior that has caused so much pain her Democratic and Republican prede- President’s request: and suffering among its people. cessors at the State Department. Sec- Budget authority ...... 16,844 ...... 44 16,888 Outlays ...... 13,171 ...... 44 13,215 Mr. President, section 571 would sim- retary Albright has taken the case for House-passed bill: ply prevent United States military foreign aid and the work of this sub- Budget authority ...... Outlays ...... equipment sold or transferred to Indo- committee directly to the American SENATE-REPORTED BILL COMPARED TO— nesia from being used in East Timor, people. She has done a remarkable job Senate 602(b) allocation: Budget authority ...... the site of the most egregious human conveying to our constituents the ben- Outlays ...... rights violations committed by this efits to the American people of our role President’s request: Budget authority ...... (123) ...... (123) government. The United States should in the world and the importance of con- Outlays ...... (88) ...... (88) have no part of this oppression, par- tinued U.S. leadership abroad. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7585 The foreign operations, export fi- and the west coast of the United I am pleased that the chairman of nancing, and related programs Appro- States. Washington State is as in- the subcommittee, Mr. MCCONNELL has priations bill provides monies to meet volved in the Russian Far East as any offered an amendment to restore the a great number of important policy ini- State in the country. Chairman STE- earmark for Egypt in the bill. I believe tiatives. I want to use my time today VENS is also personally very knowl- that there should be a time in the not to draw attention to just a few of the edgeable about the importance of this too distant future when the earmarks important initiatives. region as Alaska also maintains many for Egypt and Israel should be reduced Importantly and with my full sup- direct ties to the Russian Far East. and finally eliminated. They are in ef- port, this bill fully funds the Adminis- The Committee bill also contains fect entitlements which have ac- tration’s assistance request for our many important provisions to children. counted for a large percentage of our democratic ally Israel. I visited Israel It contains funding for UNICEF and national program, and I do not think late last year with a delegation of my other child survival programs. Our bill they should be regarded as permanent. constituents. It was my first trip to the provides moneys to educate young girls They must be subject to review just as Middle East. The trip was a wonderful as well as provide microcredit loans to the rest of our programs are. Having experience that has benefited me per- young families and women in the de- said that, however, I believe that, so sonally and professionally as I ap- veloping world. These funds make an long as the earmark for Israel remains proach my work at the Foreign Oper- enormous difference in the lives of mil- in the bill, that for Egypt must as well. ations Subcommittee. I met with lions of children and families in the Egypt has been a pillar of strength Prime Minister Netanyahu, with the world. and support for the United States chief Palestinian negotiator, and with I have touched on just a few of the across the board. It has served to pick the Norweigian diplomats who nego- the provisions within this important up the flagging momentum of the tiated the Oslo accords. I met with the bill. Again, I want to thank the man- peace process which resulted from the Ambassador to Israel, toured impor- ager’s for bringing this legislation to negative actions by the Israeli Prime tant historic and cultural sites, and the Senate today. And I encourage my Minister and his right wing constitu- stood atop the Golan Heights. More colleagues to support the foreign oper- ency in initiating inflammatory new than ever, I am convinced that the for- ations legislation. settler housing in disputed Arab terri- eign assistance moneys provided by Mr. BYRD. Mr. President, I wish to tories throwing a cold bucket of water this legislation to Israel and in support commend the managers of the FY 1998 on the momentum of that process. The of the peace process are warranted and Foreign Operations Appropriations bill Egyptian government has acted with of strategic importance to the United for their hard work in fashioning this courage and constancy in bringing its States. measure, and for getting it to the floor good offices to bear as an intermediary This bill is also a key tool in our ef- in a timely manner. The bill appro- between the Israeli government and forts to increase U.S. exports and to priates some $13,244,208,000 for the pro- the Palestinians as a time when the generate new jobs all across the coun- grams in FY 1998, is within its 602(b) United States needed help in that role;. try. The provisions of this bill provid- Allocations, and is below the amount I did not agree with removing the ear- ing moneys for the Export-Import requested by the Administration by mark for Egypt, just at a time when I Bank of the United States, the Over- about $116 million think Egyptian actions were serving as seas Private Investment Corporation The committee in its report indicates invaluable support for the United and the Trade Development Agency are that the time is arriving for a review of States in keeping the peace process vitally important to my constituents. our priorities and programs in this moving against a difficult adverse cur- A recent 1997 study titled, ‘‘Foreign area, a bottom up review and a new rent established by Israeli actions. So, Exports and the Washington State scrutiny over programs and the extent encourage the President of Egypt, Mr. Economy,’’ concluded that ‘‘no state to which they serve U.S. interests Mubarak, to continue his efforts to derives more economic benefit from abroad. I am pleased that the Commit- play the constructive role that he has the production of goods and services tee has focused on the progress we are been playing in the Middle East. for the foreign markets that Washing- making in supporting the growth of de- I would also point out, Mr. President, ton State.’’ Shortly after the turn of mocracy and free market economies in that Egypt and the United States have the century, one in three Washington Eastern Europe, the former states of a special security relationship, a rela- State jobs will be reliant upon inter- the Soviet Union, and Russia and the tionship that proved invaluable to the national trade. Jobs related to trade in Ukraine. Certainly the payoff for help- United States during the Gulf War my state also paid wages 46 percent ing stabilize and nurture the growth of against Kuwaiti aggression, is the basis higher than the State average. These solid democratic institutions is far for extensive exercises and joint oper- trade promotion programs are priority preferable to the extreme expense of ations day in and day out, together in issues for me and I am pleased that maintaining arms races, such as we the Middle East. Our two nations work we’ve met the administration’s request had to do during the course of over four closely together to counter terrorism, for these programs. In the case of the decades of cold war. and extremism, to protect the secure Ex-Im Bank, the subcommittee has ex- I am pleased that the Committee has flow of oil from that region, and the ceeded the administration’s request. included a provision that I suggested to safe use of the vital air and sea routes Another key component of this bill is provide traditional incentives, through in the region. It should be clear that our assistance program to Russia and programs such as the EXIM Bank, Egypt’s important strategic, geo- the newly independent states. This as- OPIC, the Trade and Development Pro- graphical position, commanding the sistance is as important as any granted gram and the Foreign Commercial waterways linking the Gulf, Europe by the United States. It is a small price Service, to American companies oper- and the United States, makes her an to pay to ensure that the trillions of ating in the oil-rich new sovereign na- indispensable strategic partner of the dollars spent on the cold war does not tion of Azerbaijan. The bill pays appro- United States. This is a relationship go to waste. Certainly there are prob- priately high attention to the that requires nurturing and regular lems on the ground in Russia and the Caucasus, including Georgia, and Ar- dialogue and support. NIS countries; religious persecution, menia, as well as Azerbaijan, and I Mr. BIDEN. Mr. President, I support political and economic corruption, think it is appropriate. American com- the foreign operations appropriations weapons proliferation and environ- panies need the unstinting support of bill now before the Senate, which will mental pollution to name just a few. our government so as to compete effec- provide the necessary funds for foreign The United States must be diligent in tively in that region, in light of the assistance programs of the United tackling these problems as they arise fact that foreign nations provide heavy States in the coming fiscal year. For- in our continuing efforts to promote assistance to their firms in that region. eign aid is an important component of and support democracy. We need to keep the playing field level U.S. foreign policy. In addition to I am particularly interested in our so that our firms stand a fighting being a tangible demonstration of efforts to increase and highlight the change of success in that region in the American leadership, it is a key instru- linkages between the Russian Far East development of Caspian region oil. ment in encouraging and supporting S7586 CONGRESSIONAL RECORD — SENATE July 16, 1997 American values of democracy, respect enhanced funding levels for foreign as- Mr. President, eliminating the symp- for human rights, and free trade. sistance programs. toms and the causes of this problem is In recent years, foreign policy spend- I wish to congratulate Senator not only the humane thing to do. It is ing has suffered drastic cutbacks. Ac- MCCONNELL and Senator LEAHY once also a necessary prerequisite for global cording to a study of the Congressional again for their work on this important stability and for global prosperity. Research Service, prepared earlier this piece of legislation. I urge my col- In my view, Mr. President, Congress year at my request, foreign policy leagues to support it. needs to maintain its support for these spending for the current fiscal year is CHILD SURVIVAL AND DISEASE PROGRAMS very valuable programs. It is my hope at its lowest level in 20 years. Mr. DEWINE. Mr. President, I express that the Senate Foreign Operations Moreover, the steepest reductions in my strong support for the child sur- Subcommittee will, when we go to con- our foreign policy budget have come in vival and disease program fund. I un- ference, accept the House language. foreign assistance, which at $11.5 bil- derstand that the House Committee on The child survival and disease pro- lion last year, in fiscal year 1998 dol- Appropriations, as a part of its foreign grams are effective, they are impor- lars, is lower, in real terms, than any operations, export financing, and relat- tant, and they should, Mr. President, year of the last twenty, and some 36 ed programs bill, has recommended be continued. percent below the historical average of that $650 million be allocated to the Mr. President, I see the distinguished that period. fund’s programs for fiscal year 1998. On chairman of the Senate Foreign Oper- Mr. President, this year’s foreign op- the House side, the subcommittee ations Subcommittee on the floor, and erations bill thankfully has started to Chairman CALLAHAN has taken the my colleague from the State of Ken- reverse this precipitous decline. It pro- lead, as my colleague from Ohio, Con- tucky. I wonder if he has any comment vides $13.24 billion for foreign assist- gressman TONY HALL, has also in pro- about this. Mr. MCCONNELL. Mr. President, I ance and export financing programs. I tecting these child survival programs. I have listened closely to the comments commend the Appropriations Commit- commend him for his leadership on this of my good friend from Ohio, and I tee for its hard work and applaud the issue. would like to thank him for them and bipartisan effort its members have The Clinton administration, however, commend him for his tireless efforts in shown in enhancing the level of fund- has not specifically designated any di- supporting the children’s causes, not ing for our Nation’s foreign assistance rect funding for the child survival pro- only here in the United States but programs. grams. Mr. President, in order to pre- throughout the world. This legislation provides enhanced serve the benefits of these important I would like to assure my good friend funding for critical foreign assistance programs for children worldwide, I be- from Ohio that I will give every pos- programs, a few of which I will men- lieve that the Senate should accept, sible consideration to his request when tion briefly. when we go to conference, the House we go to conference with the House on The Appropriations Committee has language that was agreed to in com- the bill. recognized the importance of develop- mittee for this fund. It is, I believe, Mr. Mr. DEWINE. I appreciate that very ment assistance programs by providing President, a tragedy, that millions of much. $1.8 billion, $100 million over the Presi- children die each year through disease, Mr. President, if I could inquire of dent’s request. malnutrition, and other consequences my colleague from Kentucky, I have a While the $485 million appropriated of poverty that are both preventable statement which I would like to give at for the seed program for newly democ- and treatable. The programs in the some point this evening in regard to ratizing countries in Eastern Europe is child survival fund, which are intended the vote we are going to have tomor- regretfully below the President’s re- to reduce infant mortality and improve row. I can refrain from doing that if it quest, the Committee’s recommenda- the health and nutrition of children, works with the chairman’s schedule, or tion of $800 million for the nations of address the various problems of young I can do it now. the former Soviet Union will allow our people struggling to survive in develop- Mr. MCCONNELL. I have a block of Nation to continue its efforts to bring ing countries. amendments that have been cleared on democracy, stability, and prosperity to Mr. President, this fund places a pri- both sides that I would like to offer. those former Communist States. ority on the needs of more than 100 Senator BENNETT is also here. Mr. President, I am somewhat con- million children worldwide who are dis- Mr. DEWINE. I yield the floor at this cerned about the considerable number placed and/or who have become or- time, Mr. President. of earmarks in this bill, and the num- phans. The fund includes initiatives to The PRESIDING OFFICER. The Sen- ber of ‘‘subearmarks,’’ that is, designa- curb the resurgence of communicable ator from Kentucky. tion of funds for specific programs diseases, such as malaria and tuber- AMENDMENTS NUMBERED 904 TO 919, EN BLOC within specific countries in Eastern culosis, in the underdeveloped world, Mr. MCCONNELL. Mr. President, I Europe and Eurasia. eradicating polio, as well as preventing am going to submit all of the following I am not opposed to earmarks in and controlling the spread of HIV and to be considered en bloc. They have principle; Congressional priorities AIDS. been approved by Senator LEAHY. often differ with those of the executive Mr. President, aside from the ad- A Kyl amendment earmarking legal branch, and the Congress has every dressing issues of health, the fund also aid for Ukraine; a Kyl amendment add- right to protect those priorities by spe- supports basic education programs. In- ing ballistic missiles to Iran restric- cific earmarks. vestment in education yields one of the tions; a Baucus amendment relating to But the proliferation of such provi- highest social and economic rates of the P.R.C. environment programs; an sions unduly limits the administra- return because it gives children the Enzi amendment relating to climate tion’s flexibility in a region that is necessary tools to become self-suffi- change; a Hagel amendment authoriz- constantly in flux. So I hope the com- cient adults. Each additional year of ing OPIC; a Lautenberg-Kennedy mittee will consider reducing the num- primary and secondary education re- amendment on Libya; a Leahy amend- ber of earmarks in the conference with sults in a 10-to-20 percent wage in- ment on war crimes; a Domenici Law the House. crease, and a 25-percent net increase in Enforcement Center amendment; a Mr. President, unfortunately it has income. Dodd amendment on IMET in Latin become popular of late to assert that Mr. President, the programs sup- American; an amendment by Senator foreign aid is merely the foreign policy ported by the child survival fund are TORRICELLI on terrorism in Sri Lanka; equivalent of welfare—a supposed mas- effective, and they are effective be- a Durbin amendment on Peru IMET; a sive giveaway that yields few benefits cause they save three million lives Leahy-Lugar-Sarbanes amendment on to American interests. each year through immunization, vita- bank authorization; a D’Amato-Helms- To the contrary, American contribu- min supplementation, oral rehydration Faircloth amendment on the NAB; a tions to these efforts are an important therapy, and also through the treat- Leahy amendment on demining; a way in which we protect our interests ment of childhood respiratory infec- Faircloth amendment on the Congo; abroad, a fact that the Appropriations tions which are the second largest kill- and a Lott, et al, amendment on NATO Committee has recognized through its er of children on Earth. expansion. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7587 Mr. President, I send those amend- ministration. It offers technical help That is why this amendment has got- ments to the desk en bloc. with environmental policy, and brings ten very broad support. The State De- The PRESIDING OFFICER. The foreign governments together with partment supports it. American envi- clerk will report. American producers of environmental ronmental and business groups support The legislative clerk read as follows: services and technologies. it. And Chinese dissidents, support it. The Senator from Kentucky [Mr. MCCON- In several Southeast Asia countries, Let me quote from a letter I received NELL] proposes amendments numbered 904 AEP has helped us achieve environ- from the China Strategic Institute, through 919 en bloc. mental goals and to boost American founded by former political prisoner Mr. MCCONNELL. Mr. President, I exports to a region where we suffer Wang Juntao: ask unanimous consent that reading of large trade deficits. But the Asian En- The China Strategic Institute is pleased to the amendments be dispensed with. vironmental Partnership does not now learn of your efforts to bring the US-Asia The PRESIDING OFFICER. Without operate in China. That is because it re- Environmental Partnership to the People’s Republic of China. Not only can such a pro- objection, it is so ordered. ceives some funds from the Agency for gram assist China in combating the severe The amendments en bloc are as fol- International Development, which is environmental degradation that plagues the lows: barred from operating in China. Chinese population, but also . . . the devel- AMENDMENT NO. 904 It is very clear, of course, that we do opment of civil society. I strongly hope that (Purpose: To allocate funds for legal restruc- not need a foreign aid program for this amendment finds the support to become turing in Ukraine necessary to support a China. China has a lot of money and is law. decentralized market-oriented economic quite capable of supporting itself. To sum up, with this amendment we system) But it is just as clear that we need a can do something good for everyone. On page 23, line 17, insert after ‘‘Provided,’’ sound approach to environmental prob- By passing it, we can promote Amer- the following: ‘‘That of the funds made avail- lems in China. Whether you look at ican exports. We can do something able for Ukraine under this subsection, not water pollution, urban air, rural lakes good for the Chinese people. We can less than $25,000,000 shall be available only and streams, or hazardous waste, China promote the interest of both countries for comprehensive legal restructuring nec- is one of the world’s most polluted in a healthy environment. And we essary to support a decentralized market-ori- won’t spend any more money. So I hope ented economic system, including the enact- countries. That causes a great deal of suffering for Chinese people. And as the Senate will support it. ment of all necessary substantive commer- Thank you, Mr. President. cial law and procedures, the implementation China grows, it makes more and more of reforms necessary to establish an inde- contribution to global climate change, AMENDMENT NO. 907 pendent judiciary and bar, the education of ocean pollution, and other phenomena (Purpose: To ensure Congressional notifica- judges, attorneys, and law students in the which affect China’s neighbors and tion of the costs to the Federal Govern- comprehensive commercial law reforms, and ment of all federal programs associated even us here in the United States. with the proposed agreement to reduce public education designed to promote under- We in America can help ease these standing of commercial law necessary to greenhouse gas emissions pursuant to the Ukraine’s economic independence: Provided problems. We can provide some human- Framework Convention on Climate Change further,’’. itarian relief from needless suffering (FCCC) caused by unsafe water, air and waste. At the appropriate place in the bill, insert AMENDMENT NO. 905 We can help protect ourselves from fu- the new section as follows: (Purpose: To prohibit assistance to Russia ture environmental threats. SEC. . REQUIREMENTS FOR THE REPORTING TO unless Russia terminates activities relat- And we can gain some benefit for CONGRESS OF THE COSTS TO THE FEDERAL GOVERNMENT ASSOCI- ing to ballistic missile or nuclear programs ourselves in the process. We are among ATED WITH THE PROPOSED AGREE- in Iran) the world’s most competitive producers MENT TO REDUCE GREENHOUSE On page 25, line 24, insert after ‘‘reactor’’ of environmental goods and services, GAS EMISSIONS. the following: ‘‘or ballistic missiles’’ and with some effort we can create a (a) The President shall provide to the Con- gress a detailed account of all federal agency large foreign market for our compa- AMENDMENT NO. 906 obligations and expenditures for climate nies. change programs and activities, domestic (Purpose: To permit funds made available to That brings me to the second reason the United States-Asia Environmental and international, for FY 1997, planned obli- we need this amendment. That is, we gations for such activities in FY 1998, and Partnership to be used for activities for any plan for programs thereafter in the con- the People’s Republic of China) need an export promotion policy for China. text of negotiations to amend the Frame- On page 102, between lines 9 and 10, insert work Convention on Climate Change (FCCC) the following: Last year, we exported about $14 bil- lion worth of goods and services to to be provided to the appropriate congres- USE OF FUNDS FOR THE UNITED STATES-ASIA sional committees no later than October 15, China, while importing about $51 bil- 1997. ENVIRONMENTAL PARTNERSHIP lion. So we had a $37 billion deficit. SEC. . Notwithstanding any other provi- Mr. MCCONNELL. Mr. President, let This year’s figures look no better. me commend the Senator from Wyo- sion of law that restricts assistance to for- The main reason for this deficit is eign countries, funds appropriated by this or ming for his efforts to fully disclose all any other Act making appropriations pursu- the massive set of tariffs, discrimina- the resources the Administration has ant to part I of the Foreign Assistance Act of tory inspection standards, quotas and allocated to the climate change issue. 1961 that are made available for the United other trade barriers erected by the Chi- To my knowledge nobody has been able States-Asia Environmental Partnership may nese government. But a second rea- to determine how much or from what be made available for activities for the Peo- son—one which we don’t really like to offices funds been spent on global cli- ple’s Republic of China. admit to ourselves—is that we do very mate change. Mr. BAUCUS. Mr. President, this is a little export promotion to China. It is imperative that we have a clear short, simple amendment dealing with Germans, Japanese, Southeast understanding of the resources being our China policy. It has the support of Asians and other competitors push ex- expended from all federal agencies and the State Department; business; and ports as hard as they can. We don’t offices for the purposes of education, Chinese dissidents. I hope it will also match their efforts anywhere in the lobbying and research. get the support of Congress. world, and we do worst of all in China, AMENDMENT NO. 908 The amendment, very simply, allows where agencies like AEP can’t operate. (Purpose: To amend the Foreign Assistance the Asian Environmental Partnership There is no doubt that costs us. Act of 1961 with respect to the authority of to operate in China. It does not add This is basically common sense. It is the Overseas Private Investment Corpora- any spending to the bill, and does not good for everyone. For no additional tion to issue insurance and extend financ- change the basics of the program in money, this amendment will help us ing) any way. So I hope this will not be con- export and improve our trade balance. On page 102, between lines 9 and 10, insert troversial. It will help us deal with some very dif- the following: Let me begin with a review of what ficult environmental problems. And it SEC. . AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING. the Asian Environmental Partnership will, to some extent, supplement our (a) IN GENERAL.—Sectin 235(a) of the For- does. AEP is a small export promotion human rights goals by making life in eign Assistance Act of 1961 (22 U.S.C. 2195(a)) program created during the Bush Ad- China a little better. is amended— S7588 CONGRESSIONAL RECORD — SENATE July 16, 1997 (1) by striking paragraphs (1) and (2)(A) soil in violation of the sanctions. These There have also been several in- and inserting the following: countries include Niger, Nigeria, Saudi stances in which other countries have ‘‘(1) INSURANCE AND FINANCING.—(A) The Arabia, Egypt, and Ghana. permitted Libyan planes to land in maximum contingent liability outstanding The amendment we are offering their territory, despite the U.N. prohi- at any one time pursuant to insurance issued today would force countries that help under section 234(a), and the amount of fi- bition on such landings. nancing issued under section 234(b) and (c), Libya violate U.N. sanctions to choose If there are no consequences for vio- shall not exceed in the aggregate between 5 percent of their foreign as- lating the U.N. sanctions then the $29,000,000,000.’’; sistance and their support of a terror- sanctions are useless. If the United Na- (2) by redesignating paragraph (3) as para- ist state. tions is unwilling to enforce its own graph (2); and The amendment is forward looking. sanctions, the United States is left (3) by amending paragraph (2) (as so redes- It does not penalize any country for with no other choice but to impose uni- ignated) by striking ‘‘1997’’ and inserting past actions. Let me repeat that. It lateral measures. ‘‘1999’’. does not penalize any country for past In this unsatisfactory situation, the (b) CONFORMING AMENDMENT.—Paragraph actions. Nor does it single out any Lautenberg amendment is a modest (2) of section 235(a) of that Act (22 U.S.C. 2195(a)) as redesignated by subsection (a), is country. but necessary step for the United further amended by striking ‘‘(a) and (b)’’ Rather, it lays down a marker and States to take. Its provisions are not and inserting ‘‘(a), (b), and (c)’’. sends a signal that in the future violat- retroactive, but it puts other countries ing the international sanctions against on notice for the future. If they violate AMENDMENT NO. 909 Libya will have a financial cost. the U.N. sanctions against Libya, their (Purpose: To withhold assistance to coun- I urge my colleagues to adopt this action will cost them part of the U.S. tries that are violating United Nations amendment. aid they receive. sanctions against Libya) Mr. KENNEDY. Mr. President, I’m I urge the Senate to approve the On page 102, between lines 9 and 10, insert honored to be a sponsor of Senator amendment, and to take this reason- the following: LAUTENBERG’s amendment to withhold able step to see that justice is done for WITHOLDING ASSISTANCE TO COUNTRIES VIOLAT- 5 percent of United States assistance the victims of the Pan Am flight 103 ING UNITED NATIONS SANCTIONS AGAINST from any country which, in the future, terrorist atrocity. LIBYA violates the United Nations sanctions Mr. TORRICELLI. Mr. President, I SEC. 575. (a) WITHHOLDING OF ASSISTANCE.— against Libya. am proud to be an original co-sponsor Except as provided in subsection (b), when- It is nearly 9 years since December of the Kennedy-D’AMATO amendment, ever the President determines and certifies 1988, when Pan Am flight 103 was which would restrict aid to those coun- to Congress that the government of any bombed out of the sky over Lockerbie, tries which fail to comply with the country is violating any sanction against Scotland, killing 270 people, including United Nations sanctions against Libya imposed pursuant to United Nations 189 Americans. In 1991, after an exten- Libya. I rise today in strong support of Security Council Resolution 731, 748, or 883, sive international investigation, two then not less than 5 percent of the funds al- its passage. located for the country under section 653(a) Libyans were indicted for that terror- Earlier this month the U.N. Security of the Foreign Assistance Act of 1961 out of ist bombing, but they have never been Council renewed international sanc- appropriations in this Act shall be withheld brought to trial because the Govern- tions against Libya, as they have every from obligation and expenditure for that ment of Libya continues to defy the 120 days since they were first imposed country. international community. in 1992. Unfortunately, Mr. President, (b)EXCEPTION.—The requirement to with- United Nations sanctions against despite the fact that Libya refuses to hold funds under subsection(a) shall not Libya were first adopted in 1992. These comply with the will of the inter- apply to funds appropriated in this Act for sanctions prohibit international flights national community and extradite to allocation under section 653(a) of the Foreign to and from Libya, the supply to Libya the United States or Great Britain two Assistance Act of 1961 for development as- of aircraft, aircraft parts, military sistance or for humanitarian assistance. Libyan nationals indicted as suspects equipment and certain oil equipment. in the murders of 270 people, the sanc- Mr. LAUTENBERG. Mr. President, I They also freeze funds of the Libyan tions renewal was challenged by sev- am pleased that Senator KENNEDY is an Government and reduce the size of Lib- eral African states. original cosponsor of this amendment yan diplomatic missions abroad. This challenge is just the latest epi- along with Senators MOYNIHAN, It is obvious that the current sanc- sode in Libya’s arrogant international D’AMATO, and TORRICELLI. tions are too mild to bring about the campaign to avoid the justified oppro- This amendment would withhold 5 surrender of the suspects by Libya. brium of the international community. percent of funds made available in this Senator LAUTENBERG and I, and many Libya has gone so far as to intrude on bill to any country that the President of our colleagues on both sides of the the privacy of the victims of its crimi- determines violates United Nations aisle, have repeatedly called for strong- nality by writing directly to the Amer- sanctions against Libya. The amend- er sanctions, including an inter- ican families of Pan Am 103 proposing ment exempts development assistance national oil embargo against Libya, be- their supposed ‘‘compromise’’ with and humanitarian assistance. cause additional sanctions are clearly international law directly to the fami- As my colleagues know, the United necessary to achieve their goal and see lies. Mr. President, I cannot overesti- Nations imposed sanctions against that justice is done. Regrettably, many mate how damaging it is to the inter- Libya in 1992 in response to the Libyan of our European allies buy Libyan oil, ests of all democratic governments for Government’s failure to extradite to and have been unwilling to take this Libya to be thrown a lifeline by the Af- the United States or Scotland two Lib- step. rican members of the security council. yan intelligence agents indicted for the Even the current mild sanctions Libya’s U.N. Ambassador reportedly 1988 bombing of Pan Am Flight 103. One against Libya are not being enforced. said after the Security Council vote, hundred and eighty-nine Americans According to the Department of State, ‘‘We can from now on behave as if these were killed in that terrorist bombing. numerous violations of the sanctions sanctions were not there.’’ These sanc- The families of those innocent victims have occurred. But when the United tions are there, and they will remain. are still waiting for justice. States brings such cases to the atten- There are several episodes over the Among other things, the U.N. sanc- tion of the sanctions committee at the past two years that highlight the need tions prohibit international flights United Nations, the committee refuses for this amendment. Earlier this year, into and out of Libya. They also pro- to investigate them. a Libyan-registered aircraft flew from hibit supply to Libya of aircraft and Recently, for example, the United Libya to Niger and returned to Nigeria aircraft components. States provided evidence to the Secu- despite U.N. sanctions. Last July, Nonetheless, some countries in the rity Council sanctions committee, in- Muammar Qaddafi left Tripoli to at- international community continue to volving attempts by Libya to import tend an Arab summit meeting in Cairo. help Libya’s Khadaffi violate the sanc- aircraft parts, via Belgrade, in viola- He arrived in Egypt by plane and left tions. tion of the U.N. sanctions. The sanc- by plane, a clear violation of the ban For example, five countries have al- tions committee refused to investigate on air travel. In December, the CIA re- lowed Libyan airlines to land on their this violation. vealed that Ukraine agreed to three July 16, 1997 CONGRESSIONAL RECORD — SENATE S7589 different arms deals with Libya. The gaps in our Nation’s implementation of will constitute a war crime under this first involved the sale of $500 million the Geneva and Hague Conventions. amendment, once the United States worth of short-range ballistic missiles. The War Crimes Act of 1996 only per- ratifies this important protocol. A second deal called for Ukraine to mits prosecution for war crimes in the The International Committee of the provide maintenance services and spare United States if the person accused of Red Cross, the American Red Cross, the parts valued at $10 million. The third committing the crime, or the victim of State Department, the Department of agreement involved Iran’s purchase of a war crime, is a national of the United Defense, and President Clinton all sup- Ukrainian weapons with the intent of States or a member of the U.S. Armed port the expansion of United States transferring them to Libya. Forces. While noble in its intent, that prosecutorial authority as it is con- Today we have made clear our deter- act does not permit the United States tained in this amendment. With its mination to bring to justice those who to prosecute non-U.S. nationals who adoption, we will be following in the destroyed 270 lives and brought suffer- come within our jurisdiction. It leaves footsteps of Great Britain, Canada, ing on countless other loved ones. I am the United States open as a potential New Zealand, and Australia—each of pleased to join my colleagues in spon- safe-haven for war criminals seeking to which passed similar laws in the 1950’s. soring legislation to deny United escape prosecution. It is time for us to join them. States assistance to any countries that Currently, we have no extradition AMENDMENT NO. 911 violate international sanctions against treaties with 75 nations including So- Libya. We will make it clear to Libya malia, Cambodia, Afghanistan, Leb- (Purpose: To Allocate Funds for a Western that this pariah regime cannot escape anon, and Iran. If a war criminal from Hemisphere International Law Enforce- the consequences of its lawless behav- any of these countries takes refuge in ment Academy (ILEA)) ior. the United States, we cannot extradite On page 28 line 19 after the word ‘‘country’’ insert the following: AMENDMENT NO. 910 him. The alternative—deportation—is ‘‘Provided further. That of this amount not At the appropriate place in the bill, insert a long and complex process which be- to exceed $5 million shall be allocated to op- the following: comes even more difficult when the ac- erate the Western Hemisphere International SEC. . WAR CRIMES PROSECUTION. cused is to be deported to a specific country. Even if deportation is success- Law Enforcement Academy under the aus- (a) Section 2401 of Title 18, United States pices of the Organization of American States Code (Public Law 104–192; the War Crimes ful, a war criminal may be returned to with full oversight by the Department of Act of 1996) is amended as follows: a country in which the judicial system State.’’ (1) in subsection (a), by striking ‘‘commits is nonfunctional—Cambodia, for exam- a grave breach of the Geneva Conventions’’ ple—thus escaping prosecution alto- Mr. DOMENICI. Mr. President, this and inserting in lieu thereof ‘‘commits a war gether. amendment to the foreign operations crime’’; My amendment allows us to pros- appropriations bill asks that $5 million (2) in subsection (b)— of the funding appropriated for inter- (A) by striking ‘‘the person committing ecute war criminals located in the United States, regardless of their na- national narcotics control be allocated such breach or the victims of such breach’’ out of existing funds for the establish- and inserting in lieu thereof ‘‘the person tionality. The amendment in no way committing such crime or the victim of such obligates the United States to pros- ment of an international law enforce- crime’’; and ecute war crimes, nor does it permit ment training academy [ILEA] for the (B) by inserting before the period at the the extradition of non-U.S. nationals of Western Hemisphere. end of the subsection ‘‘or that the person the United States for prosecution if the The State Department set up the committing such crime is later found in the victims of the crime are not United International Law Enforcement Acad- United States after such crime is commit- emy in Budapest, Hungary, in 1995 and ted’’; States nationals. Any case undertaken (3) in subsection (c)— by our Government requires written has since trained 300 law enforcement (A) by striking ‘‘the term ‘grave breach of notification to the Congress by the At- officials. the Geneva Conventions’ means conduct de- torney General, who must take into This amendment would establish a fined as’’ and inserting in lieu thereof ‘‘the consideration U.S. national interests similar international law enforcement term ‘war crime’ means conduct (1) defined and the necessity of U.S. prosecution, training academy but for the Western as’’; and to assure a just resolution in each case. Hemisphere and for which the Presi- (B) by inserting the following before the period at the end: ‘‘; (2) prohibited by Arti- The United States will not be drawn dent requested in his 1998 budget. cles 23, 25, 27, or 28 of the Annex to the Hague into international conflicts where we Mr. President, the allocated funds Convention IV, Respecting the Laws and have no significant national interest. would be for operations of such an Customs of War on Land, signed on October, The amendment expands the scope academy and a facility would need to 1907; (3) which constitutes a violation of and offers a more specific definition of be found. I understand that the State common Article 3 of the international con- what constitutes a war crime that the Department has been trying to find ventions signed at Geneva on August 1949; or 1996 act. The 1996 act only refers to such a facility for the past year, but we (4) of a person who, in relation to an armed grave breaches of the 1949 Geneva Con- have not reached an agreement among conflict and contrary to the provisions of the ventions which are defined as willful Protocol on Prohibitions or Restrictions on Latin American countries. the Use of Mines, Booby-traps and Other De- killing, torture or inhuman treatment, My amendment would allow the vices as amended at Geneva on 3 May 1996 including biological experiments, will- academy to be established in consulta- (Protocol II as amended on 3 May 1996), when fully causing great suffering or serious tion with the Organization of American the United States is a party to such Proto- injury to body or health, and extensive States, representing our Central and col, willfully kills or causes serious injury to destruction of property, not justified Latin American neighbors. civilians’’; by military necessity and carried out Mr. President, I do not have to ex- (4) by adding a new subsection (d) to read unlawfully or wantonly.’’ as follows: My proposed 1997 amendments also plain the terrorist and narcotic threats ‘‘(d) NOTIFICATION.—No prosecution of any covers articles of the 1907 Hague Con- in this hemisphere. The ILEA is a way crime prohibited in this section shall be un- for the United States to establish law dertaken by the United States except upon vention IV which clarify actions pro- hibited in war. enforcement networks that lead to a the written notification to the Congress by more effective approach to fighting the Attorney General or his designee that in The inclusion of common article 3 of his judgment a prosecution by the United the Geneva Conventions is vital in that international organized crime and drug States is in the national interest and nec- it expressly allows the United States to trafficking. essary to secure substantial justice.’’. prosecute war crimes perpetrated in Such an academy would help us cre- Mr. LEAHY. Mr. President, I am very noninternational conflicts, such as ate closer working relationships and pleased that my amendment to Bosnia and Rwanda. In January 1997, networks with foreign police that are strengthen our ability to prosecute war there were a reported 35 such internal needed to find fugitives and combat fi- criminals in the United States has been conflicts, from Algeria to Kasmir. nancial corruption. accepted by the Republican side. Finally, violations of the protocol on I urge Senators to vote in support of This amendment, which builds on the prohibitions or restrictions on the use a Western Hemisphere international War Crimes Act of 1996, closes some of mines, booby-traps and other devices law enforcement academy. S7590 CONGRESSIONAL RECORD — SENATE July 16, 1997 AMENDMENT NO. 912 appropriate committees of Congress on the manuals espoused practices that can (Purpose: To provide for the reform and an- progress made to improve military training only be described as coercion, torture, nual review of United States sponsored of Latin American participants in the areas and assassination. training programs of Latin American mili- of human rights and civilian control of the I know that the Defense Department tary personnel at the School of the Ameri- military. The Secretary shall include in the report plans for implementing additional ex- has looked into the background of cas and elsewhere to ensure that training these manuals, and has found, not once is consistent with respect for human rights panded IMET programs for Latin America and civil control over the military) during the next 3 fiscal years. but twice, that mistakes were made— but that no one is really responsible. At the appropriate place in the bill, insert Mr. DODD. Mr. President, I would the following: like to rise to comment on the amend- Frankly, it defies credibility to ac- cept one of the central conclusions of REFORM AND REVIEW OF UNITED STATES ment that may be offered by the distin- the 1997 Defense Department inspector SPONSORED TRAINING PROGRAMS guished Senator from Illinois [Mr. DUR- general’s review of this. SEC. . (a) FINDINGS.—Congress makes the BIN]. His amendment would seek to following findings: close, once and for all, the U.S. Army Among other things, the IG con- (1) United States training of members of School of the Americas, presently lo- cluded that while, Latin American military and security forces cated at Fort Benning, GA. . . . five of the seven manuals contained that occurred primarily at the Army School I am totally sympathetic with the in- language and statements in violation of of the Americas between 1982 and 1991 has legal, regulatory, or policy prohibitions, been severely criticized for promoting prac- tent of the Senator’s amendment. such as motivation by fear, payment of tices that have contributed to the violation Clearly the entire history of the School bounties for enemy dead, false imprison- of human rights and have otherwise been in- of the America’s, and particularly the ment, and the use of truth serum . . . . Army consistent with the appropriate role of the period from 1982–1991, is shameful. It personnel involved in the preparation and Armed Forces in a democratic society. has left a legacy that is an ugly blem- presentation of the intelligence courses did (2) Numerous members of Latin American ish on our country’s credibility as an not recognize that the training materials military and security forces who have par- advocate of full respect for human contravened DOD policy and [there was] no ticipated in United States sponsored training rights and the rule of law in a region evidence that a deliberate and orchestrated programs, have subsequently been identified attempt was made to violate DOD or U.S. as having masterminded, participated in, or where human rights violations have oc- Army policies. curred with impunity. sought to cover up some of the most heinous So much for any sensitivity with re- Like Senator DURBIN, I believe that human rights abuses in the region. spect to human rights that United (3) United States interests in Latin Amer- the United States has a special obliga- ica would be better served if Latin American tion to promote democracy throughout States troops are supposed to be indoc- military personnel were exposed to training the world, and most especially in our trinated in. programs designed to promote— own hemisphere. School of the Americas instructors (A) proper management of scarce national Given the recent history of military tutored Latin American military per- defense resources, sonnel in how to use threats of force (B) improvements in national systems of rule in many countries in the region, it is particularly important that the with prisoners, neutralize opponents, justice in accordance with internationally hold prisoners in clandestine jails, and recognized principles of human rights, and United States strongly support the (C) greater respect and understanding of concept of civilian control over na- infiltrate and spy on civilian organiza- the principle of civilian control of the mili- tional military institutions. tions and opposition political parties tary. It also means highlighting the impor- for at least 10 years. Despite the fact (4) In 1989, Congress mandated that the De- tance of respecting the human rights of that such training explicitly violates partment of Defense institute new training all the peoples of the hemisphere. And, U.S. policy. programs (commonly referred to as expanded The IG does not deny that such train- IMET) with funds made available for inter- in particular, the obligation of mili- tary and security forces throughout ing was a clear violation of U.S. policy, national military and education programs in but attributes it to the equivalent of order to promote the interests described in the region that they do so. Finally it paragraph (3). Congress also expanded the means stressing the principle that na- staff error. The IG found that— definition of eligibility for such training to tional military and security forces are .. . from 1982 to 1991, many mistakes were include non-defense government personnel accountable for acts that fall short of made and repeated (with respect to use of from countries in Latin America. these manuals) by numerous and continually acceptable international human rights changing personnel in several organizations (5) Despite congressionally mandated em- standards and practices. phasis on expanded IMET training programs, from Panama to Georgia to Washington, DC. only 4 of the more than 50 courses offered an- I would say to my colleague from Illi- Lack of attention to the Department of De- nually at the United States Army School of nois, that if closing down the School of fense and U.S. Army policies and procedures the Americas qualify as expanded IMET. the Americas would remedy all of the by those personnel and organizations per- (b) LIMITATION ON USE OF FUNDS.—Notwith- evils that have been perpetrated by a petrated the assumption that the materials standing any other provision of law, none of number of individuals trained there in the Spanish language intelligence manu- the funds appropriated in this Act under the over the years, I would strongly sup- als were proper and doctrinally correct. heading relating to international military port his effort. I don’t know anything about the education and training may be made avail- Unfortunately, even if we were to background of the current IG who able for training members of any Latin shut the doors at the School of the came to this conclusion. American military or security force until— (1) the Secretary of Defense has advised Americas tomorrow, that would not be But I think it is safe to say that if he/ the Secretary of State in writing that 30 per- the case. Moreover, the School of the she had bothered to review the exten- cent of IMET funds appropriated for fiscal Americas is not the only location sive Congress debate that occurred dur- year 1998 for the cost of Latin American par- where Latin American military person- ing much of this same time period over ticipants in IMET programs will be disbursed nel receive United States-supported United States policy with respect to only for the purpose of supporting enroll- training. Latin America—he would have found ment of such participants in expanded IMET Equally important is acknowledg- the often stated concern about the sub- courses; and ment that countries throughout the re- stantial human rights abuses that were (2) the Secretary of State has identified sufficient numbers of qualified, non-military gion have legitimate national security being perpetrated by members of these personnel from countries in Latin America interests that necessitate the existence military forces, particularly those in to participate in IMET programs during fis- of national armed forces in these coun- Central America. cal year 1998 in consultation with the Sec- tries. Those of us who were here remember retary of Defense, and has instructed United Shutting the School of the Americas only too well that the Department of States embassies in the hemisphere to ap- doesn’t obviate the need that regional Defense was being queried on a weekly prove their participation in such programs militaries get the right kind of train- basis about all aspects of U.S. policy so that not less than 25 percent of the indi- ing for their personnel. during that time period—including the viduals from Latin American countries at- I have had the opportunity to review training and other support the United tending United States supported IMET pro- grams are civilians. excepts from the manuals that were States was providing to these military (c) REPORT.—Not later than 1 year after utilized in the training of Latin Amer- and security forces. the date of enactment of this act, the Sec- ican personnel throughout the 1980’s Many of us in this body who partici- retary of State shall report in writing to the and into the early 1990’s. Clearly these pated in those rancorous debates could July 16, 1997 CONGRESSIONAL RECORD — SENATE S7591 take up hours here today reliving that list the Liberation Tigers of Tamil Eelam as AMENDMENT NO. 914 period. a terrorist organization. (Purpose: To limit international military But that isn’t a good use of the Sen- Mr. TORRICELLI. Mr. President, I education and training assistance for Peru) At the appropriate place in the bill insert ate’s time, nor does it do anything to would like to thank Chairman MCCON- the following: address the underlying concerns with NELL and Senator LEAHY for accepting respect to the nature and content of this amendment expressing the Sense LIMITATION ON INTERNATIONAL MILITARY EDU- CATION AND TRAINING ASSISTANCE FOR PERU United States-sponsored military of the Senate that the State Depart- training programs for the Latin Amer- SEC. . None of the funds appropriated or ment should list the Liberation Tigers otherwise made available by this Act may be ican and Caribbean region. of Tamil Eelam [LTTE] as a terrorist The amendment that I will offer at provided to the Government of Peru for organization. I believe that the LTTE international military education and train- the appropriate time would go to the meets the criteria approved during the ing under chapter 5 of part II of the Foreign heart of this. It would not close the 104th Congress to designate terrorist Assistance Act of 1961, unless the President School of the Americas. Rather, it organizations, and I urge the State De- certifies to Congress that the Government of would mandate that at least 36 percent partment to carefully examine the evi- Peru is taking all necessary steps to ensure of IMET-supported course curriculum dence. that United States citizens held in prisons in be for, so-called expanded IMET Peru are accorded timely, open, and fair courses—namely those devoted to Section 302 of the Antiterrorism and legal proceedings in civilian courts. training Latin American Armed Forces Effective Death Penalty Act of 1996 de- Mr. LEAHY. Mr. President, I support in skills that will better prepare them fines a terrorist organization as one Senator DURBIN’s amendment to condi- to serve their democratic countries as which is foreign, engages in terrorist tion IMET for Peru on timely, open we enter the 21st century. It would also activity, and threatens the security of and fair legal proceedings in civilian require that these courses be available the United States. There is no doubt courts for United States citizens being to nonmilitary government officials that the LTTE is a foreign organiza- held in Peru. with responsibilities for defense poli- tion. Its main centers of activity are The Government of Peru deserves cies in their countries as well. located in the United Kingdom and credit for the progress in human rights As many of my colleagues are aware, France, as well as Canada, Australia, it has made in recent years. The num- and India. in 1989 Senator LEAHY first introduced ber of extrajudicial killings and dis- the concept of this new, so-called ex- The State Department’s Report on appearances has decreased dramati- panded IMET. Simply put, to qualify as Human Rights Practices for 1996 de- cally. However, freedom of the press, an expanded IMET course its purpose tails LTTE abuses which are undoubt- executive interference in the judiciary, must be to educate Latin American edly terrorist activities. The LTTE the existence of faceless military military and civilian personnel in the regularly commits extrajudicial courts for civilians, lengthy pre-trial proper management of their defense re- killings, and is responsible for dis- detention and abysmal prison condi- sources, in improving their systems of appearances, arbitrary arrests, deten- tions continue to be serious problems. military justice in accordance with tions and torture. An attack on the This amendment conditions IMET as- internationally recognized principles of army base at Mullaitivu in July 1996, sistance on speedy resolution of the human rights or in fostering greater orchestrated by the LTTE, killed more cases of American citizens who are in respect for and understanding of the than 1,500 government troops. In the Peruvian prisons awaiting a fair trial. principle of civilian control of the mili- aftermath, an equally important fact Jennifer Davis and Krista Barnes tary. came to light. It is clear that the each have admitted their guilt on drug- Despite the fact that Senator LEAHY LTTE regularly recruits children into trafficking charges and cooperated first proposed the creation of expanded its military forces. fully with the Peruvian police. They IMET more than 8 years ago, even In the northern part of the island, have been imprisoned for over 9 today Latin American military stu- the LTTE has expelled almost 46,000 months, waiting to be tried and sen- dents are afforded very few opportuni- Muslim inhabitants, almost the entire tenced so they may be transferred to a ties to avail themselves of such Muslim population, from their homes. U.S. prison under our prisoner ex- courses. These individuals have been threatened change treaty. They are victims of Only 4 of the more than 50 courses of- with death if they return. Lastly, the Peru’s excruciatingly slow legal proc- fered in the 1997 School of the Ameri- LTTE has been held responsible for the ess and life-threatening prison condi- ca’s curriculum quality as expanded assassination of an Indian Prime Min- tions. IMET courses. ister, a President of Sri Lanka, a Presi- Lori Berenson was tried, convicted That is totally unacceptable and is dential candidate, and senior Sinhalese and sentenced almost 2 years ago under additional evidence that the U.S. Army and Tamil political leaders. a legal system set up to combat terror- just doesn’t get it when it comes to the ism in Peru that violates international It is clear that these activities are of standards of due process. In late 1996, importance that must be accorded to a terrorist nature, and I believe that promoting respect for human rights the Peruvian military’s highest court they threaten the national security of upheld her life sentence. Ms. Berenson throughout the hemisphere. the United States. Section 302 defines For that reason this amendment plans to appeal to the Supreme Court national security as that pertaining to would specifically mandate that 30 per- of Peru. In the meantime, Ms. ‘‘national defense, foreign relations, or cent of Latin American IMET funds be Berenson is struggling through another economic interests of the United spent in support of preparing Latin winter in prison in the freezing moun- States’’. In this sense, the promotion of American military and appropriate ci- tains of Peru. democracy, free-market economies, vilian and legislative defense personnel Mr. President, it is my hope that this and human rights throughout the for their appropriate roles in demo- amendment will encourage Peru not world are fundamental to our interests. cratic societies as we begin the next just to take action in the cases of these However, the LTTE does not follow the millennium. young women, but that it will spark a rules of democratic procedure. In fact, I would hope that all of my col- vigorous effort to improve the judicial the LTTE espouses socialism and seeks leagues would support this amendment. process in Peru so that no one—no Pe- to establish a socialist state in Sri ruvian or American or any other citi- AMENDMENT NO. 913 Lanka. This stated ideology is far re- zen—will have to endure lengthy pre- (Purpose: To recommend that the Liberation moved from the free-market policies trial detention, wretched prison condi- Tigers of Tamil Eelam be placed on the list that the United States promotes. of terrorist organizations by the Depart- tions and a clogged legal docket that ment of State) With these facts in mind, I am hope- violate minimum international stand- At the appropriate place, insert the follow- ful that the State Department will ards of due process and the treatment ing: move to list the LTTE as a terrorist of prisoners. SEC. . LIBERATION TIGERS OF TAMIL EELAM. organization. The safety and security AMENDMENT NO. 915 SENCE OF SENATE.—It is the sense of the of the United States, and our friends in On page 43, line 3 after the word ‘‘(IAEA).’’ Senate that the Department of State should Sri Lanka, depend upon it. insert the following new section: S7592 CONGRESSIONAL RECORD — SENATE July 16, 1997 SEC. . AUTHORIZATION REQUIREMENT FOR NAB is an arrangement where 25 par- tory—no longer will they be at the INTERNATIONAL FINANCIAL INSTI- ticipating countries agree to lend funds mercy of stronger neighbors. TUTIONS. (a) The Secretary of the Treasury may, ful- to the IMF, in predetermined amounts, I led a delegation to Europe just be- fill commitments of the United States, (1) ef- whenever the organization believes fore the Madrid summit. We met with fect the United States participation in the those funds are needed to forestall or NATO officials in Brussels and we went first general capital increase of the Euro- cope with an impairment of the inter- to Budapest, Hungary for a firsthand pean Bank for Reconstruction and Develop- national monetary or to deal with an assessment of that country’s progress. ment, subscribe to and make payment for exceptional situation that poses a We all left convinced that Hungary— 100,000 additional shares of the capital stock threat to the stability of that system. like Poland and the Czech Republic— of the Bank on behalf of the United States; and (2) contribute on behalf of the United This appropriations bill supports this has earned the invitation to become States to the eleventh replenishment of the request by including $3.5 billion for the members of the most successful alli- resources of the International Development NAB. ance in history. Association, to the sixth replenishment of Unfortunately, Mr. President, the au- In the coming months, the Senate the resources of the Asian Development thorizing committees have not had an will consider all the issues associated Fund, a special fund of the Asian Develop- opportunity to review these new ar- with NATO enlargement. One of the ment Bank. The following amounts are au- rangements to borrow. We need to have key issues will be the costs—the total thorized to be appropriated without fiscal hearings and fully review these provi- cost of enlargement, the U.S. share of year limitation for payment by the Sec- sions, which have significant con- retary of the Treasury: (1) $285,772,500 for that cost, and how that overall cost paid-in capital, and $984,327,500 for callable sequences for the American taxpayer. will be shared with existing and pro- capital of the European Bank for Recon- We simply can’t give an inter- spective NATO members. struction and Development; (2) $1,600,000,000 national bureaucracy such as the IMF I believe the costs of enlarging NATO for the International Development Associa- a blank check without a thorough re- will be manageable. I believe there will tion; (3) $400,000,000 for the Asian Develop- view by the relevant congressional be greater costs if we do not enlarge ment Fund; and (4) $76,832,001 for paid-in cap- committees. My amendment would ital, and $4,511,156,729 for callable capital of NATO. But the concern over the cost is simply do this—give us the opportunity legitimate. Much of the concern is the Inter-American Development Bank in to fully examine this proposal. connection with the eighth general increase based on a fear that NATO enlarge- in the resources of that Bank. Each such sub- AMENDMENT NO. 917 ment will drain a defense budget al- scription or contribution shall be subject to On page 30, line 9, after the word ‘‘Act’’ in- ready under siege—already stretched obtaining the necessary appropriations. sert ‘‘or the Foreign Assistance Act of 1961’’. too thin from humanitarian interven- (b) Section 17 of the Bretton Woods Agree- tions that have little to do with U.S. ment Act, as amended (22 U.S.C. 286e–2 et AMENDMENT NO. 918 national security. seq.) is amended as follows: (Purpose: To limit aid to the Government of I believe we should look at ways to (1) Section 17(a) is amended by striking Congo until a Presidential certification) ‘‘and February 24, 1983’’ and inserting instead finance NATO enlargement from non- ‘‘February 24, 1993, and January 27, 1997’’; None of the funds appropriated or other- defense sources. My amendment today wise made available by this Act may be pro- and by striking ‘‘4,250,000,000’’ and inserting helps pave the way for that approach instead ‘‘6,712,000,000’’. vided to the Government of the Congo until such time as the President reports in writing by earmarking foreign aid funds for Po- (2) Section 17(b) is amended by striking land, Hungary, and the Czech Republic. ‘‘4,250,000,000’’ and inserting instead to the Congress that the Government of ‘‘6,712,000,000’’. Congo is cooperating fully with investigators There is a lot of money in this bill (3) Section 17(d) is amended by inserting from the United Nations or any other inter- for programs that, in my view, are a ‘‘or the Decision of January 27, 1997,’’ after national relief organizations in accounting lower priority than NATO enlarge- ‘‘February 24, 1983,’’; and by inserting ‘‘or for human rights violations or atrocities ment. For example, the bill contains committed in Congo or adjacent countries. the New Arrangements to Borrow, as appli- $950 million for the International De- cable’’ before the period at the end. velopment Association to make (c) The authorizations under this section AMENDMENT NO. 919 are subject to the Senate Foreign Relations On page 34, and the end of line 21 strike the concessional loans to countries like Committee reporting out an * * * period and insert: ‘‘Provided further, That India and China. The bill contains $1.3 $60,000,000 of the funds appropriated or other- billion for development assistance, AMENDMENT NO. 916 wise made available under this heading shall much of it going to countries where (Purpose: To make an amendment with re- be made available for the purpose of facili- United States strategic interests are spect to Congressional review of new ar- tating the integration of Poland, Hungary, far less than in Central Europe. rangements for borrowing by the Inter- and the Czech Republic into the North At- My amendment is designed to give national Monetary Fund) lantic Treaty Organization: Provided further, maximum leverage to the managers in That, to carry out funding the previous pro- On page 42, line 4, insert after the period conference to ensure adequate funds the following: ‘‘Notwithstanding any other viso, all or part of the $60,000,000 may be de- provision of law, none of the funds appro- rived by transfer, notwithstanding any other are made available for the three coun- priated under this heading may be made provision of law, from titles I, II, III, and IV tries invited to join NATO—funds to fi- available until the relevant Committees of of this Act.’’ nance language training, communica- Congress have reviewed the new arrange- Mr. LOTT. Mr. President, this is a tions modernization, and equipment ments for borrowing by the International very straightforward amendment. It re- interoperability. Monetary Fund provided for under this head- quires a modest amount of funds be Much has been done by Poland, Hun- ing and authorizing legislation for such bor- dedicated to supporting NATO integra- gary, and the Czech Republic to pre- rowing has been enacted.’’. tion costs for Poland, Hungary, and the pare their military forces for admis- Mr. D’AMATO. Mr. President, I rise Czech Republic. sion into NATO, but much more needs today to offer an amendment along Earlier this month at Madrid, the to be done. Meeting these needs will be with Senator HELMS and Senator North Atlantic Treaty Organization a major share of the cost of NATO en- FAIRCLOTH. made a historic decision: to invite largement. My amendment would provide that three former members of the Warsaw Chairman MCCONNELL has long been none of the funds appropriated for the Pact to join NATO. Poland, Hungary, a leader in supporting enlargement of new arrangements to borrow [NAB] by and the Czech Republic have made tre- NATO to include new democracies in the International Monetary Fund could mendous progress since the fall of the Central and Eastern Europe. His report be made available until the relevant Berlin Wall. Their economies are free, points out the importance of keeping authorizing committees have reviewed their militaries are under civilian con- the NATO enlargement door open, and these provisions and authorizing legis- trol, their disputes with their neigh- his bill takes a number of steps to pro- lation has been enacted. bors have been resolved. vide reassurance to those not invited in The Clinton administration and the The invitation to join NATO is not a the first wave of enlargement—espe- International Monetary Fund have gift—it has been earned by the hard cially for the Baltic States. asked Congress to give the IMF $3.5 bil- work and sacrifice in each of these Adoption of this amendment—with lion of the taxpayer’s money to support three countries. Including them in the other provisions in the bill on the new arrangements to borrow. The NATO will change the course of his- NATO related issues—will send a July 16, 1997 CONGRESSIONAL RECORD — SENATE S7593 strong signal of Senate support financ- sus all other Federal employees (in- ments, shall be selected by the voting mem- ing a key element of enlargement prep- cluding those of the House.) This dis- bers of the Technology Assessment Board aration for the Poland, Hungary, and parity was caused by the Senate em- under section 473 of title 2, United States Code, from among topics requested pursuant the Czech Republic. I thank the man- ployees not receiving the 2-percent to paragraph (1) or (2) of section 472(d) of agers for their cooperation and I thank COLA in 1996, which as provided to all such title’’. Senators LIEBERMAN, SMITH of Oregon, other Federal employees. Mr. BINGAMAN. Mr. President, this HOLLINGS, SHELBY, ROTH, BIDEN, Approximately 80 percent of the Ar- amendment addresses an important DEWINE, COATS, HAGEL, and FRIST for chitect’s request for capital projects to need of the Congress created by the de- cosponsoring the amendment. I urge ensure that certain repairs and mainte- mise, two years ago, of the Office of support for the amendment. nance are not delayed. If this mainte- Technology Assessment. That need is The PRESIDING OFFICER. Without nance is taken care of now, it should for authoritative and in-depth studies objection, the amendments are agreed pay off in substantial cost savings in of scientific and technological issues to. the future. that are at the root of many of the The amendments (Numbered 904 The GAO is provided $346.75 million, problems that we are called on to ad- through 919) en bloc were agreed to. which conforms to the commitment to dress through legislation. Mr. LEAHY. Mr. President, I move to stabilize the GAO budget and staff Over the 23 years of its existence, reconsider the vote by which the level (3,500 employees) after a 2-year from 1972 to 1995, the Office of Tech- amendments were agreed to. reduction of 25 percent. This rec- nology Assessment functioned as our Mr. MCCONNELL. I move to lay that ommendation provides sufficient funds in-house brain trust. It was a com- motion on the table. for mandatory cost increases, including petent, timely, and impartial source of The motion to lay on the table was the COLA. scientific and technical advice on a agreed to. I want to take the opportunity now wide range of issues. In early 1995, the Mr. MCCONNELL. Mr. President, I before presenting the bill to thank Sen- decision was made to end the existence ask unanimous consent that when the ator DORGAN, the ranking member on of the Office of Technology Assessment House companion measure is passed by the Legislative Branch Subcommittee, by zeroing out its appropriation. The the Senate pursuant to the previous for his cooperation and his work on the judgment of the Congress at that time order that the passage of S. 955 be viti- bill. I have enjoyed my experience as was that it needed to demonstrate to ated, and that S. 955 be indefinitely the chairman of the subcommittee, and the American people that it was will- postponed. Senator DORGAN’s cooperative spirit ing to downsize its own operations. I The PRESIDING OFFICER. Without has been a large part of that enjoy- miss the OTA, and I know that a lot of objection, it is so ordered. ment. I pay tribute to him and to his my colleagues in the Senate and in the Mr. MCCONNELL. Mr. President, I staff for the professional way in which House do too. I am not proposing today believe that completes the evening for they have handled this responsibility. to reverse what we did 2 years ago by Senator LEAHY and myself. Senator Mr. President, I believe this bill con- recreating new offices in the Congress DEWINE is here, and would like to tinues the legislative branch’s con- or by hiring new permanent staff. I be- speak. And I believe Senator BENNETT tributions toward deficit reduction and lieve that there are other, more flexi- is here, and we may shortly take leave. the goal of the balanced budget by the ble ways for Congress to gain direct ac- Mr. LEAHY. Mr. President, I say to year 2002. cess to high-quality and timely advice the distinguished Senator from Ken- Mr. President, I now ask unanimous and insight on cutting edge science and tucky that I enjoy working with him. consent that the Senate proceed to the technology relevant to our legislative But I know the Senate is in the able consideration of Calendar No. 110, S. duties. hands of the distinguished Senator 1019, the Legislative Branch Appropria- My amendment attempts to use the from Utah. Now that I have somebody tions bill, and, further, the managers’ existing legislative authorities for who actually looks a little bit like me amendment, which is at the desk, be oversight of the old OTA to oversee a on the floor, I, too, can leave. considered as read and agreed to. new pilot experiment. Members should The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without realize that while we terminated the ator from Utah. objection, it is so ordered. OTA by ending its appropriation, the f AMENDMENT NO. 920 underlying authorities governing the OTA are still on the books. For exam- LEGISLATIVE BRANCH (Purpose: To provide funds for a pilot pro- ple, there is continuing legislative au- APPROPRIATIONS ACT, 1998 gram of studies of scientific and techno- logical issues to assist the Congress in an- thority in title 2 of the United States Mr. BENNETT. Mr. President, the ticipating, understanding and considering Code to have a Technology Assessment Legislative Branch bill provides such issues in the course of determining pub- Board of 12 members: 6 from the House $1,537,827,000 in new obligational au- lic policy on existing and emerging national and 6 from the Senate, with each cham- thority, exclusive of House items, for problems) ber’s representation evenly divided be- fiscal year 1998. This is $64,947,000 below The PRESIDING OFFICER. The tween the parties and appointed by the the President’s request and $51,600,000 clerk will report. respective leadership. This is an excel- above the fiscal year 1997 level. The assistant legislative clerk read lent group to decide on which topics The majority of the increases in the as follows: should be studied using the funds that bill account for cost of living adjust- The Senator from Utah [Mr. BENNETT], for would be provided by my amendment. ments. Mr. BINGAMAN, proposes an amendment num- The old OTA authorities also provided Mr. President, I wish to correct an bered 920. that topics for OTA studies be sug- impression that is being circulated Mr. BENNETT. Mr. President, I ask gested by chairs of committees, rank- throughout the press. There is no pro- unanimous consent that reading of the ing members, or numerical majorities vision in this bill for a pay increase for amendment be dispensed with. of committees, or by the Technology Members of Congress. That is the issue The PRESIDING OFFICER. Without Assessment Board. That is a sound pro- that is taken care of in other bills. objection, it is so ordered. cedure for identifying potential study The Senate items include provisions The amendment is as follows: topics. My amendment uses both of to reduce the appropriation for official On page 38, line 2, insert before the period these authorities, but contains a cru- mail from $10 million to $8 million in the following: ‘‘: Provided further, That cial difference in how the studies are fiscal year 1998 and combine the frank- $500,000 shall be available only for expendi- executed. In place of a permanent, con- ing allowance with the official person- ture on studies and assessments, to be car- tinuing organization to undertake nel and office expense allowance—this ried out by not-for-profit scientific, techno- studies, my amendment provides for se- will reduce paperwork and provide logical, or educational institutions, of the lection of external scientific, techno- matters described in section 472(c) of title 2, flexibility for offices to meet their United States Code: Provided further, That logical, or educational institutions to needs. topics for studies and assessments under the carry out the studies that would be The bill eliminates the disparity in previous proviso, and the institutions des- funded under my amendment. Think of staff salaries of Senate employees ver- ignated to carry out the studies and assess- it as a ‘‘virtual OTA’’ or, if you prefer, S7594 CONGRESSIONAL RECORD — SENATE July 16, 1997 an ‘‘outsourced’’ one. The contractual $1,537,827,000 in budget authority, ex- of classic Senate speeches and a statis- arrangements with these institutions clusive of House items. This total is tical appendix. Printed in a large for- would be handled by the GAO, which $64,947,000 below the President’s re- mat with attractive historical illustra- already has a wide network of similar quest and $51,600,000 above the fiscal tions, these books received favorable contracting arrangements with ac- year 1997 enacted level. As I indicated, reviews. Volume I was awarded a prize counting firms all over the country. these figures do not include spending by the Society for History in the Fed- Thus, there is no institutional mort- by the House of Representatives, as eral Government and commended by gage associated with my amendment, each body normally defers to the other the American Library Association. Ad- and no new Congressional organization. body to set its own budget. To date, the ditional printing industry awards went I think that every member who reluc- full House has not yet acted on the leg- to several of the Government Printing tantly voted to terminate the OTA, be- islative branch appropriation bill for Office contractors involved in the cause of the need to downsize our oper- fiscal year 1998. books’ manufacture. ations, can support my amendment S. 1019 includes not only funding for with a clear conscience. We aren’t the salaries and expenses for offices Through the Government Printing bringing back a big bureaucracy. We and committees of the Senate, but also Office, copies of these volumes were are giving ourselves access, on topics includes the budgets of a number of distributed to government depository that Members themselves determine outside agencies that provide impor- libraries throughout the country. The are the most pressing to have authori- tant services to the Senate, including printing resolution stipulated that ‘‘in tative scientific and technical insight, the General Accounting Office, the addition to the usual number of copies, to the analytical capabilities of our Government Printing Office, the Con- there shall be printed with suitable best not-for-profit and educational in- gressional Budget Office, the Library of binding 5,000 additional copies for use stitutions. Congress, the Capitol Police, and the by the Secretary of the Senate.’’ These Let me reiterate the key points be- Architect of the Capitol. copies have been and continue to be hind my amendment. I am proposing a Mr. President, the subcommittee distributed to educational institutions way for Congress to acquire better sci- chairman has done an excellent job of and other appropriate recipients. In ad- entific and technological advice with- highlighting the major provisions in dition, the Superintendent of Docu- out an institutional mortgage. My this bill, so I will take just a minute to ments purchased for sale 4,600 copies of amendment puts 12 members, selected draw attention to what I believe to be Volume I; 2,300 of Volume II; and 1,000 by the bipartisan leadership of the Sen- an important issue. each of Volumes III and IV. Reflecting ate and the House, directly in charge of For the General Accounting Office, the superior quality of the books, the deciding how the funds under this the committee provides an appropria- Government Printing Office offered amendment will be spent and what will tion that is an increase of $14 million these volumes at an average price of be studied. My amendment allows all over the fiscal year 1997 enacted level. $56. Committees of Congress to nominate This amount provides sufficient fund- ing to stabilize the workforce of 3,500 In April of this year, my office in- topics worthy of study and to propose quired of the Government Printing Of- which not-for-profit institution would employees and to pay for mandatory fice, as we do periodically, how many be most suitable to engage in their cost increases to support the men and of each volume had been sold and how study. Contracting would be handled women who work for GAO, in keeping many remained on hand. This time, we through the General Accounting Office, with the agreement reached last Con- were astonished to learn that the num- which routinely contracts to external gress between GAO and appropriators sources for expert advice and assist- to reduce GAO’s budget by 25 percent ber of volumes remaining was a total of ance in its own audits. over 2 years . As part of the commit- 3,260 less than it should have been when I am proposing an experiment of lim- ment, appropriators committed to pro- we subtracted the number of copies ited scope, only $500,000, which prob- vide funding stability for the GAO once sold since our last inquiry from the ably translates to somewhere between the 2-year, 25 percent reduction was number that had remained at that two and five studies. The offsetting achieved. I believe that it is important time. When we asked GPO about the funds of $500,000 come from the budget to note that the Senate has lived up to fate of these other copies, we were in- of the General Accounting Office, its commitment to the GAO and I, for formed that there had been a ‘‘stock which is receiving over $354 million in one, will work diligently to keep a reduction’’—apparently meaning that appropriations in this Act. That is less level of funding that is worked out in 3,260 of these beautiful valuable vol- than three-tenths of 1 percent of the our conference with the House that is umes were disposed of. GAO budget for this experiment. The consistent with this commitment. On April 23, I wrote to Michael Mr. President, let me close by again contracting burden for GAO under my DiMario, the Public Printer, to request commending the subcommittee chair- amendment is hardly crushing—an ad- an explanation. On May 6, he responded ditional 2 to 5 contracts won’t stretch man, Senator BENNETT. In his first year as chairman of the legislative that there had indeed been such a their resources. I will also note that stock reduction in order to save stor- the Appropriations Committee’s own branch subcommittee, he has proven himself to be a very capable leader, age costs and streamline sales oper- report for this bill voices concern that ations. He further stated that, if addi- GAO may have given priority to audits who has worked with me on a biparti- san basis. I also wish to express my tional copies of these volumes were initiated under its own authority over ever needed, they could of course be re- those requested by committees and thanks to the subcommittee staff—Jim English, Mary Dewald, and Christine printed. No one who has seen these Members of Congress. My amendment beautifully crafted books could pos- represents a use of funds that is 100 Ciccone—for their fine work, and also to recognize the excellent support we sibly believe that it would be cost ef- percent directed to Member and Com- fective to destroy more than 3,000 cop- mittee requests, and overseen by a bi- had from Mary Hawkins, of my staff, and Chip Yost, of Senator BENNETT’s ies and reprint them later, rather than partisan group appointed by the leader- simply paying for lower-cost off-site ship. staff. I believe that this is a sensible re- Mr. BYRD. Mr. President, in Feb- storage until they should be needed. If quest and I urge the adoption of my ruary 1987 the Senate and House passed such a reduction was in fact necessary, amendment. S. Con. Res. 18 (100th Congress) author- I cannot fathom the distorted thinking The amendment (No. 920) was agreed izing the printing as a Senate docu- that would destroy books of such long- to. ment of ‘‘The Senate 1789–1989.’’ A com- term value without at the very least Mr. DORGAN. Mr. President, I rise in pilation of some 80 addresses that I had informing the Office of the Secretary support of S. 1019, the fiscal year 1998 delivered during the 1980’s on the his- of the Senate, or my office, and giving legislative branch appropriation bill, tory of the United States Senate, the us the opportunity to acquire these and applaud the chairman of the sub- book formed part of Congress’ com- copies to make them available to var- committee, Senator BENNETT, for the memoration of its bicentennial. Be- ious educational entities. When I ex- work he has done in reporting this bill tween 1988 and 1993, the publication ap- pressed these further concerns to Mr. to the Senate. This bill, as rec- peared in four volumes: two volumes of DiMario, I did at last receive an apol- ommended by the committee, provides the addresses, together with a volume ogy and an acknowledgement that it July 16, 1997 CONGRESSIONAL RECORD — SENATE S7595 had in fact been an error to dispose of had been a ‘‘stock reduction.’’ As far as we I understand the need to manage the in- the books without prior notification. can determine, this means that 3,260 books ventory of publications that have a limited What of our nation’s libraries? I have were disposed of. shelf life. Printing on demand makes a great Attached is the draft of a possible letter deal of sense for bills, reports, and other rou- in mind those at the public and com- you may wish to send to the Public Printer tine documents. The wisdom of that policy is munity college level that may lie out- requesting and explanation of this decision. far less apparent for a ‘‘Level 1’’ publication side the depository program. Would such as ‘‘The Senate 1789–1989.’’ I find it dif- they not welcome surplus copies of se- APRIL 23 1997. ficult to believe that off-site storage costs lected government documents once Mr. MICHAEL F. DIMARIO, for this four-volume work would have been thought worthy of being included in Public Printer, Government Printing Office, greater over a nine-year period than reprint- the Government Printing Office’s sales Washington, DC. ing costs. DEAR MR. DIMARIO: It has come to my at- Your letter does not explain why the Gov- program? Are we so distorted in our tention that the sales inventory of all four ernment Printing Office did not contact my priorities that we prefer to shred such volumes of ‘‘The Senate, 1789–1989’’ has been office, or the Office of the Secretary of the useful information rather than to dis- drastically reduced. Perhaps this action is in Senate, to offer to transfer copies deemed to seminate it? line with the Superintendent of Documents’ be in excess of projected demand require- I continue to be gravely concerned standard policy, but I find it most distress- ments. I am unable to comprehend this lack about this unfortunate incident, which ing because these books were designed to of communication in the light of the close have long-term value. working relationship this project has in- demonstrates a major flaw in the pro- I would appreciate receiving an expla- spired over the past decade between the Sen- cedures of the Superintendent of Docu- nation of this decision. ate and GPO. ments and the Government Printing With all good wishes, I am When a commercial publisher or university Office. Perhaps this was simply an un- Sincerely yours, press decides to unload an unwanted title, it fortunate exception. Or perhaps it re- ROBERT C. BYRD. is a matter of standard practice and common veals a pattern of inattention, careless- U.S. GOVERNMENT PRINTING OFFICE, courtesy to give the author the opportunity ness, or even malfeasance. What other OFFICE OF THE PUBLIC PRINTER, to acquire copies. Had we been afforded that Washington, DC, May 6, 1997. opportunity, it would have advanced our titles in the Superintendent of Docu- Hon. ROBERT C. BYRD, plans to make these works widely available ments’ inventory may have received U.S. Senate, Hart Office Building, to educational entities, both in this country similar treatment in the name of Washington, DC. and abroad, and would have quickly absorbed ‘‘stock reduction?’’ I, for one, would DEAR SENATOR BYRD: This is in response to your ‘‘surplus.’’ Had someone within the Su- like an answer. your letter dated April 23, 1997, inquiring perintendent of Documents’ office bothered Mr. President, I ask unanimous con- about the sales inventory of the four vol- to make a single phone call, he or she could sent that a memorandum to me from umes of ‘‘The Senate, 1789–1989.’’ Let me as- have aided a useful project and avoided a sure you that we recognize the historical needless waste of resources. the Senate Historian, Dr. Richard value of this series and have designated all Sincerely yours, Baker, on this subject, dated April 23, four volumes as titles which shall remain in ROBERT C. BYRD. 1997, together with an exchange of cor- print and available through our sales pro- respondence between myself and the gram indefinitely. U.S. GOVERNMENT PRINTING OFFICE, Public Printer, Michael DiMario, be in- In September 1996, the Superintendent of OFFICE OF THE PUBLIC PRINTER, cluded in the record at this point. This Documents took a number of steps to reduce Washington, DC, July 11, 1997. correspondence includes my letters to costs in the sales program and to provide Hon. ROBERT C. BYRD, more efficient service to the public. After U.S. Senate, The Capitol, Mr. DiMario dated April 23, 1997, and conducting a study, it was determined that Washington, DC. June 17, 1997, and his responses to me it was more cost-effective to maintain an DEAR SENATOR BYRD: This letter is in re- dated May 6, 1997, and July 11, 1997. adequate inventory of sales titles based on sponse to your letter of June 17, 1997, con- There being no objection, the mate- their projected life cycle and to reprint, if cerning ‘‘The Senate 1789–1989.’’ rial was ordered to be printed in the necessary. I apologize both officially and personally This policy recognizes, however, that some RECORD, as follows: for the unfortunate unilateral reduction of publications such as The Senate will have a the Superintendent of Documents sales in- U.S. SENATE much longer life cycle than the ordinary ventory of this publication. I was not aware OFFICE OF THE SECRETARY, book. Based on current projections, we have of the reduction until I received your letter Washington, DC, April 23, 1997. on hand an average supply of 9 years for the of April 23, 1997. Nevertheless, I recognize MEMORANDUM four volumes. The life cycle for most books that full responsibility for this action rests To: Senator Robert C. Byrd. is 18 months. The Superintendent of Docu- with me and no one else. From: Dick Baker. ments’ staff frequently reviews the sales his- My regrets are keenly felt since as Assist- Re: GPO sales copies of ‘‘The Senate, 1789– tory of each publication. Because of the im- ant Public Printer for Operations and Pro- 1989.’’ portance of The Senate, we are prepared to curement at the time of the printing of Vol- reprint at any time. The sales program pays ume I, I had personal knowledge of your di- Yesterday, at your request, we asked GPO all costs when we go back to press. rect participation in the selection of appro- how many copies of each volume they had As you know, our sales program must re- priate paper, binding, and font style. More- sold. When they supplied the information, we cover all expenses from revenues. The pro- over, having family roots in West Virginia, discovered some disturbing information. In gram has come under increasing financial as a history major at Davis and Elkins Col- early 1995, the Superintendent of Documents pressure recently with some agencies with- lege, and as a member of its Board of Trust- reported having on hand the following num- drawing titles traditionally sold by the Gov- ees, I have a keen awareness of and great ad- bers of copies: ernment Printing Office (GPO) in favor of ex- miration for your love of the Senate as well Volume I—1,618. clusive arrangements with the National as your extraordinary scholarship and sense Volume II—1,260. Technical Information Service or other part- of the importance of history, both ancient Volume III—963. ners. This is causing needless duplication of and modern, and I understand how our un- Volume IV—855. effort, confusion to those who wish to pur- thinking actions must have hurt you deeply. After selling only a few hundred more cop- chase Government information products, and I am truly sorry. ies of each, GPO reported yesterday that it a substantial loss of revenue to the GPO In fact, it is our policy to contact the pub- had the following numbers of each on hand: sales program. In this difficult environment, lisher of a book when we are reducing inven- Volume I—299 (131 sold since 1995 should it is our goal to streamline our operations, tory, and to offer publishers the excess cop- leave 1,489). improve customer service, and keep prices as ies at no charge. This policy was not fol- Volume II—271 (69 sold since 1995 should low as possible, while at the same time en- lowed with respect to ‘‘The Senate 1789–1989’’ leave 1,191). suring long-term availability of valuable during the major inventory reduction that Volume III—137 (166 sold since 1995 should publications such as The Senate. occurred in the latter part of FY 1996, which leave 797). Sincerely, was undertaken to reverse a trend of finan- Volume IV—279 (84 sold since 1995 should MICHAEL F. DIMARIO, cial losses. The Superintendent of Docu- leave 771). Public Printer. ments instructed sales program staff to These figures leave 3,260 volumes not ac- move quickly to restore the sales program to counted for: JUNE 17, 1997. financial soundness by the beginning of FY Volume I—1,188. Mr. MICHAEL F. DIMARIO, 1997. Because of the short deadline and the Volume II—920. Public Printer, Government Printing Office, large number of titles and copies involved, Volume III—660. Washington, DC. they did not follow standard policy to con- Volume IV—492. DEAR MR. DIMARIO: Your response to my tact publishers. Both the management and When we asked about the fate of these April 23, 1997, letter leaves several questions staff of the sales program are deeply cha- other copies, we were informed that there unanswered. grined by this error, and the Superintendent S7596 CONGRESSIONAL RECORD — SENATE July 16, 1997 of Documents has assured me that steps have S. 1019 OFFICE OF THE LEGISLATIVE COUNSEL OF THE been taken to ensure our policy on notifica- Be it enacted by the Senate and House of Rep- SENATE tion of publishers will be strictly followed resentatives of the United States of America in For salaries and expenses of the Office of when making future inventory reductions. Congress assembled, That the following sums the Legislative Counsel of the Senate, As you say in your letter, the Senate and are appropriated, out of any money in the $3,605,000. the Government Printing Office (GPO) have Treasury not otherwise appropriated, for the OFFICE OF SENATE LEGAL COUNSEL maintained a close working relationship dur- legislative branch for the fiscal year ending ing the past decade on ‘‘The Senate 1789– For salaries and expenses of the Office of September 30, 1998, and for other purposes, 1989.’’ We have distributed all four volumes Senate Legal Counsel, $966,000. namely: to the 1,380 Federal depository libraries EXPENSE ALLOWANCES OF THE SECRETARY OF throughout the Nation, and in June 1997 we TITLE I—CONGRESSIONAL OPERATIONS THE SENATE, SERGEANT AT ARMS AND DOOR- provided 60 copies of each volume to the SENATE KEEPER OF THE SENATE, AND SECRETARIES United States Information Agency for use in EXPENSE ALLOWANCES FOR THE MAJORITY AND MINORITY OF THE their libraries abroad. SENATE For expense allowances of the Vice Presi- Again, both personally and in my capacity dent, $10,000; the President Pro Tempore of For expense allowances of the Secretary of as Public Printer, and on behalf of all the the Senate, $3,000; Sergeant at Arms and employees of GPO for whom you have been a the Senate, $10,000; Majority Leader of the Senate, $10,000; Minority Leader of the Sen- Doorkeeper of the Senate, $3,000; Secretary greatly honored customer and friend, I for the Majority of the Senate, $3,000; Sec- apologize for the haste with which the inven- ate, $10,000; Majority Whip of the Senate, $5,000; Minority Whip of the Senate, $5,000; retary for the Minority of the Senate, $3,000; tory reduction was made and for our failure in all, $12,000. to inform your office. We have taken steps to and Chairmen of the Majority and Minority CONTINGENT EXPENSES OF THE SENATE ensure that this does not happen again, and Conference Committees, $3,000 for each I look forward to continuing to work with Chairman; in all, $56,000. INQUIRIES AND INVESTIGATIONS you in the future. REPRESENTATION ALLOWANCES FOR THE For expenses of inquiries and investiga- Sincerely, MAJORITY AND MINORITY LEADERS tions ordered by the Senate, or conducted MICHAEL F. DIMARIO, For representation allowances of the Ma- pursuant to section 134(a) of Public Law 601, Public Printer. jority and Minority Leaders of the Senate, Seventy-ninth Congress, as amended, section Mr. BYRD. Mr. President, I rise in $15,000 for each such Leader; in all, $30,000. 112 of Public Law 96–304 and Senate Resolu- tion 281, agreed to March 11, 1980, $75,600,000. support of S. 1019, the Fiscal Year 1998 SALARIES, OFFICERS AND EMPLOYEES EXPENSES OF THE UNITED STATES SENATE Legislative Branch Appropriation bill. For compensation of officers, employees, CAUCUS ON INTERNATIONAL NARCOTICS CONTROL This is the first year that the distin- and others as authorized by law, including For expenses of the United States Senate agency contributions, $77,254,000, which shall guished Senator from Utah [Mr. BEN- Caucus on International Narcotics Control, be paid from this appropriation without re- NETT] and the very able Senator from $370,000. gard to the below limitations, as follows: North Dakota [Mr. DORGAN] have SECRETARY OF THE SENATE OFFICE OF THE VICE PRESIDENT served as chairman and ranking mem- For expenses of the Office of the Secretary ber, respectively, and they are to be For the Office of the Vice President, of the Senate, $1,511,000. $1,612,000. congratulated for the expeditious man- SERGEANT AT ARMS AND DOORKEEPER OF THE ner with which they have brought this OFFICE OF THE PRESIDENT PRO TEMPORE SENATE prudent legislation to the floor. Both For the Office of the President Pro Tem- For expenses of the Office of the Sergeant Senators are to be commended for the pore, $371,000. at Arms and Doorkeeper of the Senate, efforts that they have made to ensure OFFICES OF THE MAJORITY AND MINORITY $64,400,000, of which $7,000,000 shall remain that the Legislative Branch of the Gov- LEADERS available until September 30, 1999. ernment is funded in a fiscally sound For Offices of the Majority and Minority MISCELLANEOUS ITEMS and responsible way. Leaders, $2,388,000. For miscellaneous items, $7,905,000. S. 1019, as recommended by the com- OFFICES OF THE MAJORITY AND MINORITY WHIPS SENATORS’ OFFICIAL PERSONNEL AND OFFICE mittee, provides $1,537,827,000 in budget For Offices of the Majority and Minority EXPENSE ACCOUNT authority, to fund salaries and ex- Whips, $1,221,000. For Senators’ Official Personnel and Office penses of the Senate and those agencies CONFERENCE COMMITTEES Expense Account, $228,600,000. that provide important services to this For the Conference of the Majority and the STATIONERY (REVOLVING FUND) institution, such as the General Ac- Conference of the Minority, at rates of com- For stationery for the President of the counting Office, the Government Print- pensation to be fixed by the Chairman of Senate, $4,500, for officers of the Senate and ing Office, the Congressional Budget each such committee, $1,061,000 for each such the Conference of the Majority and Con- Office, the Library of Congress, the committee; in all, $2,122,000. ference of the Minority of the Senate, $8,500; in all, $13,000. Capitol Police, and the Architect of the OFFICES OF THE SECRETARIES OF THE CON- Capitol. In addition, S. 1019 is well FERENCE OF THE MAJORITY AND THE CON- OFFICIAL MAIL COSTS within its 602(b) subcommittee alloca- FERENCE OF THE MINORITY For expenses necessary for official mail tion. This bill does not provide funding For Offices of the Secretaries of the Con- costs of the Senate, $300,000, to remain avail- able until September 30, 1999. for House items, as the full House has ference of the Majority and the Conference ADMINISTRATIVE PROVISIONS not yet acted on the Legislative of the Minority, $409,000. POLICY COMMITTEES SECTION 1. (a) For fiscal year 1998, and each Branch Appropriation bill for fiscal fiscal year thereafter, the Secretary of the For salaries of the Majority Policy Com- year 1998 as it is customary that each Senate is authorized to make advance pay- mittee and the Minority Policy Committee, body defers to the other body to set its ments under a contract or other agreement $1,077,500 for each such committee, in all, own budget. to provide a service or deliver an article for $2,155,000. Mr. President, I again commend the the United States Government without re- chairman and ranking member of the OFFICE OF THE CHAPLAIN gard to the provisions of section 3324 of title Legislative Branch Subcommittee for For Office of the Chaplain, $260,000. 31, United States Code. their outstanding work. I also thank OFFICE OF THE SECRETARY (b) An advance payment authorized by sub- section (a) shall be made in accordance with the committee staff who have worked For Office of the Secretary, $13,306,000. regulations issued by the Committee on hard on this bill: Jim English, Mary OFFICE OF THE SERGEANT AT ARMS AND Rules and Administration of the Senate. Dewald, and Christine Ciccone. DOORKEEPER (c) The authority granted by subsection (a) This is a good bill and deserves the For Office of the Sergeant at Arms and shall not take effect until regulations are is- support of the Senate. I yield the floor. Doorkeeper, $33,037,000. sued pursuant to subsection (b). Mr. BENNETT. Mr. President, I ask OFFICES OF THE SECRETARIES FOR THE SEC. 2. (a) Upon the written request of the unanimous consent that the bill be MAJORITY AND MINORITY Majority or Minority Whip of the Senate, the Secretary of the Senate shall transfer during considered as read a third time and For Offices of the Secretary for the Major- any fiscal year, from the appropriations ac- passed, as amended, the motion to re- ity and the Secretary for the Minority, count appropriated under the headings ‘‘Sal- consider be laid upon the table with $1,165,000. aries, Officers and Employees’’ and ‘‘Offices any statements related to the bill ap- AGENCY CONTRIBUTIONS AND RELATED of the Majority and Minority Whips’’, such pear at the appropriate point in the EXPENSES amount as either whip shall specify to the RECORD. For agency contributions for employee appropriations account, within the contin- The bill (S. 1019), as amended, was benefits, as authorized by law, and related gent fund of the Senate, ‘‘Miscellaneous passed, as follows: expenses, $19,208,000. Items’’. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7597 (b) The Majority and Minority Whips of the (c) This section is effective for fiscal years motor vehicles, communications and other Senate are each authorized to incur such ex- beginning on and after October 1, 1997. equipment, security equipment and installa- penses as may be necessary or appropriate. SEC. 7. Section 1101 of Public Law 85–58 (2 tion, uniforms, weapons, supplies, materials, Expenses incurred by either such whip shall U.S.C. 46a–1) is amended by adding at the end training, medical services, forensic services, be paid from the amount transferred pursu- the following: ‘‘Disbursements from the fund stenographic services, personal and profes- ant to subsection (a) by such whip and upon shall be made upon vouchers approved by the sional services, the employee assistance pro- vouchers approved by such whip. Secretary of the Senate, or his designee.’’. gram, not more than $2,000 for the awards (c) The Secretary of the Senate is author- JOINT ITEMS program, postage, telephone service, travel ized to advance such sums as may be nec- For Joint Committees, as follows: advances, relocation of instructor and liai- essary to defray expenses incurred in carry- son personnel for the Federal Law Enforce- JOINT ECONOMIC COMMITTEE ing out subsections (a) and (b). ment Training Center, and $85 per month for SEC. 3. (a) Effective in the case of any fis- For salaries and expenses of the Joint Eco- extra services performed for the Capitol Po- cal year which begins on or after October 1, nomic Committee, $2,750,000, to be disbursed lice Board by an employee of the Sergeant at 1997, clause (iii) of paragraph (3)(A) of sec- by the Secretary of the Senate. Arms of the Senate or the House of Rep- tion 506(b) of the Supplemental Appropria- JOINT COMMITTEE ON PRINTING resentatives designated by the Chairman of tions Act, 1973 (2 U.S.C. 58(b)) is amended to For salaries and expenses of the Joint the Board, $5,401,000, to be disbursed by the read as follows: Committee on Printing, $807,000, to be dis- Chief Administrative Officer of the House of ‘‘(iii) subject to subparagraph (B), in case bursed by the Secretary of the Senate. Representatives: Provided, That, notwith- the Senator represents Alabama, $182,567, JOINT COMMITTEE ON TAXATION standing any other provision of law, the cost Alaska, $251,901, Arizona, $197,079, Arkansas, For salaries and expenses of the Joint of basic training for the Capitol Police at the $168,282, California, $468,724, Colorado, Committee on Taxation, $5,724,000, to be dis- Federal Law Enforcement Training Center $186,350, Connecticut, $160,903, Delaware, bursed by the Chief Administrative Officer of for fiscal year 1998 shall be paid by the Sec- $127,198, Florida, $299,746, Georgia, $210,214, the House: Provided, That $100,000 of the retary of the Treasury from funds available Hawaii, $279,512, Idaho, $163,335, Illinois, funds in this Act shall not be available for to the Department of the Treasury. $266,248, Indiana, $194,770, Iowa, $170,565, Kan- expenditure except for staff designated to ADMINISTRATIVE PROVISIONS sas, $168,177, Kentucky, $177,338, Louisiana, provide Members of Congress, not on the Tax SEC. 101. Amounts appropriated for fiscal $185,647, Maine, $147,746, Maryland, $173,020, Committees, assistance in securing revenue year 1998 for the Capitol Police Board for the Massachusetts, $195,799, Michigan, $236,459, estimates for legislation with the assump- Capitol Police may be transferred between Minnesota, $187,702, Mississippi, $168,103, Mis- tions used in determining the revenue esti- the headings ‘‘SALARIES’’ and ‘‘GENERAL EX- souri, $197,941, Montana, $161,725, Nebraska, mate prepared by the Joint Committee for PENSES’’ upon the approval of— $160,361, Nevada, $171,096, New Hampshire, that Member of Congress. (1) the Committee on Appropriations of the $142,394, New Jersey, $206,260, New Mexico, For other joint items, as follows: House of Representatives, in the case of $166,140, New York, $327,955, North Carolina, OFFICE OF THE ATTENDING PHYSICIAN amounts transferred from the appropriation $210,946, North Dakota, $149,824, Ohio, provided to the Sergeant at Arms of the $259,452, Oklahoma, $181,761, Oregon, $189,345, For medical supplies, equipment, and con- tingent expenses of the emergency rooms, House of Representatives under the heading Pennsylvania, $266,148, Rhode Island, $138,582, ‘‘SALARIES’’; South Carolina, $170,451, South Dakota, and for the Attending Physician and his as- sistants, including (1) an allowance of $1,500 (2) the Committee on Appropriations of the $151,450, Tennessee, $191,954, Texas, $348,681, Senate, in the case of amounts transferred Utah, $168,632, Vermont, $135,925, Virginia, per month to the Attending Physician; (2) an allowance of $500 per month each to two from the appropriation provided to the Ser- $193,467, Washington, $214,694, West Virginia, geant at Arms and Doorkeeper of the Senate $147,772, Wisconsin, $191,569, Wyoming, medical officers while on duty in the Attend- ing Physician’s office; (3) an allowance of under the heading ‘‘SALARIES’’; and $152,438, plus’’. (3) the Committees on Appropriations of (b) Subsection (a) of the first section of $500 per month to one assistant and $400 per the Senate and the House of Representatives, Public Law 100–137 (2 U.S.C. 58c) is amended month each to not to exceed nine assistants in the case of other transfers. by adding at the end the following: on the basis heretofore provided for such as- SEC. 102. (a)(1) The Capitol Police Board ‘‘(6) Effective on and after October 1, 1997, sistance; and (4) $893,000 for reimbursement shall establish and maintain unified sched- the Senators’ Account shall be available for to the Department of the Navy for expenses ules of rates of basic pay for members and ci- the payment of franked mail expenses of incurred for staff and equipment assigned to vilian employees of the Capitol Police which Senators.’’. the Office of the Attending Physician, which shall apply to both Members and employees (c)(1) Section 12 of Public Law 101–520 is re- shall be advanced and credited to the appli- whose appointing authority is an officer of pealed. cable appropriation or appropriations from the Senate and Members and employees (2) The amendment made by paragraph (1) which such salaries, allowances, and other whose appointing authority is an officer of shall be effective on and after October 1, 1997. expenses are payable and shall be available the House of Representatives. (d) Nothing in this section affects the au- for all the purposes thereof, $1,266,000, to be thority of the Committee on Rules and Ad- (2) The Capitol Police Board may, from disbursed by the Chief Administrative Offi- time to time, adjust any schedule estab- ministration of the Senate to prescribe regu- cer of the House. lations relating to the frank by Senators and lished under paragraph (1) to the extent that CAPITOL POLICE BOARD officers of the Senate. the Board determines appropriate to reflect SEC. 4. (a) The aggregate amount author- CAPITOL POLICE changes in the cost of living and to maintain ized by Senate Resolution 54, agreed to Feb- SALARIES pay comparability. ruary 13, 1997, is increased— For the Capitol Police Board for salaries of (3) A schedule established or revised under (1) by $401,635 for the period March 1, 1997, officers, members, and employees of the Cap- paragraph (1) or (2) shall take effect only upon approval by the Committee on House through September 30, 1998, and itol Police, including overtime, hazardous Oversight of the House of Representatives (2) by $994,150 for the period March 1, 1998, duty pay differential, clothing allowance of and the Committee on Rules and Adminis- through February 28, 1999. not more than $600 each for members re- (b) This section is effective on and after tration of the Senate. quired to wear civilian attire, and Govern- (4) A schedule approved under paragraph October 1, 1997. ment contributions for health, retirement, SEC. 5. Effective on and after October 1, (3) shall have the force and effect of law. Social Security, and other applicable em- (b)(1) The Capitol Police Board shall pre- 1997, each of the dollar amounts contained in ployee benefits, $73,935,000, of which the table under section 105(d)(1) of the Legis- scribe, by regulation, a unified leave system $35,507,000 is provided to the Sergeant at for members and civilian employees of the lative Branch Appropriations Act, 1968 (2 Arms of the House of Representatives, to be U.S.C 61–1) shall be deemed to be the dollar Capitol Police which shall apply to both disbursed by the Chief Administrative Offi- Members and employees whose appointing amounts in that table on December 31, 1995, cer of the House, and $38,428,000 is provided increased by 2 percent on January 1, 1996, authority is an officer of the Senate and to the Sergeant at Arms and Doorkeeper of Members and employees whose appointing and by 2.3 percent on January 1, 1997. the Senate, to be disbursed by the Secretary SEC. 6. (a) The aggregate amount author- authority is an officer of the House of Rep- of the Senate: Provided, That, of the amounts ized by Senate Resolution 54, agreed to Feb- resentatives. The leave system shall include appropriated under this heading, such ruary 13, 1997, is increased— provisions for— amounts as may be necessary may be trans- (1) by $125,000 for the period March 1, 1997, (A) annual leave, based on years of service; ferred between the Sergeant at Arms of the through September 30, 1998; and (B) sick leave; House of Representatives and the Sergeant (2) by $175,000 for the period March 1, 1998, (C) administrative leave; at Arms and Doorkeeper of the Senate, upon through February 28, 1999. (D) leave under the Family and Medical (b) Funds in the account, within the con- approval of the Committee on Appropria- Leave Act of 1993 (29 U.S.C. 2601 et seq.); tingent fund of the Senate, available for the tions of the House of Representatives and (E) leave without pay and leave with re- expenses of inquiries and investigations shall the Committee on Appropriations of the Sen- duced pay, including provisions relating to be available for franked mail expenses in- ate. contribution for benefits for any period of curred by committees of the Senate the GENERAL EXPENSES such leave; other expenses of which are paid from that For the Capitol Police Board for necessary (F) approval of all leave by the Chief or the account. expenses of the Capitol Police, including designee of the Chief; S7598 CONGRESSIONAL RECORD — SENATE July 16, 1997

(G) the order in which categories of leave CAPITOL GUIDE SERVICE AND SPECIAL Buildings; and furniture and furnishings to shall be used; SERVICES OFFICE be expended under the control and super- (H) use, accrual, and carryover rules and For salaries and expenses of the Capitol vision of the Architect of the Capitol, limitations, including rules and limitations Guide Service and Special Services Office, $50,922,000, of which $13,200,000 shall remain for any period of active duty in the Armed $1,991,000, to be disbursed by the Secretary of available until expended: Provided, That ap- Forces; the Senate: Provided, That no part of such propriations under this heading for manage- (I) advance of annual leave or sick leave amount may be used to employ more than ment personnel and miscellaneous res- after a member or civilian employee has forty individuals: Provided further, That the taurant expenses hereafter shall be trans- used all such accrued leave; Capitol Guide Board is authorized, during ferred at the beginning of each fiscal year to (J) buy back of annual leave or sick leave emergencies, to employ not more than two the special deposit account in the United used during an extended recovery period in additional individuals for not more than one States Treasury established under Public the case of an injury in the performance of hundred twenty days each, and not more Law 87–82, approved July 6, 1961, as amended duty; than ten additional individuals for not more (40 U.S.C. 174j–4), and effective October 1, (K) the use of accrued leave before termi- than six months each, for the Capitol Guide 1997, all management personnel of the Senate nation of the employment as a member or ci- Service. Restaurant facilities shall be paid from the vilian employee of the Capitol Police, with special deposit account. Management person- STATEMENTS OF APPROPRIATIONS provision for lump sum payment for unused nel transferred hereunder shall be paid at the annual leave; and For the preparation, under the direction of same rates of pay applicable immediately (L) a leave sharing program. the Committees on Appropriations of the prior to the date of transfer, and annual and (2) The leave system under this section Senate and the House of Representatives, of sick leave balances shall be credited to leave may not provide for the accrual of either an- the statements for the first session of the accounts of such personnel in the Senate nual or sick leave for any period of leave One Hundred Fifth Congress, showing appro- Restaurants. without pay or leave with reduced pay. priations made, indefinite appropriations, and contracts authorized, together with a CAPITOL POWER PLANT (3) All provisions of the leave system es- For all necessary expenses for the mainte- tablished under this subsection shall be sub- chronological history of the regular appro- priations bills as required by law, $30,000, to nance, care and operation of the Capitol ject to the approval of the Committee on Power Plant; lighting, heating, power (in- House Oversight of the House of Representa- be paid to the persons designated by the chairmen of such committees to supervise cluding the purchase of electrical energy) tives and the Committee on Rules and Ad- and water and sewer services for the Capitol, ministration of the Senate. All regulations the work. OFFICE OF COMPLIANCE Senate and House office buildings, Library of approved under this subsection shall have Congress buildings, and the grounds about the force and effect of law. SALARIES AND EXPENSES the same, Botanic Garden, Senate garage, (c)(1) Upon the approval of the Capitol Po- For salaries and expenses of the Office of and air conditioning refrigeration not sup- lice Board, a member or civilian employee of Compliance, as authorized by section 305 of plied from plants in any of such buildings; the Capitol Police who is separated from the Congressional Accountability Act of 1995 heating the Government Printing Office and service, may be paid a lump sum payment for (2 U.S.C. 1385), $2,600,000. Washington City Post Office, and heating the accrued annual leave of the member or CONGRESSIONAL BUDGET OFFICE and chilled water for air conditioning for the civilian employee. Supreme Court Building, Union Station com- SALARIES AND EXPENSES (2) The lump sum payment under para- plex, Thurgood Marshall Federal Judiciary graph (1)— For salaries and expenses necessary to Building and the Folger Shakespeare Li- (A) shall equal the pay the member or ci- carry out the provisions of the Congressional brary, expenses for which shall be advanced vilian employee would have received had Budget Act of 1974 (Public Law 93–344), in- or reimbursed upon request of the Architect such member or employee remained in the cluding not more than $2,500 to be expended of the Capitol and amounts so received shall service until the expiration of the period of on the certification of the Director of the be deposited into the Treasury to the credit annual leave; Congressional Budget Office in connection of this appropriation, $33,645,000, of which (B) shall be paid from amounts appro- with official representation and reception $1,650,000 shall remain available until ex- priated to the Capitol Police; expenses, $24,995,000: Provided, That no part pended: Provided, That not more than (C) shall be based on the rate of basic pay of such amount may be used for the purchase $4,000,000 of the funds credited or to be reim- in effect with respect to the member or civil- or hire of a passenger motor vehicle. bursed to this appropriation as herein pro- ian employee on the last day of service of the ARCHITECT OF THE CAPITOL vided shall be available for obligation during member or civilian employee; CAPITOL BUILDINGS AND GROUNDS fiscal year 1998. (D) shall not be calculated on the basis of extending the period of leave described under CAPITOL BUILDINGS LIBRARY OF CONGRESS subparagraph (A) by any holiday occurring SALARIES AND EXPENSES CONGRESSIONAL RESEARCH SERVICE after the date of separation from service; For salaries for the Architect of the Cap- SALARIES AND EXPENSES (E) shall be considered pay for taxation itol, the Assistant Architect of the Capitol, For necessary expenses to carry out the purposes only; and and other personal services, at rates of pay provisions of section 203 of the Legislative (F) shall be paid only after the Chairman provided by law; for surveys and studies in Reorganization Act of 1946 (2 U.S.C. 166) and of the Capitol Police Board certifies the ap- connection with activities under the care of to revise and extend the Annotated Constitu- plicable period of leave to the Secretary of the Architect of the Capitol; for all nec- tion of the United States of America, the Senate or the Chief Administrative Offi- essary expenses for the maintenance, care $65,134,000: Provided, That no part of such cer of the House of Representatives, as ap- and operation of the Capitol and electrical amount may be used to pay any salary or ex- propriate. substations of the Senate and House office pense in connection with any publication, or (3) A member or civilian employee of the buildings under the jurisdiction of the Archi- preparation of material therefor (except the Capitol Police who enters active duty in the tect of the Capitol, including furnishings and Digest of Public General Bills), to be issued armed forces may— office equipment; including not more than by the Library of Congress unless such publi- (A) receive a lump sum payment for ac- $1,000 for official reception and representa- cation has obtained prior approval of either crued annual leave in accordance with this tion expenses, to be expended as the Archi- the Committee on House Oversight of the subsection, in addition to any pay or allow- tect of the Capitol may approve; purchase or House of Representatives or the Committee ance payable from the armed forces; or exchange, maintenance and operation of a on Rules and Administration of the Senate: (B) elect to have the leave remain to the passenger motor vehicle; and not to exceed Provided further, That, notwithstanding any credit of such member or civilian employee $20,000 for attendance, when specifically au- other provision of law, the compensation of until such member or civilian employee re- thorized by the Architect of the Capitol, at the Director of the Congressional Research turns from active duty. meetings or conventions in connection with Service, Library of Congress, shall be at an (4) The Capitol Police Board may prescribe subjects related to work under the Architect annual rate which is equal to the annual rate regulations to carry out this subsection. No of the Capitol, $39,554,000, of which $7,500,000 of basic pay for positions at level IV of the lump sum payment may be paid under this shall remain available until expended. Executive Schedule under section 5315 of subsection until such regulations are ap- CAPITOL GROUNDS title 5, United States Code. proved by the Committee on Rules and Ad- For all necessary expenses for care and im- GOVERNMENT PRINTING OFFICE ministration of the Senate and the Commit- provement of grounds surrounding the Cap- tee on House Oversight of the House of Rep- CONGRESSIONAL PRINTING AND BINDING itol, the Senate and House office buildings, resentatives. All regulations approved under For authorized printing and binding for the and the Capitol Power Plant, $6,203,000, of this subsection shall have the force and ef- Congress and the distribution of Congres- which $745,000 shall remain available until fect of law. sional information in any format; printing expended. (d) Nothing in this section shall be con- and binding for the Architect of the Capitol; strued to effect the appointing authority of SENATE OFFICE BUILDINGS expenses necessary for preparing the semi- any officer of the Senate or the House of For all necessary expenses for mainte- monthly and session index to the Congres- Representatives. nance, care and operation of Senate Office sional Record, as authorized by law (44 July 16, 1997 CONGRESSIONAL RECORD — SENATE S7599

