H 5502 CONGRESSIONAL RECORD — HOUSE May 24, 1995 b 1223 LaHood Norwood Smith (MI) Wilson Wyden Zimmer Largent Nussle Smith (NJ) Wise Wynn ANNOUNCEMENT BY THE CHAIRMAN Latham Oberstar Smith (TX) Woolsey Yates The CHAIRMAN. The Chair advises LaTourette Obey Smith (WA) Laughlin Ortiz Solomon NOT VOTING—13 Members that there has been a problem Lewis (CA) Orton Souder Calvert Johnston Meyers with one of the voting machines, so the Lewis (KY) Oxley Spence Cubin Kleczka Peterson (FL) Members are asked to please confirm Lightfoot Packard Stearns Fazio Klink Rogers their vote with the screen and in the Linder Parker Stenholm Franks (NJ) McDade Lipinski Paxon Stockman Hansen McDermott voting machine. Livingston Peterson (MN) Stump LoBiondo Petri Stupak b 1235 b 1225 Longley Pombo Talent The Clerk announced the following Lucas Portman Tanner Messrs. MOORHEAD, DORNAN, and Manton Poshard Tate pairs: BUYER changed their vote from ‘‘aye’’ Manzullo Quillen Tauzin On this vote: to ‘‘no.’’ Mascara Quinn Taylor (MS) Mr. Calvert for, with Mr. Johnston of Flor- Messrs. SABO, CLAYBURN, and McCollum Radanovich Taylor (NC) ida against. McCrery Rahall Tejeda DAVIS changed their vote from ‘‘no’’ McHugh Regula Thornberry Mrs. Cubin for, with Mr. McDermott to ‘‘aye.’’ McInnis Riggs Thornton against. So the amendment to the amendment McIntosh Roberts Tiahrt Mr. DAVIS and Mr. THOMAS McKeon Roemer Tucker changed their vote from ‘‘aye’’ to ‘‘no.’’ was rejected. McNulty Rohrabacher Volkmer The result of the vote was announced Metcalf Ros-Lehtinen Vucanovich So the amendment was agreed to. as above recorded. Mica Roth Waldholtz The result of the vote was announced Miller (FL) Royce Walker as above recorded. f Moakley Salmon Walsh Molinari Sanford Wamp f PERSONAL EXPLANATION Mollohan Saxton Watts (OK) Montgomery Scarborough Weldon (FL) PERSONAL EXPLANATION Mr. ROGERS. Mr. Chairman, on roll- Moorhead Schaefer Weldon (PA) Mr. ROGERS. Mr. Chairman, on roll- call No. 349, I was unavoidably de- Murtha Seastrand Weller tained. Had I been present, I would Myers Sensenbrenner Whitfield call No. 350, I was unavoidably de- have voted ‘‘no.’’ Myrick Shadegg Wicker tained. Had I been present, I would Neal Shaw Wolf have voted ‘‘aye.’’ The CHAIRMAN. The question is on Nethercutt Shuster Young (AK) The CHAIRMAN. The Committee will the amendment offered by the gen- Neumann Skeen Young (FL) rise informally in order that the House tleman from New Jersey [Mr. SMITH]. Ney Skelton Zeliff may receive a message. The question was taken; and the NOES—181 Chairman announced that the ayes ap- f Abercrombie Furse Moran peared to have it. Ackerman Gejdenson Morella MESSAGE FROM THE PRESIDENT RECORDED VOTE Andrews Gephardt Nadler Baesler Gibbons Olver The SPEAKER pro tempore (Mr. Mr. SMITH of New Jersey. Mr. Chair- Baldacci Gilchrest Owens LAHOOD) assumed the Chair. man, I demand a recorded vote. Barrett (WI) Gilman Pallone The SPEAKER pro tempore. The A recorded vote was ordered. Bass Gonzalez Pastor Chair will receive a message. The CHAIRMAN. This is a 5-minute Becerra Gordon Payne (NJ) Beilenson Green Payne (VA) f vote. Bentsen Greenwood Pelosi The vote was taken by electronic de- Berman Gunderson Pickett MESSAGE FROM THE PRESIDENT vice, and there were—ayes 240, noes 181, Bilbray Gutierrez Pomeroy Bishop Hamilton Porter A message in writing from the Presi- not voting 13, as follows: Boehlert Harman Pryce dent of the United States was commu- [Roll No. 350] Boucher Hastings (FL) Ramstad nicated to the House by Mr. Edwin Brown (CA) Hefner Rangel AYES—240 Brown (FL) Hilliard Reed Thomas, one of his secretaries. Allard Clinger Ganske Brown (OH) Hinchey Reynolds The SPEAKER pro tempore. The Archer Coble Gekas Bryant (TX) Hobson Richardson Committee will resume its sitting. Armey Coburn Geren Cardin Horn Rivers Bachus Collins (GA) Gillmor Castle Houghton Rose f Baker (CA) Combest Goodlatte Chapman Hoyer Roukema Baker (LA) Condit Goodling Clay Jackson-Lee Roybal-Allard AMERICAN OVERSEAS INTERESTS Ballenger Cooley Goss Clayton Jefferson Rush ACT OF 1995 Barcia Costello Graham Clyburn Johnson (CT) Sabo Barr Cox Gutknecht Coleman Johnson (SD) Sanders The CHAIRMAN. Are there further Barrett (NE) Cramer Hall (OH) Collins (IL) Johnson, E.B. Sawyer amendments? Bartlett Crane Hall (TX) Collins (MI) Kelly Schiff AMENDMENT OFFERED BY MS. MC KINNEY Barton Crapo Hancock Conyers Kennedy (MA) Schroeder Bateman Cremeans Hastert Coyne Kennedy (RI) Schumer Ms. MCKINNEY. Mr. Chairman, I Bereuter Cunningham Hastings (WA) Davis Kennelly Scott offer an amendment. Bevill Danner Hayes DeFazio Klug Serrano The Clerk read as follows: Bilirakis de la Garza Hayworth DeLauro Kolbe Shays Amendment numbered 16 offered by Ms. Bliley Deal Hefley Dellums Lantos Sisisky Blute DeLay Heineman Deutsch Lazio Skaggs MCKINNEY: After chapter 5 of title XXXI of Boehner Diaz-Balart Herger Dicks Leach Slaughter the bill, insert the following new chapter Bonilla Dickey Hilleary Dingell Levin Spratt (and redesignate the subsequent chapter ac- Bonior Doolittle Hoekstra Dixon Lewis (GA) Stark cordingly and make other appropriate con- Bono Dornan Hoke Doggett Lincoln Stokes forming amendments): Borski Doyle Holden Dooley Lofgren Studds Brewster Dreier Hostettler Durbin Lowey Thomas CHAPTER 6—ARMS TRANSFERS CODE OF Browder Duncan Hunter Edwards Luther Thompson CONDUCT Brownback Dunn Hutchinson Ehrlich Maloney Thurman SEC. 3174. SHORT TITLE. Bryant (TN) Ehlers Hyde Engel Markey Torkildsen This chapter may be cited as the ‘‘Code of Bunn Emerson Inglis Eshoo Martinez Torres Conduct on Arms Transfer Act of 1995’’. Bunning English Istook Evans Martini Torricelli Burr Ensign Jacobs Farr Matsui Towns SEC. 3175. FINDINGS. Burton Everett Johnson, Sam Fattah McCarthy Traficant The Congress finds the following: Buyer Ewing Jones Fawell McHale Upton (1) Approximately 40,000,000 people, over 75 Callahan Fields (TX) Kanjorski Fields (LA) McKinney Velazquez percent civilians, died as a result of civil and Camp Flanagan Kaptur Filner Meehan Vento international wars fought with conventional Canady Foley Kasich Flake Meek Visclosky weapons during the 45 years of the cold war, Chabot Forbes Kildee Foglietta Menendez Ward demonstrating that conventional weapons Chambliss Fowler Kim Ford Mfume Waters Chenoweth Fox King Frank (MA) Miller (CA) Watt (NC) can in fact be weapons of mass destruction. Christensen Frisa Kingston Franks (CT) Mineta Waxman (2) Conflict has actually increased in the Chrysler Funderburk Knollenberg Frelinghuysen Minge White post cold war era, with 34 major wars in Clement Gallegly LaFalce Frost Mink Williams progress during 1993. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5503 (3) War is both a human tragedy and an on- SEC. 3176. PURPOSE. respect to a foreign government for a fiscal going economic disaster affecting the entire The purpose of this chapter is to provide year if— world, including the United States and its clear policy guidelines and congressional re- (1)(A) the President submits a request for economy, because it decimates both local in- sponsibility for determining the eligibility of an exemption to the Congress containing a vestment and potential export markets. foreign governments to be considered for determination that it is in the national secu- (4) International trade in conventional United States military assistance and arms rity interest of the united States to provide weapons increases the risk and impact of war transfers. military assistance and arms transfer to in an already over-militarized world, creat- SEC. 3177. PROHIBITION OF UNITED STATES MILI- such government; and ing far more costs than benefits for the Unit- TARY ASSISTANCE AND ARMS (B) the Congress enacts a law approving ed States economy through increased United TRANSFERS TO CERTAIN FOREIGN such exemption request (including a law con- States defense and foreign assistance spend- GOVERNMENTS. taining an approval of such a request); or ing and reduced demand for United States ci- (a) PROHIBITION.—Except as provided in (2) the President determines that an emer- vilian exports. subsections (b) and (c), beginning on and gency exists under which it is vital to the in- (5) The newly established United Nations after October 1, 1996, United States military terest of the United States to provide mili- Register of Conventional Arms can be an ef- assistance and arms transfers may not be tary assistance and arms transfer to such fective first step in support of limitations on provided to a foreign government for a fiscal government. the supply of conventional weapons to devel- year unless the President certifies to the (d) NOTIFICATIONS TO CONGRESS.— (1) IN GENERAL.—The President shall sub- oping countries and compliance with its re- Congress for that fiscal year that such gov- mit to the Congress initial certifications porting requirements by a foreign govern- ernment meets the following requirements; under subsection (a) and requests for exemp- ment can be an integral tool in determining (1) PROMOTES DEMOCRACY,—Such govern- tions under subsection (c)(1) in conjunction the worthiness of such government for the ment— with the submission of the annual request receipt of United States military assistance (A) was chosen by and permits free and fair for enactment of authorizations and appro- and arms transfers. elections; priations for foreign assistance programs for (6) It is in the national security and eco- (B) promotes civilian control of the mili- a fiscal year and shall, where appropriate, nomic interests of the United States to re- tary and security forces and has civilian in- submit additional or amended certifications duce dramatically the $1,038,000,000,000 that stitutions controlling the policy, operation, and requests for exemptions at any time all countries spend on armed forces every and spending of all new enforcement and se- thereafter in the fiscal year. year, $242,000,000,000 of which is spent by de- curity institutions, as well as the armed (2) DETERMINATION WITH RESPECT TO EMER- veloping countries, an amount equivalent to forces; (C) promotes the rule of law, equality be- GENCY SITUATIONS.—The President shall sub- 4 times the total bilateral and multilateral mit to the Congress at the earliest possible foreign assistance such countries receive fore the law, and respect for individual and minority rights, including freedom to speak, date reports containing determinations with every year. respect to emergencies under subsection (7) According to the Congressional Re- publish, associate, and organize; and (D) promotes the strengthening of politi- (c)(2). Each such report shall contain a de- search Service, the Untied States supplies scription of— more conventional weapons to developing cal, legislative, and civil institutions of de- mocracy, as well as autonomous institutions (A) the nature of the emergency; countries than all other countries combined, (B) the type of military assistance and to monitor the conduct of public officials averaging $14,956,000,000 a year in agreements arms transfers provided to the foreign gov- and to combat corruption. to supply such weapons to developing coun- ernment; and (2) RESPECTS HUMAN RIGHTS.—Such govern- tries since the end of the cold war, compared (C) the cost to the United States of such to $7,300,000,000 a year in such agreements ment— (A) does not engage in gross violations of assistance and arms transfers. prior to the dissolution of the Soviet Union. internationally recognized human rights, in- SEC. 3178. SENSE OF THE CONGRESS. (8) In recent years the vast majority of It is the sense of the Congress that the United States arms transfers to developing cluding— (i) extra judicial or arbitrary executions; Committee on International Relations of the countries are to countries with an undemo- (ii) disappearances; House of Representatives and the Committee cratic form of government whose citizens, (iii) torture or severe mistreatment; on Foreign Relations of the Senate should according to the Department of State Coun- (iv) prolonged arbitrary imprisonment; hold hearings on— try Reports on Human Rights Practices do (v) systematic official discrimination on (1) controversial certifications submitted not have the ability to peaceably change the basis of race, ethnicity, religion, gender, under section 3177(a). their form of government. national origin, or political affiliation; and (2) all requests for exemptions submitted (9) Although a goal of United States for- (vi) grave breaches of international laws of under section 3177(c)(1); and eign policy should be to work with foreign war or equivalent violations of the laws of (3) all determinations with respect to governments and international organizations war in internal conflicts; emergencies under section 3177(c)(2). to reduce militarization and dictatorship and (B) vigorously investigates, disciplines, SEC. 3179. UNITED STATES MILITARY ASSIST- therefore prevent conflicts before they arise, and prosecutes those responsible for gross ANCE AND ARMS TRANSFERS DE- during 4 recent deployments of United States violations of internationally recognized FINED. Armed Forces—to the Republic of Panama, human rights; For purposes of this chapter, the terms the Persian Gulf, Somalia, and Haiti—such (C) permits access on a regular basis to po- ‘‘United States military assistance and arms Armed Forces faced conventional weapons litical prisoners by international humani- transfers’’ and ‘‘military assistance and that had been provided or financed by the tarian organizations such as the Inter- arms transfers’’ means— (1) assistance under chapter 2 of part II of United States to undemocratic governments. national Committee of the Red Cross; (10) The proliferation of conventional arms (D) promotes the independence of the judi- the Foreign Assistance Act of 1961 (relating and conflicts around the globe are multilat- ciary and other official bodies that oversee to military assistance), including the trans- eral problems, and the fact that the United the protection of human rights; fer of excess defense articles under section States has emerged as the world’s primary (E) does not impede the free functioning of 516 of that Act; (2) assistance under chapter 5 of part II of seller of conventional weapons, combined domestic and international human rights or- the Foreign Assistance Act of 1961 (relating with the world leadership role of the United ganizations; and States, signifies that the United States is in (F) provides access on a regular basis to to international military education and a position to seek multilateral restraints on humanitarian organizations in situations of training); or (3) the transfer of defense articles, defense the competition for the transfers of conven- conflict or famine. services, or design and construction services tional weapons. (3) NOT ENGAGED IN CERTAIN ACTS OF ARMED under the Arms Export Control Act (exclud- (11) The Congress has the constitutional AGGRESSION.—Such government is not cur- responsibility to participate with the execu- rently engaged in the acts of armed aggres- ing any transfer or other assistance under tive branch in decisions to provide military sion in violation of international law. section 23 of such Act), including defense ar- assistance and arms transfers to a foreign (4) FULL PARTICIPATION IN U.N. REGISTER OF ticles and defense services licensed or ap- government, and in the formulation of a pol- CONVENTIONAL ARMS.—Such government is proved for export under section 38 of that icy designed to reduce dramatically the level fully participating in the United Nations Act. of international militarization. Register of Conventional Arms. Ms. MCKINNEY (during the reading). (12) A decision to provide military assist- (b) REQUIREMENT FOR CONTINUING COMPLI- Mr. Chairman, I ask unanimous con- ance and arms transfers to a government ANCE.—Any certification with respect to a sent that the amendment be considered that is undemocratic, does not adequately foreign government for a fiscal year under as read and printed in the RECORD. protect human rights, is currently engaged subsection (a) shall cease to be effective for The CHAIRMAN. Is there objection in acts of armed aggression, or is not fully that fiscal year if the President certifies to to the request of the gentlewoman participating in the United Nations Register the Congress that such government has not of Conventional Arms, should require a high- continued to comply with the requirements from Georgia? er level of scrutiny than does a decision to contained in paragraphs (1) through (4) of There was no objection. provide such assistance and arms transfers such subsection. (Ms. MCKINNEY asked and was given to a government to which these conditions (c) EXEMPTIONS.—The prohibition con- permission to revise and extend her re- do not apply. tained in subsection (a) shall not apply with marks.) H 5504 CONGRESSIONAL RECORD — HOUSE May 24, 1995

Ms. MCKINNEY. Mr. Chairman, waiver for countries not meeting the uncritical assistance to allies engaged in today, I will offer the Code of Conduct code’s standards, or in cases where ethnic or territorial disputes, as does the amendment to H.R. 1561. My amend- vital U.S. interests are in jeopardy, use employment of U.S.-supplied equipment on ment seeks to give Congress—for the an emergency authority. both sides of the 1995 Peru-Ecuador border war. first time in two decades—a role in The code is endorsed by 275 organiza- Since the end of the Cold War, the continu- U.S. arms export policy. tions from Amnesty International to ing U.S. policy of promoting weapons exports As the law is currently written, Mr. the YWCA and is supported by the Eu- as a key element of U.S. security strategy Chairman, it is nearly impossible for ropean Parliament. Arms sales to un- and economic policy has accelerated the in- Congress to stop an arms sale. Not stable governments must end, and the cidence of the ‘‘boomerang effect’’: the since 1986 has a floor vote been taken Code of Conduct will be the first step in transfer of U.S. weaponry to forces that end on an arms sale, nor has a sale pro- that direction. up doing battle against U.S. troops. The last posed by the administration formally There are 102 Members of Congress four times the United States sent troops into been disapproved by Congress. who support the guiding principles of combat in significant numbers—in Panama, Iraq, Somalia, and Haiti—they faced adver- In addition to the lack of congres- the code—democracy, respect for saries that had received U.S.-origin arms, sional oversight in arms sales, the eco- human rights, and nonaggression. I training, or military production technology nomic cost to the American taxpayer is urge all of you to cast your vote in in the period leading up to the conflict. This more than $7 billion a year just to sup- favor of the Code of Conduct. Let’s en- is a clear sign that something is awry in U.S. port the arms export bureaucracy. sure that America’s leadership is posi- arms transfer decision making processes. U.S. weapons are being used in 90 per- tively reflected in our arms export pol- Last but not least, covert U.S. arms sales cent of today’s most significant re- icy. Vote for the Code of Conduct. have come back to haunt U.S. citizens by in- advertently strengthening terrorist organi- gional and ethnic conflicts. The weap- [From World Policy Institute, May 1995] ons and technology that devastated the zations. Two of the men convicted in the 1993 U.S. WEAPONS AT WAR: U.S. ARMS World Trade Center bombing received weap- Iraqi Army only a few years ago, are DELIVERIES TO REGIONS OF CONFLICT ons training in Afghanistan under the direc- now available to nations that are un- (By William D. Hartung) tion of fundamentalist Islamic forces that democratic, violate human rights, and EXECUTIVE SUMMARY were armed and trained by the CIA. The sus- are governed by dictators. From Richard Nixon to Bill Clinton, it has pects in the recent murders of several U.S. In 1993, the U.S. Government cor- been an article of faith for executive branch embassy employees in Karachi, Pakistan are nered a colossal 70 percent of the global policy makers that U.S. weapons exports are also suspected of having ties to the CIA’s Af- arms sales market, and in 1994 U.S. for- only made to responsible allies who use these ghan arms pipeline. David Whipple, the eign military arms sales were a whop- systems for legitimate defense purpose. This former head of counterterrorism at the CIA, has indicated that these are not isolated ping $12.9 billion. report puts that thesis to the test by docu- menting U.S. weapons deliveries to 50 cur- cases: ‘‘some of the people who are actual or America’s arms sales have sky- potential terrorists in this country are rocketed since the end of the cold war. rent ethnic and territorial conflicts. Contrary to the conventional wisdom in former guerrilla fighters in Afghanistan.’’ As this first chart shows, Mr. Chair- Washington, official U.S. government data And an Algerian official has described the man, U.S. arms transfers from 1990 to on arms transfers provides overwhelming cir- existence of a ‘‘floating army’’ of Islamic 1993 averaged $21.7 billion a year, cumstantial evidence that U.S.-supplied fundamentalist fighters who were trained whereas, from 1986 to 1989, arms trans- weaponry is at the center of many of today’s with CIA assistance in Afghanistan and are fers only averaged $10.6 billion. It is most dangerous and intractable conflicts: now engaged in organized attempt to over- throw the governments of Algeria, Egypt, amazing and shameful that as America In the past ten years, parties to 45 current conflicts have taken delivery of over $42 bil- and Saudi Arabia, among others. solidifies its post-cold war leadership As President Clinton tries to mobilize and encourages global democracy, the lion worth of U.S. weaponry; Of the significant ethnic and territorial world public opinion against Iran, in part for U.S. Government sold $83.1 billion in conflicts going on during 1993–94, 90% (45 out its alleged role in supporting terrorism in foreign military sales to dictators with of 50) of them involved one or more parties the Middle East, it would behoove him to get no congressional review. that had received some U.S. weaponry or his own house in order by clamping down on Despite this enormous dominance of military technology in the period leading up the CIA’s covert weapons trafficking oper- the international arms market and the to the conflict; ations, which all too often end up hurting in- ‘‘Boomerang Effect’’ against U.S. In more than half of current conflicts (26 nocent people, including U.S. citizens. The out of 50), the United States has been a sig- recent revelations that a Guatemalan colo- Armed Forces—only a few Members of nel on the CIA payroll is implicated in the Congress have worked to restrain this nificant arms supplier, accounting for at least 5% of the weapons delivered to one murders of Michael DeVine, an American dangerous trade. party to the dispute over a five year period; who ran a farm in Guatemala, and Efrain Additionally, America spends billions In more than one-third of all current con- Bamaca Velazquez, a Guatemalan rebel lead- of tax dollars to finance exports to ty- flicts (18 out of 50), the United States has er who was married to American lawyer and rants—highlighted by the second been a major supplier to one party to the dis- activist Jennifer Harbury, is just the latest chart—while cutting billions from key pute, accounting for over 25% of all weapons example of a covert arms trading culture domestic programs like veterans bene- imported by that participant in the most re- that is out of control. fits, Social Security, and student cent five year period; RECOMMENDATIONS loans. Despite the popular perception that it is The report makes the following specific U.S. policy to cease deliveries of weapons Mr. Chairman, the Code of Conduct recommendations for promoting greater ac- once a conflict is under way, as of the end of countability in arms transfer decision mak- amendment would not prohibit arms 1993 (the latest year for which full statistics transfers to any country. Rather it ing (for the full text of the recommenda- are available) the United States was shipping tions, see section IV, below): would establish a higher standard of military goods and services to more than scrutiny for countries receiving U.S. half (26 out of 50) of the areas where there Recommedation 1: Pass the arms transfer Code weapons and more congressional over- were wars being fought; of Conduct bill sight of arms sales. The Code of Con- In a number of volatile areas the United In February of 1995, Senator Mark Hatfield duct makes sure that we look before we States has been the primary supplier to gov- (R–OR) and Representative Cynthia McKin- ernments that are involved in ongoing con- ney (D–GA) reintroduced legislation calling leap by providing four guiding prin- flicts. In Turkey (76%), Spain (85%), Israel for the establishment of a Code of Conduct ciples for U.S. arms transfers. (99%), Morocco (26%), Egypt (61%), Chad for U.S. weapons transfers. Under the code, History demonstrates that as a result (27%), Somalia (44%), Liberia (40%), Kenya governments that engage in aggression of Siad Barre’s Somalia, Cedras’ Haiti, (25%), Pakistan (44%), the Philippines (93%), against their neighbors, violate the human and Saddam Hussein’s Iraq, our sol- Indonesia (38%), Guatemala (86%), Haiti rights of their own citizens, come to power diers have paid the price for selling (25%), Columbia (28%), Brazil (35%), and through undemocratic means, or refuse to U.S. materiel to dictators. Mexico (77%), the United States has been the participate in international agreements like The code would require that both the primary supplier of imported weaponry in the United Nations arms register would not President and Congress agree that pro- the most recent five year period for which be eligible to receive weaponry from the full data is available. United States. If the President wanted to viding assistance to a certain country Turkey’s use of U.S.-supplied fighter air- make an exception for a specific country on is in the best interest of the United craft, helicopters, tanks and armored person- national security grounds, he would have to States. The code also gives the Presi- nel carriers in its recent invasion of North- ask Congress to pass a bill providing an ex- dent flexibility. He can request a 1-year ern Iraq highlights the dangers of a policy of emption for that nation. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5505 The benefits of the Code of Conduct would Recommendation 5: The Clinton Administration Africa, the Middle East, and Northern Ire- be twofold. First, it would place consider- (or its successor) should vigorously pursue a land had been offset by the escalation of con- ations about the character of a given arms policy of multilateral arms transfer restraint flicts in North Africa (Algeria) and Russia recipient and how that nation might use U.S. designed to limit sales of conventional (Chechnya), and the outbreak of a border war weaponry up front in the arms transfer deci- weaponry to regions of conflict or repressive between Peru and Ecuador.[5] sion making process, preventing sales to un- regimes With the exception of Russia, China, and a stable regimes in the process. Second, even Contrary to the findings of the Clinton few other nations that produce a wide array in cases where the President sought an ex- Administraton’s new conventional arms of weapons systems for their own use, the emption, members of Congress would be transfer policy, Presidential Directive 41, majority of participants in today’s armed forced to go on the record for or against, pro- limiting the spread of weaponry to regions of conflicts depend upon imported weaponry.[6] viding a measure of public accountability conflict should be the paramount priority The conventional wisdom among U.S. policy- that rarely occurs under current law. governing U.S. arms transfer decisions in the makers is that the weapons that are actually Recommendation 2: Provide more detailed re- post-Cold War era. Economic and defense in- used in the majority of the world’s conficts porting on U.S. transfers of arms and mili- dustrial base concerns should take a back are supplied by other, less ‘‘responsible’’ sup- pliers. To the extent that U.S. officials raise tary technology, and press for other nations seat to efforts to construct a multilateral questions about arms supplies to regions of to do the same arms export control regime that can serve conflict, the usual targets of criticism are ei- Up until the Reagan Administration, the both as a tool for preventing conflicts, and ther Russia or China, which have histori- State Department issued an annual report for limiting their duration and severity once cally been more willing to supply arms and under Section 657 of the Foreign Assistance they break out. At a time when the United military technology to ‘‘rogue’’ states like Act that listed most significant items of States controls 72% of new arms sales agree- Iraq, Libya, North Korea, and Iran.[7] In ad- military equipment delivered from the Unit- ments with the developing world, U.S. lead- dition, some observers make pointed ref- ed States to any foreign country in the prior ership remains an essential prerequisite for erences to France’s allegedly amoral, mer- fiscal year, ranging from rifles and bullets on implementing any meaningful multilateral up to advanced combat aircraft. The section cantile approach to arms sales.[8] In con- arrangement for limiting the flow of conven- trast, it has been argued that U.S. arms sales 657 report should be reinstituted as an an- tional armaments. nual publication, to provide a tool for keep- are grounded in carefully considered deci- I. Introduction: U.S. Arms Transfers— sions to bolster the security of trustworthy ing track of potential abuses of U.S.-supplied Promoting Stability or Fueling Conflict? weaponry. allies in critical regions. A full accounting of U.S. arms transfer pol- ‘‘[T]here is almost no case since World War The notion that the United States is only icy must also include regular, detailed re- II in which arms provided by the United arming the ‘‘good guys’’ has a long history. porting on U.S. transfers of so-called ‘‘dual States have been used by the country receiv- In his book ‘‘The Real War,’’ Richard Nixon, use’’ equipment—items such as advanced ma- ing them for purposes of aggression.’’—Rich- the architect of the current U.S. role as the chine tools and computers, measuring in- ard Nixon, ‘‘The Real War,’’ 1980. world’s leading weapons trafficking nation, struments, or unarmed light helicopters and ‘‘[T]here is almost no instance of a country argued that U.S.-supplied weapons have rare- aircraft. If Congress and the public had been which is primarily dependent upon U.S. ly been used in a belligerent manner, but aware of the particulars of the nearly $1.5 weapons using those weapons in an offensive that ‘‘Soviet arms are the ones that are con- billion in dual use export licenses that the manner.’’—Joel Johnson, Aerospace Indus- stantly used to break the peace.’’[9] Nixon’s Commerce Department granted to companies tries Association, February 1994. blanket claim ignored a series of aggressive seeking to sell equipment to Iraq during 1985 ‘‘[T]here is strong evidence that countries actions by major U.S. arms clients during through 1990, some of the more dangerous relying on American weaponry have not the Nixon/Ford administrations, including items on the list might not have been ap- started wars with their neighbors . . . To Turkey’s invasion of Cyprus, Indonesia’s in- proved for sale. cite the most egregious example, Iraq . . . vasion of East Timor, Morocco’s occupation purchased its weapons primarily from Russia of the Western Sahara, and General Augusto Recommendation 3: The Pentagon and the intel- and France.’’—Ethan Kapstein, ‘‘Foreign Af- Pinochet’s reign of terror in the wake of his ligence community should publish regular fairs,’’ May/June 1994. 1973 coup d’etat in Chile.[10] reports on the use of U.S.-supplied weap- ‘‘Given the complexities of arms transfer The Reagan Administration presided over onry in ongoing conflicts decisions and the multiple U.S. interests in- one of the most revealing incidents in the All too often, U.S. weapons are supplied on volved . . . decisions will continue to be history of U.S. policy towards aggressive a ‘‘fire ‘em and forget ‘em’’ basis: the deci- made on a case-by-case basis. These case-by- uses of U.S. military equipment when it re- sion to sell is made based on short-term po- case reviews will . . . draw the appropriate sponded to Israel’s June 1981 bombing of litical, strategic, or economic consider- balance between legitimate arms sales to Iraq’s Osirak nuclear reactor. Initially, U.S. ations, with little thought given to how support the national security of our friends weapons deliveries to Israel were suspended these arms might be used a few years down and allies, and the need for multilateral re- until the State Department could determine the road. In an attempt to prevent this ‘‘boo- straint against the transfer of arms that whether the bombing, which utilized U.S.- merang effect’’ from repeating itself in the would enhance the military capabilities of supplied F–15 and F–16 aircraft, violated Isra- future, Representative Cynthia McKinney hostile states or that would undermine sta- el’s pledge to use U.S. systems for defensive sponsored a successful amendment to the bility.’’—Fact Sheet on Clinton Administra- purposes. After a ten week review, Secretary Fiscal Year 1995 Department of Defense Au- tion, Arms Sales Policy Directive, February of State Alexander Haig decided to resume thorization bill requiring the Pentagon to re- 17, 1995. arms shipments to Israel, arguing that ‘‘I port annually on how proposed arms trans- The Arms Export Control Act states that think one in a subjective way can argue to fers might create ‘‘increased capabilities’’ on U.S. military equipment and services shall eternity as to whether or not a military ac- the part of potential adversaries, and how be provided to other nations only for pur- tion may be defensive or offensive in char- they might ‘‘pose an increased threat’’ to poses of internal security, ‘‘legitimate self- acter.’’ Rather than making a specific case U.S. forces in some future conflict. defense,’’ participation in United Nations that Israel’s bombing of Osirak was justified As a further step in the right direction, the peacekeeping operations, or involvement in as a defensive act, Haig seemed to be saying, Pentagon and the Central Intelligence Agen- operations consistent with the U.N. Char- in Alice-in-Wonderland style, that a defen- cy should be required to file annual reports ter.[1] Based in part on this legislative re- sive use of a weaponry is whatever the U.S. on how U.S.-supplied weaponry is being put quirement and in part on their ingrained as- government and its allies say it is.[11] Tur- to use in current conflicts, either by the sumptions regarding U.S. weapons sales, sev- key’s 1995 invasion of Northern Iraq, which original recipients, or as the result of unau- eral generations of executive branch offi- has been justified by Turkish Prime Minister thorized transfers to third parties. These re- cials, policymakers, and independent ana- Tansu Ciller on the grounds that Turkish ports could serve as a running record of the lysts have taken it as an article of faith that forces are in ‘‘hot pursuit’’ of Kurdish terror- consequences of past U.S. weapons trading U.S.-supplied weapons are primarily used for ists, raises similar questions about what con- activities, and they would hopefully inject a defensive purposes. stitutes a genuinely defensive deployment of note of caution into congressional debates Now that the United States controls nearly U.S.-supplied weaponry (for further discus- over new proposed transfers. three-quarters of all weapons exports to the sion of Turkey’s use of U.S. weapons against Recommendation 4: Outlaw covert weapons developing world, the question of whether or its Kurdish population, see section II, below). shipments not U.S. weapons are used aggressively is of This ‘‘see-no-evil’’ approach to U.S. weap- From Iran/contra to the arming of Iraq to more than merely academic interest.[2] ons trading has survived into the 1990s. The the ongoing proliferation of weapons origi- As of early 1994, there were 50 significant last four times the United States has sent nally intended for Afghan rebel movements, ethnic and territorial conflicts under way in troops into combat they have faced adversar- covert weapons trafficking have been at the Europe, Africa, the Middle East, Asia and ies that received U.S. arms or military tech- center of a series of unmitigated foreign pol- Latin America.[3] By the end of 1993, the nology in the period leading up to the con- icy fiascos. As part of the effort to restruc- number of ongoing wars involving more than flict, yet the Clinton Administration’s arms ture the CIA to better meet the realities of one thousand battle-related deaths reached transfer policy review stubbornly refused to the post-Cold War world, covert arms sales 34, marking the first increase in this grim take into account the very real possibility by the CIA and other government depart- statistic since the end of the Cold War.[4] By that U.S.-supplied weapons may be used for ments should be strictly outlawed. early 1995, progress towards peace in South purposes contrary to U.S. interests. As if to H 5506 CONGRESSIONAL RECORD — HOUSE May 24, 1995 underscore the business-as-usual tone of the suppliers. To cite the most egregious exam- Morocco, Somalia and Kenya have actually Clinton approach, an official involved in the ple, Iraq, which attacked Iran in 1980 before increased over the past few years. In the case policy review has indicated that under the turning on Kuwait a decade later, had pur- of Somalia, the increase is explained by the Administration’s new guidelines, not a single chased its weapons primarily from Russia fact that a new government has been in- one of the hundreds of major U.S. arms sales and France. stalled as a result of a UN peacekeeping mis- of the past fifteen years would have been re- ‘‘Why American arms should be used pri- sion in that nation. But continuing U.S. de- jected.[12] The administration’s decidedly marily for defensive purposes is an interest- liveries to Morocco, Turkey, and Kenya have upbeat perspective on arms sales was ing question. The most likely reason is that no such rationale: in these cases, U.S. arms summed up early on by Lt. General Teddy countries reliant on the United States fear are shoring up regimes that have been in- Allen, the former Director of the Pentagon’s being cut off and forced to look elsewhere if transigent in their pursuit of military solu- Defense Security Assistance Agency, during they misbehave.’’[17] tions to sensitive ethnica and territorial dis- testimony to Congress in June 1993: ‘‘Many The question of whether U.S. weapons putes. Last but not least, in both Haiti and friends and allies depend on U.S. defense transfers are as overwhelmingly constructive Guatemala, legislative attempts to termi- equipment, services, and training to deter, and stabilizing as this version of the conven- nate U.S. military assistance were subverted and when necessary, defeat, armed aggres- tional wisdom claims they are deserves clos- by the implementation of covert aid pro- sion.’’[13] When it finally released the results er scrutiny. As the next section will dem- grams that were actually larger than the of its arms export policy review in February onstrate, the sheer volume of U.S. arms ship- overt programs that were eliminated by Con- of 1995, the Clinton Administration described ments to areas of conflict calls into question gress (see sections II and III for further dis- the five key goals of its policy as follows: the notion that these transfers have exerted cussion). (1) To ensure that our military forces can a uniformly positive or predictable influence continue to enjoy technological advantages on local, regional, and international secu- TABLE I—AREAS OF CONFLICT IN WHICH THE U.S. HAS over potential adversaries; rity. BEEN A PRIMARY WEAPONS SUPPLIER (2) To help allies and friends deter or de- II. U.S. Weapons at War fend themselves against aggression, while Percent of total arms im- promoting interoperability with U.S. forces A comparison of the Pentagon’s own data ports received from the when combined operations are required; on deliveries of weapons through the U.S. Region (and recipient) United States Foreign Military Sales (FMS) and Commer- (3) To promote regional stability in areas 1987–91 1991–93 1 critical to U.S. interests, while preventing cial Sales (CS) programs over the past dec- proliferation of weapons of mass destruction ade with a list of 50 significant wars that Southern Europe: were under way during 1993–94 indicates that Spain ...... 85 86 and their missile delivery systems; Turkey ...... 76 80 (4) to promote peaceful conflict resolution U.S. weapons exports have played a major Middle East/North Africa: and arms control, human rights democra- role in fueling the ethnic and territorial con- Israel ...... 99 91 flicts that have become one of the most dif- Morocco ...... 26 76 tization and other U.S. foreign policy objec- Egypt ...... 61 89 tives; ficult security challenges of the post-Cold Sub-Saharan Africa: (5) to enhance the ability of the U.S. de- War era [18]: Chad ...... 27 25 fense industrial base to meet U.S. defense re- In the past ten years, parties to 45 current Somalia ...... 44 100 Liberia ...... 40 20 quirements and maintain long-term military conflicts have taken delivery of over $42 bil- Kenya ...... 25 100 technological superiority at lower costs. [14]. lion worth of U.S. weaponry; Zaire ...... 17 0 The idea of controlling the spread of U.S. Of the significant ethnic and territorial Asia: Pakistan ...... 44 3 weaponry to ensure that U.S. exports do not conflicts going on during 1993–94, 90% (45 out Philippines ...... 93 75 sustain ongoing wars, fuel regional arms of 50) of them involved one or more parties Indonesia ...... 38 33 races, or strengthen potential U.S. adversar- that had received some U.S. weaponry or Latin America: Guatemala ...... 86 30 ies is only obliquely hinted at in the Clinton military technology in the period leading up Haiti ...... >25 20 administration’s priority list; the underlying to the conflict; Colombia ...... 28 19 assumption is that U.S. weapons transfers go In more than half of current conflicts (26 Brazil ...... 35 40 Mexico ...... 77 64 to potential ‘‘coalition partners’’ to be used out of 50), the United States has been a sig- for strictly defensive purposes. Despite re- nificant arms supplier, accounting for at 1 The overlap in years covered by the two columns (1987–1991 and least 5% of the weapons delivered to one 1991–1993) is a function of the way the data is reported in the two most cent evidence to the contrary, the possibility recent editions of the ‘‘World Military Expenditures and Arms Transfers’’ re- that today’s partner could be tomorrow’s ad- party to the dispute over a five year period; port. For a brief description of the nature of the conflicts in each of these versary doesn’t seem to enter into the ad- In more than one-third of all current con- nations, see Appendix A, Table I, below. flicts (18 out of 50), the United States has 2 The Arms Control and Disarmament Agency (ACDA) reported no arms ministration’s thinking. transfers to Haiti or Liberia from any source during 1991–1993; this does To further underscore how small a role the been a major supplier to one party to the dis- not necessarily mean that there were no transfers of any kind—it is likely potential risks of U.S. weapons exports will pute, accounting for over 25% of all weapons that there was some black market trading in light weaponry that was not play in executive branch decisionmaking, imported by that participant in the most re- detected by the intelligence sources that serve as the basis for ACDA’s data. 3 It has recently been revealed that the Central Intelligence Agency con- Clinton Administration officials have indi- cent five year period; tinued to make millions of dollars in payments to Guatemalan military and cated that the contribution of a given trans- Despite the popular perception that it is intelligence officials after U.S. military aid was officially cut off in 1991; it fer to the defense industrial base will now be U.S. policy to cease deliveries of weapons has yet to be determined whether some of this money was used to import weaponry. an explicit factor in deciding whether to go once a conflict is under way, as of the end of Source: U.S. Arms Control and Disarmament Agency, ‘‘World Military Ex- ahead with the sale. This could mean that 1993 (the latest year for which full statistics penditures and Arms Transfers’’, 1991–92 and 1993–94 editions, Table III. the fact that a deal might extend Lockheed’s are available) the United States was shipping production run for the F–16 fighter or sustain military goods and services to more than While data on the total volume of U.S. General Dynamics’ assembly line for the M– half (26 out of 50) of the areas where there weapons supplies to areas of conflict is read- 1 tank will carry greater weight than wheth- were wars being fought. ily available, specific information on how er these weapons are being provided to un- The data outlined above demonstrate that U.S. weaponry is being put to use in today’s stable regimes. [15]. contrary to the assertions of key policy- wars is harder to come by. This is in part be- Not surprisingly, the claim that U.S.-sup- makers, academic analysts, and industry cause neither the media nor the armed forces plied arms are only used defensively has also lobbyists, the United States is sustaining the have made it their business to identify the been made repeatedly by executives and lob- warfighting capabilities of a substantial specific types of weaponry utilized in a given byists in the defense industry. For example, number of the parties to the world’s current conflict or to document the origins of these Don Fuqua, president of the Aerospace In- conflicts. In a number of volatile areas the armaments. Even if gathering such data was dustries Association, made the following United States has been the primary supplier a priority, the reality of warfare, particu- claim in a November 1994 article entitled to governments that are involved in either larly multi-sided civil conflicts involving ‘‘Merchants of Peace’’: ‘‘during more than internal or regional conflicts. In cases where light weaponry, would make it difficult to half a century, no American soldier ever the United States has supplied a majority of obtain comprehensive information. Nonethe- faced any significant American military a client government’s imported weaponry less, accounts in the mainstream and spe- equipment used by a hostile power.’’ [16] over an extended period of time, it is likely cialty press have uncovered a number of re- This industry argument has been echoed in that some U.S. systems will be utilized in fu- cent examples of how U.S.-supplied weaponry academic circles as well, most notably in an ture conflicts involving these nations (see is being put to use on the battlefield, and a article by Ethan Kapstein of the John M. Table I, below) number of arms control and human rights re- Olin Institute for Strategic Studies at Har- Among the most serious conflicts in which searchers have recently begun a concerted vard which appeared in the May/June 1994 the United States has been the primary effort to gather more information on the issue of Foreign Affairs: weapons supplier are Turkey, Morocco, So- patterns of deliveries of light weaponry to ‘‘. . . there is strong evidence that coun- malia, Liberia, Kenya, Zaire, Pakistan, Indo- ethnic conflicts. The following examples are tries relying on American weaponry have not nesia, the Philippines, Haiti, Guatemala, Co- illustrative of the ways in which U.S. weap- started wars with their neighbors. Contrast lombia and Mexico. Official U.S. weapons de- ons are being utilized in current conflicts: a that record with the one compiled by coun- liveries to Haiti, Guatemala, Liberia, and more comprehensive accounting would re- tries that have purchased their weapons Zaire were cut off as of the early 1990s, but quire more open reporting of the nature of from Russia, Western Europe, or Third World U.S. deliveries to conflict zones in Turkey, U.S. weapons transfers to these areas. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5507 Turkey: Turkey received over $6.3 billion In a move that may prompt debate for soldiers reported a conundrum similar to worth of military equipment and services some time to come, President Clinton and that faced U.S. forces in Vietnam—an inabil- from the United States between F.Y. 1984 the Pentagon also ordered U.S. military per- ity to distinguish friend from foe. One sol- and F.Y. 1993.[19] The United States supplied sonnel in Northern Iraq to ‘‘stand down’’ dier told the Post ‘‘we have a big problem be- 76% of all weapons imported by the Turkish from enforcing the no fly zone against Tur- cause we don’t know who is a villager and government between 1987 and 1991, a figure key aircraft for the duration of Turkey’s who the PKK is . . . we can’t do a thing.’’[30] which increased to 80% for the period from intervention. when a reporter asked Penta- Unfortunately, contrary to the soldier’s re- 1991 to 1993. The majority of U.S. weapons gon spokesperson Dennis Boxx whether the port, Turkish troops did plenty of things in supplies to Turkey have been paid for by Pentagon was ‘‘uncomfortable’’ over the fact Northern Iraq, including a number of docu- U.S. taxpayers as part of an extensive mili- that a U.S. ally was ‘‘beating up on . . . the mented cases of killings and displacement of tary aid program that has provided over $5 same people we’ve been trying to protect Kurdish civilians. There is no way of know- billion in assistance from F.Y. 1986 through from Iraq for a number of years,’’ Boxx ar- ing at this point whether these were isolated F.Y. 1995.[20] Turkey has also received large gued that Turkey was taking great care to incidents or part of a larger pattern of abuse, deliveries of U.S. weaponry for free or at focus its attacks on PKK terrorist strong- because at a number of key stages in the minimal cost as part of the NATO ‘‘cascad- holds. When he was asked where U.S. en- conflict Turkish military commanders lim- ing’’ program, which involves redistributing forcement of the no fly zone would be ren- ited access to the combat zones on the part surplus weapons rendered redundant by the dered inoperative for the duration of the of both journalists and relief workers.[31] At Conventional Forces in Europe Treaty Turkish intervention in Northern Iraq, Boxx the end of March, during the second week of (CFE).[21] Last but not least, a number of implied that it would, noting that ‘‘it’s sim- the Turkish invasion, residents of the Iraqi U.S. weapons systems are produced in Tur- ply better not to put these people at risk village of Beshile reported that their village key under coproduction and licensing agree- [U.S. military personnel involved in Oper- had been bombed and burned to the ground ments with U.S. firms, including Lockheed’s ation Provide Comfort] until this has been by Turkish forces. Fevzi Rashid, a 43 year F–16 fighter plane and the FMC Corpora- resolved.’’ The chilling implication of Boxx’s old farmer who witnessed the Turkish at- tion’s M–113 armored personnel carrier.[22] remark is that the Pentagon actually feared tack, described it to a reporter from Reuters There have been reports in the inter- that if U.S. forces had tried to enforce the no news service as follows: national and Turkish press indicating that fly zone against the Turkish military, Turk- ‘‘First the planes bombed our village. Then ish forces would have engaged in an air war U.S.-supplied weaponry has been used exten- soldiers came some days later and burned against U.S. troops, using U.S.-supplied air- sively by the Turkish government in its war our houses. Yesterday they came again and craft. It was almost as if the Pentagon on the Kurdistan Worker’s Party (PKK) in fired at the village with rockets and mor- spokesman was acknowledging that Turkey southeastern Turkey. A wide range of U.S. tars.’’[32] had intimidated the U.S. into allowing its systems, including F–16, F–4, F5, and F–104 Turkey’s claim to be targeting only PKK Iraqi incursion to go forward unhindered.[27] terrorists has been further undercut by as- fighter aircraft, Cobra and Black Hawk heli- As has been the case in its major anti- sertions by the Iraqi National Congress, the copters, cluster bombs, and M–60 tanks and Kurdish operations of the recent past, Tur- Iraqi Kurdish organization that controls M–113 armored personnel carriers have been key’s offensive in Northern Iraq has relied most of the territory impacted by the Turk- used in the conflict, which has claimed over heavily on U.S.-supplied equipment. Reports ish invasion, that on the very first day of the 15,000 lives since 1984.[23]. The Clinton Ad- in the European press have indicated that invasion ‘‘Turkish soldiers . . . arrested hun- ministration and other supporters of the Turkey’s air war against the PKK (and dreds of refugees as suspected followers of Turkish government have argued that the against a number of Kurdish settlements and the Kurdish Workers’ Party.’’[33] PKK is a terrorist organization, not a legiti- refugee camps) in Northern Iraq has been Although the Clinton Administration firm- mate political movement. However, regard- conducted almost entirely with U.S.-de- ly held to its position that the Turkish inva- less of their views on the PKK, most inde- signed fighter planes such as the McDonnel sion would be limited in duration and narrow pendent observers agree that the politico- Douglas F–4, the Lockheed F–104, and the in focus, one expected withdrawal date— military strategy of the Turkish govern- Lockheed Martin F–16. Other U.S.-supplied Turkish Prime Minister Tansu Ciller’s April ment—strafing and depopulating entire vil- aircraft such as the Textron-Bell Cobra heli- 19th visit to Washington—came and went lages in the southeast—entails unnecessary copter gunship and the United Technologies/ with no final timetable for withdrawal in suffering and repeated violations of the Sikorsky Black Hawk troop transport have sight. A partial pullback of Turkish troops human rights of civilian noncombatants. also been used in support of Turkey’s move in late April of 1995 still left at least 10,000 Human Rights Watch has reported that as of into Iraq.[28] Turkish troops inside Iraq, and there is some October 1994, the Turkish government has U.S. support of the Turkish intervention is dispute even now as to whether all Turkish depopulated as many as 1,400 villages and based on the assumption that it is a care- troops have cleared out of the area (see dis- hamlets and displaced several hundred thou- fully crafted defensive operation aimed at cussion below). In contrast to the policy of sand people in its prosecution of the war wiping out PKK bases in Iraq, with little or Germany, which has cut off all weapons ship- against the PKK.[24] Major encounters in- no negative impact on Kurdish civilians. But ments to Turkey in response to the Iraqi in- volving U.S.-supplied weaponry have in- press reports from the area have raised seri- cursion, the Clinton Administration’s posi- cluded May 1993 bombing raids in the ous doubts regarding Turkey’s claim that it tion on the Kurdish question appears to be Karliova valley that utilized F–4 fighter has been mounting a ‘‘surgical strike’’ ‘‘Turkey right or wrong.’’[34] The U.S. arms plans and Cobra helicopters to kill 44 Kurd- against terrorists. Turkey’s ongoing war industry has officially weighed in on the side ish fighters and a January 1994 incursion against the PKK, both in Northern Iraq and of the Turkish government’s tactics as well, into Iraq to bombard PKK camps with clus- Southeastern Turkey, is looking increas- in the form of a comment by Joel Johnson, ter bombs, 500- and 2000-pound bombs ingly like it may become that nation’s Viet- chief lobbyist for the Aerospace Industries dropped from F–16 and F–4 aircraft. nam: a draining, divisive, and ultimately un- Association, to the effect that Turkey’s mili- The Turkish government’s March 1995 in- successful effort to defeat a nationalist tary plan was no different from what other vasion of Northern Iraq marks the latest movement by military means. An April 2nd global and regional powers have done in chapter in its quest for a military solution news analysis piece by John Pomfret of the similar circumstances: to the Kurdish question. A Turkish govern- Washington Post—appropriately entitled ‘‘It must be acknowledged that the Turks ment spokesperson proudly described the ‘‘Turkey’s Hunt for the Kurds: the Making of have not invented Rolling Thunder. We used cross-border raid by 35,00 troops as ‘‘the big- a Quagmire?’’—captured the dilemma faced B–52s to solve a guerrilla problem [in Viet- gest military operation in the history of the by Turkish troops in Northern Iraq as they nam]. The Russians used very large weapons Turkish Republic.’’[25] Ironically, the Turk- attempted to sort out Kurdish PKK mili- platforms [in Afghanistan]. And the Israelis ish attack targeted the same sector of Iraq tants from Kurdish civilians (both Turkish get irritated on a reasonably consistent basis in which the United States had been enforc- and Iraqi) in the area: ing a ‘‘no fly zone’’ as part of the United Na- ‘‘. . . by embracing a military answer to and use F–16s in Southern Lebanon. One tions-backed Operation Provide Comfort, an what it considers a terrorist question, Tur- wishes that it didn’t happen. Sitting in the effort designed to protect Iraqi Kurds in the key risks bogging its army down in a vicious comfort of one’s office, one might tell all area from Saddam Hussein’s regime. Because cycle of incursion and withdrawal, followed four countries they’re wrong. It’s a lot easier the United States is far and away Turkey’s by guerilla counterattacks and more incur- to say that here than when you’re there and largest supplier of weapons and military aid, sions again. Such a cycle, Western officials it’s your military guys who are getting Turkish Prime Minister Tansu Ciller cleared have said, would only empty government cof- chewed up.’’[35] the operation with President Clinton by tele- fers overtaxed by an ailing economy and a Setting aside for a moment the obvious phone before sending her military forces into similar counterinsurgency operation within moral issues raised by massive bombing Iraq. White House spokesperson Mike Turkey.’’[29] raids as a tool of modern warfare, it must be McCurry reported that the President accept- A western relief worker underscored the pointed out that Johnson’s statement ed Ciller’s explanation that the raids were futility of Turkey’s military strategy when glosses over a key strategic point: in two of strictly aimed at PKK ‘‘terrorist bases’’ in he told Pomfret ‘‘you can’t wipe out a ter- the three examples he cites, Vietnam and Af- Northern Iraq, and that Clinton expressed rorist operation that operates on two con- ghanistan, the ‘‘Rolling Thunder’’ tactic was ‘‘understanding for Turkey’s need to deal de- tinents by attacking the mountains. It’s like employed by great powers that were ulti- cisively’’ with the rebel group.[26] killing a fly with a sledgehammer.’’ Turkish mately defeated militarily and politically by H 5508 CONGRESSIONAL RECORD — HOUSE May 24, 1995 smaller, better motivated nationalist forces. the Afghan civil war comes from stocks sup- hundreds of thousands of combat rifles from Even staunch allies of the current Turkish plied to the various rebel factions by the CIA such diverse sources as China, Turkey, regime might find reason to advise Prime during the 1980s. [40] Egypt, and Israel and passed them on to Af- Minister Ciller to abandon her country’s cur- The violence sparked by U.S. weapons and ghan rebel groups.[47] However, as British re- rent military strategy vis-a-vis Kurdish sep- training to the Afghan rebel movements ex- searcher Chris Smith has noted, many of aratist forces. tends far beyond Afghanistan. An Algerian these weapons were siphoned off along the In response to a growing international out- government official has described the exist- way, because the Afghan pipeline was ‘‘ex- cry against the Turkish government’s tac- ence of a ‘‘floating army’’ of Islamic fun- tremely badly organized and poorly thought tics in its war against the PKK, the Clinton damentalist fighters who received weapons out,’’ to the point that it ‘‘leaked profusely Administration has repeatedly urged Turkey and training in Afghanistan starting in the and virtually ruptured.’’ As a result, the to stop its indiscriminate approach of bomb- 1980s, and are now mounting terrorist at- Northwest Frontier area of Pakistan is dot- ing and depopulating entire villages. con- tacks on U.S.-backed governments in Alge- ted with a series of open air weapons marts gress has gone beyond rhetoric by withhold- ria, Egypt, Israel, and Saudi Arabia. [41] This that are doing a brisk business reselling ing 10% of Turkey’s U.S. military aid for international network of armed Islamic fun- weapons that were originally intended to go F.Y. 1995 pending a report on abuses against damentalists that the CIA helped to create to Afghan rebel forces. Pakistani intel- civilians by the Turkish military. In Decem- has struck in the United States as well: two ligence officials have been running guns to ber 1994, Human Rights Watch published a of the men convicted in the 1993 bombing of Islamic fundamentalist forces in the India report entitled ‘‘U.S. Cluster Bombs for Tur- the World Trade Center had received weap- province of Kashmir, increasing the level of key?’’ which called for a reversal of a plan to ons and explosives training from CIA-backed violence of that conflict and undermining ef- provide advanced U.S.-built CBU–87 cluster rebels in Afghanistan prior to their attack in forts to encourage India and Pakistan to bombs to Turkey on the grounds that the New York. And these two men may not be come to a diplomatic resolution of the Kash- weapons might be used against civilians. As the only examples of U.S. covert aid back- mir issue. Sikh militants fighting in the a result of the pressure generated by the re- firing. According to David Whipple, the Punjab region of India have large quantities port, the cluster bomb sale has been shelved former head of counterterrorism at the CIA, of Chinese Type 56 assault rifles of the kind for the moment.[36] ‘‘some of the people who are actual or poten- that were supplied in large numbers by the Despite these efforts to restrict the flow of tial terrorists in this country are former CIA to the Afghan war, indicating a likely U.S. arms to Turkey’s war against the PKK, guerrilla fighters in Afghanistan.’’ And it spillover of the Afghan pipeline into this the United States remains Turkey’s number now appears that the suspects in the recent conflict as well. U.S.-supplied weapons have one weapons supplier, and Turkey’s inhu- murders of several U.S. embassy employees also been utilized by Islamic fundamentalist mane warfighting tactics continue. As of the in Karachi, Pakistan are also suspected of fighters engaged in a civil war against Rus- first week of May, 1995, Turkish officials having ties to the CIA’s Afghan weapons sian-backed government in the former So- claimed to have removed all of their troops pipeline.[42] viet republic of Tajikistan.[48] from Northern Iraq, but Prime Minister One of the most dangerous lingering side In reviewing the evidence of the spread of Ciller has stated in no uncertain terms that effects of the CIA’s Afghan weapons traffick- U.S.-supplied guns and ammunition that was she retains the right to invade the area ing has been the proliferation of U.S.-built originally intended for the Afghan war, again if Turkey detects further PKK activi- Stinger missiles. The Stinger, a shoulder- Human Rights Watch has observed that ties there.[37] So far, moves to curb Turkey’s fired antiaircraft missile that can be used to ‘‘[t]he single most important factor in the use of imported weaponry have had no dis- shoot down anything from a fighter plane to introduction of small arms and light weap- cernible impact on Ciller’s approach to the a civilian airliner, has been described by ons into South Asia was the effort by the Kurdish problem: she told members of her Senator Dennis DeConcini as ‘‘the ultimate U.S. and Pakistan to arm the Afghan governing coalition in early April that ‘‘we terrorist weapon.’’ [43] Afghan rebel com- mujahidin resistance.’’[49] have one thing to say to those who threaten manders have been putting their U.S.-sup- Indonesia: Governed by one of the world’s us about using their arms when they should plied Stingers up for sale to the highest bid- longest enduring military rulers, General be standing by us—we will use our right to der in the international arms bazaar, and Suharto, Indonesia also has one of the worst defend ourselves under any circumstances. there have been reports that some of the human rights records of any major U.S. You can keep your weapons.’’[38] Maybe it’s weapons have now turned up in such un- weapons client. There is direct evidence that time for President Clinton to take Prime likely places as Iran, Libya, Qatar, and some of these human rights violations have Minister Ciller up on her offer. North Korea. [44]. The CIA was so disturbed been carried out using U.S.-supplied equip- Afghanistan: Beginning during the late by these reports that they put up $65 million ment. 1970s under the Carter Administration and for a Stinger ‘‘buyback’’ plan; so far the pro- In addition to restrictions on freedom of accelerating during the 1980s under the gram has only succeeded in driving up the the press, freedom of assembly, and labor Reagan Administration, the United States price that Afghan forces can get for the mis- rights within Indonesia, the Indonesian gov- supplied rebel factions in Afghanistan with siles to two to three times their original ernment has sustained an illegal military oc- an estimated $2 billion in covert military as- price, while recovering very few of the mis- cupation of neighboring East Timor for near- sistance.[39] This effort has been widely cited siles. [45]. ly 20 years. In November of 1991, two U.S. as one of the great success stories of the The shortsighted attitudes of U.S. policy- journalists, Allan Nairn and Amy Goodman, Reagan Doctrine of arming anticommunist makers involved in creating the Afghan witnessed a massacre carried out by Indo- rebels, and there is no question that U.S. weapons pipeline were summarized by Ed- nesian troops in the Timorese capital of Dili. weapons supplies contributed to the ability ward Juchniewicz, the CIA’s associate direc- The troops, armed with U.S.-supplied M–16 of Afghan guerrilla fighters to drive Soviet tor for covert operations during the Reagan rifles, opened fire on a memorial mass and forces out of their country. Unfortunately, Administration: procession in honor of a young Timorese the longer term consequences of U.S. arms ‘‘The Iranians have already captured or man who had been murdered by the Indo- supplies to Afghan forces have been far more otherwise obtained some Stingers and con- nesian army for attempting to speak out problematic. Since Soviet troops withdrew tinue to accumulate them. I can understand about human rights abuses in East from Afghanistan in February 1989, U.S. why people are exercised. I wouldn’t want Timor.[50] Human rights abuses by Indo- weapons have helped to sustain a vicious one to hit the airplane I’m on . . . [but] one nesian forces have continued up to the civil war amongst competing rebel organiza- makes the assumption when one goes to bat- present, both in East Timor and within Indo- tions inside Afghanistan. In addition, sys- tle that one’s equipment will be captured by nesia; a recent summary of Indonesia’s tems supplied to the Afghan factions for pur- the enemy. So unfortunately, we lost some record of Human Rights Watch described ‘‘a poses of fighting off Soviet forces are now Stingers, and now our enemy has one of our pattern of abuse . . . characterized by mili- being resold on the international market, best weapons.’’[46] tary intervention in virtually all aspects of turning up in conflicts where they were What Juchniewicz fails to acknowledge is Indonesian public life and by the arbitrary never intended to be used. that the Stingers that were transferred to exercise of authority by President As Ted Galen Carpenter of the Cato Insti- Iran were not captured by an enemy in bat- Soeharto.’’[51] tute has noted, ‘‘[e]ven before they ousted tle; they were provided to Iran by Afghan The massacre in Dili and subsequent ac- the Soviet-backed government from power in rebel forces that had been considered friends tions of the Indonesian military have April 1992 feuding mujahadin guerrilla units of the United States. sparked calls by the public and the Congress spent almost as much time battling each While the spread of U.S.-supplied Stinger for a cutoff of U.S. military assistance, other as they did fighting the communists.’’ missiles poses an ongoing threat because of training and sales to the Indonesian govern- Far from setting the stage for a period of their possible role in augmenting the capa- ment, but so far these demands have only peaceful reconstruction and reconciliation, bilities of terrorist organizations, the tens of been partially met. In October of 1992 Con- the fighting inside Afghanistan actually in- thousands of tons of light weaponry that the gress cut off U.S. assistance to Indonesia tensified after the Soviet-supported regime CIA funneled to Afghan factions through its under the International Military Education was overthrown—2,000 people were killed in contacts in Pakistani intelligence services and Training (IMET) program. In 1994, the one three-week period in August of 1992, and may pose an even more serious risk to the Clinton administration announced that it by the spring of 1994 600,000 people had been stability of South Asia. Analysts of the Af- would stop permitting arms sales or export displaced from the capital city of Kabul. ghan conflict have reported that during the licenses to Indonesia for deals involving Much of the equipment used on each side of 1980s the United States purchased literally small arms or crowd control equipment.[52] May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5509 Despite these steps, there continues to be a Guatemala in general and the murder of Mi- Apparently, the vehicles have yet to be uti- significant flow of U.S. weapons to Indo- chael DeVine in particular, U.S. military as- lized to put down any major demonstrations, nesia, adding to the more than $583 million sistance to Guatemala was officially sus- but given the continued political turbulence in U.S. weapons deliveries to that nation pended by the Bush Administration in 1990. in Mexico they may yet be used for that pur- from F.Y. 1984 through F.Y. 1993. In 1993, the As far as the public, the media, most mem- pose.[59] last year for which full data is available, bers of Congress, the Secretary of State, and In February of 1995, Newsday reporter Ray U.S. deliveries to Indonesia through the Pen- even the U.S. ambassador to Guatemala were Sanchez reported that U.S.-supplied Black tagon’s Foreign Military sales program and concerned, this cutoff of military aid meant Hawk helicopters were being used to ferry commercial sales licensed by the State De- that the U.S. government’s role in arming troops to Chiapas in the Mexican govern- partment topped $34 million. And the most and financing the Guatemalan military had ment’s abortive attempt to round up the top recent statistics from the U.S. Arms Control been brought to an end. This reasonable as- leadership of the Zapatista movement. There and Disarmament Agency demonstrate that sumption turned out to be dead wrong. is a strong possibility that U.S. weaponry for a five year period ending in 1991, the U.S. In the wake of the revelations about the will be used again if there is further civil supplied 38% of all weapons imported by the Guatemalan military’s role in the murders of strife in Mexico: the Mexican government Indonesian government; for the period from Michael DeVine and Efrain Velazquez, Tim has taken delivery of over $300 million worth 1991 to 1993, the U.S. share of Indonesia’s Weiner of the New York Times revealed that of U.S. weaponry over the past decade, and weapons imports dropped slightly, to 33%. As from the moment official U.S. aid to Guate- U.S. deliveries accounted for over three- this report was going to press, Defense News mala was suspended in 1990, the CIA imme- quarters of Mexican weapons imports in the reported that the Clinton Administration diately initiated a multi-million dollar pro- most recent five year period for which infor- was seriously considering giving clearance gram of payments to key Guatemalan mili- mation is available.[60] for a multi-billion dollar sale of F–16 fighter tary and intelligence officials. The pay- The Bush Administration’s initiative to aircraft to Indonesia; the article reported ments, which were allegedly aimed at utilize military assistance to help Andean some ambivalence within the administra- ‘‘maintaining good relations’’ with Guate- nations fight the ‘‘war on drugs’’ has led to tion, noting that ‘‘White House officials . . . malan security officials, totaled $5 to $7 mil- a number of documented instances of the use realize they must tiptoe around congres- lion per year, more than twice the level of (and abuse) of U.S.-supplied weaponry in con- sional sensitivity over killings and arbitrary the public U.S. military aid that was termi- flicts having little or nothing to do with the arrests in the former East Timor.’’[53] nated by the Bush Administration. Among problem of drug interdiction. As the Wash- Other examples: In addition to these spe- the recipients of CIA funds was Col. Alpirez, ington Office on Latin America (WOLA) cific examples of the utilization of U.S.-sup- the principal suspect in the murders of Mi- noted in its 1991 report ‘‘Clear and Present plied weapons in active areas of conflict, chael DeVine and Efrain Velazquez.