U.S.C. 902); printing and binding of Govern- rights, $34,567,000, of which not more than SEC. 205. Of the amount appropriated to the ment publications authorized by law to be $17,340,000 shall be derived from collections Library of Congress in this Act, not more distributed to Members of Congress; and credited to this appropriation during fiscal than $12,000 may be expended, on the certifi- printing, binding, and distribution of Gov- year 1998 under 17 U.S.C. 708(d), and not more cation of the Librarian of Congress, in con- ernment publications authorized by law to than $5,086,000 shall be derived from collec- nection with official representation and re- be distributed without charge to the recipi- tions during fiscal year 1998 under 17 U.S.C. ception expenses for the Overseas Field Of- ent, $82,269,000: Provided, That this appro- 111(d)(2), 119(b)(2), 802(h), and 1005: Provided, fices. priation shall not be available for paper cop- That the total amount available for obliga- SEC. 206. (a) For fiscal year 1998, the ies of the permanent edition of the Congres- tion shall be reduced by the amount by obligational authority of the Library of Con- sional Record for individual Representatives, which collections are less than $22,426,000: gress for the activities described in sub- Resident Commissioners or Delegates au- Provided further, That not more than $100,000 section (b) may not exceed $100,490,000. thorized under 44 U.S.C. 906: Provided further, of the amount appropriated is available for (b) The activities referred to in subsection That none of the funds appropriated or made the maintenance of an ‘‘International Copy- (a) are reimbursable and revolving fund ac- available under this Act may be expended for right Institute’’ in the Copyright Office of tivities that are funded from sources other printing and binding and related services the Library of Congress for the purpose of than appropriations to the Library in appro- provided to Congress under chapter 7 of title training nationals of developing countries in priations Acts for the legislative branch. 44, United States Code, unless such printing intellectual property laws and policies: Pro- SEC. 207. (a) ESTABLISHMENT.—Effective Oc- and binding and related services are provided vided further, That not more than $2,250 may tober 1, 1997, there is established in the during fiscal year 1998 and the billing of such be expended, on the certification of the Li- Treasury of the United States a revolving printing and binding and related services oc- brarian of Congress, in connection with offi- fund to be known as the Cooperative Acquisi- curs not later than December 31, 1998. cial representation and reception expenses tions Program Revolving Fund (in this sec- This title may be cited as the ‘‘Congres- for activities of the International Copyright tion referred to as the ‘‘revolving fund’’). sional Operations Appropriations Act, 1998’’. Institute. Moneys in the revolving fund shall be avail- able to the Librarian of Congress, without TITLE II—OTHER AGENCIES BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED fiscal year limitation, for financing the co- BOTANIC GARDEN SALARIES AND EXPENSES operative acquisitions program (in this sec- SALARIES AND EXPENSES tion referred to as the ‘‘program’’) under For salaries and expenses to carry out the which the Library acquires foreign publica- For all necessary expenses for the mainte- Act of March 3, 1931 (chapter 400; 46 Stat. tions and research materials on behalf of nance, care and operation of the Botanic 1487; 2 U.S.C. 135a), $47,870,000, of which Garden and the nurseries, buildings, grounds, $14,194,000 shall remain available until ex- participating institutions on a cost-recovery and collections; and purchase and exchange, pended. basis. Obligations under the revolving fund maintenance, repair, and operation of a pas- are limited to amounts specified in the ap- FURNITURE AND FURNISHINGS senger motor vehicle; all under the direction propriations Act for that purpose for any fis- For necessary expenses for the purchase, of the Joint Committee on the Library, cal year. installation, and repair of furniture, furnish- $3,228,000. (b) AMOUNTS DEPOSITED.—The revolving ings, office and library equipment, $4,178,000. fund shall consist of— LIBRARY OF CONGRESS ADMINISTRATIVE PROVISIONS (1) any amounts appropriated by law for SALARIES AND EXPENSES SEC. 201. Appropriations in this Act avail- the purposes of the revolving fund; For necessary expenses of the Library of able to the Library of Congress shall be (2) any amounts held by the Librarian as of Congress not otherwise provided for, includ- available, in an amount of not more than October 1, 1997 or the date of enactment, ing development and maintenance of the $194,290, of which $58,100 is for the Congres- whichever is later, that were collected as Union Catalogs; custody and custodial care sional Research Service, when specifically payment for the Library’s indirect costs of of the Library buildings; special clothing; authorized by the Librarian, for attendance the program; and cleaning, laundering and repair of uniforms; at meetings concerned with the function or (3) the difference between (A) the total preservation of motion pictures in the cus- activity for which the appropriation is made. value of the supplies, equipment, gift fund tody of the Library; operation and mainte- SEC. 202. (a) No part of the funds appro- balances, and other assets of the program, nance of the American Folklife Center in the priated in this Act shall be used by the Li- and (B) the total value of the liabilities (in- Library; preparation and distribution of brary of Congress to administer any flexible cluding unfunded liabilities such as the catalog records and other publications of the or compressed work schedule which— value of accrued annual leave of employees) Library; hire or purchase of one passenger (1) applies to any manager or supervisor in of the program. motor vehicle; and expenses of the Library of a position the grade or level of which is (c) CREDITS TO THE REVOLVING FUND.—The Congress Trust Fund Board not properly equal to or higher than GS–15; and revolving fund shall be credited with all ad- chargeable to the income of any trust fund (2) grants such manager or supervisor the vances and amounts received as payment for held by the Board, $229,904,000, of which not right to not be at work for all or a portion purchases under the program and services more than $7,869,000 shall be derived from of a workday because of time worked by the and supplies furnished to program partici- collections credited to this appropriation manager or supervisor on another workday. pants, at rates estimated by the Librarian to during fiscal year 1998, and shall remain (b) For purposes of this section, the term be adequate to recover the full direct and in- available until expended, under the Act of ‘‘manager or supervisor’’ means any manage- direct costs of the program to the Library June 28, 1902 (chapter 1301; 32 Stat. 480; 2 ment official or supervisor, as such terms are over a reasonable period of time. U.S.C. 150): Provided, That the Library of defined in section 7103(a) (10) and (11) of title (d) UNOBLIGATED BALANCES.—Any unobli- Congress may not obligate or expend any 5, United States Code. gated and unexpended balances in the revolv- funds derived from collections under the Act SEC. 203. Appropriated funds received by ing fund that the Librarian determines to be of June 28, 1902, in excess of the amount au- the Library of Congress from other Federal in excess of amounts needed for activities fi- thorized for obligation or expenditure in ap- agencies to cover general and administrative nanced by the revolving fund, shall be depos- propriations Acts: Provided further, That the overhead costs generated by performing re- ited in the Treasury of the United States as total amount available for obligation shall imbursable work for other agencies under miscellaneous receipts. Amounts needed for be reduced by the amount by which collec- the authority of 31 U.S.C. 1535 and 1536 shall activities financed by the revolving fund tions are less than the $7,869,000: Provided not be used to employ more than 65 employ- means the direct and indirect costs of the further, That of the total amount appro- ees and may be expended or obligated— program, including the costs of purchasing, priated, $9,619,000 is to remain available until (1) in the case of a reimbursement, only to shipping, binding of books and other library expended for acquisition of books, periodi- such extent or in such amounts as are pro- materials; supplies, materials, equipment cals, newspapers, and all other materials in- vided in appropriations Acts; or and services needed in support of the pro- cluding subscriptions for bibliographic serv- (2) in the case of an advance payment, gram; salaries and benefits; general over- ices for the Library, including $40,000 to be only— head; and travel. available solely for the purchase, when spe- (A) to pay for such general or administra- (e) ANNUAL REPORT.—Not later than March cifically approved by the Librarian, of spe- tive overhead costs as are attributable to the 31 of each year, the Librarian of Congress cial and unique materials for additions to work performed for such agency; or shall prepare and submit to Congress an au- the collections: Provided further, That of the (B) to such extent or in such amounts as dited financial statement for the revolving total amount appropriated, $5,584,000 is to re- are provided in appropriations Acts, with re- fund for the preceding fiscal year. The audit main available until expended for the acqui- spect to any purpose not allowable under shall be conducted in accordance with Gov- sition and partial support for implementa- subparagraph (A). ernment Auditing Standards for financial tion of an integrated library system (ILS). SEC. 204. Of the amounts appropriated to audits issued by the Comptroller General of the Library of Congress in this Act, not more the United States. COPYRIGHT OFFICE than $5,000 may be expended, on the certifi- SEC. 208. AUTHORITY OF THE BOARD TO IN- SALARIES AND EXPENSES cation of the Librarian of Congress, in con- VEST GIFT FUNDS.—Section 4 of the Act enti- For necessary expenses of the Copyright nection with official representation and re- tled ‘‘An Act to create a Library of Congress Office, including publication of the decisions ception expenses for the incentive awards Trust Fund Board, and for other purposes’’, of the United States courts involving copy- program. approved March 3, 1925 (2 U.S.C. 160), is S7600 CONGRESSIONAL RECORD — SENATE July 16, 1997 amended by adding at the end the following further, That, $1,500,000 may be expended on Technology Assessment Board under section new undesignated paragraph: the certification of the Public Printer, for 473 of title 2, United States Code, from ‘‘Upon agreement by the Librarian of Con- reimbursement to the General Accounting among topics requested pursuant to para- gress and the board, a gift or bequest accept- Office, for a management audit. graphs (1) or (2) of section 472(d) of such title. ed by the Librarian under the first paragraph GENERAL ACCOUNTING OFFICE TITLE III—GENERAL PROVISIONS of this section may be invested or reinvested SALARIES AND EXPENSES SEC. 301. No part of the funds appropriated in the same manner as provided for trust For necessary expenses of the General Ac- in this Act shall be used for the maintenance funds under the second paragraph of section counting Office, including not more than or care of private vehicles, except for emer- 2.’’. $7,000 to be expended on the certification of gency assistance and cleaning as may be pro- ARCHITECT OF THE CAPITOL the Comptroller General of the United States vided under regulations relating to parking LIBRARY BUILDINGS AND GROUNDS in connection with official representation facilities for the House of Representatives is- STRUCTURAL AND MECHANICAL CARE and reception expenses; temporary or inter- sued by the Committee on House Oversight mittent services under section 3109(b) of title For all necessary expenses for the mechan- and for the Senate issued by the Committee 5, United States Code, but at rates for indi- ical and structural maintenance, care and on Rules and Administration. viduals not more than the daily equivalent SEC. 302. No part of the funds appropriated operation of the Library buildings and of the annual rate of basic pay for level IV of in this Act shall remain available for obliga- grounds, $14,699,000, of which $3,910,000 shall the Executive Schedule under section 5315 of tion beyond fiscal year 1997 unless expressly remain available until expended. such title; hire of one passenger motor vehi- so provided in this Act. GOVERNMENT PRINTING OFFICE cle; advance payments in foreign countries SEC. 303. Whenever in this Act any office or OFFICE OF SUPERINTENDENT OF DOCUMENTS in accordance with 31 U.S.C. 3324; benefits position not specifically established by the SALARIES AND EXPENSES comparable to those payable under sections Legislative Pay Act of 1929 is appropriated 901(5), 901(6) and 901(8) of the Foreign Service For expenses of the Office of Superintend- for or the rate of compensation or designa- Act of 1980 (22 U.S.C. 4081(5), 4081(6) and ent of Documents necessary to provide for tion of any office or position appropriated 4081(8)); and under regulations prescribed by the cataloging and indexing of Government for is different from that specifically estab- the Comptroller General of the United publications and their distribution to the lished by such Act, the rate of compensation States, rental of living quarters in foreign public, Members of Congress, other Govern- and the designation in this Act shall be the countries; $346,751,000: Provided, That not ment agencies, and designated depository permanent law with respect thereto: Pro- more than $1,000,000 of reimbursements re- and international exchange libraries as au- vided, That the provisions in this Act for the ceived incident to the operation of the Gen- thorized by law, $29,077,000: Provided, That various items of official expenses of Mem- eral Accounting Office Building shall be travel expenses, including travel expenses of bers, officers, and committees of the Senate available for use in fiscal year 1998: Provided the Depository Library Council to the Public and House of Representatives, and clerk hire further, That an additional amount of Printer, shall not exceed $150,000: Provided for Senators and Members of the House of $4,404,000 shall be available by transfer from further, That amounts of not more than Representatives shall be the permanent law funds previously deposited in the special ac- $2,000,000, from current year appropriations with respect thereto. count established pursuant to 31 U.S.C. 782: are authorized for producing and disseminat- SEC. 304. The expenditure of any appropria- Provided further, That notwithstanding 31 ing Congressional serial sets and other relat- tion under this Act for any consulting serv- U.S.C. 9105 hereafter amounts reimbursed to ed publications for 1996 and 1997 to deposi- ice through procurement contract, pursuant the Comptroller General pursuant to that tory and other designated libraries. to 5 U.S.C. 3109, shall be limited to those section shall be deposited to the appropria- contracts where such expenditures are a GOVERNMENT PRINTING OFFICE REVOLVING tion of the General Accounting Office then matter of public record and available for FUND available and remain available until ex- public inspection, except where otherwise The Government Printing Office is hereby pended, and not more than $2,000,000 of such provided under existing law, or under exist- authorized to make such expenditures, with- funds shall be available for use in fiscal year ing Executive order issued pursuant to exist- in the limits of funds available and in accord 1998: Provided further, That this appropria- ing law. with the law, and to make such contracts tion and appropriations for administrative SEC. 305. Such sums as may be necessary and commitments without regard to fiscal expenses of any other department or agency are appropriated to the account described in year limitations as provided by section 9104 which is a member of the Joint Financial subsection (a) of section 415 of Public Law of title 31, United States Code, as may be Management Improvement Program 104–1 to pay awards and settlements as au- necessary in carrying out the programs and (JFMIP) shall be available to finance an ap- thorized under such subsection. purposes set forth in the budget for the cur- propriate share of JFMIP costs as deter- SEC. 306. Section 316 of Public Law 101–302 rent fiscal year for the Government Printing mined by the JFMIP, including the salary of is amended in the first sentence of sub- Office revolving fund: Provided, That not the Executive Director and secretarial sup- section (a) by striking ‘‘1997’’ and inserting more than $2,500 may be expended on the cer- port: Provided further, That this appropria- ‘‘1998’’. tification of the Public Printer in connection tion and appropriations for administrative SEC. 307. The Government Printing Office with official representation and reception expenses of any other department or agency shall be considered an agency for the pur- expenses: Provided further, That the revolv- which is a member of the National Intergov- poses of the election in section 801(b)(2)(B) of ing fund shall be available for the hire or ernmental Audit Forum or a Regional Inter- the National Energy Conservation Policy purchase of not more than twelve passenger governmental Audit Forum shall be avail- Act and the Public Printer shall be consid- motor vehicles: Provided further, That ex- able to finance an appropriate share of either ered the head of the agency for purposes of penditures in connection with travel ex- Forum’s costs as determined by the respec- subsection (b)(2)(C) of such section. penses of the advisory councils to the Public tive Forum, including necessary travel ex- SEC. 308. RESIDENCE OF MEMBERS OF CON- Printer shall be deemed necessary to carry penses of non-Federal participants. Pay- GRESS.—Section 113 of title 4, United States out the provisions of title 44, United States ments hereunder to either the Forum or the Code, is amended— Code: Provided further, That the revolving JFMIP may be credited as reimbursements (1) in the section heading by striking ‘‘for fund shall be available for temporary or to any appropriation from which costs in- State income tax laws’’; and intermittent services under section 3109(b) of volved are initially financed: Provided fur- (2) by striking subsection (b) and inserting title 5, United States Code, but at rates for ther, That this appropriation and appropria- the following new subsections: individuals not more than the daily equiva- tions for administrative expenses of any ‘‘(b) Notwithstanding any other provision lent of the annual rate of basic pay for level other department or agency which is a mem- of law, a Member of Congress and the Mem- V of the Executive Schedule under section ber of the American Consortium on Inter- ber’s spouse, dependents, and staff shall be 5316 of such title: Provided further, That the national Public Administration (ACIPA) treated as permanent residents and domicil- revolving fund and the funds provided under shall be available to finance an appropriate iaries of the State or district which the the headings ‘‘OFFICE OF SUPERINTENDENT OF share of ACIPA costs as determined by the Member represents, notwithstanding that DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ ACIPA, including any expenses attributable the Member and the Member’s spouse, de- together may not be available for the full- to membership of ACIPA in the Inter- pendents, and staff may be absent from, or time equivalent employment of more than national Institute of Administrative may maintain a place of abode outside of, 3,550 workyears by the end of fiscal year 1998: Sciences: Provided further, That $500,000 shall such State. A Member of Congress and the Provided further, That activities financed be available only for expenditure on studies Member’s spouse, dependents, and staff shall through the revolving fund may provide in- and assessments, to be carried out by not- be entitled to the same rights, privileges, formation in any format: Provided further, for-profit scientific, technological, or edu- immunities, and benefits and shall be subject That the revolving fund shall not be used to cational institutions, of the matters de- to the same responsibilities, taxation, and li- administer any flexible or compressed work scribed in section 472(c) of title 2, United abilities as other residents and domiciliaries schedule which applies to any manager or su- States Code: Provided further, That topics for who physically reside in such State, includ- pervisor in a position the grade or level of studies and assessments under the previous ing maintaining a State driver’s license, reg- which is equal to or higher than GS–15: Pro- proviso, and the institutions designated to istering vehicles in such State (without re- vided further, That expenses for attendance carry out the studies and assessments, shall gard to whether such vehicle is physically lo- at meetings shall not exceed $75,000: Provided be selected by the voting members of the cated in such State), registering to vote in July 16, 1997 CONGRESSIONAL RECORD — SENATE S7601 such State, and qualifying for benefits, ployee’’ means an employee of the United Capitol (including the United States Senate loans, or other programs that such State States Senate Restaurants of the Office of Restaurants) in a position in the excepted may make available to other residents and the Architect of the Capitol, serving without service as defined under section 2103 of title domiciliaries who physically reside in such limitation, who has been currently employed 5, United States Code. State. for a continuous period of at least 12 months, (2) For purposes of applying for employ- ‘‘(c) For the purposes of this section— except that such term shall not include— ment for any position in the executive ‘‘(1) the term ‘Member of Congress’ in- (A) a reemployed annuitant under sub- branch (including for purposes of the admin- cludes the delegates from the District of Co- chapter III of chapter 83 or chapter 84 of title istration of chapter 33 of title 5, United lumbia, Guam, and the Virgin Islands, and 5, United States Code, or another retirement States Code, with respect to such employ- the Resident Commissioner from Puerto system for employees of the Government; ment application), any period of service de- Rico; (B) an employee having a disability on the scribed under paragraph (1)(B) of this sub- ‘‘(2) the term ‘State’ includes the District basis of which such employee is or would be section shall be deemed a period of service in of Columbia; and eligible for disability retirement under any the competitive service as defined under sec- ‘‘(3) the term ‘dependents’ includes any of the retirement systems referred to in sub- tion 2102 of title 5, United States Code. person— paragraph (A); or (3) This subsection shall— ‘‘(A) who derives his or her support from a (C) an employee who is employed on a tem- (A) take effect on the date of enactment of Member of Congress; and porary when actually employed basis. this Act; and ‘‘(B)(i) is a child of such Member who is age (2) Notwithstanding any other provision of (B) apply only to an employment applica- 23 or younger; or law, in order to avoid or minimize the need ‘‘(ii) is a ward of such Member; and tion submitted by an employee during the 2- for involuntary separations due to a reduc- year period beginning on the date of such ‘‘(4) the term ‘staff’ means any person tion in force, reorganization, transfer of who— employee’s separation from service described function, or other similar action affecting under paragraph (1)(A). ‘‘(A) is in the employ of the Member of the agency, the Architect of the Capitol (e) RETRAINING, JOB PLACEMENT, AND COUN- Congress for the purpose of assisting the shall establish a program under which vol- Member in the performance of official duties; SELING SERVICES.—(1) In this subsection, the untary separation incentive payments may term ‘‘employee’’— and be offered to encourage not more than 50 eli- ‘‘(B) was resident and domiciliary of the (A) means an employee of the United gible employees to separate from service vol- States Senate Restaurants of the Office of State or district which the Member rep- untarily (whether by retirement or resigna- resents when such person entered the employ the Architect of the Capitol; and tion) during the period beginning on the date (B) shall not include— of the Member. of the enactment of this Act through Sep- ‘‘(d) This section shall not apply to any (i) a reemployed annuitant under sub- tember 30, 1999. spouse, dependent, or staff of a Member of chapter III of chapter 83 or chapter 84 of title (3) Such voluntary separation incentive Congress who claims residency or a domicile 5, United States Code, or another retirement payments shall be paid in accordance with in a State other than the State which the system for employees of the Government; or the provisions of section 5597(d) of title 5, Member represents or in which the Member’s (ii) an employee who is employed on a tem- United States Code. Any such payment shall district is located.’’. porary when actually employed basis. (b) The chapter analysis for chapter 4 of not be a basis of payment, and shall not be included in the computation, of any other (2) The Architect of the Capitol may estab- title 4, United States Code, is amended in the lish a program to provide retraining, job item for section 113 by striking ‘‘for State type of Government benefit. (4)(A) Subject to subparagraph (B), an em- placement, and counseling services to em- income tax laws’’. ployees and former employees. SEC. 309. (a) SEVERANCE PAY.—Section 5595 ployee who has received a voluntary separa- (3) A former employee may not participate of title 5, United States Code, is amended— tion incentive payment under this section in a program established under this sub- (1) in subsection (a)(1)— and accepts employment with the Govern- section, if— (A) in subparagraph (D) by striking ‘‘and’’ ment of the United States within 5 years after the semicolon; and after the date of the separation on which the (A) the former employee was separated (B) by adding after subparagraph (E) the payment is based shall be required to repay from service with the United States Senate following new subparagraph: the entire amount of the incentive payment Restaurants of the Office of the Architect of ‘‘(F) the Office of the Architect of the Cap- to the agency that paid the incentive pay- the Capitol for more than 1 year; or itol, but only with respect to the United ment. (B) the separation was by removal for States Senate Restaurants; and’’; (B)(i) If the employment is with an Execu- cause on charges of misconduct or delin- (2) in subsection (a)(2)— tive agency (as defined by section 105 of title quency. (A) in clause (vii) by striking ‘‘or’’ after 5, United State Code), the Director of the Of- (4) Retraining costs for the program estab- the semicolon; fice of Personnel Management may, at the lished under this subsection may not exceed (B) by redesignating clause (viii) as clause request of the head of the agency, waive the $5,000 for each employee or former employee. (ix) and inserting after clause (vii) the fol- repayment if the individual involved pos- (f) ADMINISTRATIVE PROVISIONS.—(1) The lowing: sesses unique abilities and is the only quali- Architect of the Capitol— ‘‘(viii) an employee of the United States fied applicant available for the position. (A) may use employees of the Office of the Senate Restaurants of the Office of the Ar- (ii) If the employment is with an entity in Architect of the Capitol to establish and ad- chitect of the Capitol, who is employed on a the legislative branch, the head of the entity minister programs and carry out the provi- temporary when actually employed basis; or the appointing official may waive the re- sions of this section; and or’’; and payment if the individual involved possesses (B) may procure temporary and intermit- (3) in subsection (b) by adding at the end unique abilities and is the only qualified ap- tent services under section 3109(b) of title 5, the following: ‘‘The Architect of the Capitol plicant available for the position. United States Code, to carry out such provi- may prescribe regulations to effect the appli- (iii) If the employment is with the judicial sions— cation and operation of this section to the branch, the Director of the Administrative (i) not subject to the 1 year of service limi- agency specified in subsection (a)(1)(F) of Office of the United States Courts may waive tation under such section 3109(b); and this section.’’. the repayment if the individual involved pos- (ii) at rates for individuals which do not (b) EARLY RETIREMENT.—(1) This sub- sesses unique abilities and is the only quali- exceed the daily equivalent of the annual section applies to an employee of the United fied applicant available for the position. rate of basic pay prescribed for level V of the States Senate Restaurants of the Office of (C) For purposes of subparagraph (A) (but Executive Schedule under section 5316 of the Architect of the Capitol who— not subparagraph (B)), the term ‘‘employ- such title. (A) voluntarily separates from service on ment’’ includes employment under a per- (2) Funds to carry out subsections (a) and or after the date of enactment of this Act sonal services contract with the United (c) may be expended only from funds avail- and before October 1, 1999; and States. able for the basic pay of the employee who is (5) The Architect of the Capitol may pre- (B) on such date of separation— receiving the applicable payment. scribe regulations to carry out this sub- (i) has completed 25 years of service as de- (3) Funds to carry out subsection (e) may section. fined under section 8331(12) or 8401(26) of title be expended from any funds made available (d) COMPETITIVE SERVICE TREATMENT FOR 5, United States Code; or to the Architect of the Capitol. (ii) has completed 20 years of such service CERTAIN EMPLOYEES.—(1) This subsection ap- plies to any employee of the United States This Act may be cited as the ‘‘Legislative and is at least 50 years of age. Branch Appropriations Act, 1998’’. (2) Notwithstanding any provision of chap- Senate Restaurants of the Office of the Ar- ter 83 or 84 of title 5, United States Code, an chitect of the Capitol who— Mr. BENNETT. I further ask unani- employee described under paragraph (1) is (A) is involuntarily separated from service mous consent that the bill not be en- entitled to an annuity which shall be com- on or after the date of the enactment of this grossed, that it remain at the desk puted consistent with the provisions of law Act and before October 1, 1999 (except by re- pending receipt of the House compan- moval for cause on charges of misconduct or applicable to annuities under section 8336(d) ion measure. or 8414(b) of title 5, United States Code. delinquency); and (c) VOLUNTARY SEPARATION INCENTIVE PAY- (B) has performed any period of service em- I further ask unanimous consent that MENTS.—(1) In this subsection, the term ‘‘em- ployed in the Office of the Architect of the when the House companion measure is S7602 CONGRESSIONAL RECORD — SENATE July 16, 1997 received in the Senate, all after the en- from the President of the United George Ulaldner of Pennsylvania, and acting clause be stricken, except ap- States submitting nominations which Mr. Jonathan Brown of California. propriations for the House of Rep- were referred to the Committee on the ENROLLED BILL SIGNED resentatives and House Office Build- Judiciary. At 12:33 p.m., a message from the ings, and that the text of S. 1019, as (The nominations received today are House of Representatives, delivered by passed, be inserted in lieu thereof, the printed at the end of the Senate pro- Ms. Goetz, one of its reading clerks, an- Senate insist on its amendments, and ceedings.) nounced that the Speaker has signed request a conference with the House; f the following bill: and, finally, the Chair be authorized to H.R. 2018. An act to waive temporarily the appoint conferees on the part of the REPORT OF AN AGREEMENT BE- Medicaid enrollment composition rule for Senate. TWEEN THE UNITED STATES the Better Health Plan of Amherst, New I further ask unanimous consent that AND THE PEOPLE’S REPUBLIC York. when the House bill is passed, pursuant OF CHINA—MESSAGE FROM THE The enrolled bill was signed subse- to the previous order, the passage of S. PRESIDENT—PM 53 quently by the President pro tempore 1019 be vitiated, and that S. 1019 be in- The PRESIDING OFFICER laid be- (Mr. THURMOND). definitely postponed. fore the Senate the following message f The PRESIDING OFFICER. Is there from the President of the United MEASURES REFERRED objection? States, together with an accompanying Hearing no objection, so ordered. report; referred jointly, pursuant to 16 The following bills were read the first I thank the Chair. U.S.C. 1823(b), to the Committee on and second times by unanimous con- f Commerce, Science, and Transpor- sent and referred as indicated: tation, and to the Committee on For- H.R. 378. An act for the relief of Heraclio MORNING BUSINESS eign Relations. Tolley; to the Committee on the Judiciary. H.R. 1818. An act to amend the Juvenile Mr. BENNETT. Mr. President, I ask To the Congress of the United States: Justice and Delinquency Prevention Act of unanimous consent that there now be a In accordance with the Magnuson- 1974 to authorize appropriations for fiscal period for the transaction of morning Stevens Fishery Conservation and years 1998, 1999, 2000, and 2001, and for other business with Senators permitted to Management Act of 1976 (16 U.S.C. 1801 purposes; to the Committee on the Judici- speak for up to 5 minutes each. ary. et seq.), I transmit herewith an Agree- H.R. 2107. An act making appropriations The PRESIDING OFFICER. Without ment between the Government of the objection, it is so ordered. for the Department of the Interior and relat- United States of America and the Gov- ed agencies for the fiscal year ending Sep- f ernment of the People’s Republic of tember 30, 1998, and for other purposes; to THE VERY BAD DEBT BOXSCORE China Extending the Agreement of the Committee on Appropriations. July 23, 1985, Concerning Fisheries Off f Mr. HELMS. Mr. President, at the the Coasts of the United States, with close of business yesterday, Tuesday, EXECUTIVE AND OTHER Annexes and Agreed Minutes, as COMMUNICATIONS July 15, 1997, the federal debt stood at amended and extended. This Agree- $5,357,142,567,691.66. (Five trillion, three ment, which was effected by an ex- The following communications were hundred fifty-seven billion, one hun- change of notes at Beijing on June 6 laid before the Senate, together with dred forty-two million, five hundred and July 1, 1996, extends the 1985 Agree- accompanying papers, reports, and doc- sixty-seven thousand, six hundred nine- ment to July 1, 1998. uments, which were referred as indi- ty-one dollars and sixty-six cents) In light of the importance of our fish- cated: One year ago, July 15, 1996, the fed- eries relationship with the People’s Re- EC–2494. A communication from the Sec- eral debt stood at $5,156,314,000,000. public of China, I urge that the Con- retary of the Federal Trade Commission, (Five trillion, one hundred fifty-six bil- transmitting, pursuant to law, a report rel- gress give favorable consideration to ative to tar, nicotine, and carbon monoxide lion, three hundred fourteen million) this Agreement at an early date. Five years ago, July 15, 1992, the fed- for calendar year 1994; to the Committee on WILLIAM J. CLINTON. Commerce, Science, and Transportation. eral debt stood at $3,976,930,000,000. THE WHITE HOUSE, July 16, 1997. EC–2495. A communication from the Asso- (Three trillion, nine hundred seventy- f ciate Managing Director for Performance six billion, nine hundred thirty mil- Evaluation and Records Management, Fed- lion) MESSAGES FROM THE HOUSE eral Communications Commission, transmit- Ten years ago, July 15, 1987, the fed- ting, pursuant to law, three rules received on At 12 noon, a message from the House June 30, 1997; to the Committee on Com- eral debt stood at $2,318,428,000,000. of Representatives, delivered by Mr. (Two trillion, three hundred eighteen merce, Science, and Transportation. Hays, one of its reading clerks, an- EC–2496. A communication from the Asso- billion, four hundred twenty-eight mil- nounced that the House has passed the ciate Managing Director for Performance lion) following bills, in which it request the Evaluation and Records Management, Fed- Fifteen years ago, July 15, 1982, the concurrence of the Senate. eral Communications Commission, transmit- federal debt stood at $1,083,163,000,000 ting, pursuant to law, fifteen rules received H.R. 378. An act for the relief of Heraclio (One trillion, eighty-three billion, one on July 3, 1997; to the Committee on Com- Tolley. hundred sixty-three million) which re- merce, Science, and Transportation. H.R. 584. An act for the relief of John Wes- EC–2497. A communication from the Asso- flects a debt increase of more than $4 ley Davis. trillion—$4,273,979,567,691.66 (Four tril- ciate Managing Director for Performance H.R. 1818. An act to amend the Juvenile Evaluation and Records Management, Fed- lion, two hundred seventy-three bil- and Delinquency Prevention Act of 1974 to eral Communications Commission, transmit- lion, nine hundred seventy-nine mil- authorize appropriations for fiscal years 1998, ting, pursuant to law, a rule received on July lion, five hundred sixty-seven thou- 1999, 2000, and 2001, and for other purposes. 