[55] Dangers; The U.S. Military and the War on there is strong circumstantial evidence to In addition to the secret CIA payments, in- Drugs in the Andes’’, under the impetus of indicate that U.S. systems have either al- vestigative journalist Allan Nairn has uncov- the Bush policy ‘‘the Andean region has sup- ready been used or may yet come into play ered documentation of 144 separate sales of planted Central America as the main locus of in a host of other wars. The mere fact that rifles and pistols to Guatemala from U.S. U.S. military activity in the hemisphere.’’ In U.S. weapons have been delivered to 45 of the sources, all of which occurred after the 1990 the first three years of the 1990s, Colombia, 50 current localities that are in the midst of aid cutoff.[56] Peru, and Bolivia were slated to receive significant conflicts in one strong indication As the Clinton Administration and the more U.S. military assistance than all of that U.S. weapons are involved in many of Congress proceed with separate investiga- Central America combined, with the ration- today’s wars. tions of the Guatemalan arms scandal, they ale of providing equipment and training that Moving form statistical evidence to actual will have to consider new, tougher safe- could be used to fight drug trafficking in cases, a few recent examples should suffice guards over the CIA’s role in the covert arm- those countries. Despite rhetoric about shift- to demonstrate the myriad ways in which ing and financing of foreign military and in- ing its emphasis toward reducing demand for U.S. weaponry may be used in ethnic and telligence services. Otherwise, there will be drugs in the United States, the Clinton Ad- territorial conflicts. no guarantee that the will of the President, ministration has carried on the Bush policy Guatemala has been on the front pages of the Congress, or the public will be respected of providing substantial amounts of military American newspapers in recent months be- in future arms sales relationships. The CIA’s assistance to Andean, Central American, and cause of revelations that CIA-financed Gua- conduct in Guatemala brings to mind a re- Caribbean nations for use in anti-narcotics temalan military officers were involved in mark made by former New Hampshire Sen- efforts.[61] the murders of Efrain Bamaca Velazquez (a ator Warren Rudman with respect to another In Colombia, Black Hawk helicopters and Guatemalan rebel leader who was the hus- covert arms trafficking scheme run amok, Textron/Cessna A–37 counterinsurgency air- band of Jennifer Harbury, an American law- Iran/contra: ‘‘If you carry this to its logical craft that were supplied as part of the Bush yer and anti-war activist), and Michael extreme, you don’t have a democracy any Administration’s September 1989 emergency DeVine, an American citizen who owned a more.’’[57] antidrug aid package to that nation were farm in Guatemala before he was killed in When Mexico moved to put down the rebel used just a few months later in a series of 1990. Ironically, it took the deaths of an uprising in the southern state of Chiapas in bombing raids against the village of Llana American and the husband of an American early 1994, they initially used some of the Fria that resulted in the displacement of citizen to focus widespread media attention nearly three dozen helicopters that the Unit- 1,400 peasants. The Colombian military on the routine use of U.S. arms to promote ed States had supplied to the Mexican Attor- claimed that the raids were aimed at leftist murder and torture in Guatemala. As R. Jef- ney General’s office for use in anti-narcotics guerrilla forces—clearly not a purpose that frey Smith and Dana Priest noted in a Wash- activities. Under questioning from Congress, was covered in the original rationale for the ington Post piece that ran after the revela- Assistant Secretary of State Alexander Wat- emergency U.S. weapons shipments. To tions of CIA complicity in these two deaths, son acknowledged that ‘‘USG-supplied heli- make matters worse, a report by the Wash- ‘‘while U.S. public attention was distracted copters were being used in Chiapas,’’ but ar- ington Office on Latin America (WOLA) indi- by civil wars in El Salvador and Nicaragua, gued that their use was acceptable because cated that ‘‘witnesses claim that the attacks the CIA and U.S. military trained and ‘‘[s]enior officials assured our Embassy that were not aimed at guerrilla camps, as the equipped anti-communist military forces the helicopters were use in a logistical, military said, but at civilian settlements.’’ widely believed to have killed more than noncombat role.’’[58] Since a ‘‘logistical’’ In a statement that proved to be prophetic, 100,000 peasants during a decades-long sim- function for the U.S.-supplied helicopters WOLA Executive Director Alexander Wilde mering insurgency, according to U.S. intel- could include the militarily essential task of warned in a June 1990 congressional hearing ligence, military, and diplomatic officials.’’ transporting troops and equipment to the that funneling U.S. aid to the Colombian Once the Cold War aura of anti-communist front, the assertion regarding a ‘‘noncombat armed forces under the guise of fighting ‘‘legitimacy’’ is removed from these activi- role’’ is misleading at best. drugs would just ‘‘further fuel the crisis of ties, an objective view of the behavior of In March of 1994, the San Antonio Express- human rights abuse [in Colombia] . . . and U.S.-backed Guatemalan forces reveals that News reported that the Mexican government undermine political stability, by strengthen- they have been engaged in a campaign of sys- was ‘‘quietly importing millions of dollars ing the Colombian armed forces.’’ Five years tematic terror against their own people for worth of riot control vehicles across the and hundreds of millions of dollars in U.S. over three decades.[54] Texas border, apparently in preparation for military aid later, Colombia has made little As if the obscene spectacle of U.S. govern- any civil unrest after the late-summer presi- progress in stemming the flow of cocaine ment funds supporting the murder of a U.S. dential election.’’ The systems imported from its territory to the United States; in citizen were not evidence enough that U.S. from the United States included the 17-ton fact, in March of 1995 the Clinton Adminis- arms policies towards Guatemala have gone Cobra riot control vehicle, equipped with tration stopped just short of cutting off all seriously awry, subsequent revelations about water cannon and dye guns that can be used U.S. aid to Colombia as punishment for the the CIA’s role in Guatemala raise even more to ‘‘mark’’ troublesome demonstrators for current government’s lackluster efforts to troubling questions. later identification by the police; and the 12- bring members of the drug cartels to jus- From 1986 through 1991, the United States ton Textron armored water cannon, which tice.[62] accounted for 86 percent of all weaponry im- can spray with an impact of 120 pounds at a When tensions between Ecuador and Peru ported by the Guatemalan military. In re- range of up to 50 feet. Pro-democracy activ- erupted into a full-scale border war in Janu- sponse to ongoing human rights abuses in ists in Mexico roundly condemned the sale. ary of 1995, it marked the latest case in H 5510 CONGRESSIONAL RECORD — HOUSE May 24, 1995 which the United States has provided sub- correspondents at the presidential palace in Yemeni government also had access to 11 F– stantial amounts of weaponry to both sides Lima, Fujimori noted that one of the Peru- 5E fighters, 50M60A1 tanks, and 70 M113 ar- of a conflict. vian aircraft that was shot down in the air mored personnel carriers that it had inher- Ecuador received over $111 million in U.S. war with Ecuador was an A–37 attack plane, ited from the government of North Yemen (a Military equipment between F.Y. 1984 and a U.S. counterinsurgency aircraft that is former U.S. ally) when North and South F.Y. 1993. U.S. shipments accounted for more manufactured by the Cessna division of Tex- Yemen merged. Despite reports that the U.S. than 33% of all Ecuadorean weapons imports tron and nicknamed the ‘‘Dragonfly.’’[67] government withheld spare parts for U.S. in the most recent five year period, and 50% In Asia, the fastest growing arms market systems during the conflict, at least four of of all such shipments from 1991 through 1993. in the world, U.S. weapons are playing a the F5–Es and an unknown number of the In the five years following the announce- central part in a critical conflict as well. U.S.-supplied tanks and armored personnel ment of the Bush Administration’s Andean The government of the Philippines has carriers were utilized in the conflict. [72] been waging counterinsurgency campaigns antidrug initiative, Ecuador has received $21 III. Strengthening Potential Adversaries: million in security assistance from the Unit- against the New People’s Army (NPA) and The Boomerang Effect ed States, including military grants and several other indigenous guerrilla move- training, giveaways of excess U.S. Defense ments for over two decades. The United One of the most striking features of U.S. equipment, and balance of payments assist- States has taken sides in this civil war by arms sales policy since the end of the Cold ance under the Economic Support Fund pro- supplying the Philippine government with War has been the regularity with which U.S.- gram (ESF).[63] A passage on the aid pro- over $619 million worth of U.S. weaponry supplied weapons have ended up in the hands gram for Ecuador in the 1993 edition of the over the past decade. The U.S. supplied 93% of U.S. adversaries. The last four times the joint Pentagon/State Department Congres- of the Philippine government’s arms imports United States has sent troops into conflict in sional Presentation on Security Assistance from 1987 through 1991, dropping to 75% for substantial numbers—in Panama, Iraq, So- provided an ironic foreshadowing of precisely the period from 1991 through 1993.[68] malia, and Haiti—they faced forces on the how the U.S. Weaponry provided to that na- While there has been no detailed account- other side that had received U.S. weapons, tion for the fight against drugs would prove ing of the role of U.S. weapons and training training or military technology in the period useful in its 1995 jungle border war with in the civil war in the Philippines, it is clear leading up to the outbreak of hostilities. Peru: that at least some of the equipment being While representatives of arms exporting ‘‘The proposed FY 93 FMF [Foreign Mili- supplied by the United States has direct ap- companies have argued that this ‘‘leakage’’ tary Financing] program will provide vehi- plications to counterinsurgency, and that of U.S. weaponry to potential adversaries cles, aircraft spare parts, and communica- the United States government has gone to has been minimal (see section II, above), the tions equipment to improve military mobil- some effort to obscure this fact. For exam- statistical evidence tells a different story. ity in remote regions. It will also provide ple, when the United States made its first re- Panama: When President Bush ordered weapons and ammunition.’’[64] port to the United Nations arms register in U.S. troops into Panama in December of 1989 This increased mobility apparently proved 1993, it indicated a delivery of nine ‘‘combat to capture Panamanian President Manuel useful to Ecuadorean forces during the early aircraft’’ to the Philippines, with no further Noriega and bring him back to the United weeks of the war, as they seized a decidedly description. When the Philippines reported States to face trial on charges of drug traf- remote border zone in the Amazon jungle. on its weapons imports for that same year, ficking and money laundering, they faced a When Peru counterattacked to win back they indicated receipt of 19 (not nine) com- Panamanian defense force that had been to a the captured territory, its armed forces were bat aircraft, and they identified the planes considerable extent made in the U.S.A. Pan- also well equipped with U.S. Weaponry. Al- as Rockwell OV–10A Broncos, an aircraft de- ama received $33.5 million in U.S. weaponry though U.S. Military aid to Peru has been an signed specifically for counterinsurgency under the FMS and commercial sales pro- on again, off again affair in recent years due missions. [69] In early April, the Inter- grams during the 1980s, and the U.S. ac- to questions raised by Peruvian President national Herald Tribune reported that Phil- counted for 44% of Panama’s weapons im- Alberto Fujimori’s imposition of martial ippine forces had used U.S. supplied Broncos ports in the five years leading up to the inva- law, the United States still managed to ship to conduct bombing raids against Muslim sion. Equally important, a large part of the $136 million worth of military equipment to guerrilla forces near the city of Zamboanga. Panamanian officer corps had been trained Peru between F.Y. 1984 and F.Y. 1993. In all, [70] by the United States military: from 1950 U.S. sources supplied 6% of Peru’s total arms The war in Afghanistan is not the only in- through 1987, 6,695 Panamanian military per- imports between F.Y. 1987 and F.Y. 1991, in- stance of U.S. covert weapons assistance sonnel received training under the Penta- creasing slightly to 8.5% between 1991 and being misused long after the original purpose gon’s International Military Education and 1993. Protestations over Fujimori’s record of that assistance has passed. In Angola, Training program (IMET), at a cost of $8.3 notwithstanding, the United States supplied where the U.S. provided approximately $250 million.73 Although U.S. troops encountered over $293 million in security assistance to million in covert weapons shipments to minimal resistance in their effort to capture Peru between F.Y. 1990 and F.Y. 1994, mostly Jonas Savimbi’s UNITA movement between Noriega, the Panama invasion was the first in the form of cash payments under the Eco- 1986 and 1991, U.S.-supplied systems were uti- incident in a disturbing pattern that has nomic Support Fund (ESF) program.[65] A lized extensively in UNITA’s efforts to shoot characterized every major U.S. military presentation to Congress on the F.Y. 1992 aid its way into power and overturn the results intervention since the end of the Cold War: proposals for Peru provides a capsule sum- of U.N.-sponsored elections. A November 1994 U.S. forces going into battle against forces mary of the kinds of assistance and training report by Human Rights Watch notes that that have been armed or trained by their that the United States has attempted to pro- ‘‘U.S.-made 106mm recoilless rifles mounted own government. vide to the Peruvian government and armed on four-wheel-drive vehicles have been par- Iraq: Despite recent efforts by the defense forces in the period leading up to the 1995 ticularly popular with UNITA.’’ The report industry and the Clinton Administration to border war with Ecuador: also recounts Angolan government asser- argue that the United States did not arm ‘‘The proposed FY 1992 FMF [Foreign Mili- tions that they have captured U.S.-made Iraq in the period leading up to the 1991 Gulf tary Financing] program will provide indi- antitank missiles, mortars, and grenade War, there is ample documentation dem- vidual troop equipment, small arms and launchers from UNITA forces. As in Afghani- onstrating that the Reagan and Bush admin- heavy weapons and ammunition, commu- stan, UNITA forces in Angola also received istrations supplied critical military tech- nications equipment, vehicles, river patrol Stinger antiaircraft missiles from the United nologies that were put directly to use in the boats and spare parts for previously-provided States during the 1980s, although the Bush construction of the Iraqi war machine. There aircraft and helicopters. ESF [Economic Administration apparently got the Stingers is also strong evidence indicating that the Support Funds] will provide balance of pay- back from UNITA by swapping them for executive branch’s failure to crack down on ments support and fund alternative develop- ‘‘less sensitive lethal equipment.’’ [71] As of illegal weapons traffickers or keep track of ment activities in coca-growing areas and ju- early 1995, it appeared that UNITA was fi- third party transfers of U.S. weaponry al- dicial reform activities. IMET [International nally prepared to put down its arms as part lowed a substantial flow of U.S.-origin mili- Military Education and Training] will pro- of a United Nations sponsored demobiliza- tary equipment and military components to vide professional military education, tech- tion plan; but the question remains whether make their way to Iraq.74 nical, management, and special police anti- the Angolan civil war could have been ended The differences in perception regarding the narcotics training, and training to improve years sooner with considerably less loss of degree to which the United States govern- military and police human rights prac- life if the United States and other major ment helped to arm Iraq center around the tices.’’[66] arms suppliers hadn’t provided hundreds of fact that the most significant U.S. contribu- Important elements of this ambitious aid millions of dollars worth of armaments to tions to the Iraqi military complex were not program were sidetracked in April of 1992 both sides in that twenty year conflict. through direct transfers of guns, tanks, heli- when President Fujimori imposed martial Last but not least, when a civil war erupt- copters, or other finished weapons systems, law, but previous U.S. weapons and training ed in Yemen at the end of 1994, reporting fo- but rather through supplies of so-called (not to mention hundreds of millions of dol- cused on Soviet-origin weaponry utilized by ‘‘dual use’’ technologies. This misunder- lars in aid provided under the Economic Sup- the government of Yemen, along with the standing was at the heart of the misleading port Fund program) left a substantial mark possibility that some of it had been main- press coverage of the Justice Department’s on the shape and size of the Peruvian armed tained with the assistance of Iraqi advisors. investigation of the BNL affair, a scandal in- forces. In a February 1995 briefing for foreign Less attention was paid to the fact that the volving provision of U.S.-guaranteed loans to May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5511 Iraq by the Atlanta branch of Italy’s state- its own cluster bomb factory, he apparently with respect to the sales to Iran. Bull’s most run Banca Nazionale del Lavoro. For exam- did so with the acquiescence of several agen- ambitious project, helping Iraq to build a ple, a headline in the New York Times an- cies of the U.S. government. According to ‘‘supergun’’ that would allegedly have been nounced that ‘‘Inquiry Finds No U.S. In- Nasser Beydoun, a Lebanese-born arms deal- capable of launching a projectile from Bagh- volvement in the Iraqi Arms Buildup,’’ and er who worked as Cardoen’s U.S. representa- dad to Tel Aviv, was cut short when he was the Washington Post reported that the Jus- tive, the CIA was aware of the deal but assassinated in March of 1990. [81] tice Department’s lead investigator, John ‘‘looked the other way’’ because Cardoen and One final example of U.S. government com- Hogan, had asserted that ‘‘Washington ap- his associates had been helpful in a covert plicity in the arming of Saddam Hussein is pears to have authorized the sale to Saddam CIA plan to provide missile technology to the case of Sarkis Soghanalian, who for only of some communications gear and a sin- South Africa. In addition, investigators for years worked as an arms dealer for Iraq out gle pistol.’’ In fact, the Justice investigators ABC News discovered that in 1986 the U.S. of offices based at the Miami airport. Among made it clear in their summary of findings Patent Office had improperly granted the deals that Soghanalian worked on from that their mandate was not to assess the ex- Cardoen a patent for his own version of a his U.S. base were a successful scheme to tent to which U.S. exports may have contrib- U.S. cluster bomb design, at a time when send 26 Hughes MD–50 helicopters to Iraq and uted to Iraq’s military production capabili- Chile was ineligible to receive cluster bombs a failed deal to procure Romanian uniforms ties but rather to ‘‘determine whether from the United States.[79] Howard Teicher, for Iraqi military forces. Soghanalian has chargeable crimes could be proved beyond a who served on Ronald Reagan’s National Se- maintained publicly that his arms deals with reasonable doubt.’’ The report went on to curity Council from 1982 to 1987, has made Iraq were not challenged during the 1980s be- note that ‘‘[b]ecause our inquiry was limited even more explicit charges of U.S. involve- cause key U.S. government agencies were in that way, this report is not intended ei- ment in Cardoen’s scheme to ship cluster ‘‘in on the deal,’’ a claim that is lent some ther to criticize or to approve of any policy bomb technology to Iraq. In a recent sworn credence by the fact that he operated so decisions.’’[75] statement filed in federal court in Miami, openly as an arms procurement agent for To craft a policy for the future that avoids Teicher asserts that under the direction of Saddam Hussein without any interference ‘‘another Iraq,’’ it is necessary to undertake William Casey, the CIA ‘‘authorized, ap- from U.S. intelligence or law enforcement precisely the task that the Justice Depart- proved, and assisted’’ Cardoen’s effort to give agencies. He was finally convicted on ment’s investigators viewed as outside their cluster bombs to Iraq, because Casey be- charges of illegally selling helicopters to purview: a critical analysis of the policy- lieved that the weapons would be ‘‘the per- Iraq in the fall of 1991, long after his services making process regarding transfers of mili- fect force multiplier’’ for Iraq to fight off as one of Saddam Hussein’s most valued tarily useful equipment to the Baghdad re- Iran’s strategy of sending ‘‘human waves’’ of arms brokers had been rendered irrelevant gime during the period from 1985 through attackers against Iraqi positions during the by Iraq’s defeat in the Gulf War. [82] 1990. As for the types of equipment that were Iran/Iraq war.[80] Whether due to oversight When he learned of the details of U.S. gov- approved for sale to Iraq, the Justice Depart- or wilful negligence, U.S. government agen- ernment acquiescence in Gerald Bull’s var- ment report acknowledges that hundreds of cies helped smooth the way for Cardoen’s ious illegal arms transactions at the height dual use items with applications to military transfer of U.S.-origin cluster bomb know- of the Gulf conflict, Rep. Howard Wolpe (D– production were approved for export to Iraq how to Iraq. in the five years prior to the Gulf conflict of Another major source of weapons for Iraq MI) reacted angrily, with a statement that 1990–91. The Iraq issue was never about pis- was Canadian-born artillery specialist (and could just as easily been applied to the whole tols—it has always been about the transfer naturalized U.S. citizen) Gerald V. Bull. Dur- executive branch approach to private arms of weapons production technology. ing the 1970s Bull ran his firm, the Space Re- dealers and producers like Cardoen, Bull, and The first step in understanding the United search Corporation, on a 10,000 acre site on Soghanalian: States contribution to the Iraqi military the Vermont/Canadian border. It was here ‘‘The bottom line here is that because we buildup prior to the 1991 Gulf War is to look that he developed the technology for the G– have been so lax in our enforcement of Amer- at the concept of dual use technologies. Dual 5 155mm howitzer, a state-of-the-art artillery ican laws we are now finding American-made use items include everything from unarmed piece notable for its extensive range. Bull re- technology in the hands of the Iraqi forces light aircraft or helicopters that can be ceived considerable help at key stages in his that are pointing their cannons at American adapted to military uses, to instruments of career from various agencies of the U.S. gov- soldiers. That’s outrageous.’’ [83] torture like thumbscrews, to equipment like ernment. Before he set up his U.S.-based Somalia: The U.S. arms supply relation- computers, machine tools, and measuring de- company, he was granted U.S. citizenship ship with Somalia presents a textbook case vices that can be applied to the production under a rare special act of Congress spon- of what can go wrong when short-term polit- and testing of civilian or military products. sored by Sen. Barry Goldwater (R–AZ). Dur- ical interests outrank long-term strategic Between 1985 and 1990, the U.S. Department ing the period when Bull was perfecting his considerations in U.S. arms transfer deci- of Commerce granted licenses for more than howitzer design, Space Research benefited sionmaking. From the end of the Carter Ad- $1.5 billion in dual use exports to Iraq, more from millions of dollars worth of contracts ministration in 1979 through beginning of the than $500 million of which was delivered be- from the U.S. Army. According to former Bush Administration in 1989, the regime of fore the outbreak of the Gulf War in August CIA Angola station chief John Stockwell, in Maj. Gen. Mohammed Siad Barre received of 1990.[76] Under pressure from Congress and the mid-1970s Bull was assisted by the CIA in roughly $1 billion in U.S. military and eco- the public, in March 1991 the Commerce De- setting up a lucrative deal with to supply nomic aid, including $154 million in weapons partment released a list of the dual use li- howitzers, artillery shells, and howitzer pro- deliveries under the foreign military sales censes it granted for exports to Iraq in the duction technology to South Africa for use and commercial sales programs. U.S. arms five years leading up to the conflict. Even a in its war against the government of Angola. deliveries accounted for 31% of Somalia’s casual perusal of the list makes it evident When this deal was uncovered, Bull was pros- arms imports from 1985 to 1989, making the that many of these items were put directly ecuted for violations of U.S. arms export United States Somalia’s top weapons sup- to work in Iraq’s military research and pro- laws and served four and one-half months in plier during the period leading up to the duction network. In addition to items that the U.S. federal prison at Allenwood, Penn- overthrow of the Barre regime and the out- were licensed for export to obvious military sylvania. However, the Customs Service in- break of clan warfare in Somalia.[84] end users like the Iraqi Air Force or the vestigator who made the case against Bull The rationale for U.S. arms aid to Somalia Iraqi Atomic Energy Agency, the list in- has argued that the Justice Department let was pure Cold War geopolitics. The Carter cluded numerous licenses for equipment that Bull off relatively easily because his illegal Administration decided that Somali ports was being sent to Saad 16, a military produc- acts were linked to a CIA covert operation. and airfields would be useful as stepping tion complex south of Baghdad that is After Bull was released from prison in 1980, stones for a potential military intervention known, among other things, as the center for he set up shop in Belgium, marketing his in the Middle East by the new U.S. Rapid De- Iraq’s research and production work on bal- howitzer technology to a customer list that ployment Force (since renamed and reorga- listic missiles.[77] Congressional investiga- included both China and Iraq. Because Bull nized as the Central Command). The Carter tors later learned that even this list, which was a U.S. citizen and his howitzer tech- and Reagan Administrations justified this revealed significant U.S. contributions to nology was developed in the United States, new arms relationship with Somalia (which Iraq’s defense industrial base, was incom- he was required under U.S. law to receive was a Soviet arms client during the 1970s) as plete and misleading; at least 68 entries had clearance from the State Department’s Of- a straight quid pro quo: U.S. arms were been changed to obscure their military appli- fice of Munitions Control in order to market swapped for access to Somalia military fa- cations.[78] this system internationally; despite his prior cilities such as the port of Berbera. An added While the Commerce Department’s licens- conviction for violating U.S. export laws, the argument for supplying the Somalia regime ing process provided the most direct channel State Department readily granted Bull was the fact the Somalia’s larger neighbor, for U.S. assistance to Iraq’s military build- clearance to sell his guns on the world mar- Ethiopia, had recently fallen out of the U.S. up, there were also significant transfers of ket. Iraq ended up purchasing Bull-designed orbit and allied itself with the Soviet Union. U.S. military technology and knowhow G–5 howitzers from both South Africa and A run through the executive branch’s jus- through indirect channels. When Chilean Austria. In the case of the Austrian sales, tifications to Congress from the 1980s for arms dealer Carlos Cardoen decided to sell U.S. officials were aware that the guns were shipping weaponry to Somalia provides a vir- Iraq $400 million worth of cluster bombs being sold to both Iran and Iraq, by lodged tual catalog of wishful thinking regarding along with the technology for Iraq to build protests with the Austrian government only how U.S. arms supplies might somehow turn H 5512 CONGRESSIONAL RECORD — HOUSE May 24, 1995 around what was obviously a rapidly deterio- and commercial sales programs. This seem- even in cases where the President sought an rating security situation. Time and again, ingly modest amount was significant by the exemption, members of Congress would be despite mounting human rights abuses and standards of Haiti, which maintains 7,000 forced to go on the record for or against, pro- an emerging civil war, Pentagon and State personnel in its armed forces and spends on viding a measure of public accountability Department officials justified the arms flow average only about $50 million per year on that rarely occurs that rarely occurs under to Siad Barre’s regime on the grounds that it its military budget. Of equal importance, current law. would ‘‘foster stability.’’[85] the most unin- during the past ten years the United States Under current procedures, if a major arms tentionally ironic statement of the U.S. pol- has trained 164 members of the Haitian offi- sale does not involve the provision of U.S. icy of ignoring instability in Somalia and cer corps. In addition, from 1986 through 1991, assistance, Congress can choose whether or pressing ahead with military-related assist- U.S. intelligence agencies were secretly arm- not to vote on the deal; failure to vote sig- ance was offered by the Bush Administration ing and training key military and intel- nals acquiescence in the sale. Of the 50 to 100 in a 1991 presentation to Congress: ligence officials in Haiti at a cost of up to $1 major arms sales notified to Congress each ‘‘Prior to the civil war, ended by a January million per year, allegedly for the purpose of year, the vast majority of them are not sub- 1991 coup, we urged the Siad Barre govern- assisting in the interdiction of illegal nar- jected to a vote, scrutizined in hearings, or ment to improve human rights, undertake cotics. Taking into account these secret debated on the floor of the Congress. And in real political reform and promote national weapons shipments, total U.S. arms deliv- the more than twenty years since Congress reconciliation. * * * Despite the adverse im- eries to Haiti during the period from 1987 first acquired the power to vote down arms pact of the civil war and the coup of U.S.-So- through 1991 exceeded 25% of total Haitian sales, it has never successfully done so. mali relations, our interests in the region re- arms imports. Key U.S.-designed equipment There have been a few ‘‘close calls’’ such as main the same. The new Somali government in the Haitian military’s inventory include the 1981 Saudi AWACS sale. There have also has expressed an interest in resuming bilat- six Cadillac Gage V–150 Commando armored been a few cases where the executive branch eral relations, and may be willing to under- personnel carriers (a vehicle specially tai- has withdrawn a deal or reduced it in size to take several democratic reforms which we lored for ‘‘riot control’’), two Cessna 337 air- avoid a battle with the Congress, such as the support’’.[86] craft armed with rockets, and a variety of 1986 decision by the Reason Administration This analysis was offered in support of of- naval equipment and small arms. [88] to forgo additional sales of F–15 aircraft to fering U.S. military training to the new So- While the Haitian mission proceeded re- Saudi Arabia (a decision which was reversed mali government. A new round of fighting markably smoothly, with minimal U.S. cas- by the Bush Administration when it offered within Somalia ensured shortly thereafter, ualties, the question remains whether past the Saudis 72 F–15s in 1992). But on the and a year and one-half later President Bush U.S. supplies of arms, training, and intel- whole, the current system has allowed tens sent U.S. troops to Somalia as part of a Unit- ligence resources to a series of military- of billions of dollars in arms sales to be made ed Nations force charged with imposing some dominated regimes in Haiti may have unnec- every year with very little in the way of con- semblance of order upon rival armed factions essarily complicated Haiti’s transition to de- gressional scrunity or public input. The Code that were threatening the delivery of hu- mocracy, calling forth an intervention that of Conduit bill would correct this deficiency manitarian relief to a beleaguered and mal- might have been prevented if sounder arms by stimulating the kind of vigorous public nourished Somali populace. From 1991 to transfer decisions had been made by the debate that should be a fundamental require- 1993, the United States has supplied 100% of United States during the 1970s and 1980s. ment for making decisions on transfers of all new weaponry imported by Somalia’s IV. Taking Control: Reforming the Arms weaponry that can have dangerous and un- governing coalition. foreseen consequences for United States and Transfer Decisionmaking Process When Siad Barre was overthrown in Janu- international security.[89] Contrary to recent claims of the Clinton ary of 1991, much of the weaponry that the Recommendation 2: Provide more detailed re- Administration and other key participants United States had so diligently supplied to porting on U.S. transfers of arms and mili- in the arms export debate, U.S. weapons are his government during the 1980s fell into the tary technology, and press for other nations decidedly not limited to responsible suppli- hands of the rival factions that carried on to do the same. ers who are using them strictly for legiti- the civil war that served as the rationale for Although the United States generally dis- the dispatch of U.S. troops to that nation in mate defensive purposes. When 90% of the world’s ongoing conflicts involve parties closes more information on sales of arms and December of 1992. Despite the usual asser- military technology than any other major tions that U.S. weapons deliveries to Soma- that have received U.S. weaponry; when the last four major U.S. troop deployments have weapons supplying nation, there are still a lia were largely ‘‘defensive’’ or ‘‘nonlethal’’ number of significant gaps in reporting that equipment, the U.S. provided significant been against adversaries that received arms, training, or military technology from the to make it difficult (and in some cases im- quantities of small arms, including 4,800 M– possible) to assess the potential impacts of 16 rifles, 84 106mm recoilless rifles, two dozen United States; and when U.S. weapons are utilized to kill innocent civilians and abuse U.S. transfers to a given regime. machine guns, 75 81mm mortars, and an un- At the high end of the trade, prospective human rights in Indonesia, Turkey, Angola, specified quantity of land mines. Larger sales of fighter planes, tanks, and advanced and Guatemala, something is clearly wrong weaponry included 24 M–113 armored person- attack helicopters, and other sophisticated nel carriers, 18 155mm towed howitzers, and with the arms transfer decisionmaking proc- systems are routinely reported to the Con- 448 TOW anti-tank missiles. The smaller ess. This section makes specific rec- gress for its approval or disapproval. How- items on this list, including the M–16s, ma- ommendations for promoting greater ac- ever, this information is not always made chine guns, recoilless rifles, and land mines, countability in arms transfer decisions, in readily available to the public in a timely were precisely the kinds of weaponry that the hopes of preventing a repetition of the fashion. During the 1970s, the unclassified were utilized by the forces of the warlord disastrous arms deals that have been docu- portions of all major proposed arms sales Mohammed Farah Aideed and other Somali mented in this report. were routinely reprinted in the Congres- factions in their fighting with U.S. and Unit- Recommendation 1: Pass the arms transfer Code sional Record, thereby allowing interested ed Nations troops posted to Somalia. While of Conduct bill members of the public to inform themselves the U.S. was far from the only supplier to In February of 1995, Senator Mark Hatfield about prospective weapons exports and make add to the atmosphere of armed chaos that (R–OR) and Representative Cynthia McKin- their voices heard to the Congress when it took hold of Somali society, U.S. weapons ney (D–GA) reintroduced legislation calling would still make a difference (Congress cur- delivered during the 1980s played a signifi- for the establishment of a Code of Conduct rently has thirty calendar days to disapprove cant role, first in supporting the regime of for U.S. weapons transfers (bill number H.R. or acquiesce in a given sale). This practice Siad Barre in its campaign of terror against 772 in the House and bill number S. 326 in the was discontinued in the early 1980s, allegedly his own population, and then in supporting Senate). Under the Code, governments that because of Pentagon concerns that releasing the warfighting capabilities of the Somali engage in aggression against their neighbors, this data would reveal too much information factions involved in the civil war that car- violate the human rights of their own citi- about the ‘‘order of battle’’ of U.S. weapons ried on after Barre was overthrown.[87] zens, come to power through undemocratic clients. In the interests of stimulating an in- Haiti: When President Clinton decided to means, or refuse to participate in the United formed debate, Congress should return to the dispatch U.S. troops to Haiti in late 1994 to Nations arms register would not be eligible practice of printing the details of all major clear the way for the restoration to power of to receive weaponry from the United States. arms sales proposals in the Congressional Haiti’s elected leader, Jean Bertrand If the President wanted to make an excep- Record.[90] Aristide, most of the media attention was fo- tion for a specific country on national secu- At the mid-to-low end of the trade, there is cused on the last minute shuttle diplomacy rity grounds, he would have to ask Congress no longer any regular U.S. government re- carried out by former President Jimmy to pass a bill providing an exemption for porting on the trade in small arms or ‘‘light Carter retired Gen. Colin Powell, and Sen- that nation. weaponry’’—the rifles, mortars, light vehi- ator San Nunn. There was very little discus- The benefits of the Code of Conduct would cles, land mines, and ammunition that are sion of the historic U.S. role in arming and be twofold. First, it would place consider- frequently the weapons of choice in today’s training the Haitian military and intel- ations and the character of a given arms re- ethnic conflicts and civil wars. This was not ligence forces that United States troops were ceipt and how that nation might use U.S. always the case. Up through fiscal year 1980, sent to keep in check. From F.Y. 1984 to F.Y. weaponry up front in the arms transfer the State Department issued an annual re- 1993, the United States delivered $2.6 million decisonmaking process, preventing sales to port under Section 657 of the Foreign Assist- worth of weaponry to Haiti under the FMS unstable regimes in the process. Second, ance Act that listed every item of military May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5513 equipment delivered from the United States hands of eventual U.S. adversaries in Pan- Recommendation 5: The Clinton Administration to any foreign country in the prior fiscal ama, Iraq, Somalia and Haiti (see sections (or its successor) should vigorously pursue a year, ranging from rifles and bullets on up to III and IV, above). In an attempt to prevent policy of multilateral arms transfer restraint advanced combat aircraft. The report was this ‘‘boomerang effect’’ from repeating it- designed to limit sales of conventional discontinued during the Reagan Administra- self in the future, Representative Cynthia weaponry to regions of conflict or repressive tion, but the information upon which it was McKinney sponsored a successful amend- regimes based is still regularly collected by the Pen- ment to the Fiscal Year 1995 Department of Contrary to the findings of the Clinton Ad- tagon’s Defense Security Assistance Agency Defense Authorization bill requiring the ministration’s new conventional arms trans- and the State Department’s Office of Defense Pentagon to report annually on how pro- fer policy, Presidential Directive 41, limiting Trade Controls. The section 657 report should posed arms transfers might create ‘‘in- the spread of weaponry to regions of conflict be reinstituted as an annual publication, to creased capabilities’’ on the part of potential should be the paramount priority governing provide a tool for keeping track of potential adversaries, and how they might ‘‘pose an in- U.S. arms transfer decisions in the post-Cold abuses of U.S.-supplied weaponry by undemo- creased threat’’ to U.S. forces in some future War era. Economic and defense industrial cratic regimes or nations at war with their base concerns should take a back seat to ef- neighbors. The report should be widely dis- conflict. The amendment also requires the Pentagon to ‘‘present alternative strategies forts to construct a multilateral arms export seminated in the Congress, the media, and control regime that can serve as a tool for for regional security based on mutual reduc- among interested members of the general preventing conflicts, and for limiting their tions in the size, spending, and capabilities public.[91] duration and severity once they break out. of forces and among agreements among arms Finally, a full accounting of U.S. arms At a time when the United States controls transfer policy must include regular, de- supplying nations to join the United States 72% of new arms sales agreements with the tailed reporting on U.S. transfers of so-called in reducing or halting military cooperation developing world, U.S. leadership remains an ‘‘dual use’’ equipment—items such as ad- activities.’’[93] Representative McKinney’s essential prerequisite for any meaningful vanced machine tools and computers, meas- amendment represents an important first multilateral arrangement for limiting the uring instruments, or unarmed light heli- step toward shifting the terms of the debate flow of conventional armaments.[96] copters and aircraft. These items can either over U.S. arms transfers toward consider- FOOTNOTES be adapted for military use, or, more impor- ation of the long-term dangers of unre- tantly, utilized to build advanced weapons strained weapons trading rather than the ap- 1. On this point see Lora Lumpe, ‘‘Arms and No In- systems. If Congress and the public had been fluence,’’ Arms Sales Monitor, No. 27, Washington, parent short-term political and economic DC, Federation of American Scientists, November aware of the particulars of the nearly $1.5 payoffs of a given arms deal. billion in dual use export licenses that the 30, 1994; and Dr. Louis J. Samuelson, editor, The Management of Security Assistance (Wright Patter- Commerce Department granted to companies As a further step in the right direction, the Pentagon and the Central Intelligence Agen- son Air Force Base, Dayton, Ohio: April 1991), p. 51. seeking to sell equipment to Iraq during 1985 2. Richard F. Grimmett, Conventional Arms through 1990, some of the more dangerous cy should be required to file annual reports Transfers to the Third World, 1986–1993, (Washing- items on the list might not have been ap- on how U.S.-supplied weaponry is being put ton, DC: Congressional Research Service, July 1994). proved for sale. In keeping with the findings to use in current conflicts, either by the 3. The list of fifty conflicts was compiled by the of a 1991 Congressional review of U.S. export original recipients, or as the result of unau- author, drawing upon the following sources: Ted procedures in the wake of the Persian Gulf thorized transfers to third parties. These re- Robert Gurr, ‘‘Peoples Against States: Ethnopolitical Conflict and the Changing World Sys- War, legislation should be passed requiring ports could serve as a running record of the tem,’’ International Studies Quarterly, Vol. 38, No. the Commerce Department to make public consequences of past U.S. weapons trading 3, September 1994, pp. 347–377; Peter Wallensteen and the details of its dual use licensing decisions, activities, and they would hopefully inject a Karen Axell, ‘‘Mayor Armed Conflicts,’’ in SIPRI including the type of equipment and com- note of caution into Congressional debates Yearbook 1994 (New York: Oxford University Press, pany involved, the value of the proposed over new proposed transfers. The institution 1994), pp. 81–95; and David Binder and Barbara Crossette, ‘‘As Ethnic Wars Multiply, U.S. Strives sale, and the institution within the recipient of this reporting mechanism would mark a country slated to receive that equipment.[92] for a Policy,’’ New York Times, February 7, 1993. sharp break from past practice, which indi- The list utilized in this study includes all ‘‘major If these steps toward greater transparency cates that in some instances the intelligence conflicts,’’ defined by SIPRI as ‘‘prolonged combat regarding U.S. transfer of weapons and mili- community hasn’t even been keeping close between military forces of two or more govern- tarily useful technology are implemented, tabs on its own covert weapons shipments, ments, or of one government and an organized the United States will be in a much stronger much less reporting them to the Congress or armed group, and incurring the battle-related position to press for increased reporting by deaths of at least 1,000 people during the entire con- the public. For example, the Justice Depart- other major suppliers. flict. This study also covers all but a handful of the ment’s final report of its investigation of the The United Nations arms register cur- smallest wars covered in Gurr’s list of ‘‘Serious and rently excludes reporting on important cat- U.S. role in arming Iraq contained the fol- Emerging Ethnopolitical Conflicts in 1993–94.’’ Gurr’s list uses a more inclusive standard, namely egories such as small arms and dual use lowing troubling description of the CIA’s handling of information on its arms sales ac- deaths incurred ‘‘directly through fighting or mas- technologies. The Clinton Administration sacres or indirectly through starvation, disease, and should press to have small arms added to the tivities: ‘‘Is one instance, it took the CIA displacement, from the beginning of its current UN arms register, so that the weapons of two months to identify the intended recipi- phase through mid-1993.’’ choice in today’s ongoing wars are covered ent of weapons shipped at the CIA’s re- 4. Wallensteen and Axell, op. cit., p. 80. by this important international monitoring quest.’’[94] 5. Because the Peru-Ecuador border war erupted in mechanism. For dual use items, in addition January of 1995, it is not covered in the statistical Recommendation 4: Outlaw covert weapons appendix, but it is discussed in the text (see section to pressing for consultation on sale of major shipments II, below). items in the context of developing a succes- 6. Outside of the major producers in the developed sor regime to the Cold War-era Coordination From Iran/contra to the arming of Iraq to world—the United States, Russia, Germany, France, Committee on Multilateral Export Controls the ongoing proliferation of weapons origi- Italy and the United Kingdom—there are only a (Cocom), the administration should press for nally intended for Afghan rebel movements, handful of nations that can be considered self-suffi- cient (or nearly so) in armaments production. If one some form of international, public reporting covert weapons trafficking has been the driv- system on dual use sales. This might take considers only smaller, less sophisticated systems ing force behind a series of unmitigated for- such as rifles, mortars, and light military vehicles, the form of an annual report by the members eign policy fiascoes. the number of countries with significant indigenous of a Cocom successor regime detailing major production capabilities increases to perhaps two to dual use licenses granted during the previous Whatever rationale there may have been three dozen. But even in these cases it is clear that year, or a voluntary reporting mechanism for covert weapons trading during the Cold arms imports have a substantial impact on the lev- that could run in parallel to the United Na- War, it is no longer a viable policy instru- els at which violent conflicts can be sustained. Un- tions arms register. ment in today’s unpredictable international fortunately, trade in small arms (also referred to as security environment. The cases of covert ‘‘light weapons’’ by some analysts) is the least well Recommendation 3: The Pentagon and the intel- documented aspect of the international arms trade, ligence community should publish regular weapons trading gone awry that have been even though it probably accounts for the bulk of the reports on the use of U.S.-supplied weap- documented in this report—Afghanistan, weapons systems that are actually utilized in cur- onry in ongoing conflicts Iran/contra, Iraq, Guatemala, and Haiti— rent ethnic conflicts. For two recent accounts of the provide ample indication that secret wheel- state of the small arms trade, see Jeffrey Boutwell, All too often, U.S. weapons are supplied on Michael T. Klare, and Laura Reed, editors, Lethal a ‘‘fire ‘em and forget ‘em’’ basis: the deci- ing and dealing in weapons does more harm than good, both by subverting the demo- Commerce: The Global Trade in Small Arms and sion to sell is made basis on short-term po- Light Weapons (Cambridge, MA: American Academy litical, strategic, or economic consider- cratic conduct of U.S. foreign policy and by of Arts and Sciences, 1995); and Swadesh Rana, ations, with little thought given to how damaging U.S. credibility and standing in Small Arms and Intrastate Conflicts (New York: these arms might be used a few years down the international community. As part of his United Nations Centre for Disarmament Affairs, the road. The classic cases of this syndrome restructuring of the CIA, President Clinton February 1995). In addition, the Arms Project at should shut down its covert operations direc- Human Rights Watch has done pathbreaking case are the ‘‘runaway weapons’’ that U.S.-backed studies on the trade in small arms that have been Afghan rebel forces have been putting up for torate and press for legislation outlawing all used in massacres and systematic human rights vio- sale on the world market during the 1990s forms of secret weapons trading by any U.S. lations, most notably Arming Rwanda: The Arms and U.S. arms supplies that fell into the government agency.[95] Trade and Human Rights Abuses in the Rwandan H 5514 CONGRESSIONAL RECORD — HOUSE May 24, 1995 War (New York: Human Rights Watch Arms Project, 25. ‘‘Turkey Unleashes a Massive Raid on Kurdish 54. R. Jeffrey Smith and Dana Priest, ‘‘In Wash- January 1994). Bases in Turkey,’’ International Herald Tribune, ington: Covert Aid Undermined Public Outrage,’’ 7. This narrow emphasis on preventing transfers to March 21, 1995. Washington Post, April 2, 1995. ‘‘rogue states’’ is at the heart of the Clinton Admin- 26. Ibid. 55. Tim Weiner, ‘‘Guatemalan Agent of CIA Tied to istration’s approach to arms sales, as embodied in 27. Department of Defense News Briefing by Den- Killing of American,’’ New York Times, March 23, Presidential Directive 41, which was released in Feb- nis Boxx, March 21, 1995, official DoD transcript. 1995; Tim Weiner, ‘‘CIA’s Workaday Cloak,’’ New ruary of 1994; in addition, the Clinton foreign policy 28. ‘‘Turkey Unleashes,’’ op. cit., note 25; ‘‘Turkish York Times, April 5, 1995; and Tim Weiner, ‘‘Re- team has maintained the Bush Administration dou- Army Readies Final Assault on Kurd Pockets,’’ tracting Words, White House Halts CIA Money to ble standard of denouncing Russia and China for par- International Herald Tribune, March 25–26, 1995; and Guatemala,’’ New York Times, April 5, 1995. ticular weapons deals they have entered into the John Barham, ‘‘Turkish Army Invades Iraq to 56. Alan Nairn, ‘‘CIA Death Squad,’’ The Nation, Middle East and Asia at the same time that the Strike at Turkish Bases,’’ Financial Times (London), April 17, 1995. United States dominates the overall arms market in March 21, 1995. 57. The Warren Rudman quote is cited in Michael each of these regions. For a critical analysis of the 29. John Pomfret, ‘‘Turkey’s Hunt for the Kurds: T. Klare and Peter Kornbluh, Low Intensity War- ‘‘rogue state’’ strategy, see Michael T. Klare, Rogue The Making of a Quagmire?’’, Washington Post, April fare: Counterinsurgency, Proinsurgency, and States and Nuclear Outlaws: America’s Search for a 2, 1995. Antiterrorism in the 1980s (New York: Hill and 30. Ibid. New Foreign Policy (New York: Hill and Wang, 1995). Wang, 1988), p. 19. 31. ‘‘UN Evacuates Kurds from Path of Turkey’s 58. ‘‘Mexico: The Uprising in Chiapas and Democ- 8. It is a commonplace in discussions with rep- Offensive,’’ International Herald Tribune, March 27, ratization in Mexico,’’ Hearings Before the Sub- resentatives of U.S. industry and arms sales policy- 1995; ‘‘Turkey Plays Down Criticism of Assault,’’ committee on the Western Hemisphere of the Com- makers in Washington to hear the refrain that ‘‘the International Herald Tribune, March 29, 1995; and mittee on Foreign Affairs, U.S. House of Representa- French will sell to anybody,’’ or words to that ef- Pomfret, ‘‘Turkey’s Hunt,’’ op. cit. tives, February 2, 1994 (Washington, DC: U.S. GPO, fect. While criticism of French arms transfer policy 32. Suna Erdem, ‘‘Iraqi Kurds Say Turkey Torched 1994), p. 103. is certainly justified by France’s recent record of Their Town,’’ Washington Post, March 30, 1995. 59. John MacCormack and Carmina Danini, ‘‘Mex- providing arms that were used in devastating wars 33. ‘‘Turkey Unleashes,’’ op. cit. ico Importing Riot Control Vehicles,’’ San Antonio such as the 1991 Gulf conflict and the slaughter in 34. ‘‘Germany Withholds Materiel Over Drive on Express-News, April 27, 1994. Rwanda, Paris is hardly the only world power that Kurds,’’ International Herald Tribune, March 30, 1995. 60. Ray Sanchez, ‘‘Mexican Army Maneuvers In— needs to reexamine its weapons export practices. 35. David Morrison, ‘‘Turkish War Concern for Crackdown Overshadows Elections,’’ New York 9. Richard M. Nixon, The Real War (New York: America,’’ National Journal, April 15, 1995. Newsday, February 13, 1995; see also Appendix Table Random House, 1980), p. 197. 36. U.S. Cluster Bombs for Turkey, op. cit., pp .9– I. 10. On aggression by U.S. arms clients during the 10; and Thomas W. Lippman, ‘‘Rights Group Seeks 61. Washington Office on Latin America, Clear and Nixon era see William D. Hartung, And Weapons for to Block Proposed Cluster-Bomb Sale to Turkey,’’ Present Dangers: The U.S. Military and the War on All, (New York: HarperCollins, 1994), pp. 25–26. Washington Post, December 28, 1995. Drugs in the Andes, (Washington, DC: WOLA, Octo- 11. Steven R. Weisman, ‘‘Reagan Lifts Ban on 37. ‘‘Turkish Aid Says Troops Have Left Iraq,’’ ber 1991), p. 1. Sending Israel 16 Jet War Planes,’’ New York Times, New York Times, May 5, 1995. The article actually 62. Testimony of Alexander Wilde, Executive Di- August 18, 1981; and Lee Lescaze, ‘‘Reagan Lifts Ban cites conflicting reports from two different Turkish rector, Washington Office on Latin America, to the on Delivery of 16 Jets to Israel,’’ Washington Post, officials—Turkish Defense Minister Mehmet Golhan Subcommittee on Western Hemisphere Affairs, Com- August 18, 1981. is quoted as saying ‘‘We have no one there . . . We mittee on Foreign Affairs, U.S. House of Representa- 12. On this point see Chapter 13, ‘‘Clinton Policy: have withdrawn them all and we only have security tives, June 6, 1990; Daniel Williams, ‘‘Colombia Re- Arms Control or Business As Usual?’’ in William D. measures on the border.’’ However, the article goes mains Ally in Drug Fight,’’ Washington Post, March Hartung, And Weapons for All (New York: on to indicate that ‘‘Deputy Prime Minister Hikmet 2, 1995; and ‘‘No Hail to Colombia,’’ (unsigned edi- HarperCollins, paperback edition, 1995). Cetin said . . . that a few troops still remain in torial), Washington Post, March 6, 1995. 13. Statement of Lt. Gen. Teddy G. Allen, Direc- Northern Iraq, but he did not give details.’’ 63. Data on U.S. aid and arms transfers to Ecuador tor, Defense Security Assistance Agency, before the 38. John Pomfret, ‘‘Turkish Premier Assails Kurd- is from U.S. Department of Defense, Defense Secu- Subcommittee on International Economic Policy, ish Attack’s Critics,’’ Washington Post, April 5, 1995. rity Assistance Agency, Foreign Military Sales, For- Trade, Oceans, and Environment of the Committee 39. Kenneth Katzman, ‘‘Afghanistan: U.S. Policy eign Military Construction Sales, and Military As- on Foreign Relations, United States Senate, June 16, Options,’’ Congressional Research Service Issue sistance Facts as of September 30, 1993 (Washington, 1993. Brief, November 29, 1993, p. 15. DC: DSAA, 1994); and U.S. Arms Control and Disar- 14. Wording of the administration’s policy goals is 40. Ted Galen Carpenter, ‘‘The Consequences of Af- mament Agency, World Military Expenditures and taken verbatim from ‘‘Fact Sheet: Conventional ghanistan,’’ World Policy Journal, Vol XI, No. 1, Arms Transfers, 1991–92 (Washington, DC: U.S. GPO, Arms Transfer Policy,’’ White House Press Office, Spring 1994, p. 77. 1994), Table III. Washington, DC, February 17, 1995. 41. Jim Hoagland, ‘‘No More Frankensteins,’’ 64. U.S. Department of State and U.S. Department of Defense, Congressional Presentation on Security 15. Ibid. See also Thomas E. Ricks, ‘‘Arms Sales to Washington Post, July 13, 1993. Assistance, F.Y. 1993, (Washington, DC: U.S. Depart- Take Into Account Effect on Industry,’’ The Wall 42. Tim Weiner, ‘‘U.S. Will Try to Buy Antiaircraft ment of State/Department of Defense, 1992), p. 156. Street Journal, November 16, 1994. Missiles Back From Afghans,’’ New York Times, 65. Information on U.S. military assistance and 16. Don Fuqua, President, Aerospace Industries As- July 24, 1993; on the ties of the World Trade Center arms transfers to Peru is taken from appendix Table sociation, ‘‘Merchants of Peace,’’ Aerospace Indus- suspects to Afghan weapons training camps, see I; data on assistance under the Economic Support tries Association Newsletter, Volume 7, Number 5, Caryle Murphy, ‘‘U.S. Policies Trouble Egypt,’’ Fund program is taken from U.S. Department of De- November 1994, p. 3. Washington Post, August 1, 1993 and Tim Weiner, fense and U.S. Department of State, Congressional 17. Ethan Kapstein, ‘‘America’s Arms Trade Mo- ‘‘Blowback from the Afghan Battlefield,’’ New York Presentation, op. cit., editions for F.Y. 1990 through nopoly,’’ Foreign Affairs, Vol. 73, No. 3, May/June Times Magazine, March 13, 1994. F.Y. 1994. 1994, p. 18. 43. William D. Hartung, ‘‘Proliferation’s Profit- 66. U.S. Department of State and U.S. Department 18. See appendix A, Table I for details on U.S. eers,’’ CEO/International Strategies, February/ of Defense, Congressional Presentation for Security transfers to fifty current conflicts. Data used for March 1993. Assistance, F.Y. 1992 (Washington, DC: U.S. Depart- this analysis is drawn from two principal sources: 44. Molly Moore, ‘‘Missile Buyback Stumbles,’’ ment of State/Department of Defense, 1991), p. 252. U.S. Department of Defense, Defense Security As- Washington Post, March 7, 1994; and Tim Weiner, 67. James Brooke, ‘‘Ecuador and Peru Trade Air sistance Agency, Foreign Military Sales, Foreign Mili- ‘‘U.S. Will Try to Buy Back Antiaircraft Missiles Strikes Along the Border,’’ New York Times, Feb- tary Construction Sales, and Military Assistance Facts from Afghans,’’ op. cit. ruary 12, 1995. as of September 30, 1993 (Washington, DC: DSAA, 45. David Rogers, ‘‘U.S. to Buy Back Some of Mis- 68. See appendix Table I. 1994), tables 2 and 6; and U.S. Arms Control and Dis- siles Held by Afghans,’’ Wall Street Journal, Janu- 69. United Nations Register of Conventional Arms: armament Agency, World Military Expenditures and ary 15, 1993. Report of the Secretary General (New York: United Arms Transfers, 1991–92 (Washington, DC: U.S. GPO, 46. Weiner, ‘‘U.S. Will Try to Buy Back . . .,’’ op. Nations General Assembly, October 11, 1993), pages 1994), Table III. For further details on sources, see cit. 83 and 111. the footnotes to Table I in Appendix A, below. 47. Human Rights Watch Arms Project, India: 70. ‘‘Philippine Planes Bomb Guerrillas,’’ Inter- 19. See Appendix A, Table I. Arms and Abuses in Indian Punjab and Kashmir, national Herald Tribune, April 21, 1995. 20. Human Rights Watch Arms Project, U.S. Clus- (Washington: Human Rights Watch, September 1994), 71. Human Rights Watch Arms Project, Angola: ter Bombs for Turkey?, (New York: Human Rights pp. 5–11. Arms Trade and Violations of the Laws of War Since Watch, December 1994), p. 9. 48. Christopher Smith, ‘‘Light Weapons: The For- the 1992 Elections (New York: Human Rights Watch, 21. Ibid., p. 11; see also British American Security gotten Dimension of the International Arms Trade,’’ November 1994), p. 47. Information Council, Fueling Balkan Fires: The West’s in Brassey’s Defence Yearbook 1994 (London: Center 72. Philip Finnegan, ‘‘Yemen’s Iraqi Use Irks U.S., Arming of Greece and Turkey, Project on the Arms for Defence Studies, 1994), pp. 280; and Human Rights Defense News, December 5–11, 1994. Trade Report 93.3, (Washington, DC: BASIC, 1993), Watch, India: Arms and Abuses, op. cit., pp. 12–13; 73. U.S. Department of Defense, Defense Security and British American Security Information Council, and Kenneth Katzman, ‘‘Afghanistan: U.S. Policy Assistance Agency, Foreign Military Sales, Foreign ‘‘US-German Arms Exports and Greece at a Record Options,’’ op. cit., p. 8. Military Construction Sales, and Foreign Military High,’’ May 20, 1994. 49. Human Rights Watch, India: Arms and Abuses, Assistance Facts as of September 30, 1990 (Washing- 22. For an overview of Turkey’s military indus- op. cit., p. 5. ton, DC: DSAA, 1991); and United States Arms Con- trialization drive and the role of U.S. and other for- 50. Matthew Jardine, ‘‘Weapons for Genocide in trol and Disarmament Agency, World Military Ex- eign firms in helping to sustain it through East Timor,’’ San Francisco Examiner, May 31, 1993; penditures and Arms Transfers, 1990 (Washington, coproduction and licensing deals, see Gulay Gunluk- and Allan Nairn, ‘‘A Narrow Escape from East DC: U.S. GPO, 1991), Table III. Senesen, ‘‘An Overview of the Arms Industry Mod- Timor,’’ USA Today, 11/21/91. 74. See statements by Joel Johnson and Don ernization Program in Turkey,’’ in SIPRI Yearbook 51. Human Rights Watch, Human Rights Watch Fuqua of the Aerospace Industries Association (ref- 1993: World Armaments and Disarmament (New York: World Report 1995 (New York: Human Rights Watch, erenced in footnotes 16 and 17, above). Oxford University Press, 1993), pp. 521–532. December 1994), p. 157. 75. John M. Hogan, BNL Task Force Final Re- 23. For the best review of the evidence on the 52. Ibid., p. 162; and Human Rights Watch, Human port—Report to the Attorney General, (Washington, Turkish armed forces use of U.S.-supplied systems Rights Watch World Report 1993 (New York: Human DC: U.S. Department of Justice, October 21, 1994—re- against the PKK, see U.S. Cluster Bombs for Turkey?, Rights Watch, December 1992), pp. 177–178. leased to the public in January of 1995); Neil Lewis, op. cit., pp. 4–6. 53. For the sources of the statistics cited in this ‘‘Inquiry Finds No U.S. Involvement in the Iraqi 24. Human Rights Watch/Helsinki, Turkey: Forced paragraph, see appendix, Table I; for the quote on Buildup,’’ New York Times, January 24, 1995; and Displacement of Ethnic Kurds from Southeastern Tur- the potential sale of F–16s to Indonesia see ‘‘F–16 Serge F. Kovaleski and R. Jeffrey Smith, ‘‘Justice key (Washington, DC: Human Rights Watch, October Sale to Indonesia Gains Wider Support,’’ Defense Department Find No BNL Conspiracy,’’ Washington 1994), p. 4. News, May 1–7, 1995. Post, January 24, 1995. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5515 76. Michael Wines, ‘‘U.S. Tells of Prewar Tech- assistance programs, op. cit., editions for F.Y. 1980 non-governmental organizations, including Human nology Sales to Iraq Worth $500 Million,’’ New York through 1992. Rights Watch, the British American Security Infor- Times, March 12, 1991. 86. Congressional Presentation, op. cit., F.Y. 1992 mation Council (BASIC), and the Project on Demili- 77. U.S. Department of Commerce, ‘‘Fact Sheet on edition, p. 273. tarization and Democracy, See Natalie J. Goldring Export Licensing for Iraq,’’ with attached computer 87. See Appendix A, Table 1; and Grimmett, ‘‘So- and Ottfried Nassauer, ‘‘Available Sources and Data: printout, March 1991. malia: Arms Deliveries,’’ op. cit. The Trade in Light Weapons,’’ paper prepared for 78. Statement of Henry Gonzalez, Chairman, Com- 88. See Appendix Table I; Tim Weiner, Stephen the American Academy of Arts and Sciences Con- mittee on Banking, Finance and Urban Affairs, U.S. Engelberg, and Howard French, ‘‘CIA Formed Hai- ference, ‘‘International Trade in Light Weapons,’’ tian Unit Later Tied to Narcotics Trade,’’ New York House of Representatives, at Hearings Before the February 24–25, 1994; and Stephen D. Goose and Times, November 14, 1993; and Jane’s Defense Week- Committee on the Judiciary, U.S. House of Rep- Frank Smyth, ‘‘Arming Genocide in Rwanda,’’ For- resentatives, on the Issue of Appointing a Special ly Global Update: Flashpoints and Conflicts, August 1994, pp. 21–24. eign Affairs, Vol. 73, no. 5, September/October 1994, Counsel on Matters Relating to Iraq, June 2, 1992, p. pp. 86–96. 7; and Congressional Record, March 16, 1992, pp. 89. For a brief history of Congressional procedures for reviewing arms sales, see Chapter 3, ‘‘Congress 92. Strengthening the Export Licensing System: H1274–H1282. First Report by the Committee on Government Op- 79. Andy Pasztor, ‘‘Investigators Say Chilean Deal- Steps In,’’ in William D. Hartung, And Weapons for All, op. cit. pp. 45–62; and Richard Grimmett, Execu- erations (Washington, DC: U.S. Government Print- er Smuggled U.S. Weapons to Iraq,’’ Wall Street tive-Legislative Consultation on U.S. Arms Sales ing Office, 1991), pp. 40–53. Journal, November 20, 1991; ABC News Nightline, (Washington, DC: Congressional Research Service, 93. Lora Lumpe, editor, Arms Sales Monitor, No. show 2609, transcript, May 23, 1991; Kenneth 1982). 27, (Washington, DC: Federation of American Sci- Timmerman, The Death Lobby: How the West 90. As of the early 1980s, it was still possible to entists, November 30, 1994), p. 9. Armed Iraq, (New York: Houghton Mifflin, 1991), pp. construct a list of major U.S. arms sales proposals 94. John M. Hogan, ‘‘Addendum to the BNL Task 167–170 and 250; and ABC News 20/20, ‘‘Made in the by tracking the announcements of new letters of Force—Final Report,’’ (Washington, DC: United U.S.A.,’’ February 1, 1991. offer that were reprinted in the Congressional States Department of Justice, 1995), p. 3. 80. Dean Baquet, ‘‘U.S. Supplied Arms to Iraq, Ex- Record; for an example of an analysis conducted Aide Says,’’ New York Times, February 5, 1995. 95. Caleb Rossiter of the Project on Demilitariza- using this data, see William D. Hartung ‘‘Weapons tion and Democracy suggested prohibiting covert 81. For a capsule history of Gerald Bull’s arms for the World Update—1982,’’ New York, Council on trafficking activities and his relationships with var- arms supplies and training in his February 22, 1994 Economic Priorities, 1982, it is still possible to track testimony before the Senate Foreign Relations Com- ious U.S. government agencies, see William D. major U.S. arms sales through a combination of mittee’s Subcommittee on International Economic Hartung, And Weapons for All (New York: Pentagon press releases and notices in the industry Policy, noting that ‘‘[C]overt aid programs corrupt HarperCollins, 1994), pp. 195–197 and 235–236. press, but this method can result in time lags that the recipient precisely because they are covert and 82. Hartung, op. cit., pp. 189–90 and 236–237. limit the ability of the public to learn about major 83. ‘‘The Man Who Made the Supergun,’’ Frontline sales proposals and make their views known to Con- have no leverage . . . If we are to engage in aiding transcript, (Boston, MA: WGBH–TV, February 12, gress before the 30 day period within which Congress foreign forces, we should do so openly.’’ A summary 1991). can vote down a sale has passed. For current efforts of Rossiter’s testimony appears in Lora Lumpe, edi- 84. William D. Hartung, ‘‘Somalia and the Cycle of to track major arms sales, wee the ‘‘Deals in the tor, Arms Sales Monitor, No 24, (Washington, DC: Arms Sales,’’ Christian Science Monitor, February Works’’ section in Lora Lumpe, ed., Arms Sales Federation of American Scientists, March 15, 1994), 22, 1993; U.S. Arms Control and Disarmament Agen- Monitor (Washington, DC: Federation of American pp. 4–5. cy, World Military Expenditures and Arms Transfers Scientists, published 8 to 10 times per year); and 96. See White House Press Office, ‘‘Fact Sheet: 1990, op. cit.; and Richard F. Grimmett, ‘‘Somalia: Sarah Walkling. ACA Register of U.S., U.S. Arms Conventional Arms Sales Policy,’’ and ‘‘Fact Arms Deliveries,’’ Congressional Research Service Transfers, (Washington, DC: Arms Control Associa- Sheet—Criteria for Decisionmaking on U.S. Arms Report for Congress, October 28, 1993. tion, February 1995). Exports,’’ February 17, 1995; and Richard Grimmett, 85. U.S. Department of State and U.S. Department 91. The idea of reinstituting the section 657 reports Conventional Arms Sales to the Third World, F.Y. of Defense, Congressional Presentation on security has been put forward in recent years by a number of 1986–F.Y. 1993, op. cit. APPENDIX A: U.S. ARMS DELIVERIES TO AREAS OF CONFLICT, 1984–1993

Last year U.S. Arms de- Percent of imports pro- Region/Conflict (Major conflicts in bold) 1 U.S. deliveries, 1984–1993 ($ millions) 2 vided by U.S. 1987–91/ Other suppliers 5 livered 3 1991–93 4

Europe: 1. Former Yugoslavia (Conflicts in Croatia and Bosnia/Herzegovina) ...... $163.4 ...... 1991 13/0 Russia, Germany, Slovakia, Iran, Egypt, Saudi Arabia. 2. Spain (Govt. vs. Basque Separatists) ...... 4,003.6 ...... 6 1993 85/86 France. 3. United Kingdom (British forces and protestant paramilitary groups vs. 6,318.5 ...... 1993 100/95 IRA). 4. Russia 7 (Conflicts in Chechnya and North Ossetia) ...... None ...... NA. 5. Moldova (Conflicts in Dniester region) ...... None ...... NA. 6. Georgia (Conflicts in Abkhazia and Southern Ossetia) ...... None ...... NA. 7. Turkey (Govt. vs. Kurdish separatists) ...... 6,302.8 ...... 1993 76/80 Germany. Middle East/North Africa: 8. Azerbaijan (Conflict with Armenia over Nagorno/Karabakh) ...... None ...... NA. 9. Iraq (Conflicts with Kurdish groups in the North and Shiite Muslim groups in 4.4 8 ...... 1989 <1/0 (see 8) Former Soviet Union, China, France. the South). 10. Israel (Vs. Palestine intifada through mid-1993 and vs. Hamas) ...... 9,544.1 ...... 1993 99/91 11. Algeria (Govt. vs. Islamic militants) ...... 105.2 ...... 1993 1/0 Former Soviet Union, Egypt, China. 12. Morocco (Moroccan govt. vs. Western Sahara independence movement; UN 404.0 ...... 1993 26/76 France, other West European suppliers. referendum to be held). 13. Egypt (Govt. vs. Islamic militants) ...... 7,227.9 ...... 1993 61/89 France. 14. Sudan (Govt. vs. Sudanese People’s Liberation Army) ...... 155.6 ...... 1989 9/0 China, Middle Eastern suppliers, Italy. 15. Yemen (Civil war, North vs. South) ...... 50.6 ...... 1991 1/0 9 Former Soviet Union, China. 16. Iran (Govt. vs. Kurdish separatists, Mujahaddin guerillas) ...... Covert sales, value undisclosed 10 ...... NA NA/0 Russia, China, European suppliers. Sub-Saharan Africa: 17. Mauritania (Govt. vs. black minority) ...... 1.5 ...... 1992 <1/0 Former Soviet Union. 18. Mali (Govt. vs. Tuareg ethnic group) ...... 2 ...... 1993 <1/0 Former Soviet Union, Middle Eastern sources. 19. Chad (Ongoing civil war between Anakaza and Bideyet ethnic groups) ...... 50.3 ...... 1993 27/25 France. 20. Somalia (Multi-sided clan warfare) ...... 109.3 ...... 1991 44/100 Italy. 21. Senegal (Govt. vs. Diola tribe) ...... 13.6 ...... 1993 11/100 France, other European suppliers. 22. Liberia (Govt. & West African peacekeeping forces vs. rebels led by Col. 33.4 ...... 1990 40/0 Former Warsaw Pact, Middle Eastern sources. Charles Taylor). 23. Togo (Govt. vs. opposition forces, including members of Ewe tribe) ...... 1.9 ...... 1993 <1/0 Latin American sources. 24. Nigeria (Military-dominated govt. vs. pro-democracy forces; Hausa vs. Yoruba 82.4 ...... 1993 9/2 Italy, Czechoslovakia, Former Soviet Union, ethnic conflict). France. 25. Uganda (Govt. vs. rebels based in Northern Uganda) ...... 10.6 ...... 1993 5/100 Former Soviet Union, Italy. 26. Rwanda (Hutu-dominated govt. vs. Tutsi minority; govt. overthrown by 1.4 ...... 1993 <5/0 China, France, Egypt, Uganda, South Africa. Rwandan Patriotic Front in 1994). 27. Burundi (Ethnic conflicts between Hutu & Tutsi ethnic groups) ...... 6 ...... 1993 <1/0 Former Soviet Union. 28. Kenya (Ethnic conflicts in Rift Valley region sparked by supporters of Presi- 100.2 ...... 1993 25/100 U.K., France. dent Moi). 29. Zaire (Multiple rebellions vs. regime of President Mobutu) ...... 55.9 ...... 11 1990 17/0 China, France. 30. Angola (Govt. vs. UNITA rebels) ...... 250–300 ...... NA NA/0 Former Soviet Union (to Angolan govt.). 31. South Africa (Govt. & Inkatha Party supporters vs. ANC, through mid- 8.3 13 ...... 1988 NA/NA See 13. 1993; radical white ultra-nationalists vs. ANC govt.). Asia: 32. Tajikistan (Govt. vs. Islamic opposition) ...... Rebels have rec’vd U.S. weapons that were NA NA/0 NA. originally supplied to Afghan rebels by the CIA 14. 33. Afghanistan (Civil war among competing ethnic factions) ...... $2B in covert military assistance provided by 1991 NA/0 Former Soviet Union, Saudi Arabia (financier). U.S. to Afghan rebel factions, 1980–1991. 34. Pakistan (Govt. vs. secessionist movements in Sindh and NW Frontier Prov- 1,801.7 ...... 1993 44/3 China. ince; conflict with India over Kashmir). 35. India (Govt. vs. secessionist forces in Kashmir; govt. vs. Sikh militants in 316.6 ...... 1993 1/0 Russia, U.K., West European suppliers. Punjab; govt. vs. secessionists in Assam; Hindu-Muslim conflict in state of Uttar Pradesh). 36. Bhutan (Govt. vs. ethnic Nepalese rebels) ...... 0.2 ...... 1992 <1/0 NA. 37. Sri Lanka (Govt. vs. Tamil insurgents; Sinhalese militants) ...... 8.6 ...... 1993 7/0 China. 38. Bangladesh (Govt. vs. Chittagong Hill People’s Coordination Association) . 16.7 ...... 1993 4/5 Former Soviet Union, China. 39. Myanmar (Burma) (Govt. vs. Karen separatists, Islamic opposition) ...... 6.2 ...... 1989 1/0 China. 40. China (Govt. vs. Tibetan independence movement; govt. vs. Muslim seces- 423.9 15 ...... 1993 8/1 Russia. sionists in Xinjiang province). H 5516 CONGRESSIONAL RECORD — HOUSE May 24, 1995 APPENDIX A: U.S. ARMS DELIVERIES TO AREAS OF CONFLICT, 1984–1993—Continued