14, 1997; to the Committee on Commerce, sand, six hundred ninety-one dollars H.R. 2107. An act making appropriations Science, and Transportation. and sixty-six cents) during the past 15 for the Department of the Interior and relat- EC–2498. A communication from the Gen- ed agencies for the fiscal year ending Sep- years. eral Counsel of the Department of Transpor- tember 30, 1998, and for other purposes. tation, transmitting, pursuant to law, six f H.R. 2035. An act to authorize transfer of rules received on June 30, 1997; to the Com- naval vessels to certain foreign countries. MESSAGES FROM THE PRESIDENT mittee on Commerce, Science, and Transpor- The message also announced that tation. Messages from the President of the pursuant to the provisions of section EC–2499. A communication from the Gen- United States were communicated to 40003 of Public Law 105–18, the Chair eral Counsel of the Department of Transpor- the Senate by Mr. Williams, one of his announces the Speaker’s appointment tation, transmitting, pursuant to law, a rule secretaries. received on June 30, 1997; to the Committee of the following members on the part of on Commerce, Science, and Transportation. EXECUTIVE MESSAGES REFERRED the House to the National Commission EC–2500. A communication from the Gen- As in executive session the Presiding on the Cost of Higher Education: Mr. eral Counsel of the Department of Transpor- Officer laid before the Senate messages Martin Anderson of California, Mr. tation, transmitting, pursuant to law, a rule July 16, 1997 CONGRESSIONAL RECORD — SENATE S7603 received on July 7, 1997; to the Committee on INTRODUCTION OF BILLS AND ployment Opportunities Act of 1997, Commerce, Science, and Transportation. JOINT RESOLUTIONS along with my good friend and distin- EC–2501. A communication from the Gen- guished colleague, Senator MAX eral Counsel of the Department of Transpor- The following bills and joint resolu- CLELAND. We are joined by Senators tation, transmitting, pursuant to law, twelve tions were introduced, read the first rules received on July 10, 1997; to the Com- and second time by unanimous con- HUTCHINSON of Arkansas, HELMS, DOR- mittee on Commerce, Science, and Transpor- sent, and referred as indicated: GAN, ROTH, FAIRCLOTH, BURNS, LANDRIEU, MOYNIHAN, REID of Nevada, tation. By Mr. HAGEL (for himself, Mr. EC–2502. A communication from the Na- AMPBELL CLELAND, Mr. HUTCHINSON, Mr. DOR- and C . This important piece of tional Oceanic and Atmospheric Administra- GAN, Mr. BURNS, Mr. ROTH, Mr. legislation is needed to help America’s tion, National Marine Fisheries Service, De- FAIRCLOTH, Mr. HELMS, Mr. MOY- most deserving and self-sacrificing citi- partment of Commerce, transmitting, pursu- NIHAN, Ms. LANDRIEU, Mr. REID, and zens, our veterans, to get and hold jobs ant to law, a rule received on July 1, 1997; to Mr. CAMPBELL): with the Federal Government. the Committee on Commerce, Science, and S. 1021. A bill to amend title 5, United Transportation. In 1944, the Congress enacted the first States Code, to provide that consideration veterans employment preference legis- EC–2503. A communication from the Assist- may not be denied to preference eligibles ap- ant Administrator for Fisheries, National plying for certain positions in the competi- lation. That law was intended to assist Oceanic and Atmospheric Administration, tive service, and for other purposes; to the service men and women returning from National Marine Fisheries Service, Depart- Committee on Veterans Affairs. the battlefields of World War II in get- ment of Commerce, transmitting, pursuant By Mr. GREGG: ting Federal Government jobs. to law, a rule received on June 27, 1997; to S. 1022. An original bill making appropria- Through the years many changes have the Committee on Commerce, Science, and tions for the Departments of Commerce, Jus- taken place in the way we manage civil Transportation. tice, and State, the Judiciary, and related EC–2504. A communication from the Acting service personnel within our Govern- agencies for the fiscal year ending Septem- ment, and most recently there has been Director of the Office of Sustainable Fish- ber 30, 1998, and for other purposes; from the eries, National Oceanic and Atmospheric Ad- Committee on Appropriations; placed on the considerable focus on downsizing the ministration, National Marine Fisheries calendar. Federal bureaucracy. One thing has not Service, Department of Commerce, transmit- By Mr. CAMPBELL: changed however, and that is that our ting, pursuant to law, four rules; to the Com- S. 1023. An original bill making appropria- veterans need to find employment mittee on Commerce, Science, and Transpor- tions for the Treasury Department, the Unit- when they return to civilian life. tation. ed States Postal Service, the Executive Of- EC–2505. A communication from the Direc- This bill addresses the critical need fice of the President, and certain Independ- to revise and make more ‘‘user friend- tor of the Office of Sustainable Fisheries, ent Agencies, for the fiscal year ending Sep- National Oceanic and Atmospheric Adminis- tember 30, 1998, and for other purposes; from ly’’ those laws that help veterans to tration, National Marine Fisheries Service, the Committee on Appropriations; placed on get Federal jobs, and to hold on to Department of Commerce, transmitting, pur- the calendar. them as the Government downsizes. I suant to law, four rules; to the Committee By Mr. GRASSLEY (for himself, Mr. want to emphasize that this bill does on Commerce, Science, and Transportation. DASCHLE, and Mr. DURBIN): not guarantee anyone a job, but it does EC–2506. A communication from the Dep- S. 1024. A bill to make chapter 12 of title 11 allow the sacrifices made by those who uty Assistant Administrator for Fisheries, of the United States Code permanent, and for National Oceanic and Atmospheric Adminis- served in uniform to have their service other purposes; to the Committee on the Ju- recognized as they are considered along tration, National Marine Fisheries Service, diciary. Department of Commerce, transmitting, pur- By Mr. GRAHAM (for himself, Mr. with others for Federal jobs. suant to law, three rules; to the Committee MACK, and Mr. GRASSLEY): The statistical evidence of need for on Commerce, Science, and Transportation. S. 1025. A bill to provide for a study of the this legislation tells a troubling story. EC–2507. A communication from the Gen- South Florida High Intensity Drug Traffick- When Federal job openings occur, the eral Counsel of the Department of Transpor- ing Area, and for other purposes; to the Com- hiring official is sent a job referral list tation, transmitting, pursuant to law, two mittee on the Judiciary. rules received on July 16, 1997; to the Com- that includes the names of qualified mittee on Commerce, Science, and Transpor- f applicants from which the job can be tation. SUBMISSION OF CONCURRENT AND filled. The General Accounting Office f SENATE RESOLUTIONS [GAO] found that 71 percent of job re- ferral lists were returned without hir- PETITIONS AND MEMORIALS The following concurrent resolutions ing when a veteran headed the list. By The following petitions and memori- and Senate resolutions were read, and contrast, 51 percent of nonveteran lists als were laid before the Senate and referred (or acted upon), as indicated: are returned. Not only are veterans not were referred or ordered to lie on the By Mr. GORTON (for himself and Mrs. getting the preference that the stat- table as indicated: FEINSTEIN): utes require, but too often, veterans S. Res. 108. Resolution expressing the sense are less likely than other applicants to POM–185. A resolution adopted by the of the Senate on the European Commissions Blount County (Tennessee) Legislative Body handling of the Boeing McDonnell-Douglas be hired for a Federal job. relative to the National Spallation Neutron merger; to the Committee on Foreign Rela- This bill will also end unfair designer Source; to the Committee on Commerce, tions. RIFs that single out veterans for re- Science, and Transportation. f moval from the Federal work force dur- f ing reductions in force. Perhaps more STATEMENTS ON INTRODUCED important, this bill makes a violation REPORTS OF COMMITTEES BILLS AND JOINT RESOLUTIONS of this law a prohibited personnel prac- The following reports of committees By Mr. HAGEL (for himself, Mr. tice, putting teeth in the law where were submitted: CLELAND, Mr. HUTCHINSON, Mr. DORGAN, none now exist. By Mr. GREGG, from the Committee on Mr. BURNS, Mr. ROTH, Mr. FAIRCLOTH, I am proud to say that 19 military, Appropriations, without amendment: Mr. HELMS, Mr. MOYNIHAN, Ms. veterans, and patriotic associations S. 1022. An original bill making appropria- LANDRIEU, Mr. REID), and Mr. CAMP- have indicated that such legislation is tions for the Departments of Commerce, Jus- BELL: needed and that they strongly support tice, and State, the Judiciary, and related agencies for the fiscal year ending Septem- S. 1021. A bill to amend title 5, Unit- this legislation. ber 30, 1998, and for other purposes (Rept. No. ed States Code, to provide that consid- Those who have made very special 105–48). eration may not be denied to pref- contributions to America and our way By Mr. CAMPBELL, from the Committee erence eligibles applying for certain of life, ensuring freedom and individual on Appropriations, without amendment: positions in the competitive service, liberties to all Americans, deserve rec- S. 1023. An original bill making appropria- and for other purposes; to the Commit- ognition and fairness when applying for tions for the Treasury Department, the Unit- tee on Veterans Affairs. employment in Federal Government. ed States Postal Service, the Executive Of- fice of the President, and certain Independ- THE VETERANS EMPLOYMENT OPPORTUNITIES Our veterans do not ask for special ent Agencies, for the fiscal year ending Sep- ACT OF 1997 privileges. Fifty years ago this Nation tember 30, 1998, and for other purposes (Rept. Mr. HAGEL. Mr. President, I rise made the decision to recognize the sac- No. 105–49). today to introduce the Veterans Em- rifices and extra commitment made by S7604 CONGRESSIONAL RECORD — SENATE July 16, 1997 our veterans for America. This legisla- ‘‘(b) The Office of Personnel Management (or occupational level) in the competitive tion ensures that special recognition shall cause to be established and kept cur- area. In such cases, the preference eligible will be provided. rent— shall be entitled to be placed in another I am very proud to join my friend and ‘‘(1) a comprehensive list of all announce- competitive level for which such preference ments of vacant positions (in the competi- colleague, the distinguished Senator eligible is qualified. If the preference eligible tive service and the excepted service, respec- is qualified for more than one competitive from Georgia, Senator MAX CLELAND, tively) within each agency that are to be level, such preference eligible shall be placed who himself has made tremendous con- filled by appointment for more than 1 year in the competitive level containing the most tributions to this country. and for which applications are being or will positions. Mr. President, I ask unanimous con- soon be accepted from outside the agency’s ‘‘(2) For purposes of paragraph (1)— sent that the text of the bill be printed work force; and ‘‘(A) a preference eligible shall be consid- ‘‘(2) a comprehensive list of all announce- in the RECORD. ered qualified to perform the essential func- ments of vacant positions within each agen- There being no objection, the bill was tions of a position if, by reason of experi- cy for which applications are being or will ordered to be printed in the RECORD, as ence, training, or education (and, in the case soon be accepted and for which competition follows: of a disabled veteran, with reasonable ac- is restricted to individuals having competi- commodation), a reasonable person could S. 1021 tive status or employees of such agency, ex- conclude that the preference eligible would Be it enacted by the Senate and House of Rep- cluding any position required to be listed be able to perform those functions success- resentatives of the United States of America in under paragraph (1).’’. fully within a period of 150 days; and Congress assembled, (2) ADDITIONAL INFORMATION.—Section ‘‘(B) a preference eligible shall not be con- SECTION 1. SHORT TITLE. 3330(c) of title 5, United States Code, is sidered unqualified solely because such pref- This Act may be cited as the ‘‘Veterans amended by striking ‘‘and’’ at the end of erence eligible does not meet the minimum Employment Opportunities Act of 1997’’. paragraph (2), by redesignating paragraph (3) qualification requirements relating to pre- SEC. 2. EQUAL ACCESS FOR VETERANS. as paragraph (4), and by inserting after para- vious experience in a specified grade (or oc- (a) COMPETITIVE SERVICE.—Section 3304 of graph (2) the following: cupational level), if any, that are established title 5, United States Code, is amended by ‘‘(3) for all positions under subsection (b)(1) for such position by the Office of Personnel adding at the end the following: as to which section 3304(f) applies and for all Management or the agency. ‘‘(f)(1) No preference eligible, and no indi- positions under subsection (b)(2), a notation vidual (other than a preference eligible) who as to the applicability of section 3304(f) with ‘‘(h) In connection with any reduction in has been separated from the armed forces respect thereto; and’’. force, a preference eligible whose current or under honorable conditions after 3 or more (3) CONFORMING AMENDMENT.—Section most recent performance rating is at least years of active service, shall be denied the 3330(d) of title 5, United States Code, is fully successful (or the equivalent) shall opportunity to compete for an announced va- amended by striking ‘‘The list’’ and insert- have, in addition to such assignment rights cant position within an agency, in the com- ing ‘‘Each list under subsection (b)’’. as are prescribed by regulation, the right, in petitive service or the excepted service, by (d) PROVISIONS RELATING TO THE UNITED lieu of separation, to be assigned to any posi- reason of— STATES POSTAL SERVICE.— tion within the agency conducting the reduc- ‘‘(A) not having acquired competitive sta- (1) IN GENERAL.—Subsection (a) of section tion in force— tus; or 1005 of title 39, United States Code, is amend- ‘‘(1) for which such preference eligible is ‘‘(B) not being an employee of such agency. ed by adding at the end the following: qualified under subsection (g)(2)— ‘‘(2) Nothing in this subsection shall pre- ‘‘(5)(A) The provisions of section 3304(f) of ‘‘(A) that is within the preference eligible’s vent an agency from filling a vacant position title 5 shall apply with respect to the Postal commuting area and at the same grade (or (whether by appointment or otherwise) sole- Service in the same manner and under the occupational level) as the position from ly from individuals on a priority placement same conditions as if the Postal Service were which the preference eligible was released, list consisting of individuals who have been an agency within the meaning of such provi- and that is then occupied by an individual, separated from the agency due to a reduction sions. other than another preference eligible, who in force and surplus employees (as defined ‘‘(B) Nothing in this subsection shall be was placed in such position (whether by ap- under regulations prescribed by the Office).’’. considered to require the application of sec- pointment or otherwise) within 6 months be- (b) CIVIL SERVICE EMPLOYMENT INFORMA- tion 3304(f) of title 5 in the case of any indi- fore the reduction in force if, within 12 TION.— vidual who is not an employee of the Postal months prior to the date on which such indi- (1) VACANT POSITIONS.—Section 3327(b) of Service if— vidual was so placed in such position, such title 5, United States Code, is amended by ‘‘(i) the vacant position involved is to be individual had been employed in the same striking ‘‘and’’ at the end of paragraph (1), filled pursuant to a collective-bargaining competitive area as the preference eligible; by redesignating paragraph (2) as paragraph agreement; or (3), and by inserting after paragraph (1) the ‘‘(ii) the collective-bargaining agreement ‘‘(B) that is within the preference eligible’s following: restricts competition for such position to in- competitive area and that is then occupied ‘‘(2) each vacant position in the agency for dividuals employed in a bargaining unit or by an individual, other than another pref- which competition is restricted to individ- installation within the Postal Service in erence eligible, who was placed in such posi- uals having competitive status or employees which the position is located; tion (whether by appointment or otherwise) of such agency, excluding any position under ‘‘(iii) the collective-bargaining agreement within 6 months before the reduction in paragraph (1), and’’. provides that the successful applicant shall force; or (2) ADDITIONAL INFORMATION.—Section 3327 be selected on the basis of seniority or quali- ‘‘(2) for which such preference eligible is of title 5, United States Code, is amended by fications; and qualified that is within the preference eligi- adding at the end the following: ‘‘(iv) the position to be filled is within a ‘‘(c) Any notification provided under this ble’s competitive area and that is not more bargaining unit. than 3 grades (or pay levels) below that of section shall, for all positions under sub- ‘‘(C) The provisions of this paragraph shall the position from which the preference eligi- section (b)(1) as to which section 3304(f) ap- not be modified by any program developed ble was released, except that, in the case of plies and for all positions under subsection under section 1004 of this title or any collec- a preference eligible with a compensable (b)(2), include a notation as to the applicabil- tive-bargaining agreement entered into service-connected disability of 30 percent or ity of section 3304(f) with respect thereto. under chapter 12 of this title.’’. more, this paragraph shall be applied by sub- ‘‘(d) In consultation with the Secretary of (2) CONFORMING AMENDMENT.—The first sen- stituting ‘5 grades’ for ‘3 grades’. Labor, the Office shall submit to Congress tence of section 1005(a)(2) of title 39, United and the President, no less frequently than States Code, is amended by striking ‘‘title.’’ In the event that a preference eligible is en- every 2 years, a report detailing, with re- and inserting ‘‘title, subject to paragraph (5) titled to assignment to more than 1 position spect to the period covered by such report— of this subsection.’’. under this subsection, the agency shall as- ‘‘(1) the number of positions listed under SEC. 3. SPECIAL PROTECTIONS FOR PREF- sign the preference eligible to any such posi- this section during such period; ERENCE ELIGIBLES IN REDUCTIONS tion requiring no reduction (or, if there is no ‘‘(2) the number of preference eligibles and IN FORCE. such position, the least reduction) in basic other individuals described in section (a) IN GENERAL.—Section 3502 of title 5, pay. A position shall not, with respect to a 3304(f)(1) referred to such positions during United States Code, as amended by section preference eligible, be considered to satisfy such period; and 1034 of the National Defense Authorization the requirements of paragraph (1) or (2), as ‘‘(3) the number of preference eligibles and Act for Fiscal Year 1996 (Public Law 104–106; applicable, if it does not last for at least 12 other individuals described in section 110 Stat. 430), is amended by adding at the months following the date on which such 3304(f)(1) appointed to such positions during end the following: preference eligible is assigned to such posi- such period.’’. ‘‘(g)(1) A position occupied by a preference tion under this subsection. (c) GOVERNMENTWIDE LISTS.— eligible shall not be placed in a single-posi- (1) VACANT POSITIONS.—Section 3330(b) of tion competitive level if the preference eligi- ‘‘(i) A preference eligible may challenge title 5, United States Code, is amended to ble is qualified to perform the essential func- the classification of any position to which read as follows: tions of any other position at the same grade the preference eligible asserts assignment July 16, 1997 CONGRESSIONAL RECORD — SENATE S7605 rights (as provided by, or prescribed by regu- individual in a lower veterans’ preference the date on which it is filed, the complainant lations described in, subsection (h)) in an ac- subgroup within the tenure group, or in a may elect to appeal the alleged violation to tion before the Merit Systems Protection lower tenure group. the Merit Systems Protection Board in ac- Board. ‘‘(C) Within a subgroup, the agency may cordance with such procedures as the Merit ‘‘(j)(1) Not later than 90 days after the date select a qualified present or former employee Systems Protection Board shall prescribe, of the enactment of the Veterans Employ- without regard to the individual’s total cred- except that in no event may any such appeal ment Opportunities Act of 1997, each Execu- itable service. be brought— tive agency shall establish an agencywide ‘‘(5) An individual is eligible for reemploy- ‘‘(A) before the 61st day after the date on priority placement program to facilitate em- ment priority under this subsection for 2 which the complaint is filed under sub- ployment placement for employees who— years from the effective date of the reduc- section (a); or ‘‘(A)(i) are scheduled to be separated from tion in force from which the individual will ‘‘(B) later than 15 days after the date on service due to a reduction in force under— be, or has been, separated under this section which the complainant receives notification ‘‘(I) regulations prescribed under this sec- or section 3595, as the case may be. from the Secretary of Labor under section tion; or ‘‘(6) An individual loses eligibility for re- 4322(e)(1) of title 38. ‘‘(II) procedures established under section employment priority under this subsection ‘‘(2) An appeal under this subsection may 3595; or when the individual— not be brought unless— ‘‘(ii) are separated from service due to such ‘‘(A) requests removal in writing; ‘‘(A) the complainant first provides written a reduction in force; and ‘‘(B) accepts or declines a bona fide offer notification to the Secretary of Labor of ‘‘(B)(i) have received a rating of at least under this subsection or fails to accept such such complainant’s intention to bring such fully successful (or the equivalent) as the an offer within the period of time allowed for appeal; and last performance rating of record used for re- such acceptance, or ‘‘(B) appropriate evidence of compliance tention purposes; or ‘‘(C) separates from the agency before with subparagraph (A) is included (in such ‘‘(ii) occupy positions excluded from a per- being separated under this section or section form and manner as the Merit Systems Pro- formance appraisal system by law, regula- 3595, as the case may be. tection Board may prescribe) with the notice tion, or administrative action taken by the A present or former employee who declines a of appeal under this subsection. Office of Personnel Management. position with a representative rate (or equiv- ‘‘(3) Upon receiving notification under ‘‘(2)(A) Each agencywide priority place- alent) that is less than the rate of the posi- paragraph (2)(A), the Secretary of Labor ment program under this subsection shall in- tion from which the individual was separated shall not continue to investigate or further clude provisions under which a vacant posi- under this section retains eligibility for posi- attempt to resolve the complaint to which tion shall not (except as provided in this such notification relates. paragraph or any other statute providing the tions with a higher representative rate up to the rate of the individual’s last position. ‘‘(c) This section shall not be construed to right of reemployment to any individual) be prohibit a preference eligible from appealing filled by the appointment or transfer of any ‘‘(7) Whenever more than one individual is qualified for a position under this sub- directly to the Merit Systems Protection individual from outside of that agency (other Board from any action which is appealable to than an individual described in subparagraph section, the agency shall select the most the Board under any other law, rule, or regu- (B)) if— highly qualified individual, subject to para- lation, in lieu of administrative redress ‘‘(i) there is then available any individual graph (4). under this section. described in subparagraph (B) who is quali- ‘‘(8) The Office of Personnel Management fied for the position; and shall issue regulations to implement this ‘‘§ 3330b. Judicial redress ‘‘(ii) the position— subsection.’’. ‘‘(a) In lieu of continuing the administra- (b) APPLICABILITY.— ‘‘(I) is at the same grade or pay level (or tive redress procedure provided under section (1) IN GENERAL.—Subject to paragraph (2), the equivalent) or not more than 3 grades (or 3330a(b), a preference eligible or other indi- the amendments made by this section shall grade intervals) below that of the position vidual described in section 3304(f)(1) may apply with respect to— last held by such individual before place- elect, in accordance with this section, to ter- (A) reductions in force taking effect after ment in the new position; minate those administrative proceedings and the end of the 90-day period beginning on the ‘‘(II) is within the same commuting area as file an action with the appropriate United date of the enactment of this Act; or the individual’s last-held position (as re- States district court not later than 60 days (B) in the case of the Department of De- ferred to in subclause (I)) or residence; and after the date of the election. fense, reductions in force taking effect after ‘‘(III) has the same type of work schedule ‘‘(b) An election under this section may the end of the 1-year period beginning on the (whether full-time, part-time, or intermit- not be made— date of the enactment of this Act. tent) as the position last held by the individ- ‘‘(1) before the 121st day after the date on (2) ONGOING REDUCTIONS IN FORCE.—If an ual. which the appeal is filed with the Merit Sys- ‘‘(B) For purposes of an agencywide prior- agency has given written notice of a reduc- tems Protection Board under section ity placement program, an individual shall tion in force to any of its employees within 3330a(b); or be considered to be described in this subpara- a competitive area, in accordance with sec- ‘‘(2) after the Merit Systems Protection graph if such individual— tion 3502(d)(1)(A) of title 5, United States Board has issued a judicially reviewable de- ‘‘(i)(I) is an employee of such agency who is Code, before the effective date under sub- cision on the merits of the appeal. scheduled to be separated, as described in paragraph (A) or (B) of paragraph (1), as ap- ‘‘(c) An election under this section shall be paragraph (1)(A)(i); or plicable, then, for purposes of determining made, in writing, in such form and manner ‘‘(II) is an individual who became a former the rights of any employee within such area as the Merit Systems Protection Board shall employee of such agency as a result of a sep- in connection with such reduction in force, by regulation prescribe. The election shall be aration, as described in paragraph (1)(A)(ii), the amendments made by this section shall effective as of the date on which it is re- excluding any individual who separated vol- be treated as if they had never been enacted. ceived, and the administrative proceeding to untarily under subsection (f); and Nothing in the preceding sentence shall af- which it relates shall terminate immediately ‘‘(ii) satisfies clause (i) or (ii) of paragraph fect any rights under a priority placement upon the receipt of such election. (1)(B). program under section 3502(j) of title 5, Unit- ‘‘§ 3330c. Remedy ed States Code, as amended by this section. ‘‘(3)(A) If after a reduction in force the ‘‘(a) If the Merit Systems Protection Board agency has no positions of any type within SEC. 4. IMPROVED REDRESS FOR VETERANS. (in a proceeding under section 3330a) or a the local commuting areas specified in this (a) IN GENERAL.—Subchapter I of chapter court (in a proceeding under section 3330b) subsection, the individual may designate a 33 of title 5, United States Code, is amended determines that an agency has violated a different local commuting area where the by adding at the end the following: right described in section 3330a, the Board or agency has continuing positions in order to ‘‘§ 3330a. Administrative redress court (as the case may be) shall order the exercise reemployment rights under this ‘‘(a)(1) Any preference eligible or other in- agency to comply with such provisions and subsection. An agency may determine that dividual described in section 3304(f)(1) who award compensation for any loss of wages or such designations are not in the interest of alleges that an agency has violated such in- the Government for the purpose of paying re- benefits suffered by the individual by reason location expenses under subchapter II of dividual’s rights under any statute or regula- of the violation involved. If the Board or chapter 57. tion relating to veterans’ preference, or any court determines that such violation was ‘‘(B) At its option, an agency may adminis- right afforded such individual by section willful, it shall award an amount equal to tratively extend reemployment rights under 3304(f), may file a complaint with the Sec- backpay as liquidated damages. this subsection to include other local com- retary of Labor. ‘‘(b) A preference eligible or other individ- muting areas. ‘‘(2) A complaint under this subsection ual described in section 3304(f)(1) who pre- ‘‘(4)(A) In selecting employees for positions must be filed within 60 days after the date of vails in an action under section 3330a or under this subsection, the agency shall place the alleged violation, and the Secretary 3330b shall be awarded reasonable attorney qualified present and former employees in shall process such complaint in accordance fees, expert witness fees, and other litigation retention order by veterans’ preference sub- with sections 4322 (a) through (e)(1) and 4326 expenses.’’. group and tenure group. of title 38. (b) CLERICAL AMENDMENT.—The table of ‘‘(B) An agency may not pass over a quali- ‘‘(b)(1) If the Secretary of Labor is unable sections at the beginning of chapter 33 of fied present or former employee to select an to resolve the complaint within 60 days after title 5, United States Code, is amended by S7606 CONGRESSIONAL RECORD — SENATE July 16, 1997 adding after the item relating to section 3330 (A) IN GENERAL.—The Board shall, pursu- (E) a congressionally chartered veterans’ the following: ant to section 304 of the Congressional Ac- service organization that represents veterans ‘‘3330a. Administrative redress. countability Act of 1995 (2 U.S.C. 1384), issue of the Vietnam era; and ‘‘3330b. Judicial redress. regulations to implement this subsection. (F) a congressionally chartered veterans’ ‘‘3330c. Remedy.’’. (B) AGENCY REGULATIONS.—The regulations service organization that represents veterans SEC. 5. EXTENSION OF VETERANS’ PREFERENCE. issued under subparagraph (A) shall be the of World War II, the Korean conflict, the (a) AMENDMENT TO TITLE 5, UNITED STATES same as the most relevant substantive regu- Vietnam era, and the Persian Gulf War. CODE.—Paragraph (3) of section 2108 of title lations (applicable with respect to the execu- (5) DEFINITIONS.—For purposes of this sub- 5, United States Code, is amended by strik- tive branch) promulgated to implement the section— ing ‘‘the Federal Bureau of Investigation and statutory provisions referred to in paragraph (A) the term ‘‘judicial officer’’ means a jus- Drug Enforcement Administration Senior (2) except insofar as the Board may deter- tice, judge, or magistrate judge listed in sub- Executive Service, or the General Account- mine, for good cause shown and stated to- paragraph (A), (B), (F), or (G) of section ing Office;’’ and inserting ‘‘or the Federal gether with the regulation, that a modifica- 376(a)(1) of title 28, United States Code; and Bureau of Investigation and Drug Enforce- tion of such regulations would be more effec- (B) the term ‘‘justice or judge of the Unit- ment Administration Senior Executive Serv- tive for the implementation of the rights and ed States’’ has the meaning given such term ice;’’. protections under this subsection. by section 451 of such title 28. (b) AMENDMENTS TO TITLE 3, UNITED STATES (C) COORDINATION.—The regulations issued (6) SUBMISSION TO CONGRESS; EFFECTIVE CODE.— under subparagraph (A) shall be consistent DATE.— (1) IN GENERAL.—Chapter 2 of title 3, Unit- with section 225 of the Congressional Ac- (A) SUBMISSION TO CONGRESS.—Within 5 ed States Code, is amended by adding at the countability Act of 1995 (2 U.S.C. 1361). months after the date of the enactment of end the following: (5) APPLICABILITY.—Notwithstanding any this Act, the Judicial Conference of the Unit- ‘‘§ 115. Veterans’ preference other provision of this subsection, the term ed States shall submit a copy of the regula- ‘‘(a) Subject to subsection (b), appoint- ‘‘covered employee’’ shall not, for purposes tions prescribed under this subsection to the of this subsection, include an employee— Committee on Government Reform and Over- ments under sections 105, 106, and 107 shall be (A) whose appointment is made by the sight and the Committee on the Judiciary of made in accordance with section 2108, and President with the advice and consent of the the House of Representatives and the Com- sections 3309 through 3312, of title 5. ‘‘(b) Subsection (a) shall not apply to any Senate; mittee on Governmental Affairs and the appointment to a position the rate of basic (B) whose appointment is made by a Mem- Committee on the Judiciary of the Senate. pay for which is at least equal to the mini- ber of Congress or by a committee or sub- (B) EFFECTIVE DATE.—The regulations pre- mum rate established for positions in the committee of either House of Congress; or scribed under this subsection shall take ef- Senior Executive Service under section 5382 (C) who is appointed to a position, the du- fect 6 months after the date of the enact- ties of which are equivalent to those of a ment of this Act. of title 5 and the duties of which are com- Senior Executive Service position (within parable to those described in section SEC. 6. VETERANS’ PREFERENCE REQUIRED FOR the meaning of section 3132(a)(2) of title 5, REDUCTIONS IN FORCE IN THE FED- 3132(a)(2) of such title or to any other posi- United States Code). ERAL AVIATION ADMINISTRATION. tion if, with respect to such position, the (6) EFFECTIVE DATE.—Paragraphs (2) and (3) Section 347(b) of the Department of Trans- President makes certification— shall be effective as of the effective date of portation and Related Agencies Appropria- ‘‘(1) that such position is— the regulations under paragraph (4). tions Act, 1996 (109 Stat. 460) is amended by ‘‘(A) a confidential or policy-making posi- (d) JUDICIAL BRANCH APPOINTMENTS.— striking ‘‘and’’ at the end of paragraph (6), tion; or (1) IN GENERAL.—Subject to paragraphs (2) by striking the period at the end of para- ‘‘(B) a position for which political affili- through (4), the Judicial Conference of the graph (7) and inserting ‘‘; and’’, and by add- ation or political philosophy is otherwise an United States shall prescribe regulations to ing at the end the following: important qualification; and provide for— ‘‘(8) sections 3501–3504, as such sections re- ‘‘(2) that any individual selected for such (A) veterans’ preference in the consider- late to veterans’ preference.’’. position is expected to vacate the position at ation of applicants for employment, and in SEC. 7. DEFINITIONAL AMENDMENT. or before the end of the President’s term (or the conduct of any reductions in force, with- Subparagraph (A) of section 2108(1) of title terms) of office. in the judicial branch; and 5, United States Code, is amended by insert- Each individual appointed to a position de- (B) redress procedures for alleged viola- ing ‘‘during a military operation in a quali- scribed in the preceding sentence as to which tions of any rights provided for under sub- fied hazardous duty area (within the mean- the expectation described in paragraph (2) paragraph (A). ing of the first 2 sentences of section 1(b) of applies shall be notified as to such expecta- (2) REGULATIONS TO BE BASED ON EXISTING Public Law 104–117) and in accordance with tion, in writing, at the time of appointment PROVISIONS.—Under the regulations— requirements that may be prescribed in regu- to such position.’’. (A) a preference eligible (as defined by sec- lations of the Secretary of Defense,’’ after (2) CLERICAL AMENDMENT.—The table of tion 2108 of title 5, United States Code) shall ‘‘for which a campaign badge has been au- sections at the beginning of chapter 2 of title be afforded preferences similar to those thorized,’’. 3, United States Code, is amended by adding under sections 3309 through 3312, and sub- SEC. 8. FAILURE TO COMPLY WITH VETERANS’ at the end the following: chapter I of chapter 35, of such title 5; and PREFERENCE REQUIREMENTS TO (B) the redress procedures provided for BE TREATED AS A PROHIBITED PER- ‘‘115. Veterans’ preference.’’. SONNEL PRACTICE FOR CERTAIN (c) LEGISLATIVE BRANCH APPOINTMENTS.— shall be similar to those under the amend- PURPOSES. (1) DEFINITIONS.—For the purposes of this ments made by section 4. (a) IN GENERAL.—Subsection (b) of section subsection, the terms ‘‘employing office’’, (3) EXCLUSIONS.—Nothing in the regula- 2302 of title 5, United States Code, is amend- ‘‘covered employee’’, and ‘‘Board’’ shall each tions shall apply with respect to— ed— have the meaning given such term by section (A) an appointment made by the President, (1) by striking ‘‘or’’ at the end of paragraph 101 of the Congressional Accountability Act with the advice and consent of the Senate; (10); of 1995 (2 U.S.C. 1301). (B) an appointment as a judicial officer; (2) by redesignating paragraph (11) as para- (2) RIGHTS AND PROTECTIONS.—The rights (C) an appointment as a law clerk or sec- graph (12); and and protections established under section retary to a justice or judge of the United (3) by inserting after paragraph (10) the fol- 2108, sections 3309 through 3312, and sub- States; or lowing: chapter I of chapter 35, of title 5, United (D) an appointment to a position, the du- ‘‘(11)(A) knowingly take, recommend, or States Code, shall apply to covered employ- ties of which are equivalent to those of a approve any personnel action if the taking of ees. Senior Executive Service position (within such action would violate a veterans’ pref- (3) REMEDIES.— the meaning of section 3132(a)(2) of title 5, erence requirement; or (A) IN GENERAL.—The remedy for a viola- United States Code). ‘‘(B) knowingly fail to take, recommend, or tion of paragraph (2) shall be such remedy as (4) CONSULTATION.—The regulations under approve any personnel action if the failure to would be appropriate if awarded under appli- this subsection shall be prescribed by the Ju- take such action would violate a veterans’ cable provisions of title 5, United States dicial Conference of the United States, in preference requirement; or’’. Code, in the case of a violation of the rel- consultation with— (b) DEFINITION; LIMITATION.—Section 2302 evant corresponding provision (referred to in (A) the largest congressionally chartered of title 5, United States Code, is amended by paragraph (2)) of such title. veterans’ service organization; adding at the end the following: (B) PROCEDURE.—The procedure for consid- (B) 2 congressionally chartered veterans’ ‘‘(e)(1) For the purpose of this section, the eration of alleged violations of paragraph (2) service organizations that represent former term ‘veterans’ preference requirement’ shall be the same as apply under section 401 noncommissioned officers; means any of the following provisions of law: of the Congressional Accountability Act of (C) a congressionally chartered veterans’ ‘‘(A) Sections 2108, 3305(b), 3309, 3310, 3311, 1995 (and the provisions of law referred to service organization that represents veterans 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, therein) in the case of an alleged violation of who have fought in foreign wars; 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) part A of title II of such Act. (D) a congressionally chartered veterans’ and (with respect to a preference eligible re- (4) REGULATIONS TO IMPLEMENT SUB- service organization that represents veterans ferred to in section 7511(a)(1)(B)) subchapter SECTION.— with service-connected disabilities; II of chapter 75 and section 7701. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7607 ‘‘(B) Sections 943(c)(2) and 1784(c) of title Unfortunately, after over 50 years of I yield the floor. 