Last year U.S. Arms de- Percent of imports pro- Region/Conflict (Major conflicts in bold) 1 U.S. deliveries, 1984–1993 ($ millions) 2 vided by U.S. 1987–91/ Other suppliers 5 livered 3 1991–93 4

41. Philippines (Govt. vs. New People’s Army) ...... 619.3 ...... 1993 93/75 Italy. 42. Cambodia (Govt. vs. Khmer Rouge) ...... Covert assistance to rebel factions during NA NA/0 Former Soviet Union, China. 1980’s; reports of U.S.-supplied Thai army transferring weaponry to Khmer Rouge 16. 43. Indonesia (Govt. vs. independence forces in East Timor; govt. vs. separat- 583.3 ...... 1993 38/33 Germany, Netherlands, U.K., other European ist movement in Northern Sumatra). suppliers. 44. Papua New Guinea (Govt. independence movement on Bougainville island) .... None ...... Former Soviet Union. Latin America: 45. Guatemala (Govt. vs. Guatemala National Revolutionary Unity) ...... 35.8 ...... 17 1993 86/0 Israel. 46. Haiti (Govt. and paramilitary forces vs. democracy movement, through mid- 2.6 18 ...... 1992 19 >25/0 Latin American sources. 1994; new govt. and UN forces vs. paramilitary groups 1994 on). 47. Colombia (Govt. vs. Revolutionary Armed Forces of Colombia; govt. vs. Na- 647 ...... 1993 28/19 Brazil. tional Liberation Army). 48. Peru (Govt. vs. Shining Path guerrillas; govt. vs. Tupac Amaru revolutionary 136 ...... 21 1993 6/8 France, Former Soviet Union. movement). 49. Brazil (Govt. vs. indigenous peoples of Amazon region) ...... 528.8 ...... 1993 35/40 Germany, France. 50. Mexico (Govt. vs. rebel movement in Chiapas) ...... 301.2 ...... 1993 77/64 1 This table reviews U.S. arms transfers to a list of fifty significant ethnic and territorial conflicts that were under way during 1993 or 1994. The informed reader will note that some of the conflicts listed here have since been resolved and/or reduced in intensity (for example, in South Africa and Angola), while other, new conflicts are not covered (such as the January/February 1995 Peru-Ecuador border war). For an explanation of how the list of conflicts was arrived at and the sources used in making that determination, see footnote 2 in the text, above. Countries listed in bold print represent major conflicts that have resulted in 1,000 or more battle-related deaths since the outbreak of the war. 2 Unless otherwise noted, figures in this column are based on U.S. deliveries under the Pentagon’s Foreign Military Sales (FMS) program and the commercial arms sales program (which involves items on the U.S. Munitions List and re- quires a license from the State Department); the source of the data is U.S. Department of Defense, Defense Security Assistance Agency, ‘‘Foreign Military Sales, Foreign Military Construction Sales, and Military Assistance Facts as of Sep- tember 30, 1993’’ (Washington, DC: DSAA, 1994). One of the main limitations of this data source (a limitation common to all other major compilations of data on the arms trade) is that it does not include covert arms sales or sales to non-government recipients such as militias, guerrilla movements, and rebel organizations that are major players in the majority of today’s ethnic and civil conflicts. 3 The figures on the last year U.S. arms were delivered is based on data on deliveries under the FMS and commercial sales programs in ‘‘Foreign Military Sales . . . Facts,’’ op. cit. In many cases commercial arms sales are allowed to continue even after the U.S. government has cut off military aid and/or sales under the Pentagon’s Foreign Military Sales programs. 4 Data on the percentage of a nation’s imports provided by the United States is drawn from United States Arms Control and Disarmament Agency, ‘‘World Military Expenditures and Arms Transfers,’’ 1991–92 and 1993–94 editions (Washington, DC: U.S. GPO, 1994 and 1995), Table III. The column on % of deliveries provided by the U.S. is divided into two time segments (1987–91 and 1991–93) separated by a slash. The one year overlap (1991 is covered in both series) is a function of ACDA reports the data in its 1991–92 and 1993–94 reports. The ACDA data are not directly comparable to the data on deliveries listed in column 2, because they cover a different range of equipment. The Penta- gon’s delivery figures include items considered to be weapons by virtue of their inclusion on the U.S. Munitions List. The Arms Control and Disarmament Agency (ACDA) report uses a broader definition that includes ‘‘weapons of war, parts thereof, ammunition, support equipment and other commodities designed for military use . . . Dual use equipment, which can have application in both military and civilian sectors, is included when its primary mission is identified as military.’’ Dual use equipment is by definition ‘‘not’’ included in the Pentagon’s figures on deliveries under the FMS and CS programs. The time lag between the currency of the data on U.S. deliveries listed in column 2 and the ACDA data on the U.S. proportion of deliveries to each of the governments involved is a function of the slower schedule for the release of the ACDA data, which is no doubt in part a function of the greater difficulty of compiling information on arms deliveries and purchases by every nation in the world. As noted in note 2, above, the percentages listed here represent the proportion of weapons imported by the governments involved in each conflict that came from U.S. sources; there are no comparably reliable figures on supplies to non-state actors such as rebel movements and private militias. Listings of 0%* are marked with an asterisk to denote the fact that according to ACDA’s figures the country in question re- ceived no arms imports from any governmental source during the period covered—this does not mean that there were no weapons deliveries at all, but rather that there are no known deliveries by governments (i.e., weapons may have flowed through covert or private channels). 5 Unless otherwise noted, identifications of other major suppliers are drawn from two sources: U.S. ACDA, ‘‘World Military Expenditures and Arms Transfers,’’ Table III, op. cit., and Ian Anthony, Paul Claesson, Elisabeth Skons, and Siemon T. Wezeman, ‘‘Arms Production and Arms Trade,’’ in ‘‘SIPRI Yearbook 1993: World Armaments and Disarmament’’ (New York: Oxford University Press, 1994), Table 10B.3. Countries listed as other suppliers provided approximately 10% or more of a recipient government’s imported weaponry in the most recent multi-year period covered by one or both of these sources. Since the periods covered begin before the breakup of the Soviet Union, all transfers involving con- stituent states of the former Soviet Union are identified as ‘‘former Soviet Union.’’ In the case of ongoing arms transfer relationships, Russia is by far the most active arms exporting nation amongst the former Soviet Republics, although its total deliveries in recent years have been only a fraction of the levels achieved by the Soviet Union during the 1970s and 1980s. 6 Since the main data source for this table only goes up through 1993, an indication that the last U.S. delivery was in 1993 does ‘‘not’’ mean that U.S. arms shipments have been halted, but rather that as of the end of 1993 the na- tion in question was an active, ongoing weapons client of the United States. 7 Human rights monitors have reported war-related deaths in Russia’s intervention in Chechnya at levels as high as 20,000 to 25,000; although some observers have argued that these figures are an overstatement, there seems to be no question that this qualifies as a major conflict (based on a standard of 1,000 or more battle-related deaths). 8 This figure for U.S. arms deliveries to Iraq does not include the $500 million in dual use items shipped to Iraq from the United States between 1985 and 1990, nor does it encompass covert shipments or sales of U.S. equipment via third parties. For a summary of these U.S. contributions to the Iraqi war machine, see the discussion of Iraq in section IV of the text, above. 9 U.S. arms supplies to North Yemen from as early as 1978–79 made their way into the government arsenal of the combined state of Yemen formed by the merger of North and South Yemen; these shipments are not reflected in this table. For further discussion of this point, see section III, above. 10 According to the final report of Iran/Contra special prosecutor Lawrence Walsh, the Oliver North/Richard Secord ‘‘enterprise’’ that ran the Iran/Contra arms operations for the Reagan Administration took in over $47 million and deliv- ered substantial quantities of military equipment to Iran, including over 1,000 TOW anti-tank missiles; on this point, see Lawrence E. Walsh, ‘‘Final Report of the Independent Counsel for Iran/Contra Matters, Volume I: Investigations and Prosecutions’’ (Washington, DC: Office of the Independent Counsel, August 4, 1993). In addition, according to a 1986 report in ‘‘Aviation Week and Space Technology,’’ (Paul Mann and James K. Gordon, ‘‘Iran Secures Operational Gains from U.S.-backed Military Aid,’’ ‘‘AW&ST,’’ November 17, 1986), a Reagan Administration official involved in Middle East affairs asserted that ‘‘at U.S. instigation Iranians bought critical radar and landing gear components that at times . . . enabled Iran to double the number of sorties flown by its McDonnell Douglas F–4 aircraft against Iraq.’’ 11 For many years Zaire served as a conduit for U.S. covert arms supplies to rebel forces fighting against the Angolan government. It is not known precisely how much of this U.S. assistance may have been siphoned off to bolster the military forces of the Mobutu regime in Zaire. For a discussion of the role of Zaire in the Angolan arms pipeline, see Lucy Mathiak, ‘‘Light Weapons and Internal Conflict in Angola,’’ in Boutwell, Klare, and Reed, editors, ‘‘Lethal Com- merce,’’ op. cit., pp. 89–90. 12 The range of values cited for U.S. covert arms shipments to Angola in the 1980s is based on Human Rights Watch Arms Project, ‘‘Angola; Trade and Violations of the Laws of War Since the 1992 Elections,’’ op. cit., p. 47 (for the $250 million estimate); and Mathiak, op. cit., p. 89 (for the $300 million estimate). 13 This figure does includes only officially sanctioned exports licensed by the U.S. government. There is considerable anecdotal evidence to indicate that a number of U.S.-based firms made shipments of weaponry and weapons compo- nents to South Africa during the 1970s and 1980s in violation of the United Nations arms embargo on the apartheid regime. 14 On this point see Katzman, op. cit., ‘‘Afghanistan: U.S. Policy Options,’’ note 28 in the text. 15 U.S. arms deliveries to China were suspended by the Bush Administration in response to the 1989 Tiananmen Square massacre, but the Clinton Administration has been flirting with the idea of reopening military exports to China, be- ginning with dual use items. 16 There have been recent reports to indicate that the flow of weapons to the Khmer Rouge from Thailand and China has been cut off, starting some time in 1994 (cite new Human Rights Watch report). 17 Although U.S. military aid and commercial arms sales to Guatemala were cut off in December of 1990 because of the Guatemalan government’s record of human rights abuses, modest commercial deliveries continued through 1993, as did military-related aid under the ‘‘international narcotics control’’ segment of U.S. security assistance. See ‘‘Human Rights Watch World Report 1993,’’ op. cit., p. 117–118. 18 Deliveries to Haiti listed here exclude $500,000 to $1 million per year in covert military aid supplied to Haitian military and intelligence forces between 1986 and 1991. 19 This figure takes into account the provision of $3 to $6 million in military-related assistance justified as anti-narcotics aid (see note 18).

Dear Code of Conduct Supporter: [From the Christian Science Monitor, May last election cycle. The Clinton administra- I would like to thank those who voted for 23, 1995] tion also weighed in heavily against the the ‘‘Code of Conduct’’ during the markup of IT’S TIME THE U.S. STOPPED ‘‘BOOMERANG’’ amendment, with Assistant Secretary of HR 1561 on May 11. The close vote (18–17) and ARMS SALES—AN AMENDMENT TO FOREIGN State Wendy Sherman appearing before the the 101 cosponsors demonstrate the commit- AID BILL WOULD BAN WEAPONS FOR DIC- committee and distributing a letter ‘‘firmly opposing’’ passage of the code while support- ment and support for the ‘‘Code.’’ It is one of TATORS ing its principles. the most important reforms of the arms ex- (By Cynthia McKinney and Caleb Rossiter) Congress is getting involved in arms re- port process in two decades. A defining moment in post-cold-war for- straint for the simple reason that successive I will be offering the ‘‘Code’’ as a floor eign policy will come today when the House administrations have failed to show leader- amendment to HR 1561 on May 24. I urge of Representatives takes up the ‘‘Code of ship. In 1993, the administration approved a your support as we move this legislation for- Conduct’’ amendment to the foreign aid bill. record $12.9 billion in arms sales to develop- ward. The Code of Conduct would ban US arms ing countries, three times the sales to all sales to dictators, human rights abusers, and Let’s end the ‘‘Boomerang Effect’’ on our other countries combined. More than 90 per- governments not participating in the United cent of those weapons went to dictators. armed forces and take a serious step toward Nations arms trade register. underscoring America’s leadership role in Then in February, 1995, the president issued On May 11, the code was narrowly defeated a directive that, for the first time, makes the new world order and ending our role as in the House International Relations Com- the world’s number one gun dealer. corporations’ financial health a factor in mittee by an 18-to-17 vote after a heated de- arms sales decisions. We must live up to our claim to protect bate. The vote on the House floor will be the As the Pentagon buys less, arms-makers human rights, foster democracies and pro- first time in 19 years that Congress debates pressure the government to keep production mote peace and stability. The arms sales of which countries should be permitted to re- lines open by approving strategically ques- today are the ‘‘Boomerangs’’ of tomorrow. ceive our weaponry. tionable sales abroad. In fact, arms sales to Vote for the ‘‘Code of Conduct’’ Amendment The code’s surprisingly strong showing developing countries have doubled since the and end our role as the client for tyrants! came despite the opposition of the Aerospace fall of the Berlin Wall. Sincerely, Industries Association, which represents The arms industry claims that the increase CYNTHIA MCKINNEY, arms-exporters whose political-action com- in sales saves jobs. As defense industry prof- Member of Congress. mittees gave $7.5 million to candidates in the its and CEO salaries rise, however, layoffs of May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5517 line workers have increased almost in direct the Congressional Human Rights Caucus you Once again, I urge you to support Rep. relation. Even worse for the American econ- are in a strategic position to help stem the McKinney’s Code of Conduct amendment in omy, one-third of all sales are paid for by the flow of U.S. weapons to countries who vio- the International Relations Committee. taxpayer through foreign aid. ‘‘Offset’’ agree- late the human rights of its citizens. The Sincerely, ments that help purchasing countries co- ‘‘Code of Conduct on Arms Transfers Act’’ ELIOT L. ENGEL, produce weapons and sell commercial prod- sponsored by Representative Cynthia McKin- Member of Congress. ucts in America displace as many workers as ney (D–GA), will be presented to the HIRC as the arms sales save. an amendment to ‘‘Division C’’ of the For- DEPARTMENT OF SOCIAL DEVELOP- Hence, we are giving bullies bigger sticks, eign Aid Reorganization bill (H.R. 1561) as MENT AND WORLD PEACE, even though in the past they have used them early as tomorrow. I urge you to vote in Washington, DC, May 10, 1995. against their own people and the United favor of this provision. Hon. BENJAMIN A. GILMAN, States. We have already seen this ‘‘boomer- As an ally in exposing and stemming Chairman, International Relations Committee, ang effect’’ from past sales to armed forces human rights violations, you recognize the Washington, DC. that oppressed their citizens. In the last four importance of governments accepting ac- DEAR CHAIRMAN GILMAN: I write to express overseas US engagements—Panama, Iraq, countability. Under this legislation, recipi- our concerns about H.R. 1561. I enclose a let- Somalia, and Haiti—our troops faced the ents of U.S. weapons and security assistance ter, which the U.S. Catholic Conference has very weapons we sold to those dictators who would have to vigorously investigate, dis- co-signed, which opposes proposals to cut were once our friends. In Somalia, we spent cipline, and prosecute those responsible for drastically development assistance and U.N. $2 billion and two dozen American lives try- violations, as well as take other positive peacekeeping, and questions the wisdom of ing to clean up the mess that flowed from measures to combat gross violation of inter- restructuring that could weaken develop- our $200 million in arms sales. nationally recognized rights. ment and human rights programs. Who among today’s favored customers are The enclosed letter does not address our tomorrow’s Somalias and Iraqs? The Code of Conduct would require the strong support for continued U.S. funding for If the House passes the Code of Conduct, President to make an annual certification of overseas assistance and protection for refu- maybe we will not have to find out. Until countries eligible to receive U.S. weapons. gees, the main provisions for which are con- then, arms transfer policy will be business as Arms would be prevented from going to tained in a separate State Department Au- usual—big business as usual. countries that are undemocratic, violators of thorization Bill, H.R. 1564. It is our under- Cynthia McKinney (D) of Georgia is the pri- human rights, engaged in armed aggression, standing that the International Relations mary House sponsor of the McKinney/Hatfield not full participants in the U.N. Register of Committee plans to vote on consolidated Code of Conduct Bill. Caleb Rossiter is the Conventional Arms. If a country does not H.R. 1561, which incorporates these other former deputy director of the Congressional meet the criteria, transfers can still be made provisions, rather than allowing them to be Arms Control and Foreign Policy Caucus. if it is found to be in the interest of U.S. na- considered separately. We regret this deci- tional security. sion as it leaves us in the uncomfortable po- HOUSE OF REPRESENTATIVES, COM- Amnesty International continues to inves- sition of opposing a consolidated bill that, in MITTEE ON INTERNATIONAL RELA- tigate countries known to have committed our view, is still fundamentally flawed but TIONS, human rights violations and their receipt of which contains provisions we would whole- Washington, DC, May 10, 1995. U.S. security assistance. The Code of Con- heartedly endorse were they to be considered DEAR COLLEAGUE: During the full Inter- national Relations Committee mark-up of duct offers another avenue to make violators on their own merits. the foreign aid authorization, my colleague of human rights accountable for their ac- In addition to these concerns, I would like on the Committee, Cynthia McKinney, will tions. We urge your support on this impor- to raise two additional matters related to be offering as an amendment her ‘‘Code of tant legislation. this legislation. First, I encourage you to Conduct on Arms Transfers’’ bill (H.R. 772). I Sincerely, support the Code of Conduct on Arms Trans- urge your support for this important reform JAMES O’DEA, fers, an amendment that will be offered to of the arms sales process. Director, Washington Office. H.R. 1561. In his recent encyclical, The Gos- The amendment establishes a Code of Con- pel of Life, Pope John Paul II condemned the arms trade as ‘‘scandalous.’’ That weapons of duct for recipients of U.S. military exports HOUSE OF REPRESENTATIVES, war are bought and sold almost as if they and training. The President would decide Washington, DC, May 9, 1995. were simply another commodity like appli- which countries meet the specific language Dear International Relations Committee mem- ances or industrial machinery is a serious of the four criteria: promotes democracy, ber: protects human rights, not engaged in ag- moral disorder in today’s world. The pre- As you may be aware, our colleague, Rep. gression, and participates in the U.N. arms dominant role of our country in sustaining Cynthia McKinney, will offer an amendment trade register. Countries not meeting the and even promoting the arms trade, some- to attach the Code of Conduct for inter- criteria would require a waiver agreed to by times for economic reasons, is a moral chal- national arms sales to the Foreign Aid bill both the President and Congress. lenge for our nation. The foreign aid cuts in At present, the decision on whether a later this week. It is my hope that you will H.R. 1561 are another example of our coun- country should be eligible to receive U.S. join Rep. McKinney, myself, and almost 100 try’s increasing reluctance to share its eco- weapons is made by the executive branch of our colleagues in supporting this timely nomic resources in support of sustainable alone. The Code of Conduct is really a con- and reasonable legislation. economic development, while we remain the gressional responsibility act that restores Often times, international terrorists ac- dominant supplier of weapons to the develop- the balance that existed in the original Arms quire U.S.-supplied weapons through pro- ing world. Export Control Act before a Supreme Court American dictators, aggressors, and human The Code of Conduct is important for two decision on an unrelated case invalidated its rights abusers. A prime example of this was reasons. It imposes appropriate conditions review procedures. the supplying of Afghani rebels through for arms transfers: respect for democracy Arms transfers to undemocratic countries Pakistan and Saudi Arabia. Moreover, the and human rights, non-aggression, and par- have been the Achilles heel of U.S. foreign arms we supplied to the Shah of Iran eventu- ticipation in the U.N. Register of Conven- policy. Many times we have spent scarce for- ally ended up in the hands of Khomeini and tional Arms. And it would bring greater eign aid cleaning up after conflicts fueled by his global terror network. We must stop the openness and public accountability to deci- our own arms transfers; many times we have boomerang effect which ends up placing U.S. sions to transfer arms by forcing these deci- seen our own troops face weapons we sold to troops, and even U.S. civilians, at the risk of sions to be more openly debated in Congress. once-friendly dictators. This bill creates a being attacked by our own weapons. The Code could thereby improve prospects presumption against such transfers while that the United States would more strictly The guiding principle of the Code is that providing a channel for a joint decision to enforce and strengthen controls on arms U.S. arms should not be provided to coun- approve them if national security requires. transfers and would reduce substantially its tries that are undemocratic, violate human I have attached for your review a descrip- role in this deadly trade. rights, or are engaged in acts of aggression. tion of the bill, which includes answers to Third, we are concerned about proposals to However, the United States currently pro- questions about it. Thank you for your con- absorb the Arms Control and Disarmament vides 73 percent of all arms to the third sideration of the McKinney amendment. Agency (ACDA) into the State Department. world, many of which have not yet held a Sincerely, While we do not normally comment on mat- free and fair election or do not adhere to HOWARD L. BERMAN, ters of government reorganization, we are internationally accepted standards of human Member of Congress. concerned that placing ACDA within the rights. State Department will reduce the promi- AMNESTY INTERNATIONAL, USA, Congress owes it to the American people to nence of critical arms control and disar- Washington, DC, May 10, 1995. play a stronger role in reaching decisions mament issues at a time when they are al- Dear Member of the House International Rela- over the transfer and sale of weapons to ready receiving less attention than they tions Committee: rogue nations. While the Code is not a ban on have in the past. There is an urgent need to As a member of both the House Inter- arms sales, it will increase congressional implement existing arms control agree- national Relations Committee (HIRC) and oversight and public scrutiny of arms sales. ments, to move toward deeper reductions in H 5518 CONGRESSIONAL RECORD — HOUSE May 24, 1995 nuclear weapons, to stem nuclear prolifera- acting laws, not by taking such partial steps Furthermore, in a time of tough budgetary tion, and to control conventional weapons, as passing one-House resolutions. As a re- decisions, continuing to spend billions of dol- such as landmines. Maintaining ACDA’s sult, for the past 12 years, Congress could lars each year in foreign aid to support arms independent voice in foreign policy making only block a sale by passing a resolution in transfers flies in the face of budget cutting is more likely to ensure that this important both Houses and enacting it over a presi- measures. Reducing arms transfers would be arms control agenda receives the attention dential veto, all within 30 days. In terms of a prudent way to cut federal spending while it needs. time alone, this is nearly impossible. Con- contributing to our national defense by Thank you for considering these various gress has never enacted such a resolution, keeping advanced weapons out of the hands concerns about the legislation currently be- and rarely even takes up a resolution oppos- of future potential adversaries. fore the International Relations Committee. ing an arms transfer, because there is no As the world’s leading arms supplier, the Sincerely, meaningful chance to succeed. U.S. must demonstrate restraint and inter- DREW CHRISTIANSEN, The Code of Conduct legislation would re- national leadership regarding weapons sales Director, Office of International Justice & store Congress to its earlier role as an equal to undemocratic nations. The Code of Con- Peace. partner in arms transfer decisions, by requir- duct provides the President and Congress an ing congressional approval for sales to coun- opportunity to take the first step to reduce HOUSE OF REPRESENTATIVES, tries not meeting the Code’s standards. the potential for conflict and to prevent Washington, DC, May 8, 1995. Under the Code legislation, the President harm being done to lives and livelihoods. We Dear House International Relations Commit- would certify countries for eligibility each urge you to contact Representative McKin- tee Member: The ‘‘Code of Conduct Arms year. The President could request a one-year ney’s office to be listed as a co-sponsor of the Transfer Act,’’ restricts arms exports to waiver for a country not meeting the Code’s Code and to vote in favor of this amendment countries that are undemocratic, do not standards (for democracy, human rights, ag- when it comes before the full committee abide by basic international human rights gression, and the U.N. arms trade register). later this week. standard, and are engaged in acts of armed Both Houses of Congress would have to ap- Sincerely, aggression. prove the waiver, either by enacting a for- John Isaacs, President, Council For a Today—given the new world order—it is in eign aid bill containing the waivers, or by Livable World; Howard Hallman, Direc- the best interest of the United States to en- enacting a separate law. The Congressional tor, Methodists United for Peace With courage the development of stable, demo- Research Service has studied the Code of Justice; Peter J. Davies, U.S. Rep- cratic, and economically viable allies that Conduct process, and declared it constitu- resentative, Saferworld; Steve Goose, respect the fundamental human rights of its tional. Program Director-Arms Project, citizens. CALEB ROSSITER, Human Rights Watch; Deborah Walden, While there are current restrictions on ex- Director. Director of Policy and Programs, Wom- ports of U.S. arms to countries that dem- en’s Action For New Directions; Edith onstrate a ‘‘gross and consistent’’ pattern of MAY 9, 1995. Villastrigo, National Legislative Direc- human rights abuses, these restrictions are DEAR MEMBER OF THE HOUSE INTER- tor, Women Strike for Peace; Tim seldom enforced. In fiscal year 1994, the NATIONAL RELATIONS COMMITTEE: The under- McElwee, Director, Church of the State Departments’ annual ‘‘Country Re- signed arms control, development, religious, Brethren; John B. Anderson, President, ports on Human Rights Practices,’’ showed human rights and veterans organizations are World Federalist Association; Robin that the U.S. sold weapons to at least four writing to voice support for the ‘‘Code of Caiola, Co-Director, 20/20 Vision; James nations that had significant human rights Conduct on Arms Transfers’’ bill sponsored Matlack, Director-Washington Office, abuses. These four nations purchased $6.2 bil- by Representative Cynthia McKinney (D-GA) American Friends Service Committee; lion in arms—nearly half of the total $12.9 and close to 100 other members. A full com- Lora Lumpe, Director-Arms Sales Mon- billion sold. Additionally, $2 billion in U.S. mittee vote on the Code, as an amendment itoring Project, Federation of Amer- grant money or subsidized U.S. loans to to the Foreign Aid bill, is expected this ican Scientists; Joe Volk, Executive these nations was used to purchase arms. week. We urge you to vote in favor of this Secretary, Friends Committee on Na- It is time for Congress to become more pro- provision. tional Legislation; Caleb Rossiter, Di- active in protecting international human The Code of Conduct would require the rector, Project on Demilitarization and rights. We need to end arms exports to those President to make an annual certification of Democracy; Monica Green, Executive nations that fail to respect the dignity and which countries are eligible, under four cri- Director, Peace Action; Mark B. fundamental well-being of their citizens. teria, to receive U.S. weapons. To be eligible Brown, Acting Director-Lutheran Of- Your vote on May 11 for the Code of Con- to receive U.S. weaponry a country cannot: fice for Governmental Affairs, Evan- duct is a vote for the protection of basic grossly abuse human rights; deny democratic gelical Lutheran Church in America; human rights. rights; or attack a neighbor or its own peo- Vice Admiral John Shanahan, Direc- Sincerely yours, ple. Also, countries must participate in the tor, Center for Defense Information; DONALD M. PAYNE, U.N. Register of Conventional Arms to be el- Maurice Paprin, President, Fund for Member of Congress. igible. By creating these criteria weapons New Priorities in America; Darryl will be kept from countries that are bad Fagin, Legislative Director, Americans PROJECT ON DEMILITARIZATION AND risks and, it is hoped, the Code will induce for Democratic Action; Jerry Genesio, DEMOCRACY undemocratic and aggressor nations to im- Chairman/Executive Director, Veterans Washington, DC, May 5, 1995. prove their current practices. for Peace; Greg Bischak, Executive Di- THE MCKINNEY-HATFIELD CODE OF CONDUCT This bill is neither a ban nor a moratorium rector, National Commission for Eco- ON ARMS TRADE: RESTORING THE CONGRES- on arms sales. If, for national security rea- nomic Conversion and Disarmament. SIONAL ROLE IN THE ARMS TRANSFER PROC- sons, the President wants to sell weapons to ESS countries that are not certified, a majority MAY 8, 1995. This is the first major reform of the arms of Congress must vote to approve the arms COMMITTEE ON INTERNATIONAL RELATIONS, export process in two decades. Prior to en- transfer. Under the current system, Congress House of Representatives, Washington, DC. actment of the Arms Export Control Act in can only vote to stop an arms sale. Under the DEAR MEMBER: The officers, directors and 1976, there were virtually no restrictions on Code of Conduct Congress can, after careful members of Veterans for Peace urge you to the executive branch’s arms transfers. Con- scrutiny, determine which countries are support passage of the McKinney-Hatfield gress, led by Sen. Hubert Humphrey, enacted vital to U.S. security interests and should Code of Conduct on Arms Trade (H.R. 772). the Arms Export Control Act in response to therefore be eligible to receive arms. The We understand the bill may be offered as an record transfers of arms by Secretary of Code also underscores Congress’ Constitu- amendment to the Foreign Aid Authoriza- State Henry Kissinger. The Shah of Iran and tional power to regulate trade with foreign tion bill later this week. President Marcos of the Philippines were nations. Veterans for Peace (VFP) is a national among the leading recipients. Today’s record History has shown that sometimes Amer- membership organization of U.S. military U.S. transfers to undemocratic and unstable ican weapons last longer than U.S. friend- veterans, including decorated veterans of governments similarly threaten our inter- ships with foreign governments. In Panama, both World Wars, the Korean and Vietnam ests in democracy and development abroad. Somalia and Haiti, U.S. troops faced forces Wars, and many other conflicts and skir- The Arms Export Control Act originally that has been equipped with American weap- mishes. Our members include retired officers gave Congress a major role in reviewing pro- ons. The Code of Conduct is an attempt to and enlisted men, some of whom served posed arms transfers, but the Supreme reduce the likelihood that the men and twenty or more years. Many are graduates of Court’s decision in the unrelated ‘‘Chadha’’ women of the armed forces will be affected military academies, a number are former case in 1983 eliminated that role. The AECA by this ‘‘boomerang effect’’ of the arms POWs. One, a pilot during the Vietnam War, gave each House of Congress the ability to trade. Only by closely examining the cir- languished in the Hanoi Hilton for eight block a proposed transfer by passing a reso- cumstances surrounding a pending arms sale years. Two are recipients of the Congres- lution. The Supreme Court ruled such ‘‘one- can Congress hope to minimize the chance of sional Medal of Honor, dozens received Silver House vetoes’’ unconstitutional, declaring an American soldier being injured by an and Bronze Stars for valor, and hundreds that Congress can only change policy by en- American weapon. were awarded the Purple Heart for combat May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5519

wounds. The work of VFP is primarily edu- primary post-war security challenge as indi- FRIENDS COMMITTEE ON cational: to raise awareness of the great cated by the Pentagon’s own Bottom-Up Re- NATIONAL LEGISLATION, costs of preparing for war and of war itself in view and National Military Strategy. These May 10, 1995. comparison to the alternatives of inter- are the same types of conflicts U.S. forces House International Relations Committee, national behavior. are most likely to be deployed to in the fu- U.S. House of Representatives Washington, DC The Code of Conduct legislation should ture. DEAR REPRESENTATIVE: Does the United have universal support, if for no other reason States need a Code of Conduct on Arms Parties to 45 current conflicts have taken than the increasing phenomenon of U.S.- Trade? Who answers Yes to that question? delivery of over $42 billion worth of US weap- made arms returning to threaten our own Vietnam Veterans of America Foundation; ons in the past decade. U.S. forces. There are other reasons to sup- Amnesty International; Human Rights port the bill. For example, it would substan- Out of the fifty significant ethnic and ter- Watch; Lutheran Office for Governmental tially help: ritorial conflicts going on during 1993–94, 90% Affairs; Maryknoll Justice & Peace Office; Keep arms from dictators and countries (45 out of 50) of them involved one or more Federation of American Scientists; Bread for using weapons in aggression against neigh- parties that had received some US weapons the World; Committee for National Security. bors or even their own people; or military technology in the period leading Institute for Food & Development (Food Restore needed Congressional power and up to the conflict. First); United Methodist Church, General responsibility in the area of arms trade and Board of Church & Society, Peace with Jus- In more than half of the fifty current con- control; tice Program; American Baptist Churches, flicts (26 out of the 50), the United States has Protect the U.S. jobs currently being de- USA; Center for Defense Information; Physi- been a significant arms supplier, accounting stroyed by the application of so-called ‘‘off- cians for Social Responsibility. for at least 5% of the weapons delivered to set’’ agreements, by which defense contrac- More than 250 other national and regional one party to the dispute over a five year pe- organizations have endorsed the principles tors promote foreign goods in order to secure riod. for a Code of Conduct on Arms trade. arms sales. Humanitarisn aid, human rights, arms con- Thank you for your consideration of these Areas where U.S. weapons are most likely trol, economic development, women’s reli- important issues, and, hopefully, for your to be utilized in current or future conflicts gious, and veterans’ agendas, all would bene- include southern Europe; the Middle East support of H.R. 772. fit from a Code of Conduct on Arms Trade. Sincerely yours, and North Africa; Sub-Saharan Africa; That is why the Code is popular with a grow- JERRY GENESIO Southwest and Southeast Asia; and Central ing grassroots movement for nonprolifera- Chairman and Executive Director and Latin America. tion of conventional weapons. (USMC/1956–62). This data raises serious questions about The Friends Committee on National Legis- the claim that US weapons are only used for lation urges you to vote for the Code of Con- CENTER FOR DEFENSE INFORMATION, defensive purposes. As a weapons supplier to duct on Arms Trade when the House Inter- May 8, 1995. fully 90% of the areas where wars are now national Relations Committee considers the THE MCKINNEY-HATFIELD CODE OF CONDUCT going on and a major supplier to more than amendment by Representative McKinney on ON ARMS TRADE: ENSURING THE SAFETY OF one-third of these areas, it is clear that the the Foreign Aid Authorization bill. U.S. MILITARY FORCES US is bolstering the warfighting capabilities Sincerely, The Clinton Administration’s recent arms of a substantial number of the parties to the JOE VOLK. sales policy states that the impact on de- world’s current conflicts. It does not take a fense jobs must be taken into account when stroke of genius to realize that these capa- BRITISH AMERICAN SECURITY exports are considered. One wishes that the bilities can just as easily be used against INFORMATION COUNCIL. same consideration was extended to the im- U.S. soldiers, sailors, and airmen. It is a sad To: Members of the House International Re- pact on the lives and wellbeing of American irony that the current U.S. arms trade pol- lations Committee. From: Bronwyn Brady and Susannah Dyer, service personnel. The current laissez-faire icy confirms the words of cartoonist Walt BASIC. status quo in the international arms trade, Kelly’s character Pogo when he said, ‘‘We Re: Arms Transfer Amendment to Foreign where increasingly any conventional weap- have met the enemy and he is us.’’ ons sale is deemed permissible as long as it Aid Bill. purports to make a profit for its manufac- Date: 10 May 1995. It has come to our attention that the Com- turer, is creating a self-generated danger— CONGRESS OF THE UNITED STATES, mittee is scheduled to vote on the Code of the possibility that our service men and HOUSE OF REPRESENTATIVES, Conduct on Arms Transfers as an amend- women will someday be fighting nations or Washington, DC, May 8, 1995. ment to the Foreign Aid Bill. Your consider- groups who obtained U.S. weapons and tech- DEAR COLLEAGUE: The House International ation of this legislation coincides with a par- nology. Relations Committee will mark up HR 1561, allel initiative being pursued in the Euro- Many of our former current and arms cus- the Foreign Aid and Reorganization Bill this pean Union. tomers—Panama, Iran, Iraq, Israel, numer- week. I will offer HR 772, the Code of Con- Congress now has the opportunity to join ous Arab countries, Taiwan, South Korea, duct Arms Transfer Act as an amendment to its partners in the European Union as they Pakistan, and India are in highly volatile Title 31 of Division C. The ‘‘Code’’ now has 99 seek to implement similar controls. Accord- parts of the world or have undemocratic gov- cosponsors in the House and would provide ing to the US Arms Control and Disar- ernments. Thus our arms and technology guidelines for arms exports—prohibiting mament Agency, Europe and the United sales potentially create—as in the Gulf—the transfers to governments that are undemo- States together sell over 90% of the world’s very threat our own forces may someday cratic, violate human rights, or are engaged weapons. Focusing narrowly on maintaining confront. Furthermore, the threat we are in acts of armed aggression. market share, no country has been willing to building by our arms sales also justified the The ‘‘Code’’ would not ban all arms sales. take unilateral steps toward control, fearing continued inflated military spending for Sales and transfers would continue in the na- it will lose export markets to competitors. even newer equipment to counter the items tional interest of the United States and to Therefore, it is vital that as the world’s lead- we have sold others. those nations which meet the ‘‘Code’s cri- ing suppliers, the EU and the United States Even the Pentagon now officially acknowl- work together to implement restraint. Co- edges that it faces the prospect of American teria.’’ Today’s exports could be tomorrow’s nightmare for American forces. In the last operation will prevent either US or European weapons being used against U.S. military companies from undercutting one another in personnel. In the latest Annual Report of the four US deployments—Panama, Iraq, Soma- lia, and Haiti—American troops faced armies pursuit of sales. Secretary of Defense to the President and Tomorrow in Brussels, the European Code strengthened by US materiel and tech- Congress Secretary William Perry writes, of Conduct will be launched, calling on the ‘‘In general, threats encountered in MRCs nology. In 1993, of the 14.8 billion in US arms EU to adopt stricter controls on weapons ex- [Major Regional Conflicts] would be standing sales, 90 percent were purchased by nations ports. This Code builds on the eight existing armies of foreign powers, armed with mixes that do not meet the Code’s guidelines. criteria on arms exports already agreed by of old and modern weapons systems. . . Americans throughout the nation support member states in 1991–92. These criteria Thus, U.S. forces must be prepared to face a the ‘‘Code’’—with more than 227 citizen’s or- stress that weapons exports should take into wide variety of systems, including some pre- ganizations endorsing its principles and 96 consideration: the purchasing country’s viously produced in the United States.’’ [au- percent of Americans demanding an end to human rights record; the internal and re- thor’s emphasis, p. 170] arms sales to dictators. gional stability of recipient states; and the A comparison of the Pentagon’s own data effects of weapons purchases on the recipient Let’s stop the ‘‘Boomerang effect.’’ Vote on deliveries of weapons through the U.S. country’s economy. FMS and commercial sales programs over for the ‘‘Code of Conduct on May 11!’’ A number of members of the European Par- the past decade with a list of fifty significant Please contact Robin Sanders at 51605 with liament have declared their support for this wars that were under way during 1993–94 in- questions or concerns. initiative, highlighting the need for a coher- dicates that U.S. weapons exports have Sincerely, ent and controlled approach to European played a major role in fueling the ethnic and CYNTHIA MCKINNEY, weapons exports, and encouraging the Par- territorial conflicts that have become the Member of Congress. liament to press for the Code. In addition, H 5520 CONGRESSIONAL RECORD — HOUSE May 24, 1995 the proposed Code has already been endorsed the Unitarian Universalist grassroots than that is bad on human rights or a coun- by almost 50 NGOs across Europe, including any other legislation we have worked on. try that is not democratic should get Save the Children and Medico International. The time has come for charting a new U.S. some of our assistance for other, larger arms sales policy that puts our country on In the lead-up to the review of the kinds of considerations. Maastricht Treaty in 1996, it is critical that the high ground and sets an example for the an effective EU arms export control regime international community to match. b 1245 be an integral part of an EU Common For- Sincerely, eign and Security Policy. ROBERT Z. ALPERN, There is waiver authority here. Come In addition to the US and European Code Director. to Congress, let us go through that of Conduct Initiatives, similar measures Ms. WOOLSEY. Mr. Chairman, I process. I think it is a sensible, re- have also been pursued in other inter- move to strike the last word. strained approach to try and deal with national fora. In November 1994, a proposal (Ms. WOOLSEY asked and was given the causes of regional instability in so was tabled at the United Nations, calling for permission to revise and extend her re- much of the world and the fueling of an a Code of Conduct for international conven- arms race. tional arms transfers with a view to promot- marks.) ing restraint. These efforts will continue in Ms. WOOLSEY. Mr. Chairman, I rise Mr. HASTINGS of Florida. Mr. Chair- both working groups and the General Assem- in strong support of the code of con- man, I move to strike the requisite bly. In addition, the Organization for Secu- duct amendment offered by the gentle- number of words. rity and Cooperation in Europe (OSCE) woman from Georgia, and I would like Mr. Chairman, I would like to express agreed a series of ‘‘Principles Governing Con- to commend her for her tireless work my support for the amendment offered ventional Arms Transfers’’ in December 1993, on this important issue. by my colleague, the gentlewoman requiring member states to consider human As written, our current arms transfer from Georgia, [Ms. MCKINNEY]. rights, and reiterating ‘‘their strong belief policy is reckless and dangerous. Over This amendment establishes a code of that excessive and destabilizing arms build- conduct for recipients of U.S. military ups pose a threat to national, regional, and the past decade, we have sent weapons international peace and security’’. It is clear to countries who have turned around exports and training. It gives the Presi- that there is growing international consen- and used them against our sons and dent the authority to decide which sus regarding the urgent need to restrain the daughters in the Armed Forces. We countries meet the four responsible cri- international weapons trade. have provided ammunition for govern- teria: promote democracy, protect In its position as the world’s leading ex- ments who oppress their people and human rights, not engaged in acts of porter of weaponry, the United States has a commit acts of aggression against the aggression, and participants in the special responsibility to provide a global U.N. arms trade register. Those coun- leadership in the area of restraint. Passage international community. U.S. arms of the Code will encourage the United States transfer policy must be more respon- tries which do not meet the criteria to work in concert with its allies to control sible. would require a waiver agreed to by the spread of weapons to rogue regimes and In the debate over military spending both the President and the Congress. regions of conflict. This will prevent sce- and foreign policy, we continue to hear As we apply conditions on our mili- narios such as the one which unfolded in the that ‘‘the cold war is over, but the tary aid to other countries, so should Gulf War, where US troops faced weapons world is still a dangerous place.’’ Mr. we apply conditions to our weapons ex- supplied to Iraq by both the United States ports. It is outrageous that in our last and its European allies. Chairman, our current arms transfer As your European counterparts begin de- policy is making the world an even four overseas United States engage- veloping a harmonized EU arms export pol- more dangerous place. I thought we ments—Panama, Iraq, Somalia, and icy, we urge you to support the Code of Con- fought the cold war in order to make Haiti—our troops were threatened by duct amendment and demonstrate US leader- the world safe for democracy and weaponry that we sold to various dic- ship in promoting unified international re- human rights, not dangerous for U.S. tators who were once our friends, and straint of the global weapons trade. Please soldiers and innocent citizens world- later our enemies. feel free to contact our office in London or wide. As the only superpower in the world, Washington for further details on the Euro- it is imperative that the United States pean initiatives described above. Opponents of this measure argue that the United States should not restrict set the standard for responsible leader- UNITARIAN UNIVERSALIST itself to selling arms only to countries ship. Congresswoman MCKINNEY’s ASSOCIATION OF CONGREGATIONS, who promote democracy and protect amendment would ensure our moral Washington, May 10, 1995. human rights. They suggest that we leadership by prohibiting the sale of DEAR REPRESENTATIVE: Unitarian Univer- should be allowed to sell weapons to arms to those countries that are un- salist Association of Congregations, strongly countries which may not fit these cat- democratic, violate human rights, or supports the Code of Conduct on Arms are engaged in acts of armed aggres- Transfers bill introduced by Rep. Cynthia egories, but who are friendly to the McKinney and Senator Mark Hatfield that United States. sion. would place restrictions on the sale and Mr. Chairman, Members of the Arms transfers to undemocratic transfer of conventional weapons by the House, Manuel Noriega used to be countries which past administrations United States to dictators. friendly. Iraq used to be friendly. Why have courted for a variety of reasons, We think that the present U.S. arms sales do we refuse to learn that even the have often come to haunt us. We have policy which permits the sale of arms to gov- Devil can be friendly if he wants to spent precious human and financial re- ernments which abuse internationally recog- make a deal? sources cleaning up after conflicts nized human rights; engage in aggression which were fueled by our own arms against their own people or other nations; Mr. Chairman, I urge my colleagues and do not participate in international ef- to support the McKinney amendment transfers. Our own children have been forts to control arms is not in our national and reject the current reckless arms endangered by the very same weaponry interest, fuels regional and local conflicts transfer policy. that we sold because of short-term for- and aids and abets undemocratic govern- Mr. BERMAN. Mr. Chairman, will eign policy interests. This legislation ments. the gentlewoman yield? will protect our children in the future The Arms Export Control Act of 1976 Ms. WOOLSEY. I yield to the gen- by creating a presumption against such (AECA) gave Congress the power to review tleman from California. transfers, but does establish a thor- proposed U.S. arms exports using a human rights standard. Unfortunately, the AECA Mr. BERMAN. Mr. Chairman, I want ough, responsible review process for has not stopped a single arms transfer since to add my support for what the gentle- those sales that are in our best inter- it became law. The Supreme Court in 1983 woman said for the McKinney amend- est. found the Congressional mechanism whereby ment. This is a restrained and sensible Mr. Chairman, I ask the Members to either House could block such sales to be un- set of guidelines which reinvolve the support the McKinney amendment. constitutional. The McKinney-Hatfield Code Congress in the way that it used to be Mr. BURTON of Indiana. Mr. Chair- of Conduct bill would return to Congress a in the process of arms transfers before man, I move to strike the requisite mechanism for participating in the decision the Supreme Court decision knocked number of words. making process on U.S. arms transfers. We respectfully urge you to support the that process out and made us essen- Mr. Chairman, I find myself in a kind McKinney measure when it comes before the tially irrelevant. of an uncomfortable position because I Committee. The Code of Conduct on Arms This provides waiver authority. do not particularly like some of the Transfers has gained more support among There may be times when a country ways that the President has conducted May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5521 foreign policy, and I did not particu- concerns the gentleman from Indiana I am very sympathetic to the human larly like the invasion of Haiti or the has articulated, but it does put us into rights abuses issue being raised here. way he conducted our operations in So- the immoral position that we are cur- The CHAIRMAN. The time of the malia and lost a bunch of American rently in where we are actual selling gentleman from Indiana [Mr. BURTON] lives, but here is one case where I do arms to our neighbors that end up has expired. agree with the President. The Presi- using those arms, or to our friends that (By unanimous consent, Mr. BURTON dent has to have some leverage and be end up using those arms against us of Indiana was allowed to proceed for 1 able to conduct foreign policy, and when we get into conflict. additional minute.) many times his ability to negotiate Mr. BURTON of Indiana. I thank the Mr. BURTON of Indiana. I am very with countries that are buying U.S. gentleman for his contribution. I dis- sympathetic to the human rights issue arms is one way that he can get the job agree simply because the President of being raised here. This is a very, very done. the United States has the ability right complex world. It is a dangerous world. So the President of the United now to put pressure on those countries Even though the so-called cold war is States, Mr. Clinton, is against this par- by not allowing arms sales to them. As over, we still have to have a foreign ticular amendment. In this particular a matter of act, the President has exer- policy that will allow us to be able to case, I concur with him because I think cised that authority already in a num- deal with friends to make sure that it hamstrings him in one respect, as far ber of countries. If you followed what they have the ability to defend them- as his ability to conduct foreign policy has been going on in the past several selves. is concerned. years, you will find there are a number I might add one more time, if we do But, in addition to that, there is an- of countries that even purchased equip- not sell them these weapons, we will other economic issue that needs to be ment from the United States and the make sure that they will buy them taken into consideration. If anybody President has not allowed those pur- someplace else. Let us allow that the believes that a country that wants to chases to go forward. President of the United States will be buy weaponry is going to not buy it So he does have some latitude. It is a able to make these determinations simply because they cannot buy them Democrat President. He is asking for where necessary and at the same time from the United States, they are just this authority to be maintained. protect American jobs by not letting barking up the wrong tree. France sells Whether it is a Republican or Demo- them go overseas. weapons, Great Britain sells weapons, a crat, I would support it. Mr. KENNEDY of Massachusetts. If number of countries sell sophisticated The fact of the matter is there is an the gentleman will yield further, the weaponry. If they do not buy them inconsistency as far as our foreign pol- fact is that I have worked very closely from the United States of America, icy is concerned. There are many with Members of the Republican side in then certainly they are going to buy pieces of legislation which I have spon- the Committee on Banking and Finan- them from some place else. sored, regarding human rights abuses cial Services to structure amendments It will have an adverse economic im- in India, for instance, that have not that are very similar to this dealing pact on many segments of our society. passed this House because the minority with funding for the World Bank and If you go out to California and take a now, then the majority, would not sup- the IMF, which have received biparti- look at the aircraft industry, it is in a port them. san support. The question is whether or depressed state. It is starting to come So I find it kind of interesting that not Members of this body want to pro- out of it now because of the commer- here is the President of the United vide this authority in the Presidency cial sales. The fact of the matter is if States wanting to protect his ability to or whether or not we want to establish you put these kinds of constraints on conduct foreign policy and, because of this as a national policy for this coun- the sales of these kinds of materials, human rights issues, his party is trying try. you are going to have an impact on in- to stop it, while at other times in our We have gotten bipartisan support dustry in this country, and there are history when we were fighting for for such a policy in times past, and I going to be a lot of people lose their human rights abuses to be removed on would hope we would gain support on jobs and those jobs will go overseas to other pieces of legislation, we could the Republican side for this well- manufacturers of this equipment in not get that support. thought-through amendment that the foreign countries. Mr. KENNEDY of Massachusetts. If gentlewoman from Georgia [Ms. Mr. KENNEDY of Massachusetts. Mr. the gentleman would yield further, MCKINNEY] is offering. Chairman, will the gentleman yield? maybe this kind of legislation would The CHAIRMAN. The time of the Mr. BURTON of Indiana. I yield to actually improve and get the kind of gentleman from Indiana [Mr. BURTON] the gentleman from Massachusetts. result that you were looking for in has again expired. Mr. KENNEDY of Massachusetts. Mr. terms of your amendment with regard (By unanimous consent, Mr. BURTON Chairman, I appreciate the sentiments to Pakistan. of Indiana was allowed to proceed for 30 that the gentleman from Indiana is Mr. BURTON of Indiana. Not Paki- additional seconds.) showing in terms building up our own stan. India. Mr. BURTON of Indiana. I thank the economic base here at home. It is a le- Mr. KENNEDY of Massachusetts. gentleman for his contribution. gitimate concern. With regard to India in times past. The Let me just end up by saying that we This amendment does not say that fact of the matter is, if we had a uni- have asked time and time again that we cannot sell arms to Third World form policy instead of the hodgepodge there be a stronger voice by the Con- countries, nor does it say we cannot policy that we have today, I think we gress in the conducting of foreign pol- sell arms to other countries through- would get the moral leadership of the icy, and the Administration has found out the world. All it says is that when rest of the world to support us, as we that they do not want that to be ac- there are human rights abuses, when have seen today in the European Par- complished. They wanted to keep that there are gross inequities in terms of liament, which is taking up legislation power in the executive branch, and I how the country that is trying to pur- very similar to this. understand that. And we have not been chase arms treats its neighbors, is Mr. BURTON of Indiana. I appreciate successful in making those changes. overly aggressive in those issues, in the gentleman’s contribution. In a per- In this particular case, I think the terms of spending far too much money fect world we might have a consistent President’s arguments are well found- on its own arms industry rather than foreign policy worldwide. But as the ed, and I, as a Republican, find myself looking out after its own people, that gentleman well knows, we do not have once again in a difficult position, but I the United States ought to take those a perfect world; we have an inconsist- am supporting the President in this issues into account. ency in foreign policy. That is why the particular case. It gives the President the flexibility President, whether Republican or Dem- Mrs. MEEK of Florida. Mr. Chair- of overruling these on a national secu- ocrat, has to have latitude in conduct- man, I move to strike the requisite rity basis, and in any given year. So I ing that foreign policy that includes number of words. think it does provide the kind of flexi- the ability to stop arms sales or allow Mr. MILLER of California. Mr. Chair- bility that is necessary to address the those arms sales to go forward. man, will the gentlewoman yield? H 5522 CONGRESSIONAL RECORD — HOUSE May 24, 1995 Mrs. MEEK of Florida. I am happy to icy, and in the area of arms sales, I do tening—read the Amnesty Inter- yield to the gentleman from California. not think we would want our contribu- national human rights violation re- Mr. MILLER of California. I thank tion and our legacy to the world to be ports. You find actually one of the the gentlewoman for yielding. that we have sold arms to everyone and countries that is cited is the United I rise in strong support of this allowed for the continuation of the States. Not only is the United States amendment. I think it is very impor- practice of war as almost a permanent cited, but you also have Israel, Egypt, tant that we consider it. I would hope vocation in this world. Turkey, and, if this amendment passed, we would pass it. So I would hope that we would sup- I think you really would jeopardize the The gentleman is right. It is not a port the McKinney amendment and the status of peace efforts in the Middle perfect world, but we have got to strive companion effort in the Senate because East if this was properly applied ac- to make it a better world. I think it moves us in the right direc- cording to the language in the amend- Mrs. MEEK of Florida. Mr. Chair- tion, and even though it may be a de- ment, and again I think it serves no man, I rise in strong support of the batable matter in some people’s minds, purpose. We must work against human amendment offered by my colleague, I think that for all of us, if we want to rights violations wherever they occur, the gentlewoman from Georgia [Ms. be on the right side of history on this and human rights violations are not MCKINNEY]. issue, that we should, in the final anal- condoned by this Congress. The United States has long been an ysis, find ourselves voting favorably for Let me also point out that a major arms merchant to the world, Mr. Chair- the McKinney amendment. flaw in this amendment is the Presi- man, but this amendment is not about Mr. SALMON. Mr. Chairman, I move dent already has the authority. Maybe the quantity of arms sales. This to strike the requisite number of the other side of the aisle or the spon- amendment is about who we sell arms words. sor does not trust the President of the to and who makes these decisions. Mr. Chairman, this amendment is of- United States, but in fact under cur- At the present time, except in rare fered in good faith. But it is slightly rent law the President of the United circumstances, the executive branch misnamed. This amendment is not States is required to even notify Con- alone decides what countries are eligi- about human rights, and this amend- gress before there is an arms sale in ble to receive weapons. This process ment is not about foreign policy. This the appropriate committee of Congress. has resulted in arms transfers to un- amendment instead is about a philo- So first of all, it is not a realistic democratic countries that use our arms sophical difference that exists within amendment, and it is not an amend- to maintain their own control and to the Congress. ment that recognizes that there are oppress their own people, and in recent Some in this body simply believe human rights violations, whether it is United States military operations that all arms sales to our allies are in the United States or with our allies overseas, in Panama, Iraq, and Soma- wrong in all cases. They believe that that are sometime recipients of these lia, our troops had to fight against helping our allies defend themselves arms; and, second, the amendment has hostiles armed with the very weapons and helping them defend our vital in- no purpose because the President real- we previously sold to them. terests amounts to exporting violence. ly already has the authority, and the We sold $200 million in weapons to Congress is, in fact, notified when b Somalia. We spent $2 billion fighting 1300 there are these arms sales pending. So soldiers armed with these weapons, I disagree. Often selling arms to our it is not a needed amendment, and it is many times at the destruction of the allies may mean we do not have to send not a useful amendment, and I urge its U.S. soldiers and citizens. U.S. troops, and that makes sense for defeat. This amendment brings Congress Americans. Ms. WATERS. Mr. Chairman, I move into the arms sales process without Moreover, responsible arms sales to strike the requisite number of tying the hands of the President. This have for many years played an impor- words. Mr. Chairman, I rise in favor of this amendment sets reasonable criteria tant role in our Nation’s foreign policy. amendment authored by the gentle- that have to be met before arms can be Obviously, opponents of arms sales to woman from Georgia [Ms. MCKINNEY]. transferred, including promoting de- our allies could not hope to enact a This amendment is about the new mocracy, protecting human rights, par- complete ban on the practice, so they world order. The United States has ticipating in the U.N. arms trade reg- have come up with this lesser amend- emerged as the undisputed political, ister, and refraining from aggression. A ment. economic, and military leader of the waiver is provided for countries that do But we should not artificially re- world. not meet this criteria if the national strict our arms sales to our allies, or With the end of the cold war, the old security requires. hold them hostage to interpretations of ways of doing international business— Mr. Chairman, the McKinney amend- vague definitions contained in this especially military business—are no ment is a very sound amendment. It is amendment. longer adequate. This is a time to re- reasonable and responsible reform. It I welcome continued debate on evaluate. It is a time for America to restores the balance of power in arms whether we should ban all arms sales live up to the promise of its creed— sales between the legislative and the to other nations. But this back door ef- across our borders as well as within executive branches. It helps secure re- fort at beginning such a ban today, them. sponsible decisions in this important should be defeated. This Nation must not support dic- policy area. Mr. Chairman, I yield to the gen- tators. It must stand strongly against Mr. Chairman, I commend the gentle- tleman from Florida [Mr. MICA]. human rights abuses. We have the ca- woman from Georgia [Ms. MCKINNEY] Mr. MICA. Mr. Chairman and my col- pacity—through diplomatic pressure, for bringing forth this wonderful league, I just want to make a couple of business opportunity, and military amendment, and I strongly urge its points and rise in opposition to the arms relationships—to make the world passage. amendment that has been offered here safer for its citizens. The United States Mr. FATTAH. Mr. Chairman, will the this afternoon. should exercise that power. This, Mr. gentlewoman yield? First of all, this does address the Chairman, is what the McKinney Mrs. MEEK of Florida. I yield to the human rights violation question, and amendment is all about. gentleman from Pennsylvania. none of us favor any type of human We only need to look at the recent Mr. FATTAH. Mr. Chairman, I thank rights violations anywhere in the world past to find examples of good inten- the gentlewoman for yielding. or by any of our allies, but the matter tions gone bad in the U.S. arms sales. Let me commend the sponsor of the of fact is that this amendment is not a Many people have heard about the re- code of conduct amendment, and let realistic amendment, and it is not a cent, gross violations of human rights me try to be as brief as possible, Mr. needed amendment. I say to my col- in Turkey. Turkey happens to be one of Chairman. leagues: First of all, if you want to the largest recipients of United States I rise in support of this amendment. look at human rights violations, just military aid. Former Assistant Sec- I think that we cannot divorce Amer- refer to—and I invite all my colleagues retary of Defense Lawrence Korb testi- ican ideals from American foreign pol- to do this, and other folks that are lis- fied yesterday that Turkey’s rulers May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5523 have used United States-supplied F– viet Union and excess conventional be made if the President certifies to 16’s, Black Hawk helicopters and M–60 military equipment flooding global Congress that such a transfer is in the tanks against its own Kurdish popu- markets, I believe it is essential to find national security interests of the Unit- lation. a way to stop the spiral of militariza- ed States and the Congress enacts a The United States also militarily tion. An overarmed developing world law approving such an exception or if supplies human rights abusers in Indo- not only has a terrible human cost, it the President determines that an emer- nesia and Malaysia. Unfortunately, we is also contrary to American interests gency exists under which it is vital to are considering more aid to the Gov- in fostering democracy, building politi- the interests of the United States to ernment of Indonesia—despite widely cal stability, and enhancing growing provide the transfer. If the President reported human rights abuses by the global economy, and I think those are cannot meet this very high standard, Indonesian military against East some of the gentlewoman’s concerns, quote, that an emergency exists, end of Timor. and I certainly agree with them. quote, then this amendment would In the not quite so recent past, this In my mind the solution to the prob- force the Congress to enact a resolu- country felt forced to stop a military lem of militarization in arms transfer tion of approval for arms sale. This, of exercise by Iraqi leader, Saddam Hus- must be a multilateral one. It would do course, turns the current system of sein. We had a major war—risking the us, nor the developing world, any good congressional review of arms transfer lives of thousands of soldiers—against if we reduce exports only to find the on its head, a system that I, for one, do Iraq, a country which had always been gap filled by other suppliers. Yet it is not think to be broken. a human rights abuser, and which had also clear that multi-lateral solutions Now, I do believe the author of this been the recipient of U.S. aid, includ- require U.S. leadership both by the amendment has made a very serious ef- ing military aid. President and by the Congress. fort to modify the language to address Too many times in this country’s Congress has already begun to ad- concerns of limiting Presidential flexi- history, we have been short-sighted dress the need for arms restraint, en- bility by inserting new language under policy in our arms export policy. Too acting several measures which I sup- which countries