10. operation, the preference is not work- ‘‘(C) Section 1308(b) of the Alaska National ing as intended. Today, many veterans By Mr. GRASSLEY (for himself, Interest Lands Conservation Act. do not receive the hiring preference Mr. DURBIN, and Mr. DASCHLE) ‘‘(D) Section 301(c) of the Foreign Service guaranteed to them. It brings to my S. 1024. A bill to make chapter 12 of Act of 1980. title 11 of the United States Code per- ‘‘(E) Sections 106(f), 7281(e), and 7802(5) of mind a quote from one of Wellington’s title 38. troops: manent, and for other purposes; to the ‘‘(F) Section 1005(a) of title 39. In time of war and not before, God and the Committee on the Judiciary. ‘‘(G) Any other provision of law that the soldier men adore. But in time of peace with THE FAMILY FARMER PROTECTION ACT OF 1997 Director of the Office of Personnel Manage- all things righted, God is forgotten and the Mr. GRASSLEY. Mr. President, I rise ment designates in regulations as being a soldier slighted. today to introduce the Working Family veterans’ preference requirement for the pur- We are slighting our soldiers by not Farmer Protection Act of 1997. As the poses of this subsection. honoring a commitment made to them only family farmer in the Senate, I feel ‘‘(H) Any regulation prescribed under sub- in recognition of their sacrifice. There I have a unique responsibility to make section (b) or (c) of section 1302 and any is compelling anecdotal evidence that other regulation that implements a provi- sure that family farming remains a sion of law referred to in any of the preced- leads us to believe that the current law strong and vibrant part of American ing subparagraphs. is not working. Furthermore, the Gen- life. For generations, family farms ‘‘(2) Notwithstanding any other provision eral Accounting Office has concluded have fed this country. But the global of this title, no authority to order corrective through its review of the veterans pref- marketplace presents some new and action shall be available in connection with erence program that in many in- unique challenges to the family farm- a prohibited personnel practice described in stances, veterans are less likely than er. That’s why I’m introducing the subsection (b)(11). Nothing in this paragraph other applicants to be hired for Federal shall be considered to affect any authority Family Farmer Protection Act today, under section 1215 (relating to disciplinary jobs. on behalf of myself and Senator DUR- action).’’. We believe this is wrong. We need to BIN. (c) REPEALS.— put more teeth in our veterans pref- This bill makes chapter 12 of the (1) PROVISIONS OF TITLE 10, UNITED STATES erence law. Bankruptcy Code permanent. Cur- CODE.—Section 1599c of title 10, United Our bill has seven simple parts to it. rently, chapter 12 is due to expire in States Code, and the item relating to such First, it will create an effective re- 1998, and I think it would be a terrible section in the table of sections at the begin- dress system for men and women whose error if this Congress did not act now ning of chapter 81 of such title are repealed. veterans preference rights are violated. (2) SECTION 2302(a)(1) OF TITLE 5, UNITED Second, it will remove artificial bar- to reauthorize chapter 12 on a perma- STATES CODE.—Subsection (a)(1) of section riers that bar qualified veterans from nent basis. 2302 of title 5, United States Code, is amend- In order to understand why we need ed to read as follows: competing for Federal jobs. Third, it will prohibit unfair person- to make chapter 12 permanent, I think ‘‘(a)(1) For the purpose of this title, ‘pro- we have to go back a decade or so to hibited personnel practice’ means any action nel practices which rig the system described in subsection (b).’’. against job protection rights of veter- the 1980’s farm crisis. During the mid- (d) SAVINGS PROVISION.—This section shall ans. 1980’s, the agricultural economy in the be treated as if it had never been enacted for Fourth, it will provide enhanced op- Midwest took a sharp downturn. And purposes of any personnel action (within the portunity for veterans to find other many family farmers were forced into meaning of section 2302 of title 5, United Federal jobs during reductions in force. bankruptcy. At that time, the only States Code) preceding the date of the enact- choice a family farmer had was to go ment of this Act. Fifth, it will extend the veterans into chapter 11 of the Bankruptcy Mr. CLELAND. Mr. President, I want preference to nonpolitical jobs in the legislative and judicial branches and Code. Under chapter 11, the creditors to compliment the distinguished Sen- form a committee and help to draw up ator from Nebraska on his tremendous the White House. Sixth, our bill will make a violation a reorganization plan. Most family work and the work of his staff in put- farms only had one major creditor—the ting together this legislation. He and of veterans preference laws a prohib- bank with the mortgage on the farm. his team have worked closely with me ited personnel practice, providing en- And that one creditor was able to keep and my staff. This legislation is a re- hanced for disciplinary measure for farmers from reorganizing in an effec- sult of their efforts. those who wilfully violate the law. It is my pleasure to join my distin- Finally, the measure extends the tive way. As a result, the family farm- ers who filed chapter 11 were fre- guished colleague, Senator HAGEL, in preference to those men and women cosponsorship of this important bill to now serving in Bosnia. quently forced out of farming. In short, improve our veterans preference sys- Our bill is supported by all of the the family farm was on a fast track to tem. As the former head of the Veter- major veterans service organizations extinction, and family farmers were ans Administration myself, I certainly including The American Legion, fast becoming an endangered species. see the need for it. AMVETS, the Veterans of Foreign That’s why in 1986 I drafted an en- During World War II, America de- Wars, the Retired Enlisted Association, tirely new chapter of the Bankruptcy cided to pay special recognition to the the Air Force Sergeants Association, Code to preserve the family farm. That men and women who have defended our the Blinded American Veterans Foun- chapter is chapter 12. Chapter 12 sim- freedom by serving in the armed forces. dation, the Blinded Veterans Associa- ply limits the power of the bank to ex- The Veterans Preference Act has been tion, the Disabled Veterans, the Fleet ercise a veto over a farmer’s reorga- the law of the land since 1944. The Reserve Association, the Jewish War nization plan. premise of this law is simple. When Veterans of the USA, the Korean War I think it’s very important to realize veterans return to civilian life after Veterans Association, the Military that chapter 12 is not a handout or a serving in combat, they are given a Order of the Purple Heart, the National get-out-of-debt-free card. Farmers are preference if all other factors are equal Association for Uniformed Services, hard-working people who want the when they seek to work for the Federal the National Military and Veterans Al- chance to earn their way. In fact, chap- Government. I do not think anyone liance, the Naval Reserve Association, ter 12 is modeled on chapter 13, where could argue with offering such a pref- the Noncommissioned Officers Associa- individuals set up plans to repay a por- erence to the men and women of who tion, the Paralyzed Veterans of Amer- tion of their debts. risked their lives in service to this Na- ica, and the Vietnam Veterans of Chapter 12 has been wildly successful. tion. America. So many times in Washington we de- That simple premise still holds true As a Vietnam Veteran, I look forward velop programs and laws with the best today. While we live in a time of rel- to working with my fellow Vietnam of intentions. But when these programs ative peace, the sacrifices made by our Veteran, Senator HAGEL, on passing get to the real world, they don’t work men and women in uniform who serve this critical legislation to strengthen well. Chapter 12, on the other hand, has in or near combat are just as great. We the veterans preference program. I urge worked exactly as intended. According must remain steadfast in our commit- the support of my colleagues and this to a recent University of Iowa study, 74 ment to our veterans. bill’s swift passage. percent of family farmers who filed S7608 CONGRESSIONAL RECORD — SENATE July 16, 1997 chapter 12 bankruptcy are still farming sobering. Nationwide, cheap, high pu- REID] was added as a cosponsor of S. 22, and 61 percent of farmers who went rity heroin is making a comeback in a bill to establish a bipartisan national through chapter 12 believe that chapter popularity, and demand is on the rise. commission to address the year 2000 12 was helpful in getting farmers back The drug syndicates are meeting the computer problem. on their feet. growing demands. Cocaine continues as S. 25 In conclusion, chapter 12 works and a popular recreational drug. As long as At the request of Mr. MCCAIN, the it works well. Let’s make sure that we there is a demand, drug dealers con- name of the Senator from Virginia [Mr. keep this safety net for family farmers tinue to find ways to meet that de- ROBB] was added as a cosponsor of S. in place. I urge my colleagues to think mand. Despite a massive education and 25, a bill to reform the financing of of this bill as a low-cost insurance pol- public awareness campaign to warn Federal elections. teenagers about the dangers of drug icy for an important part of America’s S. 852 use, teen drug arrests have more than economy and America’s heritage. At the request of Mr. LOTT, the name doubled in the past 5 years. Some of of the Senator from New Mexico [Mr. By Mr. GRAHAM (for himself, those arrested are as young as 12 years DOMENICI] was added as a cosponsor of Mr. MACK, and Mr. GRASSLEY): old. In the Orlando area, over 1,500 S. 852, a bill to establish nationally S. 1025. A bill to provide for a study teens between the ages of 12 and 17 uniform requirements regarding the ti- of the south Florida high-intensity years old were arrested for using or tling and registration of salvage, non- drug trafficking area, and for other selling illegal drugs in 1995. The city of repairable, and rebuilt vehicles. purposes; to the Committee on the Ju- Orlando, through which the I–4 cor- diciary. ridor runs, ranked fifth in the Nation S. 885 for cocaine-related deaths per capita in At the request of Mr. D’AMATO, the EXPANSION OF SOUTH FLORIDA HIDTA TO name of the Senator from Connecticut INCLUDE I–4 CORRIDOR LEGISLATION 1995. Other crimes such as shootings, Mr. GRAHAM. Mr. President, today I carjackings, robbery, and gang activi- [Mr. DODD] was added as a cosponsor of am introducing a bill, cosponsored by ties are byproducts of the drug prob- S. 885, a bill to amend the Electronic Fund Transfer Act to limit fees Mr. MACK and Mr. GRASSLEY, which lem, and are also on the rise in our will expand the existing south Florida local communities. We are truly bat- charged by financial institutions for high-intensity drug trafficking area tling for the lives of our young people. the use of automatic teller machines, [HIDTA], to include the Interstate 4 There is a general feeling of despair and for other purposes. corridor which runs between Daytona among the various agencies trying to S. 951 Beach and the Tampa Bay area in my combat this problem. We need to be At the request of Mr. TORRICELLI, the home State of Florida. proactive in helping them. Because of name of the Senator from Minnesota Illegal drug activities continue to its central location, the I–4 corridor is [Mr. WELLSTONE] was added as a co- plague the State of Florida. In 1994, emerging as a hub used increasingly by sponsor of S. 951, a bill to reestablish more than $5 billion in funds from co- international drug syndicates to dis- the Office of Noise Abatement and Con- caine traffic were laundered through tribute their goods throughout the Na- trol in the Environmental Protection south Florida and the I–4 corridor. tion. This is a problem which affects us Agency. Over 23 metric tons of cocaine were all. The use of illegal drugs and drug S. 977 seized during that same time period. related deaths are increasing at an At the request of Mr. TORRICELLI, the Over 250 organized drug trafficking alarming rate. name of the Senator from Illinois [Ms. groups have been identified as operat- As we saw with the establishment of MOSELEY-BRAUN] was added as a co- a HIDTA in south Florida, a coordi- ing between south Florida and the I–4 sponsor of S. 977, a bill to amend the nated Federal, State, and local effort is corridor. These statistic are stagger- Forest and Rangeland Renewable Re- the key to bringing this problem under ing. While some progress is being made sources Planning Act of 1974 and relat- control. This HIDTA has proven itself to limit the spread of illegal drugs, ed laws to strengthen the protection of as a model of efficiency and effective- there is still a lot of work to be done. native biodiversity and ban ness in controlling the expansion of I continuously hear from the law en- clearcutting on Federal lands, and to drug activities in the area. The exist- forcement personnel operating along designate certain Federal lands as An- ing south Florida HIDTA is a model of the I–4 corridor that they are being cient Forests, Roadless Areas, Water- the results which can occur when the overwhelmed by the growth in drug shed Protection Areas, Special Areas, various law enforcement agencies and Federal Boundary Areas where log- trafficking activities in that area. mount a coordinated battle with a uni- Drug traffickers are becoming increas- ging and other intrusive activities are fied strategy of engagement. We have prohibited. ingly proficient in distributing drugs. seen moderation in the drug related in- S. 1013 They are using high technology equip- cidents since the south Florida HIDTA At the request of Mr. FRIST, the ment to evade detection. They have an was established in 1990. In fact, the suc- name of the Senator from Tennessee extensive communications network, cess of the south Florida HIDTA is par- [Mr. THOMPSON] was added as a cospon- and almost unlimited funds with which tially responsible for the increase in il- sor of S. 1013, a bill to provide for the to pursue their illegal activities. Cur- legal drug activity along the I–4 cor- guarantee of the payment of interest rent law enforcement assets are simply ridor. no match for the highly organized drug Expanding this successful HIDTA to on loans to certain air carriers for the operators. Seized assets from drug traf- include the I–4 corridor makes common purchase of regional jet aircraft to im- fickers in this area during 1996 included sense. It will allow us to devote addi- prove air transportation to under- over $425 million in currency and prop- tional resources to combat a problem served markets, and for other purposes. erty. The basic problem is how do we which has nationwide implications. By At the request of Mr. FRIST, the compete with these highly funded and implementing a coordinated enforce- name of the Senator from Montana well equipped drug trafficking organi- ment strategy directed at combating [Mr. BURNS] was withdrawn as a co- zations? the problems of illegal drugs and vio- sponsor of S. 1013, supra. I repeatedly hear the same story lent crime, we demonstrate to the drug SENATE CONCURRENT RESOLUTION 30 from the Drug Enforcement Adminis- community that we are dedicated to At the request of Mr. HELMS, the tration, the Customs Service, the FBI, facing this battle head on—and finally, name of the Senator from Montana and the Florida Department of Law En- it will show that we are committed [Mr. BURNS] was added as a cosponsor forcement; they need help. This is a protecting the future of our young peo- of Senate Concurrent Resolution 30, a problem which impacts not only the ple. concurrent resolution expressing the State of Florida, but it also impacts f sense of the Congress that the Republic the entire Nation as illegal drugs are of China should be admitted to multi- distributed from the I–4 corridor to ADDITIONAL COSPONSORS lateral economic institutions, includ- other parts of the country. S. 22 ing the International Monetary Fund The statistics on the growth of the At the request of Mr. MOYNIHAN, the and the International Bank for Recon- drug industry along the I–4 corridor are name of the Senator from Nevada [Mr. struction and Development. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7609

SENATE CONCURRENT RESOLUTION 38 engaged in the management of activities or On page 97, line 6, insert a comma after the At the request of Mr. ROTH, the projects supported by the Defense Enterprise word ‘‘sale’’ and strike the word ‘‘or’’. names of the Senator from Mississippi Fund. On page 97, line 7, after the word ‘‘trans- (R) 60 days after the date of enactment of fer’’ insert ‘‘, or licensing’’. [Mr. COCHRAN], and the Senator from this Act, the Administrator of AID shall re- On page 97, line 7, after the word ‘‘heli- Alaska [Mr. STEVENS] were added as co- port to the Committees on Appropriations on copter’’ insert ‘‘for Indonesia entered into by sponsors of Senate Concurrent Resolu- the rate of obligation and risk and antici- the United States’’. tion 38, a concurrent resolution to pated returns associated with commitments state the sense of the Congress regard- made by the U.S. Russia Investment Fund. MCCONNELL (AND LEAHY) ing the obligations of the People’s Re- The report shall include a recommendation AMENDMENTS NOS. 880–882 on the continued relevance and advisability public of China under the Joint Dec- of the initial planned life of project commit- Mr. MCCONNELL (for himself and laration and the Basic Law to ensure ment. Mr. LEAHY) proposed three amend- that Hong Kong remains autonomous, ments to the bill, S. 955, supra; as fol- the human rights of the people of Hong LEAHY (AND MCCONNELL) lows: Kong remain protected, and the gov- AMENDMENTS NOS. 877–879 AMENDMENT NO. 880 ernment of the Hong Kong SAR is Mr. MCCONNELL (for Mr. LEAHY, for On page 102, line 9, after the word ‘‘1998.’’, elected democratically. insert the following: himself and Mr. MCCONNELL) proposed f three amendments to the bill, S. 955, EXCESS DEFENSE ARTICLES FOR CERTAIN supra; as follows: EUROPEAN COUNTRIES SENATE RESOLUTION 108—EX- SEC. 575. Section 105 of Public Law 104–164 AMENDMENT NO. 877 PRESSING THE SENSE OF THE (110 Stat. 1427) is amended by striking ‘‘1996’’ SENATE At the appropriate place in the bill, insert and 1997’’ and inserting ‘‘1998 and 1999’’. the following: Mr. GORTON (for himself and Mrs. SEC. 576. ADDITIONAL REQUIREMENTS RELAT- DEVELOPMENT CREDIT AUTHORITY ING TO STOCKPILING OF DEFENSE FEINSTEIN) submitted the following res- For the cost, as defined in section 502 of ARTICLES FOR FOREIGN COUN- olution; which was referred to the the Congressional Budget Act of 1974, of di- TRIES. Committee on Foreign Relations: rect loans and loan guarantees in support of (a) VALUE OF ADDITIONS TO STOCKPILES.— Section 514(b)(2)(A) of the Foreign Assist- S. RES. 108 the development objectives of the Foreign Assistance Act of 1961 (FAA), up to ance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is Whereas, The Boeing Company and McDon- $10,000,000, which amount may be derived by amended by inserting before the period at nell Douglas have announced their merger; transfer from funds appropriated by this Act the end the following: ‘‘and $60,000,000 for fis- and to carry out part I of the Foreign Assistance cal year 1998’’. Whereas, The Department of Defense has Act of 1961 and funds appropriated by this (b) REQUIREMENTS RELATING TO THE REPUB- approved that merger as consistent with the Act under the heading ‘‘Assistance for East- LIC OF KOREA AND THAILAND.—Section national security of the United States; and ern Europe and the Baltic States’’, to remain 514(b)(2)(B) of such Act (22 U.S.C. Whereas, The Federal Trade Commission available until expended: Provided, That of 2321h(b)(2)(B)) is amended by adding at the has found that merger not to violate the this amount, up to $1,500,000 for administra- end the following: ‘‘Of the amount specified anti-trust laws of the United States; and tive expenses to carry out such programs in subparagraph (A) for fiscal year 1998, not Whereas, The European Commission has may be transferred to and merged with ‘‘Op- more than $40,000,000 may be made available consistently criticized and threatened the erating Expenses of the Agency for Inter- for stockpiles in the Republic of Korea and merger before, during and after its consider- national Development’’: Provided further, not more than $20,000,000 may be made avail- ation of the facts; and That the provisions of section 107A(d) (relat- able for stockpiles in Thailand.’’. Whereas, The sole true reason for the Eu- ing to general provisions applicable to devel- SEC. 577. DELIVERY OF DRAWDOWN BY COMMER- ropean Commission’s criticism and immi- opment credit authority) of the Foreign As- CIAL TRANSPORTATION SERVICES. nent disapproval of the merger is to gain an sistance Act of 1961, as added by section 306 Section 506 of the Foreign Assistance Act unfair competitive advantage for Airbus, a of H.R. 1486 as reported by the House Com- of 1961 (22 U.S.C. 2318) is amended— government owned aircraft manufacturer; mittee on International Relations on May 9, (1) in subsection (b)(2), by striking the pe- Now therefore, It is the Sense of the Sen- 1997, shall be applicable to direct loans and riod and inserting the following: ‘‘, including ate that any such disapproval on the part of loan guarantees provided under this para- providing the Congress with a report detail- ing all defense articles, defense services, and the European Commission would constitute graph: Provided further, That direct loans or military education and training delivered to an unwarranted and unprecedented inter- loan guarantees under this paragraph may the recipient country or international orga- ference in a United States business trans- not be provided until the Director of the Of- nization upon delivery of such articles or action that would threaten thousands of fice of Management and Budget has certified upon completion of such services or edu- to the Committees on Appropriations that American aerospace jobs; and cation and training. Such report shall also the Agency for International Development The Senate suggests that the President include whether any savings were realized by has established a credit management system take such actions as he deems appropriate to utilizing commercial transport services rath- capable of effectively managing the credit protect U.S. interests in connection there- er than acquiring those services from United programs funded under this heading, includ- with. States Government transport assets.’’; ing that such system: (1) can provide accu- f (2) by redesignating subsection (c) as sub- rate and timely provision of loan and loan section (d); and AMENDMENTS SUBMITTED guarantee data, (2) contains information (3) by inserting after subsection (b) the fol- control systems for loan and loan guarantee lowing: data, (3) is adequately staffed, and (4) con- ‘‘(c) For the purpose of any provision of tains appropriate review and monitoring pro- THE FOREIGN OPERATIONS, EX- law that authorizes the drawdown of defense cedures. or other articles or commodities, or defense PORT FINANCING, AND RELATED or other services from an agency of the Unit- PROGRAMS APPROPRIATIONS AMENDMENT NO. 878 ed States Government, such drawdown may ACT, 1998 On page 20, line 14, after the word ‘‘para- include the supply of commercial transpor- graph’’ insert the following: ‘‘Provided fur- tation and related services that are acquired ther, That up to $22,000,000 made available by contract for the purposes of the drawdown McCONNELL (AND LEAHY) under this heading may be transferred to the in question if the cost to acquire such com- AMENDMENT NO. 876 Export Import Bank of the United States, mercial transportation and related services and up to $8,000,000 of the funds made avail- is less than the cost to the United States Mr. MCCONNELL (for himself and able under this heading may be transferred Government of providing such services from Mr. LEAHY) proposed an amendment to to the Micro and Small Enterprise Develop- existing agency assets.’’. the bill (S. 955) making appropriations ment Program, to be used for the cost of di- for foreign operations, export financ- rect loans and loan guarantees for the fur- AMENDMENT NO. 881 ing, related programs for the fiscal therance of programs under this heading: On page 34, line 21, after the word ‘‘Act’’ Provided further, That such costs, including insert the following: ‘‘: Provided further, That year ending September 30, 1998, and for the cost of modifying such loans, shall be as funds made available under this paragraph other purposes; as follows: defined in section 502 of the Congressional shall be obligated upon apportionment in ac- On page 27, line 15 insert the following new Budget Act of 1974’’. cordance with paragraph (5)(C) of title 31, sections: United States Code, section 1501(a).’’ (Q) None of the funds appropriated under AMENDMENT NO. 879 this heading or in prior appropriations legis- On page 97, line 5, strike the words ‘‘be- AMENDMENT NO. 882 lation may be made available to establish a tween the United States and the Government On page 24, line 9 insert after the word joint public-private entity or organization of Indonesia’’. ‘‘resolution’’ the following: ‘‘Provided further, S7610 CONGRESSIONAL RECORD — SENATE July 16, 1997

That the Secretary shall submit such deter- Mr. ABRAHAM) proposed an amendment SMITH OF OREGON (AND OTHERS) mination and certification prior to March 31, to the bill, S. 955, supra; as follows: AMENDMENT NO. 888 1998.’’ On page 17, line 14, strike the number Mr. SMITH of Oregon (for himself, ‘‘$2,585,100,000’’ and insert in lieu thereof, Mr. NICKLES, Mr. THOMAS, Mr. HUTCH- LEAHY (AND BIDEN) AMENDMENT ‘‘$2,541,150,000’’. INSON, Mr. GORTON, Mr. BRYAN, Mr. NO. 883 On page 17, line 20, after the word ‘‘later:’’ KEMPTHORNE, Mr. HELMS, Mr. D’AMATO, Mr. MCCONNELL (for Mr. LEAHY, for insert ‘‘Provided further, That not less than Mr. BENNETT, and Mr. SMITH of New himself and Mr. BIDEN) proposed an $815,000,000 shall be available only for Egypt, Hampshire) proposed an amendment to amendment to the bill, S. 955, supra; as which sum shall be provided on a grant basis, and of which sum cash transfer assistance the bill, S. 955, supra; as follows: follows: may be provided, with the understanding On page 92, line 16, strike ‘‘is authorized At the appropriate place in the bill, insert that Egypt will undertake significant eco- the following new section, the renumber the to’’ and insert ‘‘shall’’. nomic reforms which are additional to those On page 92, line 21, strike ‘‘should’’ and in- remaining sections accordingly: which were undertaken in previous fiscal sert ‘‘shall’’. SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO years:’’ THE GOVERNMENT OF RUSSIA On page 33, line 26, strike the number SHOULD IT ENACT LAWS WHICH BROWNBACK AMENDMENT NO. 884 ‘‘$3,265,000,000’’ and insert in lieu thereof WOULD DISCRIMINATE AGAINST MI- Mr. BROWNBACK proposed an ‘‘$3,308,950,000’’. NORITY RELIGIOUS FAITHS IN THE amendment to the bill, S. 955, supra; as On page 34, line 3, after the word ‘‘Israel’’ RUSSIAN FEDERATION. follows: insert ‘‘, and not less than $1,300,000,000 shall None of the funds appropriated under this be made available for grants only for Act may be made available for the Govern- At the appropriate place, insert the follow- Egypt.’’ ment of Russian Federation unless the Presi- ing: dent determines and certifies in writing to SEC. . PROMOTION OF RELIGIOUS FREEDOM the Committee on Appropriations and the AND HUMAN RIGHTS. Committee on Foreign Relations of the Sen- (a) REPORTS.—Not later than March 30, MCCONNELL (AND OTHERS) ate that the Government of the Russian Fed- 1998, and each subsequent year thereafter, AMENDMENT NO. 886 eration has enacted no statute or promul- the Secretary of State shall submit to the Mr. MCCONNELL (for himself, Mr. gated no executive order that would dis- International Relations Committee of the EAHY OBB ERREY criminate, or would have as its principal ef- House of Representatives and the Foreign L , Mr. R , Mr. K , and Mr. Relations Committee of the Senate an an- HAGEL) proposed an amendment to the fect discrimination, against religious mi- nual report on religious persecution on a bill, S. 955, supra; as follows: norities in the Russian Federation in viola- tion of accepted international agreements on country-by-country basis. Reports shall in- On page 11, line 14 strike all after the word human rights and religious freedoms to clude a list of individuals who have been ma- ‘‘Of’’ through page 12, line 13, ending with which the Russian Federation is a signatory, terially involved in the commission of acts the number ‘‘1997.’’ and insert in lieu thereof including the European Convention and the of persecution that are motivated by a per- the following: ‘‘None of the funds appro- 1989 Vienna Concluding Document of the son’s religion. priated by this Act may be made available Conference on Security and Cooperation in (b) PRISONER INFORMATION REGISTRY.—The for activities or programs in Cambodia until Europe. Secretary of State shall establish a Prisoner the Secretary of State determines and re- Information Registry which shall provide in- ports to the Committees on Appropriations formation on all political prisoners, pris- that the Government of Cambodia has: (1) SMITH OF OREGON (AND OTHERS) oners of conscience, and prisoners of faith on not been established in office by the use of AMENDMENT NO. 889 a country-by-country basis. Such informa- force or a coup d’etat; (2) discontinued all po- tion shall include the charges, judicial proc- litical violence and intimidation of journal- Mr. SMITH of Oregon (for himself, esses, administrative actions, use of forced ists and members of opposition parties; (3) Mr. NICKLES, Mr. KEMPTHORNE, Mr. labor, incidences of torture, length of impris- established an independent election commis- BRYAN, and Mr. REID) proposed an onment, physical and health conditions, and amendment to the bill, S. 955, supra; as other matters related to the incarceration of sion; (4) protected the rights of voters, can- such prisoners. The Secretary of State is au- didates, and election observers and partici- follows: thorized to make funds available to non- pants by establishing laws and procedures In lieu of the language proposed to be in- governmental organizations presently en- guaranteeing freedom of speech and assem- serted, insert the following: bly; and (5) eliminated corruption and col- gaged in monitoring activities regarding SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO such prisoners to assist in the creation and laboration with narcotics smugglers: Pro- THE GOVERNMENT OF RUSSIA maintenance of the registry. vided, That the previous proviso shall not SHOULD IT ENACT LAWS WHICH (c) SENSE OF CONGRESS CONCERNING ESTAB- apply to humanitarian programs or other ac- WOULD DISCRIMINATE AGAINST MI- LISHMENT OF A COMMISSION ON SECURITY AND tivities administered by nongovernmental NORITY RELIGIOUS FAITHS IN THE COOPERATION IN ASIA.—It is the sense of the organizations: Provided further, That 30 days RUSSIAN FEDERATION. Congress that Congress, the President, and after enactment of this Act, the Secretary of None of the funds appropriated under this the Secretary of State should work with the State, in consultation with the Director of Act may be made available for the Govern- governments of the People’s Republic of the Federal Bureau of Investigations, shall ment of Russian Federation unless the Presi- China and other countries to establish a report to the Committees on Appropriations dent determines and certifies in writing to Commission on Security and Cooperation in on the results of the FBI investigation into the Committee on Appropriations and the Asia which would be modeled after the Com- the bombing attack in Phnom Penh on Committee on Foreign Relations of the Sen- mission on Security and Cooperation in Eu- March 30, 1997.’’ ate that the Government of the Russian Fed- rope. eration has enacted no statute or promul- SEC. . UNITED STATES INTELLIGENCE ACTIVI- gated no executive order that would dis- TIES RELATED TO MONITORING MCCONNELL (AND OTHERS) criminate, or would have as its principal ef- HUMAN RIGHTS ABUSES AND RELI- AMENDMENT NO. 887 fect discrimination, against religious mi- GIOUS PERSECUTION. norities in the Russian Federation in viola- (a) IN GENERAL.—The President shall de- Mr. MCCONNELL (for himself, Mr. tion of accepted international agreements on vote additional personnel and resources to LEAHY, Mr. KERREY, and Mr. HAGEL) human rights and religious freedoms to gathering intelligence information regarding proposed an amendment to the bill, S. which the Russian Federation is a signatory, human rights abuses and acts of religious 955, supra; as follows: including the European Convention and the persecution. 1989 Vienna Concluding Document of the (b) REPORT.—Not later than March 30, 1998, On page 96, line 20 strike all after the word ‘‘Cambodia’’ through page 97, line 2, ending Conference on Security and Cooperation in the President shall submit to the Inter- Europe. national Relations Committee of the House with the word ‘‘smugglers.’’ and insert in lieu thereof the following: ‘‘has: (1) not been This section shall become effective one day of Representatives and the Foreign Relations after the enactment of this bill. Committee of the Senate a report on the established in office by the use of force or a number of personnel and resources that are coup d’etat; (2) discontinued all political vio- being devoted to gathering intelligence in- lence and intimidation of journalists and HUTCHINSON AMENDMENT NO. 890 formation regarding human rights abuses members of opposition parties; (3) estab- Mr. HUTCHINSON proposed an and acts of religious persecution. lished an independent election commission; (4) protected the rights of voters, candidates, amendment to the bill, S. 955, supra; as follows: McCONNELL (AND OTHERS) and election observers and participants by AMENDMENT NO. 885 establishing laws and procedures guarantee- At the appropriate place in the bill insert ing freedom of speech and assembly; and (5) the following: ‘‘It is the sense of the Senate Mr. MCCONNELL (for himself, Mr. eliminated corruption and collaboration that the nondiscriminatory treatment ex- LEAHY, Mr. STEVENS, Mr. BYRD, and with narcotics smugglers.’’ tended to the People’s Republic of China on July 16, 1997 CONGRESSIONAL RECORD — SENATE S7611 May 29, 1997, pursuant to section 402(c) of the Georgia, Kazakstan, Kyrgystan, Tajikistan, (1) no person subject to U.S. law as it per- Trade Act of 1974 should be withdrawn.’’ Turkmenistan, and Uzbekistan. tains to expenditures of money in Cuba shall be prohibited from sending to his or her par- ALLARD AMENDMENT NO. 891 GORTON (AND OTHERS) ent, sibling, spouse, or child currently resid- AMENDMENT NO. 893 ing in Cuba small amounts of money (not to Mr. ALLARD proposed an amend- exceed $200 per month) to be used for the ment to the bill, S. 955, supra; as fol- Mr. GORTON (for himself, Mr. DUR- purchase of basic necessities, including food, lows: BIN, Mr. MCCONNELL, and Mr. D’AMATO) clothing, household supplies, rent, medi- On page 4, line 22, strike ‘‘$32,000,000’’ and proposed an amendment to the bill, S. cines, and medical care; insert ‘‘$21,000,000’’. 955, supra; as follows: (2) Each person subject to U.S. law as it pertains to expenditures of money in Cuba in At the appropriate place, insert the follow- relation to travel to Cuba shall be free to ing: BROWNBACK AMENDMENT NO. 892 travel without limitation for periods not to SEC. . SENSE OF THE SENATE REGARDING ES- exceed 30 days per any one trip to attend to Mr. BROWNBACK proposed an TONIA, LATVIA, AND LITHUANIA. a medical emergency involving, or to attend amendment to the bill, S. 955, supra; as It is the sense of the Senate that Estonia, the funeral of, such person’s parent, sibling, follows: Latvia, and Lithuania— (1) are to be commended for their progress spouse, or child; and At the appropriate place in the bill, insert (3) the United States government shall not the following: toward political and economic reform and meeting the guidelines for prospective NATO be prohibited from participating in humani- SEC. . SENSE OF THE SENATE REGARDING SUP- tarian relief efforts of multilateral organiza- PORT FOR COUNTRIES OF THE members; (2) would make an outstanding contribu- tions of which the United States is a mem- SOUTH CAUCASUS AND CENTRAL ber, where such humanitarian relief efforts ASIA. tion to furthering the goals of NATO and en- are made in the aftermath of a natural disas- Congress makes the following findings: hancing stability, freedom, and peace in Eu- ter on the island of Cuba. (1) the ancient Silk Road, once the eco- rope should they become NATO members; nomic lifeline of Central Asia and the South and Caucasus, traversed much of the territory (3) upon complete satisfaction of all rel- BOXER (AND OTHERS) now within the countries of Armenia, evant criteria should be invited to become AMENDMENT NO. 897 full NATO members at the earliest possible Azerbijan, Georgia, Kazakstan, Kyrgyzstan, Mrs. BOXER (for herself, Mr. AL- Tajikistan, Turkmenistan, and Uzbekistan. date. LARD, Mr. SMITH of New Hampshire, (2) Economic interdependence spurred mu- tual cooperation among the peoples along MURKOWSKI (AND OTHERS) Mr. LEAHY, and Mr. TORRICELLI) pro- the Silk Road and restoration of the historic AMENDMENT NO. 894 posed an amendment to the bill, S. 955, relationships and economic ties between supra; as follows: Mr. MURKOWSKI (for himself, Mr. those peoples is an important element of en- At the appropriate place, insert: MCCAIN, and Mr. NICKLES) proposed an suring their sovereignty as well as the suc- WILDLIFE CONSERVATION cess of democratic and market reforms. amendment to the bill, S. 955, supra; as SEC. . Of the funds appropriated by this (3) The development of strong political and follows: Act, not more than $2,900,000 may be made economic ties between countries of the At the appropriate place, insert the follow- available for the Communal Areas Manage- South Caucasus and Central Asia and the ing: ‘‘Provided further, That funds appro- ment Programme for Indigenous Resources West will foster stability in the region. priated under this heading to the Korean Pe- (4) The development of open market econo- (CAMPFIRE) in Zimbabwe: Provided, That ninsula Economic Development Organization none of the funds appropriated by this Act mies and open democratic systems in the (KEDO) may only be obligated if the Sec- countries of the South Caucasus and Central may be used to directly finance the trophy retary of State certifies and reports to the hunting of elephants or other endangered Asia will provide positive incentives for Congress that during the fiscal year the mili- international private investment, increased species as defined in the convention on Inter- tary armistice agreement of 1953 has not national Trade in Endangered Species of trade, and other forms of commercial inter- been violated by North Korea.’’ actions with the rest of the world. Flora and Fauna (CITES) or the Endangered (5) The Caspian Sea Basin, overlapping the Species Act: Provided further, That the territory of the countries of the South BINGAMAN AMENDMENTS NOS. 895– funds appropriated by this Act that are pro- Caucasus and Central Asia, contains proven 896 vided under the CAMPFIRE program may oil and gas reserves that may exceed Mr. BINGAMAN proposed two not be used for activities with the express in- $4,000,000,000,000 in value. tent to lobby or otherwise influence inter- amendments to the bill, S. 955, supra; national conventions or treaties, or United (6) The region of the South Caucasus and as follows: Central Asia will provide oil and gas in suffi- States government decision makers: Provided AMENDMENT NO. 895 cient quantities to reduce the dependence of further, That funds appropriated by this Act the United States on energy from the vola- At the appropriate place, insert the follow- that are made available for the CAMPFIRE tile Persian Gulf region. ing: program may be used only in Zimbabwe for (7) United States foreign policy and inter- SEC. . TRAVEL TO CUBA. the purpose of maximizing benefits to rural national assistance should be narrowly tar- (a) PROHIBITION.—The President shall not people while strengthening natural resources geted to support the economic and political restrict travel to Cuba by United States citi- management institutions: Provided further, independence of the countries of the South zens or other persons subject to the jurisdic- That not later than March 1, 1998, the Ad- Caucasus and Central Asia. tion of the United States, except in the case ministrator of the Agency for International Development shall submit a report to the ap- (b) SENSE OF THE SENATE.—It is the sense in which the United States is at war, where of the Senate that the policy of the United armed hostilities are in progress in or propriate congressional committees describ- States in the countries of the South around Cuba, or where there is imminent ing the steps taken to implement the CAMP- Caucasus and Central Asia should be— danger to the public health or the physical FIRE program, the impact of the program on (1) to promote sovereignty and independ- safety of the United States travelers to the people and wildlife of CAMPFIRE dis- ence with democratic government; Cuba. tricts, alternatives to trophy hunting as a (2) to assist actively in the resolution of (b) SUPERSEDES EXISTING LAW.