could receive arms if many times, short-term military alli- port, including, No. 1, encouraging the they were violating the criteria in the ances have led to long-term human President to establish a multilateral bill if the President determines that an rights disasters, or worse. arms restraint regime; No. 2, imposing emergency exists, so there is that flexi- The McKinney amendment does not a moratorium on the export of anti- bility for the President. I would only preclude military assistance to any personnel land mines and calling on point out this is a very high standard country. If the President and Congress the administration to negotiate a and one that I think cannot be met, at agree that an arms sale is in the na- worldwide ban on their deployment; least not in very many instances. The tional security interest, that sale and, No. 3, calling on the administra- President’s room to maneuver is large- would be allowed. tion to oppose multilateral lending to ly circumscribed, so in my view the However, the McKinney amendment countries who refuse to reduce military modification does not fix one of the would establish basic, humane, and ap- spending in concert with their neigh- fundamental flaws of the amendment. propriate standards for the conduct of bors. I want to correct the conclusion here U.S. military export policy. These That brings me to the amendment at that I think supporters of the amend- standards are common sense standards hand. ment may be making. The Congress, Mr. Chairman, I am in strong agree- such as requiring our military exports contrary to what the supporters—— to go to countries which hold free and ment with the sentiments, as I said, The CHAIRMAN. The time of the fair elections; such as being sure our which were expressed in the amend- gentleman from Nebraska [Mr. BEREU- sales go to countries which do not en- ment which express the view that we TER] has expired. gage in gross violations of human should not sell arms to countries that rights, and making sure that our arms are democratic, that do not respect (By unanimous consent, Mr. BEREU- exports do not go to countries which human rights, and that do not promote TER was allowed to proceed for 3 addi- engage in illegal acts of armed aggres- peace and stability. Where I have prob- tional minutes.) sion. lems with this amendment is that it Mr. BEREUTER. The Congress, con- If there was ever a time when this mandates, at least as I read it, that trary to what the supporters of the country could justify working with human rights, democracy, and partici- amendment are seeming to be saying, human rights abusers to further some pation of the U.N. arms registry of con- currently has a very important role in longer-term strategic objective, that ventional arms be the only criteria determining which sales are made. In time is surely past. This country, with- that should govern our arms transfers. many ways, tangible or not so tangible, out any serious military threat to our To say that these criteria should be the Congress influences the sales about security, now must face its responsibil- paramount in evaluating a particular which the administration ends up noti- ity, and act as the world’s moral lead- transfer is, I think, going too far. This fying the Hill. There is an elaborate er. The McKinney amendment would is too restrictive in my view. Arms consultation procedure which we will apply a moral test to U.S. foreign pol- transfers serve important foreign pol- not find in the formal statutory law icy. icy and national security objectives. whereby the administration vets pos- Let us assert our role as a moral That can contribute to regional stabil- sible sales with the appropriate com- leader in the world. Support the ity and help deter aggression. They can mittees. Members and staff briefings McKinney amendment. even foster interoperability should U.S. are convened on proposed sales that are Mr. BEREUTER. Mr. Chairman, I Assistance ever be required as in the controversial, and, contrary to what move to strike the requisite number of Desert Storm operation. some may think, the administration words. Human rights and the democratic backs off and drops proposed sales, not (Mr. BEREUTER asked and was make up of recipient governments just this administration, but that has given permission to revise and extend ought to be among the criteria in mak- been the trend and the practice. his remarks.) ing a final decision on a proposed So, it is incorrect, I think, to argue Mr. BEREUTER. Mr. Chairman, I transfer. In some cases they may be that we have no role under the current rise in opposition to the McKinney the primary criterion, but not in all process. The administration and the amendment. I agree with some of her cases. The President must be able to Congress are in constant dialogue concerns, but not the solutions em- weigh all relevant criteria to reach about arms transfers which are con- bodied in the amendment. sensible, sound decisions on the merit ducted in accordance with the Arms Certainly, Mr. Chairman, during the of each proposed transfer. Export Control Act. The Congress sig- cold war the two superpowers did Moreover, the amendment would re- nificantly influences arms transfers in transfer billions of dollars of weapons quire the President to certify annually direct and practical ways through the to the developing world every year as a those nations that qualify for arms years beginning with consultation on part of their strategic competition. transfer according to these criteria. the Javits report. Critics of arms With the dissolution of the former So- Transfer to other countries could only transfer point to the fact that Congress H 5524 CONGRESSIONAL RECORD — HOUSE May 24, 1995 has never enacted a resolution of dis- been ashamed of ourselves in dealing The CHAIRMAN. The time of the approval on arms sales. That is not a with the tyrants we were dealing with. gentleman from California [Mr. correct measure. In fact, congressional But just like in the Second World War ROHRABACHER] has expired. passage of such a resolution would rep- when we allied ourselves with Stalin, (On request of Mr. BURTON of Indiana resent a breakdown of the existing we allied ourselves in the cold war and by unanimous consent, Mr. process, not a measure of its success. against the communists with some un- ROHRABACHER was allowed to proceed The fact that we have not passed a res- savory characters. for 1 additional minute.) olution then is evidence that in fact That is no longer the case. The cold Mr. BURTON of Indiana. Mr. Chair- the consultation process is working. war is over, and today human rights man, will the gentleman yield? Mr. ROHRABACHER. I yield to the b 1315 should play a more important role in our decisionmaking process than it did gentleman from Indiana. Now, I have gone on at length here when we were under attack. If a coun- Mr. BURTON of Indiana. Mr. Chair- because I think this is a serious amend- try is crucial to our national security, man, the gentleman made one salient ment with much merit. But the author even besides the fact we are not in the point in his comments. He said during of this amendment is committed to the cold war, this amendment provides us the Reagan administration, in which issue, and I commend her. But for the the ability to say well, you may not be he served, that the felt the President reasons I stated, I cannot support it in up to our democratic standards, and in- should have this latitude, because of its current form, and I would urge a deed we want you to be more demo- the critical time problems that the ‘‘no’’ vote for all of my colleagues. cratic and respect human rights, but President should not have to mess Mr. Chairman, I strongly urge a ‘‘no’’ we will put you on an exception list. around with Congress for 3 or 4 weeks vote. You are acceptable because you are when he might have to make a quick Mr. ROHRABACHER. Mr. Chairman, crucial to the national security inter- decision. I move to strike the requisite number What makes the gentleman think ests of the United States. of words. that will not happen at some point in Mr. Chairman, will wonders never I would imagine we might debate the future with some future President? cease, where my colleague from Geor- countries like Saudi Arabia, who I be- Mr. ROHRABACHER. Mr. Chairman, gia and I are standing together on an lieve is crucial to the security of the reclaiming my time, the cold war is issue in this body? United States, and other kingdoms over. The fact is that today we should Let me note that the cold war is where people in those countries are not be operating under the same rules over. I would not have supported this more inclined toward having a king- as when our country was targeted by a amendment if it had been 10 years ago. dom than a democracy. That would be very powerful enemy that meant to de- I believe that now is the time for us as a legitimate decision we could make. I stroy us. We now can afford to bring a Nation to seriously consider what our have no doubt this Congress is capable the moral questions into play, and we policies are around the world in a dif- to working with the President to deter- should, the human rights questions, ferent light than what we did 10 years mine which nondemocratic countries the democracy questions. This is what ago during the cold war. are crucial to our national security. America can stand for, and if we do, we This amendment puts Congress This gives the President in fact lever- will have the allegiance of young peo- squarely in the decisionmaking proc- age even in those countries to secure ple around the world, rather than the ess. My good friend, the gentleman more human rights for their people, fear of those young people of their own from Nebraska [Mr. BEREUTER], just when now the President cannot just regimes that might be armed by our suggested there is a process that is say well, the Congress is forcing me people. That is the way America should taking place right now, but it is just and thus have a dialog with these coun- be. That is the strength. Abraham Lin- not codified. It is not set down solid in tries. coln said, ‘‘Right makes might.’’ legislation. Now, I may, as I say, disagree with Mr. FARR. Mr. Chairman, I move to Well, I believe that now that the cold the proponents of this amendment on strike the requisite number of words. war is over we can afford to take this many issues in terms of what countries Mr. Chairman, I rise in strong sup- decisionmaking process about what we are dealing with, but the principle port of the gentlewoman from Geor- kind of countries that we will be deal- is sound. Let me say this in terms of gia’s amendment to H.R. 1561, the ing with, especially arming to the the practicality. When Ronald Reagan McKinney Arms Code of Conduct. The teeth, what kind of countries we will became President of the United States, Arms Code of Conduct is a rational ap- be selling our sophisticated weaponry we decided we were no longer going to proach. It implements a coherent and to, is a decision in which the Congress be just anti-Communist and support comprehensive arms control policy. can play a legitimate and verifiable anti-Communist regimes. I believe that This legislation would prohibit U.S. role, and that we can be held account- was the turning point in the cold war. military assistance and arms transfers able to our own people for the moral to foreign governments, unless the basis of the decisions that are being When Ronald Reagan made human President certifies that the foreign made by our Government in this area. rights and democracy the issue against government adheres to a national code When the cold war was on, we left the Communists, when he turned away of conduct. these decisions up to the President of from just supporting dictators who are In order to be eligible for military as- the United States, and I supported anti-Communist but instead went to sistance, the gentlewoman’s amend- that, because we were up against an the people of then the Soviet Union ment specifically requires that the for- enemy that wanted to destroy our and other countries under Communist eign government head be elected country. I was, as many of you know, a domination and said we in the West do through a fair and free elections proc- member of President Reagan’s staff for believe in democracy and we are will- ess; that the country respect human 7 years. I felt it appropriate that the ing to support those people who are rights and not be engaged in any ag- President had the right to counter So- struggling for freedom, and we estab- gression which violates international viet moves that were aimed at putting lished the National Endowment for De- law; and must fully participate in the us in a vulnerable situation to a mili- mocracy, that is when the cold war U.N. Register of Conventional Arms. tary threat, without necessarily having turned around. The United States is the sole super- to come to Congress and have the issue In the long run, that proved the power in the world and the world’s un- debated on for weeks. downfall of communism. It was the disputed leader in arms exports. Today, We are not in that situation today. In practical thing to do. In the short run, U.S. firms dominate more than 70 per- fact, during the cold war, human rights it gave us some problems, because cent of the international arms sale were secondary in many of the cases in there were some anti-Communist dic- market, up from 57 percent in 1991. Ac- our dealings with foreign countries. In tatorships which basically were on our cording to the U.S. Arms Control and many cases, if we were not dealing side. This too will be practical if we Disarmament Agency’s 1993–94 report, with such a hostile and horrible enemy have guts enough to stand for our prin- World Military Expenditures and Arms as the communists, we should have ciples. Transfers, the United States sold $10.3 May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5525 billion in arms exports worldwide, U.N. Registry of Conventional Arms, sell it to them and how they use it is compared to our closest competitor, all give us a sound basis on which to their business.’’ But it greatly dis- which is Great Britain, which racked evaluate who we ought to be selling tressed me to know that people, inno- up $4.3 billion in sales. In 1994 alone, arms to. It is correct policy because it cent civilians, were being destroyed by the U.S. taxpayer paid more to sub- gives us leverage. It enables us to le- the dropping of these 500-pound bombs. sidize weapons sales than we paid for verage those people who are buying our I remember bringing that issue to the the Federal elementary and secondary arms in the direction that we wish attenetion of our National Security education programs. them to go. Adviser, Brent Scowcroft. He surely Ninety percent of the significant eth- It is also good policy because it im- agreed. He said, ‘‘Yeah, we sold those nic and territorial conflicts in the poses moral values. People throw that bombs, and other kinds of military world in the last 2 years involve one or around. We ought to have moral values hardware to the former Yugoslavia,’’ more parties which had received some in U.S. policy. Well, opposing human which had a disgusting human rights type of U.S. weaponry or military tech- rights violations, promoting democ- record. nology in a period leading up to the racy, and opposing aggression rep- Now, I think we need to be more seri- conflict. Additionally, in the war with resents the best of moral values. ous about who we are willing to sell Iraq there were countless documented I am not naive. There are certainly arms to. This code of conduct may not and verified instances where U.S. circumstances that are exigent that be perfect. It may be liable to addi- troops faced the enemy who was armed will require changes in this policy. The tional change as it makes its way with U.S. based technology and weap- bill addresses that. It has a national se- through conference, should it pass. onry. curity exception which the President There are reasonable objections by rea- Mr. Chairman, as the world’s leading can utilize. It also has an emergency sonable people about what ought to be exporter of weaponry, the United waiver which the President can utilize. a part of this, whether or not the na- States has an implicit responsibility to But it seems to me we have got to quit tional security exemption is the best provide global leadership on this issue being passive and reactionary and un- and most properly drawn way of pro- by formulating a policy of restraint. derstand what advancing our interests ceeding. But I think it makes a clear While the world’s arms market is a lu- really means. I urge adoption of the statement that it will not be business crative venture, no country has been McKinney amendment. as usual. Arms sales ought to be condi- willing to take up unilateral steps to- Mr. SMITH of New Jersey. Mr. Chair- tioned and human rights ought to mat- ward control, fearing loss of exports to man, I move to strike the requisite ter. market competitors. Therefore, it is number of words. Unfortunately, we have had hearings Mr. Chairman, today I rise in support vital as the world’s leading supplier, in the Committee on Human Rights, of the code of conduct amendment that that the United States take respon- the Subcommittee on International Op- is offered by my friend and colleague, sibility for initiating a comprehensive erations and Human Rights which I the gentlewoman from Georgia [Ms. and a rational approach to controlling chair, two human rights hearings. Am- MCKINNEY]. The code of conduct will be nesty International came forward and arms sales, which will prevent repeat the first major reform of U.S. arms scenarios, such as those that occurred told us in this administration, the transfer policy in almost two decades. Clinton administration, human rights in Iraq where United States forces The code of conduct highlights guid- faced weapons supplied by the United is an island, disconnected from policy ing principles on human rights and de- considerations. States. mocracy which I believe are important I urge my colleagues to support the to America’s leadership role in the b 1330 adoption of the McKinney Arms Code post-cold-war era. This amendment We have seen it in a myriad of other of Conduct amendment. This amend- would help stem the flow of U.S. weap- issues like the most-favored-nation ment is supported by 103 cosponsors, ons to countries that violate human status for China and other kinds of Democrats and Republicans alike, in- rights of its citizenry and fail to re- human rights considerations. There is cluding the chair of the Senate Com- spect international human rights a disconnect. This tries to, at least in mittee on Appropriations. Approving standards. The code of conduct offers the selling of arms, which kill people, this legislation will be one of the most an avenue for America to make viola- we try to make sure, the gentlewoman significant steps this body takes to en- tors of human rights accountable for from Georgia [Ms. MCKINNEY] tries to hance our national foreign policy. their actions if they wish to continue make sure that, if we are going to sell Mr. Chairman, I yield to the gen- to receive U.S. arms sales. arms, that human rights is a signifi- tleman from Maryland [Mr. WYNN]. Mr. Chairman, two-thirds of all the cant factor. Mr. WYNN. Mr. Chairman, I would foreign military sales went to coun- I thank the gentlewoman for offering like to thank the gentleman for yield- tries described by the State Depart- the amendment. ing. ment Country Reports on Human Mr. FALEOMAVAEGA. Mr. Chair- Mr. Chairman, I also rise in support Rights Practices as human rights vio- man, I move to strike the requisite of the McKinney amendment. I think it lators, with undemocratic govern- number of words. is a very responsible amendment. I ments. The code of conduct is sup- I rise to offer my strong support of comment her for introducing it. Quite ported by some 275 national organiza- the amendment offered by my col- simply, it seems to me in the absence tions who believe that human rights league and good friend the gentle- of the cold war we have lost our way in should play a key role in our arms ex- woman from Georgia, [Ms. MCKINNEY]. terms of foreign policy. Foreign policy port policy. Mr. Chairman, I recall one of the fun- is supposed to advance our interests, Mr. Chairman, I will never forget damental concerns raised by one of our our long-term interests, in the global some years back when I made a trip to great Presidents in our time—the late community. To do this, however, we Croatia when it was under siege. The President Dwight Eisenhower. Before cannot be passive. We have to have gentleman from Virginia [Mr. WOLF] leaving the White House and in one of some standards and objectives to pur- and I got into a place by the name of his speeches—President Eisenhower sue. Vukovar. Vukovar was surrounded by warned our nation of the It seems to me our objective ought to Serb artillery and tanks. We went everincreasing power and influence of be encouraging diplomatic solutions there to try to bear witness to peace the industrial military interests in our around the world and discouraging and to try to encourage the people country. warfare and the use of weapons around there. We followed it up with meetings Now don’t get me wrong—I want our the world. The McKinney amendment with President Milosevic and others. military industry complex to produce represents sound policy advancing our But I remember looking at shell cas- weapons and military equipment that foreign policy interests, because it sets ings and bomb casings that littered the meet our national security interest a specific criteria on which we can streets, dozens of bomb casings, and too—but the question is how much and evaluate arms sales. Democracy, adher- they were U.S. made. to whom should we sell these weapons? ence to human rights, the absence of Now, some people can say ‘‘Oh, big Mr. Chairman, everyone here in this aggression, and participation in the deal. That doesn’t really matter. We Chamber knows that our Nation is the H 5526 CONGRESSIONAL RECORD — HOUSE May 24, 1995 largest producer and exporter of mili- to] . . . allies, major coalition partners, and Second, we should not hamstring the tary equipment and weapons of war. It European neutrals.’’ President of the United States in his is time that our national leaders need Davis confirmed that the administration is conducting of foreign policy. And third, to be more sensitive about exporting considering offering F–16 jet fighters to Indo- the economic concerns that I talked nesia, despite recent evidence of fresh abuses and selling of weapons of war to kill by Indonesian military forces in East Timor. about awhile ago are real, because and maim other human beings. Assistant Secretary of State for Human there are other countries who will sell Mr. Chairman, I commend the gentle- Rights John Shattuck, who appeared with this equipment to foreign governments woman for introducing this amend- Davis, said ‘‘we are paying close attention to if we do not. Along with those sales ment, and I urge my colleagues to sup- Indonesia’s human rights situation and will will go American jobs. port this amendment. take this into consideration’’ in deciding on I think those points should be consid- Mr. Chairman, I include for the such sales. ered by my colleagues. We have the au- With regard to Turkey, he said ‘‘we are, as RECORD the following article: thority to deal with this problem al- you know, gravely concerned about the use [From the Washington Post, May 24, 1995] of [U.S.-made] military material, particu- ready. We do not need this amendment. ARMS SALES ‘CONDUCT CODE’ OPPOSED— larly cluster bombs’’ during Turkey’s mili- I thank the gentleman for yielding to STATE DEPARTMENT SAYS PROPOSAL COULD tary assaults on Kurds in southeastern Tur- me. IMPINGE ON POLICY AND FRIENDLY NATIONS key and northern Iraq. Mr. DURBIN. Mr. Chairman, I move (By R. Jeffrey Smith) But Shattuck did not say whether the use to strike the requisite number of of these arms would affect future sales to The Clinton administration declared yes- words. Turkey, which he described as ‘‘a crucial terday that it opposes a ‘‘code of conduct’’ Mr. Chairman, I rise in support of NATO ally.’’ drafted by some members of Congress to this amendment offered by the gentle- Lawrence J. Korb, an assistant secretary of block U.S. arms sales to countries that com- defense in the Reagan administration who is woman from Georgia. I can tell you mit human rights abuses or are not demo- now at the Brookings Institution, testified that in the course of my service in Con- cratic. later that Turkey’s use of F–16s, Black Hawk gress, too often we have seen instances At a Senate hearing, Undersecretary of helicopters and M–60 tanks against the where we have taken the scarce re- State Lynn E. Davis criticized the proposed Kurds indicated that many U.S. arms trans- code on grounds that its rigid criteria for sources of the United States, bought ferred overseas ‘‘are used not against the for- arms sales would impinge on the administra- military weaponry, sent it to corners eign enemies of the U.S., but against the in- tion’s authority to decide foreign policy and of the world and then find not too digenous populations.’’ could force a cutoff of military aid to friend- much later that it has been turned ei- ly nations in regions important to U.S. in- Mr. GILMAN. Mr. Chairman, I move ther on our country or on our allies. terests. to strike the requisite number of These so-called boomerang sales are The code, which is scheduled to come up words. addressed directly by the amendment for a vote on the House floor today, was Mr. Chairman, I yield to the gen- offered by the gentlewoman from Geor- crafted by Sen. Mark O. Hatfield (R-Ore.) and tleman from Indiana [Mr. BURTON]. gia. I think her amendment is a step in Rep. Cynthia McKinney (D-Ga.) to stanch es- Mr. BURTON of Indiana. Mr. Chair- timated annual sales or gifts of billions of the right direction. I rise in strong sup- dollars worth of U.S. arms to countries that man, I will not take the whole 5 min- port. the sponsors claim are not upholding impor- utes. I would just like to put some Mr. Chairman, I yield to the gentle- tant U.S. values. At the hearing, Hatfield facts on the table. woman from Georgia. particularly criticized recent U.S. arms sales Right now under the Export Control Ms. MCKINNEY. Mr. Chairman, I to Malaysia, Indonesia and Turkey, which he Act, the Congress of the United States would just like to correct for the said had each engaged in recent human can stop sales. In the past when the record some misstatements and mis- rights abuses. President, any President, has started representations that have been made The proposed code states that U.S. mili- to go ahead with arms sales and he tary assistance and arms transfers should be about this amendment. provided only to nations with governments found opposition was rising under the First of all, this amendment does not chosen by free elections that protect basic Export Control Act that was passed by ban arms sales to any country. Second, freedoms and are not engaged in ‘‘gross vio- the Congress of the United States, they if there is a problem with this amend- lations of internationally recognized human have pulled in their horns and they ment in terms of human rights, it is rights.’’ have renegotiated those sales deals not that this amendment will fail be- It also bars aid to nations engaged in ille- with these foreign countries. So we al- cause it does not address human rights gal acts of armed aggression and to nations ready have the authority in law to do well enough; it will fail for other rea- that do not register their arms transactions what is being talked about today. The with the United Nations. The president could sons. waive these restrictions for any country, but only difference is we are turning the Let me just begin to say what some only with congressional approval. process around. That hamstrings the of those reasons are. The code has collected 102 sponsors in the President of the United States in his One is that we are spending millions House, but last week it missed gaining the conducting of foreign policy. That is a of dollars to quell regional strife that International Relations Committee’s en- mistake we, in turn, are the fomenters of. First dorsement by a one-vote margin. Hatfield Ten years ago, the United States con- of all, we are fomenting murder and has vowed to try to attach it to a foreign aid trolled only 15 percent of the arms rampage around the world by fueling or defense appropriations bill this year. sales. My colleagues who spoke on the conflict, by arming potential adversar- Davis told a Senate Appropriations sub- committee that while the administration other side are absolutely right; we do ies, that is the boomerang effect that supports the ‘‘principles’’ expressed by the control a large part of arms sales my colleague just spoke about, by pro- code, it ‘‘simply cannot agree to this today, but that is because the Soviet moting territorial expansion and weighting of criteria’’ for deciding on indi- Union has disintegrated. Ten years crossborder aggression and also by fa- vidual arms sales. ago, they controlled 50 percent of the cilitating terrorism and repression. Instead, she said, the administration pre- arms sales worldwide, and they sold to And, in fact, as we learned recently, fers its own policy of selling arms based on countries like Iraq, Iran, and Libya. We the CIA funded Jihad school over in Af- ‘‘national security,’’ as spelled out in flexi- are not selling to those pariah coun- ble language approved by President Clinton ghanistan trained two of the suspects in February. tries, but they did. in the World Trade Center bombing. Under this policy, Davis said, no single cri- Now that they have fallen apart, our Second, we are violating our own terion such as respect for human rights percentage of the market has gone up, law. The law states that it shall be the ‘‘takes precedence over another.’’ Arms but we are still below, way below, policy of the United States to exert transfers can be made to nondemocratic na- where we were 10 years ago. So while leadership in the world community to tions if they promote regional stability or our percentage is higher, our actual bring about an arrangement for reduc- help prop up failing U.S. defense companies sales are lower. So the bottom line is ing the international trade in imple- that produce key military technologies. this. Simply put, we have the control ments of war. We are violating our own Although McKinney has charged that 90 percent of the $12.9 billion in U.S. arms sales in the Congress to stop any arms sales policy. approved last year went to countries that that we want to under the Export Con- And then finally, why is that the Washington classifies as nondemocratic, trol Act. We do not need this legisla- case? It is the case because in the Davis said the ‘‘vast majority [went tion. Washington Post story by Jeffrey May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5527 Smith in today’s newspaper, it says problems of lagging U.S. competitiveness in philosophies concerning foreign military sales. that the present administration takes nonmilitary industries. Furthermore, arms ex- With the dissolution of the Soviet Union, many the tack that arms transfers can be ports undermine peaceful conflict resolution of the principles which guided our arms export made to nondemocratic nations if they upon which world trade, economic growth, and policies in the past no longer are relevant. The help to prop up failing U.S. defense long-term job creation are based. provisions of the Code of Conduct on Arms companies. Administration policy states that the impact Transfers will establish a sensible, much- So the bottom line, once again, is the on defense jobs must be taken into account needed framework for making decisions about amount of money that is being spent in when exports are considered. Well, Mr. Chair- what we send abroad and to whom. The Unit- failing U.S. defense industries. man, I wish we would extend the same con- ed States should take a leadership role in Finally, I would just like to com- sideration to the impact on the lives and well- forging new policies and encouraging new pliment and thank those people who being of American service personnel. Our lais- thinking in this area. have worked so hard on behalf of this sez-faire approach to arms sales creates a Being the world's No. 1 weapons supplier is amendment. They are the over 200 self-generated dangerÐthe possibility that our a very dubious distinction. As we approach the grassroots organizations that have service men and women will someday be start of the 21st century, we should re-evalu- gone around the country in support of fightings nations or groups who obtained U.S. ate the priorities which have placed us in this this amendment, the strong support of weapons and technology. category and look to the Code of Conduct as our colleagues who have spoken here Even the Pentagon now officially acknowl- a model. this afternoon and who have cospon- edges that it faces the prospect of American Again, I would like to thank Representative weapons being used against U.S. military per- sored this amendment, and finally the MCKINNEY for all her hard work on behalf of strong staff work of Robin Sanders who sonnel. In his latest Annual Report to the this important issue. I strongly support this ini- put it all together. President and Congress, Secretary of Defense tiative and urge my colleagues to vote for the Mr. DURBIN. Mr. Chairman, I thank Perry writes that ``threats encountered in major McKinney amendment. the gentlewoman. I want to echo her regional conflicts would be standing armies of The CHAIRMAN. The question is on comments. It is a false economy for us foreign powers, armed with mixes of old and the amendment offered by the gentle- modern weapons systems. * * * Thus, U.S. to believe that we are encouraging ex- woman from Georgia [Ms. MCKINNEY]. ports and creating American jobs by forces must be prepared to face a wide variety The question was taken; and the these arms transfers and in question- of systems, including some previously pro- Chairman announced that the noes ap- duced in the United States.'' able situations, because, as the gentle- peared to have it. With its current policy, the United States is woman alludes to, many times we find RECORDED VOTE in the future even greater expenditures bolstering the warfighting capabilities of a sub- Ms. MCKINNEY. Mr. Chairman, I de- are necessary because of this so-called stantial number of those fighting today's con- flicts. It does not take a stroke of genius to re- mand a recorded vote. boomerang effect. We send guns to the A recorded vote was ordered. wrong people. They turn on us. They alize that these capabilities can just as easily be used against U.S. soldiers, sailors, and air- The vote was taken by electronic de- shoot at us and they shoot at our vice, and there were—ayes 157, noes 262, friends. men. It is a sad irony that the current U.S. arms not voting 15, as follows: What the gentlewoman is trying to trade policy confirms the words of cartoonist do is to minimize that possibility. She [Roll No. 351] Walt Kelly's character, Pogo, when he said, has the strong support of so many or- AYES—157 ``We have met the enemy and it is us.'' Abercrombie Gutierrez Owens ganizations, including the U.S. Catho- Mr. MARKEY. Mr. Chairman, I rise today in lic Conference and others, and I hope Ackerman Hall (OH) Pallone strong support of the Code of Conduct on Barrett (WI) Hastings (FL) Pastor my colleagues will take her amend- Arms Transfers and commend my colleague Becerra Hefner Payne (NJ) Beilenson Hilliard ment very seriously and join me in sup- from Georgia, Representative CYNTHIA MCKIN- Pelosi Berman Hinchey Peterson (MN) porting it. NEY, for bringing this important legislation to Ms. FURSE. Mr. Chairman, I rise in support Bishop Horn Pomeroy the floor today. Boehlert Houghton Porter of the Arms Trade Code of Conduct. Since 1990, the United States has been the Bonior Hoyer Poshard The House International Relations Commit- top-selling merchant in the international arms Borski Jackson-Lee Rahall Boucher Jacobs tee nearly passed this historic piece of legisla- Rangel bazaar. We have dominated the global arms Brown (CA) Johnson (SD) Reed tion in its markup last week, where it failed by Brown (OH) Johnston market by sending billions and billions of dol- Reynolds a margin of just 18 to 17. A Gallup Poll re- Bryant (TX) Kanjorski lars worth of all types of weaponry to some of Richardson leased in February found that only 15 percent Cardin Kaptur the world's worst human rights abusers and Clay Kasich Rivers of those queried supported our Government most corrupt and repressive regimes. Sophisti- Clayton Kennedy (MA) Rohrabacher selling military equipment to other countries. cated combat weapons exported from the Clement Kennedy (RI) Rose Roybal-Allard The European Union and the United States United States, such as armored personnel car- Clyburn Kildee together sell 90 percent of the world's weap- Coleman Lantos Rush riers, antitank missiles, and specialized rifles, Collins (IL) Leach Sabo ons. No country has been willing to take uni- have found their way into the hands of notori- Collins (MI) Levin Sanders lateral steps toward control, fearing it will lose ous international troublemakers and fueled Condit Lewis (GA) Sawyer export markets to competitors. Therefore, it is conflicts raging throughout the world. Conyers Lincoln Schiff vital that as the world's leading suppliers, the Costello Lipinski Schroeder Placing short-term economic interests above Coyne LoBiondo Scott European Union, and the United States work crucial security concerns and fundamental Danner Lowey Serrano together to implement restraint. human rights principles has serious con- DeFazio Luther Skaggs Fortunately, the European Parliament has sequences, both for our stature as a world Dellums Maloney Slaughter Diaz-Balart Manton started that process already. In January of this leader and for the safety of U.S. military per- Smith (NJ) Dixon Markey Stark year, the European Parliament passed a reso- sonnel engaged around the world. By cashing Doggett Martinez Stokes lution calling on the European Union to imme- in on profits from arms sales abroad without Dooley McCarthy Studds diately implement a coherent and comprehen- closely scrutinizing potential customers ac- Dornan McDermott Stupak Durbin McHale Tanner sive arms export control policy at the Union cording to criteria like the ones outlined by Ehlers McKinney Thompson Engel Meehan level. A measure similar to this amendment Representative MCKINNEY, we risk incurring Torres Eshoo Meek before us today is being considered by the substantial security and human costs. During Torricelli Evans Menendez European Union at this time. the Gulf war and in Somalia, for example, the Farr Mfume Towns As the world's leading exporter of weaponry, safety of many of our men and women in the Fattah Miller (CA) Traficant the United States has a special responsibility Armed Forces was threatened by weaponry Fields (LA) Mineta Tucker Velazquez to provide global leadership in the area of re- sold by our own Government. Moreover, sky- Filner Minge Flake Mink Vento straint. rocketing arms sales have contributed to re- Foglietta Moakley Volkmer As to the issue of jobs in the United States, gional arms races, which in turn force us to in- Ford Morella Ward we must weigh the limited economic benefits crease spending to deal with greater threats to Frank (MA) Nadler Waters of expanding arms exports against the larger Furse Neal Watt (NC) our national security. Gephardt Oberstar Waxman costs to the economy as a whole. Arms ex- As we continue to adjust to the realities of Gordon Obey Williams ports do nothing to address the fundamental the post-cold-war world, we need to revise our Green Orton Wise H 5528 CONGRESSIONAL RECORD — HOUSE May 24, 1995 Wolf Wyden Yates b 1358 restores the $25,160,000 to the current Woolsey Wynn Zimmer Mr. COX and Mr. DICKS changed funding level of the Food for Develop- NOES—262 their vote from ‘‘aye’’ to ‘‘no.’’ ment United States food assistance Allard Frisa Murtha Messrs. REYNOLDS, DOOLEY, and program for fiscal year 1996 and 1997. Archer Frost Myers EHLERS changed their vote from ‘‘no’’ This is the Food for Peace Program, Armey Funderburk Myrick to ‘‘aye.’’ title III. Bachus Gallegly Nethercutt The current funding is $157 million. Baesler Ganske Neumann So the amendment was rejected. Baker (CA) Gejdenson Ney The result of the vote was announced The legislation before us cuts it to Baker (LA) Gekas Norwood as above recorded. zero. What I am attempting to do is to Baldacci Geren Nussle AMENDMENT OFFERED BY MR. BEREUTER take $25 million from the USIA, the Ballenger Gibbons Ortiz Mr. BEREUTER. Mr. Chairman, I U.S. Information Agency’s education Barcia Gilchrest Oxley Barr Gillmor Packard offer an amendment, amendment No. and cultural exchange programs, and Barrett (NE) Gilman Parker 26. restore at least $25 million to the title Bartlett Gonzalez Paxon The Clerk read as follows: III program. Barton Goodlatte Payne (VA) Amendment offered by BEREUTER: At the The Bereuter amendment helps en- Bass Goodling Petri Bentsen Goss end of the bill, add the following: Pickett sure that U.S. foreign assistance is di- Bereuter Graham Pombo DIVISION D—ADDITIONAL PROVISIONS rected to the world’s most deserving Bevill Greenwood Portman TITLE XLI—PUBLIC LAW 480 Bilbray Gunderson aid recipients, starving people in Pryce Bilirakis Gutknecht SEC. 4001. AUTHORIZATION OF APPROPRIATIONS famine- and war-stricken countries. Quillen Bliley Hall (TX) FOR TITLE III. Quinn Mr. Chairman, the U.S. food assist- Blute Hamilton (a) IN GENERAL.