—This sec- means of generating income for CAMPFIRE regional conflicts; tion supersedes any other provision of law. districts, and a description of how funds (3) to promote friendly relations and eco- (c) DEFINITION.—For purposes of this sec- made available for CAMPFIRE in fiscal year nomic cooperation; and tion the term ‘‘United States’’ includes the 1998 are to be used. (4) to help promote market-oriented prin- several States of the United States, the Dis- ciples and practices; trict of Columbia, the Commonwealth of SPECTER AMENDMENT NO. 898 Puerto Rico, the Commonwealth of the (5) to assist in the development of infra- Mr. SPECTER proposed an amend- structure necessary for communications, Northern Mariana Islands, the United States transportation, and energy and trade on an Virgin Islands, Guam, American Samoa, and ment to the bill, S. 955, supra; as fol- East-West axis in order to build strong inter- any other territory or possession of the Unit- lows: national relations and commerce between ed States. At the appropriate place in the bill, insert those countries and the stable, democratic, the following: and market-oriented countries of the Euro- AMENDMENT NO. 896 SEC. . RESTRICTION ON ASSISTANCE MADE TO Atlantic Community; and At the appropriate place, insert the follow- THE PALESTINIAN AUTHORITY. (6) to support United States business inter- ing: None of the funds appropriated or other- ests and investments in the region. SEC. . PROTECTION OF HUMANITARIAN EF- wise made available by this Act may be obli- (c) DEFINITION.—In this section, the term FORTS. gated or expended with respect to providing ‘‘countries of the South Caucasus and Notwithstanding any provision of law to funds to the Palestinian Authority, unless Central Asia’’ means Armenia, Azerbaijan, the contrary. the President certifies to Congress that: S7612 CONGRESSIONAL RECORD — SENATE July 16, 1997 (1) the Palestinian Authority is using its $67,000,000,000 in 1996, including costs for lost the enhancement of United States inter- maximum efforts to combat terrorism, and, productivity, premature death, and incarcer- national narcotics control programs. in accordance with the Oslo Accords, has ation. ceased the use of violence, threat of violence, (6) Worldwide drug trafficking generates DODD AMENDMENT NO. 901 or incitement to violence as a tool of the revenues estimated at $400,000,000,000 annu- Palestinian Authority’s policy toward Israel; ally. Mr. DODD proposed an amendment (2) after a full investigation by the Depart- (7) The United States has spent more than to amendment No. 900 proposed by him ment of Justice, the Executive branch of $25,000,000,000 for drug interdiction and to the bill, S. 955, supra; as follows: Government concludes that Chairman Arafat source country counternarcotics programs Strike all after the first word in the pend- had no prior knowledge of the World Trade since 1981, and despite impressive seizures at ing amendment and add in lieu thereof the Center bombing; and the border, on the high seas, and in other following— (3) after a full inquiry by the Department countries, illegal drugs from foreign sources SUSPENSION OF DRUG CERTIFICATION PROCE- of State, the Executive branch of govern- are cheaper and more readily available in DURES. ment concludes that Chairman Arafat did the United States today than 20 years ago. SEC. 575. (a) FINDINGS.—Congress makes not authorize and did not fail to use his au- (8) The 1961 Single Convention on Narcotic the following findings: thority to prevent the Tel Aviv cafe bombing Drugs, the 1971 Convention on Psychotropic (1) The international drug trade poses a di- of March 21, 1997. Substances, and the 1988 Convention Against rect threat to the United States and to inter- Illicit Traffic in Narcotic Drugs and Psycho- national efforts to promote democracy, eco- HARKIN (AND OTHERS) tropic Substances form the legal framework nomic stability, human rights, and the rule AMENDMENT NO. 899 for international drug control cooperation. of law. (9) The United Nations International Drug (2) The United States has a vital national Mr. HARKIN (for himself, Mr. WAR- Control Program, the International Narcot- interest in combating the financial and other NER, Mr. TORRICELLI, Mr. SANTORUM, ics Control Board, and the Organization of resources of the multinational drug cartels, and Mr. JOHNSON) proposed an amend- American States can play important roles in which resources threaten the integrity of po- ment to the bill, S. 955, supra; as fol- facilitating the development and implemen- litical and financial institutions both in the lows: tation of more effective multilateral pro- United States and abroad. grams to combat both domestic and inter- (3) Approximately 12,800,000 Americans use At the appropriate place, insert the follow- national drug trafficking and consumption. ing new section: illegal drugs, including 1,500,000 cocaine (10) The annual certification process re- users, 600,000 heroin addicts, and 9,800,000 SEC. . DEMOCRACY-BUILDING ACTIVITY IN quired by section 490 of the Foreign Assist- marijuana users. PAKISTAN. ance Act of 1961 (22 U.S.C. 2291j), which has (4) Illegal drug use occurs among members (a) OPIC.—Section 239(f) of the Foreign As- been in effect since 1986, has failed to foster of every ethnic and socioeconomic group in sistance Act of 1961 (22 U.S.C. 2199(f)) is bilateral or multilateral cooperation with the United States. amended by inserting ‘‘, or Pakistan’’ after United States counternarcotics programs be- (5) Drug-related illness, death, and crime ‘‘China’’. cause its provisions are vague and inconsist- cost the United States approximately (b) TRAINING ACTIVITY.—Section 638(b) of ently applied and fail to acknowledge that $67,000,000,000 in 1996, including costs for lost the Foreign Assistance Act of 1961 (22 U.S.C. United States narcotics programs have not productivity, premature death, and incarcer- 2398(b)) is amended— been fully effective in combating consump- ation. (1) by inserting ‘‘or any activity to pro- tion or trafficking in illegal drugs, and relat- (6) Worldwide drug trafficking generates mote the development of democratic institu- ed crimes, in the United States. revenues estimated at $400,000,000,000 annu- tions’’ after ‘‘activity’’; and (b) SENSE OF CONGRESS.—It is the sense of ally. (2) by inserting ‘‘, Pakistan,’’ after Congress that— (7) The United States has spent more than ‘‘Brazil’’. (1) existing United States domestic and $25,000,000,000 for drug interdiction and (c) TRADE AND DEVELOPMENT.—It is the international counternarcotics program have source country counternarcotics programs sense of Congress that the Director of the not reduced the supply of illegal drugs or sig- since 1981, and despite impressive seizures at Trade and Development Agency should use nificantly reduced domestic consumption of the border, on the high seas, and in other funds made available to carry out the provi- such drugs; countries, illegal drugs from foreign sources sions of section 661 of the Foreign Assistance (2) the President should appoint a high are cheaper and more readily available in Act of 1961 (22 U.S.C. 2421) to promote United level task force of foreign policy experts, law the United States today than 20 years ago. States exports to Pakistan. enforcement officials, and drug specialists to (8) The 1961 Single Convention on Narcotic develop a comprehensive program for ad- Drugs, the 1971 Convention on Psychotropic DODD (AND OTHERS) AMENDMENT dressing domestic and international drug Substances, and the 1988 Convention Against NO. 900 trafficking and drug consumption and relat- Illicit Traffic in Narcotic Drugs and Psycho- ed crimes, with particular attention to fash- tropic Substances form the legal framework Mr. DODD (for himself, Mr. MCCAIN, ioning a multilateral framework for improv- for international drug control cooperation. Mr. DASCHLE, Mr. LUGAR, Mr. DOMEN- ing international cooperation in combating (9) The United Nations International Drug ICI, Mrs. HUTCHISON, Mr. COCHRAN, Mr. illegal drug trafficking, and should designate Control Program, the International Narcot- HAGEL, Mr. WARNER, Mr. KERREY, and the Director of the Office of National Drug ics Control Board, and the Organization of Mr. INOUYE) proposed an amendment to Policy to chair the task force; American States can play important roles in the bill, S. 955, supra; as follows: (3) the President should call upon the facilitating the development and implemen- heads of state of major illicit drug producing tation of more effective multilateral pro- On page 102, between lines 9 and 10, insert countries, major drug transit countries, and grams to combat both domestic and inter- the following: major money laundering countries to estab- national drug trafficking and consumption. TEMPORARY SUSPENSION OF DRUG lish similar high level task forces to work in (10) The annual certification process re- CERTIFICATION PROCEDURES coordination with the United States; and quired by section 490 of the Foreign Assist- SEC. 575. (a) FINDINGS.—Congress makes (4) not later than one year after the date of ance Act of 1961 (22 U.S.C. 2291j), which has the following findings: enactment of this Act, the President should been in effect since 1986, has failed to foster (1) The international drug trade poses a di- call for the convening of an international bilateral or multilateral cooperation with rect threat to the United States and to inter- summit of all interested governments to be United States counternarcotics programs be- national efforts to promote democracy, eco- hosted by the Organization of American cause its provisions are vague and inconsist- nomic stability, human rights, and the rule States or another international organization ently applied and fail to acknowledge that of law. mutually agreed to by the parties, for the United States narcotics programs have not (2) The United States has a vital national purpose of reviewing the findings and rec- been fully effective in combating consump- interest in combating the financial and other ommendations of the task forces referred to tion or trafficking in illegal drugs, and relat- resources of the multinational drug cartels, in paragraphs (1) and (2) and adopting a ed crimes, in the United States. which resources threaten the integrity of po- counternarcotics plan of action for each (b) SENSE OF CONGRESS.—It is the sense of litical and financial institutions both in the country. Congress that— United States and abroad. (c) SUSPENSION OF DRUG CERTIFICATION (1) existing United States domestic and (3) Approximately 12,800,000 Americans use PROCESS.—(1) Section 490 of the Foreign As- international counternarcotics programs illegal drugs, including 1,500,000 cocaine sistance Act of 1961 (22 U.S.C. 2291j), relating have not reduced the supply of illegal drugs users, 600,000 heroin addicts, and 9,800,000 to annual certification procedures for assist- or significantly reduced domestic consump- marijuana users. ance for certain drug-producing and drug- tion of such drugs; (4) Illegal drug use occurs among members transit countries, shall not apply in 1998 and (2) the President should appoint a high of every ethnic and socioeconomic group in 1999. level task force of foreign policy experts, law the United States. (2) The President may waive the applica- enforcement officials, and drug specialists to (5) Drug-related illness, death, and crime bility of that section in 2000 if the President develop a comprehensive program for ad- cost the United States approximately determines that the waiver would facilitate dressing domestic and international drug July 16, 1997 CONGRESSIONAL RECORD — SENATE S7613 trafficking and drug consumption and relat- On page 18, line 2, before the period insert eign countries, funds appropriated by this or ed crimes, with particular attention to fash- the following: ‘‘: Provided further, That of the any other Act making appropriations pursu- ioning a multilateral framework for improv- amount appropriated under this heading, not ant to part I of the Foreign Assistance Act of ing international cooperation in combating less than $500,000 shall be available only for 1961 that are made available for the United illegal drug trafficking, and should designate the Special Investigative Unit (SIU) of the States-Asia Environmental Partnership may the Director of the Office of National Drug Haitian National Police’’. be made available for activities for the Peo- Policy to chair the task force; On page 93, strike lines 7 through 24 and in- ple’s Republic of China. (3) the President should call upon the sert the following: heads of state of major illicit drug producing LIMITATION ON ASSISTANCE FOR HAITI ENZI (AND OTHERS) AMENDMENT countries, major drug transit countries, and SEC. . (a) LIMITATION.—None of the funds NO. 907 major money laundering countries to estab- appropriated or otherwise made available by lish similar high level task forces to work in Mr. MCCONNELL (for Mr. ENZI for this Act may be provided to the Government coordination with the United States; and himself, Mr. KERRY, and Mr. BYRD) pro- of Haiti unless the President reports to Con- (4) not later than one year after the date of posed an amendment to the bill, S. 955, gress that the Government of Haiti— enactment of this Act, the President should (1) is conducting thorough investigations supra; as follows: call for the convening of an international of extrajudicial and political killings; At the appropriate place in the bill, insert summit of all interested governments to be (2) is cooperating with United States au- the new section as follows: hosted by the Organization of American thorities in the investigations of political SEC. . REQUIREMENTS FOR THE REPORTING TO States or another international organization and extrajudicial killings; CONGRESS OF THE COSTS TO THE mutually agreed to by the parties, for the (3) has made demonstrable progress in FEDERAL GOVERNMENT ASSOCI- purpose of reviewing the findings and rec- ATED WITH THE PROPOSED AGREE- privatizing major governmental parastatals, ommendations of the task forces referred to MENT TO REDUCE GREENHOUSE including demonstrable progress toward the in paragraphs (1) and (2) and adopting a GAS EMISSIONS. material and legal transfer of ownership of counternarcotics plan of action for each (a) The President shall provide to the Con- such parastatals; and country. gress a detailed account of all federal agency (4) has taken action to remove from the (c) SUSPENSION OF DRUG CERTIFICATION obligations and expenditures for climate Haitian National Police, national palace and PROCESS.—(1) Section 490 of the Foreign As- change programs and activities, domestic residential guard, ministerial guard, and any sistance Act of 1961 (22 U.S.C. 2291j), relating and international, for FY 1997, planned obli- other public security entity of Haiti those to annual certification procedures for assist- gations for such activities in FY 1998, and individuals who are credibly alleged to have ance for certain drug-producing and drug- any plan for programs thereafter in the con- engaged in or conspired to conceal gross vio- transit countries, shall not apply in 1998 and text of negotiations to amend the Frame- lations of internationally recognized human 1999. work Convention on Climate Change (FCCC) (2) The President may waive the applica- rights. to be provided to the appropriate congres- bility of that section in 2000 if the President (b) EXCEPTIONS.—The limitation in sub- sional committees no later than October 15, determines prior to December 31, 1999 that section (a) does not apply to the provision of 1997. the waiver would facilitate the enhancement humanitarian, electoral, counter narcotics, of United States international narcotics con- or development assistance. HAGEL (AND SARBANES) trol programs. (c) WAIVER.—The President may waive the requirements of this section on a semiannual AMENDMENT NO. 908 basis if the President determines and cer- Mr. MCCONNELL (for Mr. HAGEL for GORTON (AND OTHERS) tifies to the appropriate committees of Con- himself and Mr. SARBANES) proposed an AMENDMENT NO. 902 gress that such waiver is in the national in- amendment to the bill, S. 955, supra; as Mr. GORTON (for himself, Mrs. FEIN- terest of the United States. follows: (d) PARASTATALS DEFINED.—As used in this STEIN, Mrs. MURRAY, and Mrs. BOXER) On page 102, between lines 9 and 10, insert section, the term ‘‘parastatal’’ means a gov- the following: proposed an amendment to the bill, S. ernment-owned enterprise. 955, supra; as follows: SEC. . AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING. At the appropriate place, insert the follow- KYL AMENDMENTS NOS. 904–905 (a) IN GENERAL.—Section 235(a) of the For- ing: eign Assistance Act of 1961 (22 U.S.C. 2195(a)) The Boeing Company and McDonnell Doug- Mr. MCCONNELL (for Mr. KYL) pro- is amended— las have announced their merger; and posed two amendments to the bill, S. (1) by striking paragraphs (1) and (2)(A) The Department of Defense has approved 955, supra; as follows: and inserting the following: that merger as consistent with the national AMENDMENT NO. 904 ‘‘(1) INSURANCE AND FINANCING.—(A) The security of the United States; and On page 23, line 17, insert after ‘‘Provided,’’ maximum contingent liability outstanding The Federal Trade Commission has found at any one time pursuant to insurance issued that merger not to violate the antitrust laws the following: ‘‘That of the funds made avail- able for Ukraine under this subsection, not under section 234(a), and the amount of fi- of the United States; and nancing issued under sections 234 (b) and (c), The European Commission has consist- less than $25,000,000 shall be available only shall not exceed in the aggregate ently criticized and threatened the merger for comprehensive legal restructuring nec- essary to support a decentralized market-ori- $29,000,000,000.’’; before, during, and after its consideration of (2) by redesignating paragraph (3) as para- ented economic system, including the enact- the facts; and graph (2); and The sole true reason for the European ment of all necessary substantive commer- (3) by amending paragraph (2) (as so redes- Commission criticism and imminent dis- cial law and procedures, the implementation ignated) by striking ‘‘1997’’ and inserting approval of the merger is to gain an unfair of reforms necessary to establish an inde- ‘‘1999’’. competitive advantage for Airbus, a govern- pendent judiciary and bar, the education of (b) CONFORMING AMENDMENT.—Paragraph ment-owned aircraft manufacturer; judges, attorneys, and law students in the (2) of section 235(a) of that Act (22 U.S.C. Now therefore, It is the sense of the Senate comprehensive commercial law reforms, and 2195(a)), as redesignated by subsection (a), is that any such disapproval on the part of the public education designed to promote under- further amended by striking ‘‘(a) and (b)’’ European Commission would constitute an standing of commercial law necessary to and inserting ‘‘(a), (b), and (c)’’. unwarranted and unprecedented interference Ukraine’s economic independence: Provided further,’’. in a United States business transaction that LAUTENBERG (AND OTHERS) would threaten thousands of American aero- AMENDMENT NO. 909 space jobs; and AMENDMENT NO. 905 The Senate suggests that the President On page 25, line 24, insert after ‘‘reactor’’ Mr. MCCONNELL (for Mr. LAUTEN- take such actions as he deems appropriate to the following: ‘‘or ballistic missiles’’ BERG, for himself, Mr. KENNEDY, Mr. protect U.S. interests in connection there- MOYNIHAN, Mr. D’AMATO, Mr. with. BAUCUS AMENDMENT NO. 906 TORRICELLI, and Ms. MIKULSKI) pro- posed an amendment to the bill, S. 955, Mr. MCCONNELL (for Mr. BAUCUS) DEWINE AMENDMENT NO. 903 supra; as follows: proposed an amendment to the bill, S. Mr. DEWINE proposed an amendment On page 102, between lines 9 and 10, insert 955, supra; as follows: to the bill, S. 955, supra; as follows: the following: On page 102, between lines 9 and 10, insert On page 10, line 4, strike ‘‘Institute.’’ and WITHHOLDING ASSISTANCE TO COUNTRIES VIO- the following: insert ‘‘Institute: Provided further, That of LATING UNITED NATIONS SANCTIONS AGAINST the funds made available under this heading USE OF FUNDS FOR THE UNITED STATES-ASIA LIBYA for Haiti, up to $250,000 may be made avail- ENVIRONMENTAL PARTNERSHIP SEC. 575. (a) WITHHOLDING OF ASSISTANCE.— able to support a program to assist Haitian SEC. . Notwithstanding any other provi- Except as provided in subsection (b), when- children in orphanages.’’. sion of law that restricts assistance to for- ever the President determines and certifies S7614 CONGRESSIONAL RECORD — SENATE July 16, 1997 to Congress that the government of any Hemisphere International Law Enforcement tending United States supported IMET pro- country is violating any sanction against Academy under the auspices of the Organiza- grams are civilians. Libya imposed pursuant to United Nations tion of American States with full oversight (c) REPORT.—Not later than 1 year after Security Council Resolution 731, 748, or 883, by the Department of State.’’ the date of enactment of this Act, the Sec- then not less than 5 percent of the funds al- retary of State shall report in writing to the located for the country under section 653(a) DODD (AND OTHERS) AMENDMENT appropriate committees of Congress on the of the Foreign Assistance Act of 1961 out of progress made to improve military training appropriations in this Act shall be withheld NO. 912 of Latin American participants in the areas from obligation and expenditure for that Mr. MCCONNELL (for Mr. DODD, for of human rights and civilian control of the country. himself, Mr. LEAHY, and Mr. JEFFORDS) military. The Secretary shall include in the (b) EXCEPTION.—The requirement to with- proposed an amendment to the bill, S. report plans for implementing additional ex- hold funds under subsection (a) shall not 955, supra; as follows: panded IMET programs for Latin America apply to funds appropriated in this Act for during the next 3 fiscal years. allocation under section 653(a) of the Foreign At the appropriate place in the bill, insert the following: Assistance Act of 1961 for development as- TORRICELLI AMENDMENT NO. 913 sistance or for humanitarian assistance. REFORM AND REVIEW OF UNITED STATES SPONSORED TRAINING PROGRAMS Mr. MCCONNELL (for Mr. LEAHY AMENDMENT NO. 910 SEC. . (a) FINDINGS.—Congress makes the TORRICELLI) proposed an amendment to following findings: the bill, S. 955, supra; as follows: Mr. MCCONNELL (for Mr. LEAHY) (1) United States training of members of At the appropriate place, insert the follow- proposed an amendment to the bill, S. Latin American military and security forces ing: 955, supra; as follows: that occurred primarily at the Army School SEC. . LIBERATION TIGERS OF TAMIL EELAM. of the Americas between 1982 and 1991 has At the appropriate place in the bill, insert SENSE OF SENATE.—It is the sense of the the following: been severely criticized for promoting prac- Senate that the Department of State should tices that have contributed to the violation SEC. . WAR CRIMES PROSECUTION. list the Liberation Tigers of Tamil Eelam as of human rights and have otherwise been in- (a) Section 2401 of Title 18, United States a terrorist organization. consistent with the appropriate role of the Code (Public Law 104–192; the War Crimes Armed Forces in a democratic society. Act of 1996) is amended as follows: (2) Numerous members of Latin American DURBIN AMENDMENT NO. 914 (1) in subsection (a), by striking ‘‘commits military and security forces who have par- a grave breach of the Geneva Conventions’’ Mr. MCCONNELL (for Mr. DURBIN) ticipated in United States sponsored training and inserting in lieu thereof ‘‘commits a war proposed an amendment to the bill, S. programs, have subsequently been identified crime’’; as having masterminded, participated in, or 955, supra; as follows: (2) in subsection (b)— sought to cover up some of the most heinous At the appropriate place in the bill insert (A) by striking ‘‘the person committing human rights abuses in the region. the following: such breach or the victim of such breach’’ (3) United States interests in Latin Amer- and inserting in lieu thereof ‘‘the person LIMITATION ON INTERNATIONAL MILITARY EDU- ica would be better served if Latin American committing such crime or the victim of such CATION AND TRAINING ASSISTANCE FOR PERU military personnel were exposed to training crime’’; and SEC. . None of the funds appropriated or programs designed to promote— (B) by inserting before the period at the otherwise made available by this Act may be (A) proper management of scarce national end of the subsection ‘‘or that the person provided to the Government of Peru for defense resources, committing such crime is later found in the international military education and train- (B) improvements in national systems of United States after such crime is commit- ing under chapter 5 of part II of the Foreign justice in accordance with internationally ted’’; Assistance Act of 1961, unless the President recognized principles of human rights, and (3) in subsection (c)— certifies to Congress that the Government of (C) greater respect and understanding of (A) by striking ‘‘the term ‘grave breach of Peru is taking all necessary steps to ensure the principle of civilian control of the mili- the Geneva Conventions’ means conduct de- that United States citizens held in prisons in tary. fined as’’ and inserting in lieu thereof ‘‘the Peru are accorded timely, open, and fair (4) In 1989, Congress mandated that the De- term ‘war crime’ means conduct (1) defined legal proceedings in civilian courts. partment of Defense institute new training as’’; and programs (commonly referred to as expanded (B) by inserting the following before the IMET) with funds made available for inter- LEAHY (AND OTHERS) period at the end: ’’; (2) prohibited by Arti- national military and education programs in AMENDMENT NO. 915 cles 23, 25, 27, or 28 of the Annex to the Hague order to promote the interests described in Convention IV, Respecting the Laws and Mr. MCCONNELL (for Mr. LEAHY, for paragraph (3). Congress also expanded the Customs of War on Land, signed on October, himself, Mr. LUGAR, and Mr. SARBANES) definition of eligibility for such training to 1907; (3) which constitutes a violation of include non-defense government personnel proposed an amendment to the bill, S. common Article 3 of the international con- from countries in Latin America. 955, supra; as follows: ventions signed at Geneva on August 1949; or (5) Despite congressionally mandated em- On page 43, line 3 after the word ‘‘(IAEA).’’ (4) of a person who, in relation to an armed phasis on expanded IMET training programs, insert the following new section: conflict and contrary to the provisions of the only 4 of the more than 50 courses offered an- Protocol on Prohibitions or Restrictions on SEC. . AUTHORIZATION REQUIREMENT FOR nually at the United States Army School of the Use of Mines, Booby-traps and Other De- INTERNATIONAL FINANCIAL INSTI- the Americas qualify as expanded IMET. TUTIONS. vices as amended at Geneva on 3 May 1996 (b) LIMITATION OF USE OF FUNDS.—Notwith- (a) The Secretary of the Treasury may, to (Protocol II as amended on 3 May 1996), when standing any other provision of law, none of fulfill commitments of the United States, (1) the United States is a party to such Proto- the funds appropriated in this Act under the effect the United States participation in the col, willfully kills or causes serious injury to heading relating to international military first general capital increase of the Euro- civilians’’; education and training may be made avail- pean Bank for Reconstruction and Develop- (4) by adding a new subsection (d) to read able for training members of any Latin ment, subscribe to and make payment for as follows: American military or security force until— 100,000 additional shares of the capital stock ‘‘(d) NOTIFICATION.—No prosecution of any (1) the Secretary of Defense has advised of the Bank on behalf of the United States; crime prohibited in this section shall be un- the Secretary of State in writing that 30 per- and (2) contribute on behalf of the United dertaken by the United States except upon cent of IMET funds appropriated for fiscal States to the eleventh replenishment of the the written notification to the Congress by year 1998 for the cost of Latin American par- resources of the International Development the Attorney General or his designee that in ticipants in IMET programs will be disbursed Association, to the sixth replenishment of his judgment a prosecution by the United only for the purpose of supporting enroll- the resources of the Asian Development States is in the national interest and nec- ment of such participants in expanded IMET Fund, a special fund of the Asian Develop- essary to secure substantial justice.’’. courses; and ment Bank. The following amounts are au- (2) the Secretary of State has identified thorized to be appropriated without fiscal DOMENICI AMENDMENT NO. 911 sufficient numbers of qualified, non-military year limitation for payment by the Sec- personnel from countries in Latin America retary of the Treasury: (1) $285,772,500 for Mr. MCCONNELL (for Mr. DOMENICI) to participate in IMET programs during fis- paid-in capital, and $984,327,500 for callable proposed an amendment to the bill, S. cal year 1998 in consultation with the Sec- capital of the European Bank for Recon- 955, supra; as follows: retary of Defense, and has instructed United struction and Development; (2) $1,600,000,000 On page 28, line 19 after the word ‘‘coun- States embassies in the hemisphere to ap- for the International Development Associa- try’’ insert the following: ‘‘Provided further, prove their participation in such programs tion; (3) $400,000,000 for the Asian Develop- That of this amount not to exceed $5 million so that not less than 25 percent of the indi- ment Fund; and (4) $76,832,001 for paid-in cap- shall be allocated to operate the Western viduals from Latin American countries at- ital, and $4,511,156,729 for callable capital of July 16, 1997 CONGRESSIONAL RECORD — SENATE S7615 the Inter-American Development Bank in Treaty Organization: Provided further, That, cial Investigation to meet on Wednes- connection with the eighth general increase to carry out funding the previous proviso, all day, July 16, 1997, at 10 a.m. for a hear- in the resources of that Bank. Each such sub- or part of the $60,000,000 may be derived by ing on campaign financing issues. scription or contribution shall be subject to transfer notwithstanding any other provi- The PRESIDING OFFICER. Without obtaining the necessary appropriations. sion of law, from titles I, II, III, and IV of objection, it is so ordered. (b) Section 17 of the Bretton Woods Agree- this Act.’’ COMMITTEE ON THE JUDICIARY ment Act, as amended (22 U.S.C. 286e–2 et f seq.) is amended as follows: Mr. MCCONNELL. Mr. President, I (1) Section 17(a) is amended by striking THE LEGISLATIVE BRANCH AP- ask unanimous consent that the Com- ‘‘and February 24, 1983’’ and inserting instead PROPRIATIONS ACT FOR FISCAL mittee on the Judiciary be authorized ‘‘February 24, 1983, and January 27, 1997’’; YEAR 1998 to meet during the session of the Sen- and by striking ‘‘4,250,000,000’’ and inserting ate on Wednesday, July 16, 1997, at 10 instead ‘‘6,712,000,000’’. a.m. in room 226 of the Senate Dirksen (2) Section 17(b) is amended by striking BINGAMAN AMENDMENT NO. 920 Office Building to hold a hearing on: ‘‘4,250,000,000’’ and inserting instead ‘‘A Review of the Global Tobacco Set- ‘‘6,712,000,000’’. Mr. BENNETT (for Mr. BINGAMAN) (3) Section 17(b) is amended by inserting tlement.’’ proposed an amendment to the bill (S. The PRESIDING OFFICER. Without ‘‘or the Decision of January 27, 1997,’’ after 1019) making appropriations for the ‘‘February 24, 1983,’’; and by inserting ‘‘or objection, it is so ordered. the New Arrangements to Borrow, as appli- legislative branch for the fiscal year COMMITTEE ON RULES AND ADMINISTRATION cable’’ before the period at the end. ending September 30, 1998, and for Mr. MCCONNELL. Mr. President, I (c) The authorizations under this section other purposes; as follows: ask unanimous consent that the Com- are subject to the Senate Foreign Relations On page 38, line 2, insert before the period mittee on Rules and Administration be Committee reporting out an * * *. the following: ‘‘: Provided further, That authorized to meet during the session $4500,000 shall be available only or expendi- of the Senate on Wednesday, July 16, D’AMATO (AND OTHERS) ture on studies and assessments, to be car- 1997, at 2:30 p.m. until business is com- AMENDMENT NO. 916 ried out by not-for-profit scientific, techno- pleted to hold a business meeting to logical, or educational institutions, of the consider the investigation into the con- Mr. MCCONNELL (for Mr. D’AMATO, matters described in section 472(c) of title 2, for himself, Mr. HELMS, and Mr. United States Code: Provided further, That tested Louisiana Senate election. FAIRCLOTH) proposed an amendment to topics for studies and assessments under the The PRESIDING OFFICER. Without the bill, S. 955, supra; as follows: previous proviso, and the institutions des- objection, it is so ordered. SUBCOMMITTEE ON ANTITRUST, BUSINESS On page 42, line 4, insert after the period ignated to carry out the studies and assess- RIGHTS, AND COMPETITION the following: ‘‘Notwithstanding any other ments, shall be selected by the voting mem- provision of law, none of the funds appro- bers of the Technology Assessment Board Mr. MCCONNELL. Mr. President, I priated under this heading may be made under section 473 of title 2, United States ask unanimous consent that the Sub- available until the relevant Committees of Code, from among topics requested pursuant committee on Antitrust, Business Congress have reviewed the new arrange- to paragraphs (1) or (2) of section 472(d) of Rights, and Competition, of the Senate ments for borrowing by the International such title’’. Committee on the Judiciary, be au- Monetary Fund provided for under this head- f thorized to meet during the session of ing and authorizing legislation for such bor- the Senate on Wednesday, July 16, 1997, AUTHORITY FOR COMMITTEES TO rowing has been enacted.’’. at 2 p.m. to hold a hearing in room 226, MEET Senate Dirksen Building, on: ‘‘S. 539, LEAHY AMENDMENT NO. 917 COMMITTEE ON AGRICULTURE, NUTRITION, AND The Television Improvement Act.’’ Mr. MCCONNELL (for Mr. LEAHY) FORESTRY The PRESIDING OFFICER. Without proposed an amendment to the bill, S. Mr. MCCONNELL. Mr. President, I objection, it is so ordered. 955, supra; as follows: ask unanimous consent that the Com- f mittee on Agriculture, Nutrition, and On page 30, line 9, after the word ‘‘Act’’ in- ADDITIONAL STATEMENTS sert ‘‘or the Foreign Assistance Act of 1961’’. Forestry be allowed to meet during the session of the Senate on Wednesday, FAIRCLOTH AMENDMENT NO. 918 July 16, 1997 at 9 a.m. in SR–328A to re- TRIBUTE TO JUDGE DONALD H. ceive testimony regarding energy secu- PATTERSON Mr. MCCONNELL (for Mr. rity and agricultural energy issues. ∑ Mr. SHELBY. Mr. President, I rise FAIRCLOTH) proposed an amendment to The PRESIDING OFFICER. Without the bill, S. 955, supra; as follows: today in honor of Judge Donald H. Pat- objection, it is so ordered. terson who died at age 61 on May 28, At the appropriate place, insert: COMMITTEE ON ENVIRONMENT AND PUBLIC 1997 after his courageous 7-month bat- None of the funds appropriated or other- WORKS wise made available by this Act may be pro- tle with lung disease. Donald Patterson vided to the Government of the Congo until Mr. MCCONNELL. Mr. President, I was a friend, dedicated father and com- such time as the President reports in writing ask unanimous consent that the full munity leader who was respected by all to the Congress that the Government of Committee on Environment and Public who knew him. Judge Patterson honor- Congo is cooperating fully with investigators Works be granted permission to con- ably served the people of Lauderdale from the United Nations or any other inter- duct a hearing Wednesday, July 16, County, AL, as an elected judge in the national relief organizations in accounting 1997, at 9:30 a.m., to receive testimony 11th Judicial District of Alabama. for human rights violations or atrocities from Jamie Rappaport Clark, nomi- Don grew up in Florence, AL and committed in Congo or adjacent countries. nated by the President to be Director, then received both his bachelor’s and U.S. Fish and Wildlife Service. law degrees from the University of Ala- LOTT (AND OTHERS) AMENDMENT The PRESIDING OFFICER. Without bama. Always a leader, Don was presi- NO. 919 objection, it is so ordered. dent of the student government asso- Mr. MCCONNELL (for Mr. LOTT, for COMMITTEE ON FOREIGN RELATIONS ciation while at the university. Follow- ing his graduation from law school, himself, Mr. LIEBERMAN, Mr. SMITH of Mr. MCCONNELL. Mr. President, I Oregon, Mr. HOLLINGS, Mr. SHELBY, Mr. ask unanimous consent that the Com- Don served active duty in the U.S. ROTH, Mr. BIDEN, Mr. DEWINE, Mr. mittee on Foreign Relations be author- Army, and later, 6 years in the U.S. Army Reserve. COATS, Mr. HAGEL, Mr. FRIST, and Mr. ized to meet during the session of the In 1959, Don began his law practice MCCONNELL) proposed an amendment Senate on Wednesday, June 16, 1997, at to the bill, S. 955, supra; as follows: with Bert Haltrom. The two continued 2 p.m. to hold a hearing. to practice until Bert Haltrom was ap- On page 34, and the end of line 21 strike the The PRESIDING OFFICER. Without pointed U.S. district court judge. Until period and insert: ‘‘: Provided further, That objection, it is so ordered. $60,000,000 of the funds appropriated or other- Don’s election to the circuit court in COMMITTEE ON GOVERNMENTAL AFFAIRS wise made available under this heading shall 1989, he practiced law with Florence at- be made available for the purpose of facilita- Mr. MCCONNELL. Mr. President, I torney Gary Jester. tion the integration of Poland, Hungary, and ask unanimous consent on behalf of the Judge Patterson was a true gen- the Czech Republic into the North Atlantic Governmental Affairs Committee Spe- tleman and leader. His Christian values S7616 CONGRESSIONAL RECORD — SENATE July 16, 1997 are reflected not only in the way he see the attached article from the Washington Service after news accounts of the memori- lived his life, but in the many organiza- Post.). This memorial has been closed almost al’s condition. In the May 13 letters, he said tions he led, belonged to and served. as much as it has been open to the public in he wanted the memorial fixed promptly. Until his passing, Judge Patterson was its two years and is already suffering from ‘‘It is disrespectful to our Korean War vet- disrepair and flooding problems because of erans to see the national memorial to their a member of the Alabama Judicial its location on the Mall—which lies on a service in such disrepair,’’ he wrote. ‘‘I would Study Commission and a director of flood plain. hesitate to take a visitor to this memorial, the Alabama Circuit Court Judges As- The current proposed site for the World which I supported and worked for over sev- sociation. War II memorial lies on this same flood plain eral years.’’ Additionally, Judge Patterson served and, besides its 50-foot-high berms and 7.4 Purka said Glenn’s letters ‘‘may have as chairman of the Florence-Lauder- acres of land space, calls for a significant added a little impetus’’ in getting repairs un- dale Industrial Expansion Committee; amount of subterranean construction. derway. director of the chamber of commerce; Because there have been no studies as to Yesterday, water flowed through the foun- the effects of subterranean construction on tain again, and two ducks paddled around past president of the Florence Rotary this site and the Mall, nor any studies on the the circular pool. Nearby a grader pushed Club, and a recipient of the Paul Harris impact the size and scope of the proposed fine, crushed gravel into the pool and the Fellow of Rotary International Award. memorial will have on the Mall, I am con- walkway were closed off with yellow tape Furthermore, he served numerous cerned about its long term impact and the and orange cones. other legal, civic, and Christian groups. cost to taxpayers, the City and the Federal John LeGault, 65, a Korean War veteran Judge Patterson was a first-rate government. Because once the memorial is visiting from Montrose, Colo., said Wednes- judge and lawyer—always very profes- completed, it will be turned over to the Na- day he wasn’t surprised to see the memorial sional and knowledgeable. As a Sunday tional Park Service for overall maintenance torn up. ‘‘Who cares?’’ he asked. ‘‘That was and thus will be supported by taxpayer dol- school teacher and past chairman of the forgotten war and this is the forgotten lars. memorial. Considering how long it took to the board of the First Methodist I am absolutely concerned with how our build it, it will take another 2 to fix it.’’ Church of Florence, he was an exem- veterans of World War II are honored. That William Weber, also a Korean War veteran plary citizen, leader, and role model. is why I am particularly troubled that the and chairman of the Gen. Richard G. Stilwell And as a husband, father, grandfather, National Park Service has ruled it will close Korean War Veterans Memorial Fund Inc., and friend, Don was a compassionate any memorial built on the Rainbow Pool said he understands LeGault’s frustration. and wonderful human being. Site during July 4th weekend celebrations, He and other board members struggled for My prayers go out to Don’s family because the Rainbow Pool Site is the launch nine years to raise the $18 million to build location of the fireworks display. This seems and friends. Don Patterson’s lifelong the memorial, only to see problems show up to belabor the point that not enough scru- within six months of the July 27, 1995, dedi- dedication to community and country tiny is being given to what is being built, cation by President Clinton. made our world a better place—he will where. ‘‘The memorial seemed to deteriorate so be sorely missed.∑ I appreciate and share your concern about quickly and then it took so long to take ac- f the progress of the World War II memorial tion to do the repairs,’’ Weber said. ‘‘Many of and will continue to work on behalf of the us were very frustrated.’’ RESPONSE TO THE AMERICAN veterans and the American people to ensure Weber said supporters of the memorial LEGION that a proper and fitting monument is con- have recognized the need for a private fund ∑ Mr. KERREY. Mr. President, re- structed and that the integrity of our Na- to handle large repairs not covered by the tional Mall is maintained. cently I received a letter from the na- Park Service but have only recently begun Please feel free to contact me in the future to raise money. tional vice commander of the Amer- if you have any further concerns and I hope Care of the nation’s memorials falls to the ican Legion expressing his displeasure you will join me in my efforts. Park Service when they are built on federal with my concerns with the process sur- Sincerely, parkland. However, over the years mainte- rounding the selection of a site and de- BOB KERREY. nance costs have risen with aging memorials sign for the World War II Memorial. and Congress has tightened the Park Serv- As a matter of public record, I would [From the Washington Post, May 23, 1997] ice’s budget. like to submit my response and an arti- NEGLECTED BUT NOT FORGOTTEN, KOREAN Since 1986, builders of memorials have been cle from the May 23, 1997, issue of the WAR MEMORIAL GETS HELP required to set aside 10 percent of the con- Washington Post. The Washington Post (By Linda Wheeler) struction costs for the Park Service’s use. For the Korean War Veterans Memorial, article discusses the recent problems Officials of the troubled Korean War Veter- ans Memorial have promised the fountain about $1.2 million was turned over to the with the Korean War Memorial, includ- Park Service, Purka said. However, the Park ing flooding and damage to shade trees will flow and the walkway will be open for the country’s official observance of Memo- Service said those funds are for routine in the surrounding areas. I thought rial Day on Monday. care—not major repairs such as the fountain this article might be of interest to the The two-year-old monument, near the Lin- and the $30,000 tree replacement. American Legion and my colleagues. coln Memorial, was partially closed in Sep- The Park Service has replaced dead shrubs The material follows: tember when the fountain broke, walkway around the 19 stainless steel soldier figures that are part of the memorial and has en- U.S. SENATE, paving stones buckled and 40 dead shade Washington, DC, July 15, 1997. trees were removed. Since then, various fed- hanced the lighting for nighttime visits. Weber said there will be a small ceremony ROBERT L. BOWEN, eral agencies and private contractors in- National Vice Commander, The American Le- volved with the memorial have argued over at the memorial on Monday to mark the hol- gion, Woodbridge, VA. who will pay for the repairs. iday. About 70 Korean War veterans are ex- DEAR MR. BOWEN: Although I am opposed Some of the work is being done under war- pected to gather at 1 p.m. for the presen- to the selection of the Rainbow Pool Site, I ranty, said American Battle Monuments tation of the colors and the laying of a fully support the construction of a memorial Commission spokesman Joe Purka. The com- wreath. to the veterans of World War II and have mission built the memorial and has agreed Park Service spokesman Earle Kittleman even called for the construction of a mu- to fund $100,000 in repairs until liability is said the agency was pleased the work at the seum. The struggle and sacrifices made by determined. memorial finally was getting done. For my parents’ generation during the most piv- Purka said the commission, founded in months, he had to respond to phone calls and otal event of the 20th Century is a story that 1923, has responsibility for maintaining 24 letters from concerned veterans. must be thoroughly told to my children and American military cemeteries in foreign ‘‘We want visitors to the parks to be able grandchildren’s generations. lands and 27 memorials here and in other to walk into the memorial without running There is a process for building a memo- countries. He said the commission took the into obstacles and closed areas,’’ he said. rial—any memorial—on Federal property, money for emergency repairs to the Korean ‘‘We are happy that all the parties have which has many steps and procedures. Cur- War Veterans memorial from a general fund worked together and everything will be rently there is some confusion as to whether that is to be reimbursed. ready for Memorial Day.’’∑ this process is being properly followed, be- The World War II Memorial, planned for f cause of an apparent rush for approval and the Rainbow Pool site on the Mall, is also a completion. The result could cause the con- commission project. EXPLANATION OF SELECTED struction of a memorial not befitting to Last week, Sen. John Glenn (D–Ohio), a VOTES TO THE TAXPAYER RE- those it portends to honor, and puts at peril Korean War hero and a sponsor of the memo- LIEF ACT OF 1997 the sacred space that is our National Mall. rial, sent a tersely worded letter to the com- Certainly you are aware of the situation mission, the Army Corps of Engineers as ∑ Mr. ABRAHAM. Mr. President, now concerning the Korean War Memorial (please general contractor and the National park that the Taxpayer Relief Act of 1997 July 16, 1997 CONGRESSIONAL RECORD — SENATE S7617 has passed the Senate, I wanted to take reduced tax credit. I disagree with this a point of order, a subsequent Nickles a few moments to discuss several of the approach, and supported the Gramm amendment to provide 100 percent de- more important votes that took place. amendment. The whole purpose of the ductibility by the year 2007 was adopt- The first of these was the Daschle $500 per child credit is to let families ed and will likely be made part of the amendment. This amendment con- keep more of what they earn so they bill sent to the President. I supported stituted a comprehensive substitute to can spend that money on their prior- that amendment as well, and look for- the Finance Committee plan, but I be- ities, not the Federal Governments. In ward to seeing this provision made law. lieve it failed to live up to the spirit of Michigan, thousands of families have A final effort which I supported was the budget agreement between congres- children who choose not to go to col- the McCain point of order against the sional leadership and the Clinton ad- lege. I do not believe they should be pe- creation of an intercity passenger rail ministration. nalized for making that choice. fund. My vote in support of Senator The Daschle substitute would have Senator JEFFORDS offered an amend- MCCAIN should not be interpreted as a provided only $68.5 billion in net tax ment to make the existing dependent vote against Amtrak. Instead, I op- cuts to the American people—not the care tax deduction refundable. I sup- posed this fund because it is designed $85 billion called for in the budget port making childcare available to to skirt the existing budget process agreement. An $85 billion tax cut rep- more parents, but I am concerned that and create a bias for Amtrak funding resented less than 1 percent of the the Jeffords amendment would create a and against other Federal programs, total tax burden over the next 5 years, bias against small, neighborhood child such as veterans’ programs, commu- yet the Daschle substitute would have care givers and towards large, accred- nity health centers, and other essential reduced that relief by almost 20 per- ited facilities. Specifically, the Jef- services. In my opinion, the proponents cent. The Daschle amendment reduced fords amendment would give families a of the Amtrak fund have failed to dem- the $500 per child tax credit to $350. It larger tax credit for sending their chil- onstrate why Amtrak funding should excluded millions of tax-paying fami- dren to an accredited facility than if be given a special place of prominence lies with teenage children from receiv- they chose a smaller, unaccredited among all other federal programs. Next ing any tax relief at all, including as caregiver. I believe this is a poorly year, the Federal Government will many as 50,000 families in Michigan. thought out provision which create an take in $1.7 trillion in tax revenues. If And it drastically reduced the capital unjustified intrusion by the Federal Amtrak funding is a priority, I am con- gains tax relief for seniors and small Government into the child care deci- fident that sufficient money can be businessmen. For these reasons, I op- sions of parents. Rather than allow found in the budget without resorting posed it. parents to make their own child care to tax increases.∑ There were several amendments tar- decisions free from a biased tax code, f geted at the Finance Committee’s $500 this amendment would have placed par- SENATOR TORRICELLI HONORS per child tax credit. The Kerry amend- ents in a position of losing part of their DEPARTING SWEDISH AMBAS- ment would have made the child tax tax credit just because they chose the SADOR credit refundable against FICA tax neighbor they know and trust, rather Mr. TORRICELLI. Mr. President, I payments. To pay for refundability, the ∑ than the stranger working at the large, rise today to acknowledge the monu- amendment would have reduced the in- accredited child care center. For that mental service and dedication of one of come levels at which the credit is reason, I opposed the amendment. Sweden’s finest Ambassadors ever to phased-out. Another amendment I opposed was have served in the United States, Mr. Mr. President, I support making the the Kennedy amendment to raise the Henrik Liljegren. After 41⁄2 years in family tax cuts in this legislation cigarette excise tax by an additional 23 Washington, Ambassador Liljegren is broader to include lower-income fami- cents. Senator KENNEDY’s intention being reassigned to Istanbul, Turkey, lies, but I oppose taking tax relief was to use the $12 billion raised by this and I want to take this opportunity to away from middle-class families to do tax to provide additional funding for express my admiration for, and grati- so. The Kerry amendment would have children’s health insurance. tude to, this skilled diplomat. eliminated the $500 credit for millions Mr. President, I support the underly- Ambassador Liljegren has spent his of middle-class families who pay al- ing bill’s provision to ensure that de- time in Washington carefully fostering most 40 percent of their income in serving children get adequate funding a new level of understanding between taxes while redirecting that relief to- to meet the health insurance chal- our two countries. The end of the cold wards families with no income tax bur- lenge. The Finance Committee bill, as war has created new perspectives for den and actually receive money from amended by the Senate, would spend Sweden’s foreign policy, and new op- the Federal Government. $24 billion over the next 5 years, or portunities for Sweden and the United A similar amendment, offered by about $1,600 per child to address this States to further their relationship. Senator LANDRIEU, would have per- issue. Senator KENNEDY’s amendment Ambassador Liljegren is well respected mitted families receiving payments would provide an additional $12 billion for his willingness to promote closer under the earned income credit to also over 5 years for health insurance cov- ties between the people of our two receive full $500 per child tax credits. erage. Mr. President, I believe it is in- great nations. Senator LANDRIEU would have offset cumbent upon Senator KENNEDY and His strategy for strengthening Unit- these new payments by reducing the al- other supporters of this higher level of ed States-Swedish ties has been multi- lowable family income from $110,000 to funding to demonstrate how these faceted and creative. For example, he $75,000. Once again, this amendment sums could be effectively spent to com- recently testified before the Senate would have taken relief away from tax- bat a problem that the Clinton admin- Banking, Housing, and Urban Affairs paying families. While I support giving istration has agreed could be solved Committee to help determine whether tax relief to families of all incomes, it with a lower funding level. In my opin- or not neutral countries had profited is not right to take tax relief away ion, Senator KENNEDY failed to make from their policies during the Second from families earning as little as that case, and for that reason I opposed World War. Ambassador Liljegren was $75,000 to make it possible. the Kennedy amendment. aware of the State Department’s An amendment which I supported One amendment which I supported Eizenstat Report, which was stern in was offered by Senator GRAMM to pro- was offered by Senator DURBIN to pro- its condemnation of neutral states dur- vide the full $500 per child tax credit to vide the self-employed with the ability ing this period, and was forthcoming in parents of children ages 13 to 17. Under to deduct 100 percent of their health in- explaining his country’s policies vis-a- the Finance bill, the full child credit surance costs. I believe the current pol- vis the Third Reich. His testimony was would only go to those parents who de- icy toward self-employed Americans is influential in drawing attention to the posit it into a qualified tuition savings unfair and discriminatory and I sup- systematic effort on the part of the plan for their children. For those par- ported the Durbin amendment in an ef- Swedish Foreign Ministry to assist the ents who are unable to afford such a fort to ensure that this issue was ad- Jews during World War II. plan, or whose children do not go to dressed by the conference committee. On behalf of my colleagues in the college, they would only qualify for a While the Durbin amendment failed on Senate and the entire Nation, I want to S7618 CONGRESSIONAL RECORD — SENATE July 16, 1997 again express our gratitude for Ambas- supporting the U.N. Programme, initi- had grown from a four-partner office in sador Liljegren’s service, and wish him ated an annual award named for Presi- a second-floor Corvallis office to an the best of luck as he continues his ca- dent Franklin Delano Roosevelt to international consulting firm employ- reer in Turkey.∑ honor nations that make significant ing 1,900 professionals in 20 U.S. offices TRIBUTE TO STEPHANIE A. FRANK AND ERICK N. progress toward meeting the United and two overseas locations. VIORRITTO, RECIPIENTS OF THE 1997 WHITE Nations goals. On September 15, 1996, His legacy, which is one of the Na- HOUSE PRESIDENTIAL SCHOLARS PROGRAM the first FDR International Disability tion’s largest employee owned compa- ∑ Mr. SMITH of New Hampshire. Mr. Award went to President Kim Young nies, has become a $1 billion a year President, I rise today to pay tribute Sam of South Korea. The award is a business which employs more than to Stephanie A. Frank of Dover, NH, bust of FDR and a $50,000 donation to a 7,000 employees in 120 worldwide loca- and Erick N. Viorritto of Manchester, Korean non-governmental disability tions. NH, on being selected as the Granite organization, and it recognizes South Mr. Cornell is the second CH2M HILL State winners of the 1997 White House Korea’s impressive strides in improving founder to pass away. Fred Merryfield, Presidential Scholars Program spon- the lives of its citizens with disabil- the Oregon State engineering professor sored by General Motors and Saturn. ities. South Korea has taken steps to who conceived the idea for the firm, Stephanie and Erick were chosen on legislate needed protections and to pro- died in 1977. The other founders are re- the basis of academic and artistic suc- vide physical and employment rehabili- tired, but remain active in CH2M HILL cess, leadership, and involvement in tation services. Buildings, education, affairs, in their communities and in their school and community. Each stu- and employment are being made acces- their personal lives. dent also selected the teacher who has sible to those with disabilities. Presi- Ralph R. Peterson, CH2M HILL’s had the most impact on his or her ac- dent Kim is also waging a public president and CEO, said, complishments. awareness campaign to involve more It was my personal pleasure to work with Stephanie and Erick, along with nondisabled South Koreans in the lives Holly from the time I joined the firm in 1965 their parents and honored teachers, of those with disabilities. until Holly’s retirement in 1980. Of course, he spent a week in Washington, and at- I commend South Korea for the excelled at whatever job he undertook, but tended the Presidential Scholar Medal- progress it is making. The 1996 award is what I remember most of Holly during those lion ceremony hosted by President times are the lasting relationships he forged a great honor for that country, and an with clients, on projects: clients and projects Clinton. Stephanie, a graduate of example for other nations. Already, like to Boeing 747 Assembly Plant in Ever- Dover High School in Dover, NH, President Kim has created a fellowship ett, Washington; and the Denver Water brought her teacher Mr. Christopher fund to provide assistance to 10 out- Board’s Foothills Water Treatment plant in Lawrence to accompany her on the standing Koreans with disabilities each Denver. These became landmark projects, trip, while Erick, a graduate of year, and other nations are following but what is truly impressive is that those Manchester’s West High School in South Korea’s leadership. clients are still valued CH2M HILL clients Manchester, NH, brought his teacher This international award is also a re- today. Mr. Gaston P. Normand, Jr., for the minder that there is still much more to Mr. Cornell was born in Boise, ID in festivities. do to ensure that persons with disabil- 1914 and earned a bachelor’s degree in Founded in 1964 by President Lyndon ities have the opportunity to become civil engineering from Oregon State B. Johnson, the White House Presi- independent and productive citizens College in 1939. He earned a master’s dential Scholars Program honors the and lead fulfilling lives. I commend the degree from Yale and worked for the Nation’s most accomplished students. World Committee on Disability for its Standard Oil Co. in California before This year, 141 high school seniors were leadership. I look forward to this year’s being called to active Army duty in chosen from among 2,600 eligible can- award and to continuing to make 1941. Mr. Cornell served with distinc- didates on the basis of academic and worldwide progress on this extremely tion in the Army Corps of Engineers in artistic success, leadership, and in- important issue.∑ Europe during World War II and re- volvement in their school and commu- f ceived the Bronze Star medal. He was nity. executive officer of an engineer group As a former high school teacher my- HOLLY A. CORNELL under Gen. George Patton that re- self, I commend Stephanie and Erick ∑ Mr. SMITH of Oregon. Mr. President, paired Germany’s famed Remagen for their hard work and outstanding I am saddened to note the passing of Bridge, enabling Allied forces to cross achievements. Congratulations to Holly A. Cornell of Charbonneau, one the Rhine. Stephanie and Erick on this distin- of Oregon’s leading citizens, who died Mr. Cornell was active in numerous guished honor. It is an honor to rep- at his home on July 1 after a long ill- professional societies including the resent these outstanding students in ness at the age of 83. A July 7 memo- American Consulting Engineers Coun- the U.S. Senate. ∑ rial service for Mr. Cornell was held at cil, the American Society of Civil Engi- f the LaSells Stewart Alumni Center on neers, the American Water Works As- the Oregon State University Campus in sociation, and the Professional Engi- IMPRESSIVE LEADERSHIP BY THE Corvallis. neers of Oregon. The latter society re- WORLD COMMITTEE ON DISABIL- Mr. Cornell, a founding partner and cently named him Oregon Engineer of ITY the ‘‘C’’ in what became Oregon’s own the Year. He also was active in a uni- ∑ Mr. KENNEDY. Mr. President, half a CH2M HILL, was the international en- versity fraternal organization, Phi billion people throughout the world gineering and environmental consult- Delta Theta, and several honorary soci- have disabilities, and 85 percent of ing firm’s first employee. He returned eties including Phi Kappa Phi and Tau them live in poverty. In many coun- to Corvallis after World War II to co- Beta Pi. tries, disability can be a barrier to the found the firm that was to become Cor- Mr. Cornell enjoyed golf and travel. many aspects of life that those of us nell, Howland Hayes & Merryfield His wife, Cleo, preceded him in death. without disabilities often take for [CH2M]. He managed numerous water, He is survived by a son, Stephen Cor- granted. It has been 15 years since the wastewater and industrial projects for nell, Seattle; a daughter, Cynthia United Nations World Programme of CH2M, and opened the firm’s Seattle Wildfong, Castle Rock, CO; and three Action Concerning Disabled Persons office. He also served as director of grandchildren.∑ was adopted to improve the lives of technology, president and chief execu- f citizens with disabilities in their na- tive officer and chairman of the board. tions. As a result, many countries are Among his many accomplishments CONGRATULATING THE SIOUX responding to the United Nations chal- were ushering CH2M HILL into the FALLS VA MEDICAL AND RE- lenge and doing more to help citizens computer age, and managing complex GIONAL OFFICE CENTER with disabilities live fuller and more projects such as the Milwaukee Metro- ∑ Mr. JOHNSON. Mr. President, I rise productive lives. politan Sewerage District’s pollution today to offer my congratulations to In 1996, the World Committee on Dis- abatement project. At the time of Mr. Director R. Vincent Crawford and his ability, an organization dedicated to Cornell’s 1980 retirement, CH2M HILL staff at the VA Medical and Regional July 16, 1997 CONGRESSIONAL RECORD — SENATE S7619 Office Center [VAMROC] in Sioux Falls in his lifelong work to help those less Bosnian refugees could have returned on receiving the Disabled American fortunate than himself. to their homes and Bosnia could have Veterans’ 1997 Large Employer of the Always young in spirit and energy, I resumed normal life—if the leaders of Year Award. This award is a testament commend Bob for his generosity and the Bosnian factions had permitted it. to VAMROC’s continuing efforts to service with a special birthday wish Unfortunately, these leaders retain of- hire disabled veterans, and I am hon- that my friend continues to enrich his fice and retain their access to public ored that VAMROC’s work was recog- community for years to come.∑ money through policies of ethnic divi- nized by DAV. f sion and hostility, not policies of rec- This national award is presented an- onciliation. Consequently there has nually by the DAV to a business with ENLARGEMENT OF THE EUROPEAN been little progress in achieving the more than 200 employees who asser- UNION political goals of the Dayton accords. tively hire disabled veterans. The cen- ∑ Mr. BIDEN. Mr. President, I wish to The restoration of Bosnia’s economic ter’s Vocational Rehabilitation and congratulate the European Union for infrastructure is similarly hobbled, Counseling Division provides veterans its decision yesterday to begin mem- partly because some of the factional with valuable work experience and bership talks with six countries, five of leaders prefer the graft inherent in training positions, which opens up new them in Central and Eastern Europe. government monopolies to the prosper- employment opportunities within Mr. President, as anyone who has fol- ity that comes from open competition. South Dakota’s VA medical centers, lowed my numerous statements on Another reason is the weakness of the and with the private sector. The per NATO enlargement knows, I have fre- civil component of the international capita rate of veterans placed in em- quently criticized the European Union effort to implement Dayton. The dip- ployment by the VAMROC’s Voca- for not moving speedily enough toward lomats from European Union and tional Rehabilitation and Counseling its own stated goal of enlargement. NATO countries who are charged with Division leads the Veterans Benefits The EU’s announcement that it will civil implementation have been doing Administration Regional Offices in this begin talks early next year with Cy- their best, but they lack the authority, category. prus, the Czech Republic, Estonia, Hun- the resources, and the planning ability The VAMROC works in conjunction gary, Poland, and Slovenia is welcome which characterize their NATO mili- with the local union representing its for several reasons. tary counterparts. The international employees to ensure that disabled vet- First of all, it recognizes that these response to Bosnia is somewhat like a erans will receive consideration for job are the countries that have already human body which is strong and vi- openings at VAMROC. Recent veterans made the most progress in meeting the brant on one side, the military side, employment statistics show that of EU’s demanding economic and political and weak and withered on the other, VAMROC’s 704 employees, 219 were vet- qualifications. Five other prospective civilian, side. This imbalance threatens erans for a 31-percent employment candidates—Bulgaria, Latvia, Lithua- the success of our military deployment rate. Of these 219 veterans, 60 were dis- nia, Romania, and Slovakia—now real- because the civil tasks are the tasks abled veterans and 163 were Vietnam ize that they have more work to do. which will bring lasting peace to era veterans. Second, the naming of five Central Bosnia. The economic infrastructure Mr. President, I always have felt that and East European countries for the must be restored. Local sectarian bar- veterans in South Dakota are ex- next round of EU enlargement in itself riers must fall and people and trade tremely fortunate to have such high will add to the emerging European se- must move freely throughout the coun- quality facilities, doctors, staff, and curity architecture, along with the try and across its borders. The rule of administrators at our VA hospitals other web of ties connected with EU law must replace the rule of local that provide care second to none. membership. bosses and the police must become im- VAMROC certainly exemplifies this Third, the naming of Cyprus to the partial instruments of the law. Foreign commitment to our veterans. Our vet- list of prime candidates for EU mem- investment, integration with Europe, erans made a commitment to their Na- bership should help to move the parties and the eventual prosperity which is tion, trusting that when they needed on that island to a final, equitable so- needed to undergird peace will not help, the Nation would honor that com- lution that eliminates the division of occur unless these civil tasks are ac- mitment. VAMROC’s leadership and the country, which has persisted for complished. Because these tasks are so dedication is an example of how our twenty-three years. essential to a successful outcome in Nation can best serve the needs of our I do not underestimate the complex- Bosnia, our soldiers there will some veterans. Again, I congratulate Direc- ity of accession negotiations as the Eu- day be measuring the value of their tor Crawford and his staff at VAMROC ropean Union concurrently moves to- Bosnia service medals based on how on receiving this award of accomplish- ward ‘‘an ever closer union.’’ Nonethe- well the civilian component of the ef- ment, and I thank them for their con- less, I hope that the talks with the six fort did its job. tinued service to South Dakota’s veter- prime candidates will move speedily so A precondition for democracy in any ans.∑ that they can join the European Union country is justice: the ability for any f before the end of this century. citizen to get justice from his or her in- Again, I congratulate the European stitutions, and the ability of those in- RECOGNITION OF CHARLES Union on the step it has taken.∑ stitutions to provide justice when ROBERT ‘‘BOB’’ LOCK f crimes are committed. This pre- ∑ Mr. BOND. Mr. President, today I condition is lacking in Bosnia. Fur- stand before you to recognize a truly SITUATION IN BOSNIA thermore, the very concept of justice is unique individual and personal friend ∑ Mr. KERREY. Mr. President, I rise to daily mocked by the presence in Bosnia on his 70th birthday. Robert ‘‘Bob’’ comment on the present situation in of individuals who have been indicted Lock, born on July 22, 1927, in Mar- Bosnia, the small Balkan country for war crimes by the Hague Tribunal. shall, MO, has lived most of his life in which is the scene of a military com- Until these individuals are tried by the Carrollton, MO. Bob has shown the mitment involving thousands of Amer- Tribunal, until the people of Bosnia see kind of lifelong devotion to his State ican military personnel, a significant that the world takes seriously what and country that make it an honor to slice of our military forces, and the lo- happened to them and is committed to commend him for his many years of gistics and intelligence which support doing justice, the Bosnians of all eth- civic contributions. them. nic groups have no reason to hope for a After joining the Navy and serving Our military led the way into Bosnia better future. If the crimes that oc- his country in World War II, Bob found- as the NATO alliance took on the role curred during the Bosnian civil war are ed Lock Steel Building Co. in 1947, and of overseeing the security aspects of not publicly brought to closure, if the is still active in the industry today. He the Dayton accords. Our soldiers and criminals can just wait out the world’s has been an active board member of other NATO forces have prevented a re- outrage, then there is no reason for the several businesses and philanthropies currence of war and they have provided average Bosnian to have any hope in a throughout the years and takes pride a security umbrella beneath which democratic future. S7620 CONGRESSIONAL RECORD — SENATE July 16, 1997 Mr. President, it is because justice Soviet Union with an unfounded and ir- try to address each one. My vote to- for war crimes is so important that I responsible fear of anything that comes morrow in favor of this sense-of-the- am particularly pleased at recent news from beyond their borders, they will be Senate resolution will be an expression reports that NATO is now acting to taking a most serious downward turn of these concerns. However, I believe capture persons in Bosnia who have in the culture and future of their Re- there are far more effective ways to been indicted for war crimes. The re- public. demonstrate our commitment to these cent raid conducted by British troops So in that, Mr. President, I cast my issues than just the sense of the Senate to capture a suspected war criminal vote in favor of the Smith amendment before us. I suggest if we truly want to who was subsequently transported to hoping to send that message to the address all these issues constructively, the Hague should give hope to ordinary people of Russia. we should bring before the Senate leg- Bosnians that justice will be done and I yield the floor. islation that is targeted for its clear armed thugs will not continue to domi- Mr. DEWINE addressed the Chair. solutions. nate their local affairs. I applaud the The PRESIDING OFFICER. The Sen- For example, the Senate recently bravery of the British troops in this ator from Ohio. passed legislation offered by my col- raid and I urge additional raids by the f league who just spoke a moment ago, NATO forces in Bosnia to accomplish MFN STATUS WITH CHINA the distinguished Senator from Utah, this essential and unfinished part of Mr. BENNETT, which calls on our Presi- our collective duty.∑ Mr. DEWINE. Mr. President, tomor- dent to enforce our Nation’s non- f row we will be voting on Senator proliferation laws against China for its HUTCHINSON’s amendment with regard efforts to supply Iran with cruise mis- RELIGIOUS LIBERTY IN RUSSIA to most-favored-nation status with siles. I was a cosponsor of this legisla- Mr. BENNETT. Mr. President, I China. tion, which, by the way, passed the would like to make a very brief state- I intend tomorrow to vote for the Senate unanimously. ment about an action taken earlier amendment offered by my friend from We can do more. We could and we this day when I was unable to com- Arkansas, Senator HUTCHINSON. I would should bring before the Senate the leg- ment—the adoption of the Smith like to emphasize, however, first and islation that was introduced by my col- amendment as it had to do with reli- foremost, that this is a sense-of-the- league from Pennsylvania, Senator gious liberty in Russia. Senate resolution. It is not binding. It SPECTER, legislation which would im- I know everyone talked about the im- does not in any way alter or reverse pose penalties on countries guilty of portance of religious freedom and inde- the President’s decision to extend supporting or tolerating religious per- pendent religious liberty, and how im- most-favored-nation trading status secution, and I am a proud cosponsor of portant it is for that value to be estab- with China. As we all know, the House this bill. lished in Russia. And I do not want to of Representatives already has voted We should bring before the Senate repeat those arguments. There is just against a resolution revoking China’s the legislation introduced by the Sen- one point I think that needs to be made MFN status. ator from Michigan, Mr. ABRAHAM, here. So, Mr. President, this amendment is which would impose targeted sanctions The psychologists have a term ‘‘xeno- more a chance to make a statement— against China in cases of religious per- phobia’’ which they use to describe frankly, for me, a chance to express my secution and against Chinese compa- those who have a fear of strangers, or a frustration with certain activities nies for illegal weapons transfers into fear of anything foreign. As we look at taken by the Chinese Government. the United States. the long and troubled history of Rus- Let there be no misunderstanding. I This bill would also increase United sia, and then the Soviet Union, we see believe that China needs to reassess its States support for human rights and that one of the driving forces in that actions in a number of areas because I democracy-building initiatives in culture has been xenophobia—terrible believe Congress—certainly this Sen- China, including Radio Free Asia and fear under the czars of any kind of ator—is losing patience. the National Endowment for Democ- Western influence somehow creeping Let me be a bit more specific. I am racy. I am proud to be an original co- into Russia; terrible fear under the very concerned first about China’s sponsor of this legislation as well. commissars, or Communist dictators weapons proliferation activities par- If we truly want to take strong, con- from Lenin and Stalin all the way ticularly in the Middle East. In the structive action in regard to China, the down through Khrushchev and Brezh- past 2 years, it has been reported in the options are clearly before us. The nev of anything that they considered media that China has supplied Paki- sense-of-the-Senate resolution before to be foreign. It was one of the major stan with key components to develop us is not the best way to address all of problems of the Soviet Union and one its own nuclear weapons program as the issues of concern we have with of the major difficulties that they had well as ballistic missiles to deliver China, but it is, I believe, helpful to in becoming an accepted part of the such weapons. China also has been the send a signal to the Government of world family of nations. source for Iran’s growing cruise missile China that the people of the United We all rejoiced when the Berlin wall capability, which poses a clear threat States are genuinely concerned about came down, when in the spirit of to our military personnel and commer- the direction China has taken in a glasnost—or openness—Mr. Gorbachev cial shippers in the Persian Gulf. number of areas. Again, it is just a sig- led the Soviet Union into an atmos- Further, I am concerned about Chi- nal. But we should use the opportunity phere of much less xenophobia. nese state-owned companies knowingly to make this signal strong and very The thing that distresses me the supplying assault weapons to criminal clear. most is the piece of legislation that gangs in California. Representatives of I believe, as I have stated, that we passed the Russian Parliament, and these companies were arrested in a can do much more, more that is con- that is now sitting on President sting operation just last year and are structive and more that I believe can Yeltsin’s desk, is that it is a clear re- now awaiting trial in California. I am make a real and positive difference for turn to the days of xenophobia—fear of very concerned about repeated human the people of China. I hope in the anything from outside. rights violations throughout China as weeks and months ahead we will take Yes. Religious liberty is important. well as religious persecution and reli- these actions. Yes. I voted for the Smith amendment gious repression. f to establish the importance of religious I am very concerned about the hid- liberty. But I voted for the Smith eous practices of forced abortions and ORDERS FOR THURSDAY, JULY 17, amendment even more firmly because I sterilization in China. I am concerned 1997 believe the Russian people must be told about the possible reversal of various Mr. DEWINE. Mr. President, now on in as firm a fashion as possible that if political liberties such as free speech behalf of the majority leader, I ask they returned to the days of the dark- and assembly in Hong Kong. unanimous consent that when the Sen- est period of the czars, if they returned These are all very serious issues, and ate completes its business today, it to the days of the darkest period of the I believe that we need to take action to stand in adjournment until the hour of July 16, 1997 CONGRESSIONAL RECORD — SENATE S7621 9:30 a.m. on Thursday, July 17. I fur- following the debate time on the re- sent the Senate stand in adjournment ther ask that on Thursday, imme- maining two amendments to S. 955, the under the previous order. diately following the prayer, the rou- Senate will begin voting on those There being no objection, the Senate, tine requests through the morning amendments as well as final passage. hour be granted and the Senate then Therefore, Senators can expect three at 8:21 p.m., adjourned until Thursday, immediately resume consideration of consecutive rollcall votes beginning at July 17, 1997, at 9:30 a.m. S. 955, the foreign operations appro- approximately 10 a.m. tomorrow morn- priations bill. ing. It is the intention of the majority f The PRESIDING OFFICER. Without leader that the Senate begin consider- objection, it is so ordered. ation of the treasury, postal appropria- NOMINATIONS f tions bill following the disposition of the foreign operations appropriations Executive nominations received by PROGRAM bill. the Senate July 16,1997: Mr. DEWINE. Mr. President, also on f behalf of the majority leader, I would THE JUDICIARY like to make the following announce- ADJOURNMENT UNTIL 9:30 A.M. RICHARD CONWAY CASEY, OF NEW YORK, TO BE U.S. TOMORROW DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW ment for Members of the Senate. To- YORK VICE CHARLES S. HAIGHT, JR., RETIRED. morrow the Senate will resume consid- Mr. DEWINE. Mr. President, if there RONALD LEE GILMAN, OF TENNESSEE, TO BE U.S. CIR- eration of S. 955, the foreign operations is no further business to come before CUIT JUDGE FOR THE SIXTH CIRCUIT, VICE H. TED MILBURN, RETIRED. appropriations bill. Under the order, the Senate, I now ask unanimous con-