—Notwithstanding section ance has been reduced by 24 percent in Boehner Hancock Radanovich 3242 of this Act, there are authorized to be Ramstad Bonilla Harman appropriated $25,000,000 for each of the fiscal the last 2 years. In March the United Bono Hastert Regula States told other food donor countries Riggs years 1996 and 1997 for the provision of agri- Brewster Hastings (WA) cultural commodities under title III of the that we would decrease our minimum Browder Hayes Roberts Brown (FL) Hayworth Roemer Agricultural Trade Development and Assist- commitment of food aid from 4.47 to 2.5 Brownback Hefley Rogers ance Act of 1954 (7 U.S.C. 1727 et seq.). million metric tons. Over the past dec- Bryant (TN) Heineman Ros-Lehtinen (b) AUTHORITY TO TRANSFER AMOUNTS.— ade, the United States has provided be- Bunn Herger Roth Notwithstanding any other provision of law, tween 6.5 and 8 million metric tons. Bunning Hilleary Roukema amounts authorized to be appropriated by Burr Hobson Royce subsection (a) may be used to carry out title The Bereuter amendment, through au- Burton Hoekstra Salmon II of the Agricultural Trade Development thorizing $25 million for the Food for Buyer Hoke Sanford and Assistance Act of 1954 (7 U.S.C. 1721 et Peace Program, still represents a 50- Callahan Holden Saxton Camp Hostettler Schaefer seq.). percent cut in the President’s fiscal Canady Hunter Schumer SEC. 4002. REDUCTION IN AUTHORIZATIONS FOR year 1996 budget request. Castle Hutchinson Seastrand CERTAIN UNITED STATES INFORMA- U.S. food assistance funds are spent Chabot Hyde Sensenbrenner TIONAL, EDUCATIONAL, AND CUL- here in the United States on agricul- Chambliss Inglis Shadegg TURAL PROGRAMS. Chapman Istook Shaw Notwithstanding paragraphs (1) and (3)(F) tural commodities, processing, bag- Chenoweth Jefferson Shays of section 2106 of this Act, the following ging, enrichment, internal transpor- Christensen Johnson (CT) Shuster amounts are authorized to be appropriated tation, port facilities and shipping. My Chrysler Johnson, E. B. Skeen to carry out international information ac- Clinger Johnson, Sam amendment is supported by the mer- Skelton tivities and educational and cultural ex- chant marine organizations. Coble Jones Smith (MI) change programs under the United States In- Coburn Kelly I am pulling the $25 million in this Smith (TX) formation and Educational Exchange Act of Collins (GA) Kennelly Smith (WA) amendment from USIA’s education and Combest Kim 1948, the Mutual Educational and Cultural Solomon Exchange Act of 1961, Reorganization Plan cultural exchange programs and ad- Cooley King Souder Cox Kingston ministrative accounts. The Congres- Spence Number 2 of 1977, the United States Inter- Cramer Klink Spratt national Broadcasting Act of 1994, the Radio sional Quarterly May 6, 1995, article Crane Klug Stearns Broadcasting to Cuba Act, the Television pointed out a $2 billion international Crapo Knollenberg Stenholm Broadcasting to Cuba Act, the Board for Cremeans Kolbe exchange program, ‘‘They have ex- Stockman International Broadcasting Act, the Inspec- Cunningham LaFalce ploded into a hodgepodge of seemingly Stump tor General Act of 1978, the North/South Cen- Davis LaHood duplicative and overlapping overseas de la Garza Largent Talent ter Act of 1991, the national Endowment for Deal Latham Tate Democracy Act, and to carry out other coun- activities.’’ DeLauro LaTourette Tauzin tries in law consistent with such purposes: Mr. Chairman, I think it is an appro- Taylor (MS) DeLay Laughlin (1) SALARIES AND EXPENSES.—For ‘‘Salaries priate place for us to move $25 million Deutsch Lazio Taylor (NC) Tejeda and Expenses’’, $445,645,000 for the fiscal year to the Title III Food for Peace Program Dickey Lewis (CA) 1996 and $423,080,000 for the fiscal year 1997. Dicks Lewis (KY) Thomas so it is not completely zeroed out. It is (3) EDUCATIONAL AND CULTURAL EXCHANGE Dingell Lightfoot Thornberry important for humanitarian reasons. It PROGRAMS.—For ‘‘Hubert H. Humphrey Fel- Doolittle Linder Thornton is important for our domestic purposes, Doyle Livingston Thurman lowship Program’’, ‘‘Edmund S. Muskie Fel- Dreier Lofgren Tiahrt lowship Program’’, ‘‘International Visitors as well, and it keeps a commitment we Duncan Longley Torkildsen Program’’, and ‘‘Mike Mansfield Fellowship have made. It still cuts the President’s Dunn Lucas Upton Program’’, ‘‘Claude and Mildred Pepper request by 50 percent. I think that is Edwards Manzullo Visclosky Vucanovich Scholarship Program of the Washington too much, but $25 million seems to me Ehrlich Martini Workshops Foundation’’, ‘‘Citizen Exchange Emerson Mascara Waldholtz at least to be a start back up the hill. English Matsui Walker Programs’’, ‘‘Congress-Bundestag Exchange I urge my colleagues to strongly sup- Ensign McCollum Walsh Program’’, ‘‘Newly Independent States and port the amendment. Wamp Everett McCrery Eastern Europe Training’’, ‘‘Institute for Mr. Chairman, I yield to the distin- Ewing McHugh Watts (OK) Representative Government’’, and ‘‘Arts Fawell McInnis Weldon (FL) America’’, $67,265,800 for the fiscal year 1996 guished gentleman from Kansas [Mr. Fields (TX) McIntosh Weldon (PA) and $67,341,400 for the fiscal year 1997. ROBERTS], the chairman of the Com- Flanagan McKeon Weller mittee on Agriculture. Foley McNulty White Mr. BEREUTER (during the reading). Forbes Metcalf Whitfield Mr. Chairman, I ask unanimous con- (Mr. ROBERTS asked and was given Fowler Mica Wicker sent that the amendment be considered permission to revise and extend his re- Fox Molinari Wilson as read and printed in the RECORD. marks.) Franks (CT) Mollohan Young (AK) Mr. ROBERTS. Mr. Chairman, I Franks (NJ) Montgomery Young (FL) The CHAIRMAN. Is there objection Frelinghuysen Moorhead Zeliff to the request of the gentleman from thank the gentleman for yielding. Mr. Chairman, I rise in support of the NOT VOTING—15 Nebraska? There was no objection. gentleman’s amendment to restore the Andrews Hansen Moran $25 million in funding for title III of Bateman Kleczka Olver b 1400 the Food for Peace Program. Calvert McDade Peterson (FL) Cubin Meyers Scarborough Mr. BEREUTER. Mr. Chairman, the I think it is essential, as the gen- Fazio Miller (FL) Sisisky budget neutral Bereuter amendment tleman has pointed out, that we fund May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5529 all titles of the Food for Peace Pro- Missouri in a second, but I yield to the SEC. 4002. REDUCTION IN AUTHORIZATIONS FOR CERTAIN UNITED STATES INFORMA- gram. The amendment does not in- gentleman from New York [Mr. GIL- TIONAL, EDUCATIONAL, AND CUL- crease spending. Let me emphasize MAN], the chairman. TURAL PROGRAMS. that to all of my colleagues. It cuts Mr. GILMAN. Mr. Chairman, I thank Notwithstanding paragraphs (1), (3)(F), spending responsibly without really the gentleman for yielding. (4)(A), and (5) of section 2106 of this Act, the gutting the program. Mr. Chairman, I just want to join following amounts are authorized to be ap- Last year marked the 40th anniver- with the gentleman from Missouri [Mr. propriated to carry out international infor- mation activities and educational and cul- sary of the Food for Peace Program. It EMERSON] and the gentleman from started in the Eisenhower years. It tural exchange programs under the United Kansas [Mr. ROBERTS] with regard to States Information and Educational Ex- started with a gentleman who formerly their concern on the Public Law 480 change Act of 1948, the Mutual Educational represented the district I have the proposal. We want to make certain and Cultural Exchange Act of 1961, Reorga- privilege of representing now, Mr. Cliff that we keep that at reasonable levels. nization Plan Number 2 of 1977, the United Hope, Sr. It is an important program. I want to States International Broadcasting Act of We on the Committee on Agriculture assure the gentleman we will do our 1944, the Radio Broadcasting to Cuba Act, have a very keen interest in making best to make certain it is going to be the Television Broadcasting to Cuba Act, the the Food for Peace Program as sound effectively administered. Board for International Broadcasting Act, and as effective as possible. We are the Inspector General Act of 1978, the North/ Mr. BEREUTER. Mr. Chairman, I South Center Act of 1991, the National En- going to work very closely with the thank the gentleman for that assur- dowment for Democracy Act, and to carry gentleman from New York [Mr. GIL- ance, and I yield back to the gentleman out other authorities in law consistent with MAN], the chairman, and the gentleman from Missouri. such purposes: from Nebraska [Mr. BEREUTER], and Mr. EMERSON. Mr. Chairman, I (1) SALARIES AND EXPENSES.—For ‘‘Salaries the rest of the committee to see that thank the gentleman for yielding fur- and Expenses’’, $445,645,000 for the fiscal year the Food for Peace Program effectively ther. 1996 and $402,080,000 for the fiscal year 1997. (2) EDUCATIONAL AND CULTURAL EXCHANGE and efficiently meets its goals. Mr. Chairman, I think it is very im- The gentleman from Missouri [Mr. PROGRAMS.—For ‘‘Hubert H. Humphrey Fel- portant to point out that what we are lowship Program’’, ‘‘Edmund S. Muskie Fel- EMERSON], chairman of the Sub- talking about here is fundamental hu- lowship Program’’, ‘‘International Visitors committee on Department Operations, manitarian assistance, food that goes Program’’, ‘‘Mike Mansfield Fellowship Pro- Nutrition, and Foreign Agriculture, in- to people when they are starving to gram’’, ‘‘Claude and Mildred Pepper Scholar- tends to hold hearings on this program. death. We are not talking about pour- ship Program of the Washington Workshops We intend to address any concerns with ing money down a rat hole here, or giv- Foundation’’, ‘‘Citizen Exchange Programs’’, the program as a whole in the 1995 farm ing some Ambassador the opportunity ‘‘Congress-Bundestag Exchange Program’’, bill. ‘‘Newly Independent States and Eastern Eu- with the use of taxpayer dollars to rope Training’’, ‘‘Institute for Representa- I urge support in regards to the Be- build the Taj Mahal. reuter amendment. I thank the gen- tive Government’’, and ‘‘Arts America’’, We are talking about keeping starv- $82,265,800 for the fiscal year 1996 and tleman for his leadership in this re- ing people alive. I think that point $62,341,400 for the fiscal year 1997. gard. needs to be made, and I think an under- (3) RADIO CONSTRUCTION.—For ‘‘Radio Con- Mr. BEREUTER. Mr. Chairman, I standing of the fact that the Food for struction’’, $70,164,000 for the fiscal year 1996 thank the gentleman. Peace Program is part of the foreign and $52,647,000 for the fiscal year 1997. Mr. Chairman, I yield to the gen- (4) INTERNATIONAL BROADCASTING ACTIVI- assistance program is a fact with which tleman from Missouri [Mr. EMERSON]. TIES.—For ‘‘International Broadcasting Ac- most Americans are unfamiliar. Mr. EMERSON. Mr. Chairman, I tivities’’, $311,191,000 for the fiscal year 1996 I mean, most Americans, I believe, thank the gentleman from Nebraska and $246,191,000 for the fiscal year 1997. would think that we are just throwing for yielding. Mr. BROWNBACK (during the read- Mr. Chairman, I, too, rise in strong money willy-nilly around the world for ing). Mr. Chairman, I ask unanimous support of his amendment. I wonder if no good purposes, and I happen to be consent that the amendment be consid- we could have a brief colloquy here. one who believes that most Americans ered as read and printed in the RECORD. I am concerned that the most basic think that when there are people who The CHAIRMAN. Is there objection fundamental humanitarian assistance, are starving, they ought to be fed. to the request of the gentleman from food and medical assistance, be main- I thank the gentleman for his con- Kansas? tained in the posture that it currently tribution to this cause, and I look for- There was no objection. sits; that is to say, immune from poli- ward to continuing to work with him Mr. BROWNBACK. Mr. Chairman, my tics and the whims of the State Depart- to pursue our mutual interests in this amendment has been agreed to by the ment. I would like some assurance that subject area. gentleman from Nebraska [Mr. BEREU- it will remain a tool of the PVO’s who Mr. BEREUTER. Mr. Chairman, I TER] and a copy of it has been shared are so committed in the administration thank the gentleman for his strong with the minority. of the most fundamental humanitarian statement. He is exactly right. This is What my amendment simply does is assistance. the program that ends up putting food it spreads the $25 million in cuts Mr. BEREUTER. Mr. Chairman, I in people’s mouths across the world, in around a little bit further than what would say to the gentleman, we have the most terrible situations that we the Bereuter proposal has. The gen- done our best to assure that in fact we have seen so much in our electronic tleman from Nebraska [Mr. BEREUTER] have an increase in the title II program media. suggests cuts to USIA salaries and ex- which is most important. Sometimes, The gentleman is a former ranking changes, and my amendment would as the gentleman knows, however, we member of the Hunger Committee, he lighten those cuts in the salaries and have to take from the title III program knows well how directly this food as- exchanges areas and broaden the reduc- for those title II-related humanitarian sistance has been provided in Ethiopia tions to radio construction and broad- programs. This amendment I am offer- and Somalia and other places. I thank casting. ing will continue to provide us that the gentleman for his comments. What we are attempting to do by this flexibility. Mr. Chairman, I urge a strong ‘‘aye’’ is to support what the gentleman from The CHAIRMAN. The time of the vote. Nebraska [Mr. BEREUTER] is doing to gentleman from Nebraska [Mr. BEREU- AMENDMENT OFFERED BY MR. BROWNBACK TO put this money into the hunger pro- TER] has expired. THE AMENDMENT OFFERED BY MR. BEREUTER grams, to be able to feed those who are (By unanimous consent, Mr. BEREU- Mr. BROWNBACK. Mr. Chairman, I starving, but spreading around a little TER was allowed to proceed for 2 addi- offer an amendment to the amendment. bit more the cuts in the USIA program. tional minutes.) The Clerk read as follows: That is what my amendment to the Be- Mr. GILMAN. Mr. Chairman, will the Amendment offered by Mr. BROWNBACK to reuter amendment would do. I would gentleman yield? the amendment offered by Mr. BEREUTER: ask for it to be considered. Mr. BEREUTER. Mr. Chairman, I Strike section 4002 of the Bereuter Amend- Mr. BEREUTER. Mr. Chairman, will will come back to the gentleman from ment and insert the following: the gentleman yield? H 5530 CONGRESSIONAL RECORD — HOUSE May 24, 1995 Mr. BROWNBACK. I yield to the gen- es our economic interest in Latin After a decade of economic adjust- tleman from Nebraska. America. This amendment would put ment and reform, many countries in Mr. BEREUTER. Mr. Chairman, I $12 million into a debt relief program Latin American and in the Caribbean thank the gentleman my colleague and for Latin America and the Caribbean. are enjoying their best economic pros- my neighbor for yielding. Yesterday in the course of our de- pects. Policy reforms in these coun- Mr. Chairman, I have no objections bates, we cut money out of a fund tries and the resulting economic stabil- to the additional flexibility he provides called International Organizations, ity encouraged will help our economic to USIA and where those cuts must which is dues-assessed, International ties with these countries. Total trade come to make this basic amendment Organizations. I wan to take a portion between the United States and Latin budget neutral. I thank him for his ini- of that money, $12 million, and put it America and the Caribbean has grown tiative. toward debt relief. since 1987. There has been a steady Mr. BROWNBACK. Mr. Chairman, I believe in so doing we can advance growth in terms of both imports and with that, I would hope that we could our economic interests. One of the exports. vote on this because I think it does do things I said a little earlier today was Latin America is the fastest-growing what most people would like, let the this: that in a post-cold war era, we U.S. export market in the world, and USIA agency be able to take care of have to understand that our foreign the only region where the United this within its own, and that would be policy ought to advance our interests. States now enjoys a trade surplus. then supportive of the Bereuter amend- We have specific interests in the West- Open markets also promote economic ment to put $25 million in additional ern Hemisphere in terms of encourag- development in poor Latin American food aid program. ing and expanding trade opportunities. countries. This will help them stem the Mr. GILMAN. Mr. Chairman, will the Why? Because these trade opportuni- flow of illegal immigration to the Unit- gentleman yield? ties in our own backyard can create ed States. My colleagues are going to Mr. BROWNBACK. I yield to the gen- jobs in the United States. But unfortu- hear my colleagues from across the tleman from New York. nately the debt burden in many of our aisle say well, perhaps these are laud- Mr. GILMAN. Mr. Chairman, I thank neighboring countries in Latin Amer- able goals, but we just cannot afford it, the gentleman for yielding. ica and the Caribbean is a major factor but I think that argument misses the Mr. Chairman, I urge my colleagues in inhibiting economic growth and de- boat. In the business of economic trade and to support the proposed amendment by creases the absorptive capacity. In foreign policy we have to promote our the gentleman from Kansas [Mr. other words, they cannot trade with us long-term interests. It is terribly BROWNBACK] that has been accepted by because they are paying off these very shortsighted not to spend this small the gentleman from Nebraska [Mr. BE- old debts. A debt relief program would amount of money, only $12 million REUTER], the proponent of the amend- help address this concern. from our own backyard to ultimately ment. To be eligible for this program, these countries would have to meet specific create jobs for our own people. The CHAIRMAN. The question is on They can either spend the money on economic and political criteria in- the amendment offered by the gen- debt service or they can spend the cluded in existing legislation for the tleman from Kansas [Mr. BROWNBACK] money buying U.S. products. Debt re- to the amendment offered by the gen- region. duction, especially for heavily indebted These requirements include an IMF tleman from Nebraska [Mr. BEREUTER]. countries of the Caribbean basin, will program, a World Bank program, sig- The amendment to the amendment send an important signal of U.S. com- was agreed to. nificant investment reform and nor- mitment to democratically elected The CHAIRMAN. The question is on malized relations with commercial governments in the region. the amendment offered by the gen- creditors. In addition, eligible coun- I would like to urge all Members of tleman from Nebraska [Mr. BEREUTER], tries must have governments which the House to consider the importance as amended. have been democratically elected, are of our regional neighbors, to consider The amendment, as amended, was not in gross violation of human rights, the importance of trade in terms of our agreed to. and have supported our efforts to com- long-term economic picture, and begin AMENDMENT OFFERED BY MR. WYNN bat narcotics and terrorism. In other to think of foreign policy as a Mr. WYNN. Mr. Chairman, I offer an words, we want to deal with friendly, proactive endeavor and not just a reac- amendment. democratic countries that are working tive endeavor and not just an area The Clerk read as follows: with us and have normalized economic where we can find some savings here. conditions. Amendment offered by Mr. WYNN: In sec- I think in that context Members will tion 3414 of the bill (in subsection (e) of sec- Why are we doing this? Debt reduc- find this amendment is certainly rea- tion 711 of the Foreign Assistance Act of tion provides a catalyst for Caribbean sonable, modest in the amount of 1961)— and Latin American countries under- money involved, but the long-term in- (1) in paragraph (1) of such subsection (e), taking economic reforms and libera- vestment will certainly serve Ameri- strike ‘‘$3,000,000’’ and insert ‘‘$15,000,000’’; tion programs. ca’s economic interests. (2) redesignate paragraph (2) of such sub- b 1415 Mr. GILMAN. Mr. Chairman, I move section as paragraph (3); and to strike the last word. (3) insert after paragraph (1) of such sub- Debt reduction is specifically impor- section the following new paragraph: (Mr. GILMAN asked and was given tant for small countries in the Carib- permission to revise and extend his re- ‘‘(2) USE OF AMOUNTS FOR LATIN AMERICA bean, where most debt is bilateral. In AND THE CARIBBEAN.—Of the amounts author- marks.) ized to be appropriated under paragraph (1) Jamaica, for example, debt service con- Mr. GILMAN. Mr. Chairman, this is a for fiscal years 1996 and 1997, $12,000,000 for tinues to consume more than 49 per- budget-breaking amendment. It simply each such fiscal year shall be made available cent of the government’s budget. Debt adds money to the bill without reduc- for the sale, reduction, and cancellation of relief will accelerate trade links by ing funding elsewhere. loans, or portions thereof, for countries in freeing vital foreign exchange reserves The gentleman from Ohio [Mr. KA- Latin America and the Caribbean. that otherwise would have be used for SICH] gave us clear direction to cut this Mr. WYNN (during the reading). Mr. debt service. These reserves can now be bill, and we did so yesterday under the Chairman, I ask unanimous consent used to import products from the Unit- Brownback amendment by reducing that the amendment be considered as ed States. our spending by an additional over $400 read and printed in the RECORD. For example, with 70 cents of each million. This amendment earmarks The CHAIRMAN. Is there objection dollar buying U.S. goods and services funds. The distinguished chairman of to the request of the gentleman from in the Caribbean, debt reduction in the the Committee on Appropriations, Mr. Maryland? region can stimulate significant U.S. LIVINGSTON, has made it clear to all of There was no objection. exports. Think about that, 70 cents of us that the Committee on Appropria- Mr. WYNN. Mr. Chairman, the every dollar in that region is spent on tions would oppose such earmarks. amendment I am proposing today is a our goods and services. We need to do Furthermore, the gentleman from very straightforward one that address- business with them. Maryland [Mr. WYNN] is seeking to add May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5531 funds to a new and untested program. need markets in Latin America and the and the fine line we drew was to start And I would like to note that already Caribbean. It seems to me our directive this program and authorize it at 1996 in the bill we authorized $3 million for to appropriators ought to be this is a and 1997 levels at $3 million, and what fiscal year 1996, and $3 million for fiscal worthwhile purpose. It does not bust the gentleman wants to do in this year 1997, to do what the gentleman is the budget. It does not exceed what we amendment is add $12 million onto suggesting. It is a total of $6 million came out of committee with. that. This is in the wrong direction, so for an initial start on this program to Mr. GILMAN. If I may reclaim my I would have to be constrained to ask begin operations in a limited way. time, once again I would like to submit the House to vote against this particu- Accordingly, I urge my colleagues to that the gentleman has a worthy pur- lar amendment. oppose the Wynn amendment even pose, but he has not provided any off- The CHAIRMAN. The question is on though it has a worthy endeavor as its set. Mr. BROWNBACK’s measure put us the amendment offered by the gen- objective. in conformance with the budget so we tleman from Maryland [Mr. WYNN]. Mr. WYNN. Mr. Chairman, will the would not meet a budgetary problem. The question was taken; and the gentleman yield? Moreover we are trying to work very Chairman announced that the noes ap- Mr. GILMAN. I yield to the gen- closely with the Committee on Appro- peared to have it. tleman from Maryland. priations so we are not spinning our RECORDED VOTE Mr. WYNN. Mr. Chairman, I thank wheels here and so our authorization the gentleman for yielding. Let me em- measure will be finally met with ap- Mr. WYNN. Mr. Chairman, I demand phasize first to my colleagues the proval by the Committee on Appropria- a recorded vote. amount of money that I am proposing tions. A recorded vote was ordered. to expend is less that the amount of So, I think since this is a new pro- The vote was taken by electronic de- money that was in the bill when it gram, I will be pleased to work with vice, and there were—ayes 125, noes 297, came out of committee. There is not the gentleman in the future to see if we not voting 12, as follows: one nickel more than came out of the can work out a better method of fund- [Roll No. 352] committee in its original form. ing for the gentleman’s worthy objec- AYES—125 Had I gone ahead of the gentleman tive. Abercrombie Gephardt Owens from Kansas [Mr. BROWNBACK] yester- Mr. HAMILTON. Mr. Chairman, I Ackerman Gonzalez Pallone day, I would have proposed moving $12 move to strike the requisite number of Andrews Gutierrez Pastor million out of the international organi- words. Barrett (WI) Hall (OH) Payne (NJ) Becerra Hamilton Pelosi zations account. Unfortunately, be- Mr. Chairman, I rise in support of Beilenson Hastings (FL) Rangel cause he moved ahead of me, he took this amendment. I think the gentleman Bentsen Hefner Reed $400 million out across the board. I am from Maryland is making a very wor- Berman Hilliard Reynolds only suggesting that of that $400 mil- thy initiative here. What you have in Bishop Hinchey Richardson Bonior Hoyer Rose lion he would remove that we preserve the context of the total bill is very, Brown (CA) Jackson-Lee Roybal-Allard $12 million to advance our economic in- very sharp reductions for all of Latin Brown (FL) Jefferson Rush terests in the region. But clearly this America. There is very little in this Brown (OH) Johnson, E. B. Sabo Bryant (TX) Johnston is not a budget-buster in any form or bill which sends a favorable signal to Sawyer Cardin Kennedy (MA) Schumer Clay Kennedy (RI) fashion. Latin America. The gentleman from Scott Clayton LaFalce I would have to reiterate to the Maryland is merely requesting $12 mil- Serrano Clement Lantos Skaggs chairman that I believe that this is lion, as he has requested. Clyburn Lewis (GA) Slaughter also an opportune time to advance our This is a terribly important amend- Coleman Lofgren Stark Collins (IL) Lowey interests in that region. ment from the standpoint of the Carib- Stokes It seems to me that all of our foreign bean. Our economic interests in that Collins (MI) Maloney Coyne Manton Studds policy positions to date have been reac- region are growing very, very rapidly de la Garza Markey Tejeda tive. Nothing has been done to advance and the gentleman from Maryland has DeLauro Martinez Thompson or leverage the direction in which we Dellums Matsui Thurman called that to our attention again and Torres want to go. Nothing has been done to Deutsch McKinney again, and that is one of the fastest- Dicks Meek Torricelli create new jobs or new trade markets. growing markets for us in the world. Dixon Menendez Towns Mr. GILMAN. If I may reclaim my So the $12 million is a very modest Doggett Mfume Tucker time from the gentleman, the gen- move, it is an important signal to Dooley Miller (CA) Velazquez Edwards Mineta Vento tleman I think is incorrect in that he countries that are much neglected in Engel Mink Visclosky does specifically add $6 million to this this bill, and I commend him for it and Evans Moakley Waters proposal, without any offsets. So that I support the amendment. Farr Mollohan Watt (NC) creates a budgetary problem for us, and Mr. ROTH. Mr. Chairman, I move to Fattah Moran Waxman Filner Murtha Williams it is for that reason that we are oppos- strike the requisite number of words. Flake Nadler Wilson ing the gentleman’s amendment. Mr. Chairman, I would just like to Foglietta Neal Wise Mr. WYNN. If the gentleman will follow up on Chairman GILMAN’s re- Frank (MA) Oberstar Woolsey Frost Olver Wynn yield further, I would say that all of mark that this may well be a worthy Gejdenson Ortiz Yates the money I am proposing to spend purpose, but I want the people of this comes out of the money that the gen- House to know that we already have $3 NOES—297 tleman from Kansas [Mr. BROWNBACK] million authorized for 1996 and 1997 for Allard Boehner Chrysler has already cut, so it is not any addi- Archer Bonilla Clinger this program. What this amendment Armey Bono Coble tional money added on. The money has would do is to add another $12 million Bachus Borski Coburn already been cut. I am just suggesting to this bill, and that is going in the Baesler Boucher Collins (GA) it be moved into a second area. wrong direction. We need to go in the Baker (CA) Brewster Combest Baker (LA) Browder Condit Let me make one comment about ap- opposite direction. Baldacci Brownback Cooley propriations. I feel very strongly about I will soon be offering an amendment Ballenger Bryant (TN) Costello this. This is an authorization bill. We to make some additional cuts, but Barcia Bunn Cox are the Committee on International while this may be a worthy purpose, it Barr Bunning Cramer Barrett (NE) Burr Crane Relations. We are the ones who ought would earmark some $12 million addi- Bartlett Burton Crapo to set foreign policy that we rec- tional for Latin America. And as I Barton Buyer Cremeans ommend to our colleagues in the Con- mentioned, we already have authorized Bass Callahan Cunningham Bateman Camp Danner gress. We should not let the appropri- in 1996 and 1997 $3 million to authorize Bereuter Canady Davis ators dictate to us what direction this this program. So we are going along Bevill Castle Deal money should be spent. The purpose of with the Treasury initiative. That is Bilbray Chabot DeFazio the authorizing bill is just the oppo- why we authorized the program. Bilirakis Chambliss DeLay Bliley Chapman Diaz-Balart site, to give direction in terms of our There are many, many good pro- Blute Chenoweth Dickey priorities. We studied this issue. We grams, but we have to draw fine lines, Boehlert Christensen Dingell H 5532 CONGRESSIONAL RECORD — HOUSE May 24, 1995 Doolittle Kasich Rahall DOGGETT changed their vote from ‘‘no this Member cannot support a program Dornan Kelly Ramstad Doyle Kennelly Regula to ‘‘aye.’’ to give non-refugees the rights and Dreier Kildee Riggs So the amendment was rejected. privileges of bona-fide political refu- Duncan Kim Rivers The result of the vote was announced gees. Dunn King Roberts as above recorded. Durbin Kingston Roemer The language in this section appears Ehlers Klink Rogers PERSONAL EXPLANATION to be doing just that by calling for the Ehrlich Klug Rohrabacher Mr. GENE GREEN of Texas. Mr. bulk of the 47,000 Indochinese in the Emerson Knollenberg Ros-Lehtinen Chairman, I was unavoidably detained English Kolbe Roth camps to be, and I quote, ‘‘offered re- Ensign LaHood Roukema and was not able to vote on the Wynn settlement outside of their countries or Eshoo Largent Royce amendment, rollcall No. 352. Had I been origin.’’ Another fundamental issue in Everett Latham Salmon present, I would have voted ‘‘yes’’. Ewing LaTourette Sanders this debate is the role of the U.N. High Fawell Laughlin Sanford b 1445 Commissioner for Refugees. The legis- Fields (LA) Lazio Saxton lation suggests that UNHCR can no Fields (TX) Leach Scarborough AMENDMENT OFFERED BY MR. BEREUTER longer be trusted to make fair and ob- Flanagan Levin Schaefer Mr. BEREUTER. Mr. Chairman, I Foley Lewis (CA) Schiff jective refugee determinations. If that Forbes Lewis (KY) Schroeder offer an amendment. is what the drafters intended, then I Ford Lightfoot Seastrand The Clerk read as follows: would ask them who should take over Fowler Lincoln Sensenbrenner Amendment offered by Mr. BEREUTER: In Fox Linder Shadegg this international refugee determina- section 2104(a)(1)(A) (relating to authoriza- Franks (CT) Lipinski Shaw tion role, the United States? Clearly, Franks (NJ) Livingston Shays tions of appropriations for migration and ref- we cannot fill the breach. This is a Frelinghuysen LoBiondo Shuster ugee assistance) strike ‘‘$560,000,000’’ and in- Frisa Longley Sisisky sert ‘‘$590,000,000’’. very dangerous precedent, which could Funderburk Lucas Skeen In section 2104 strike subsection (a)(4), sub- undermine future refugee efforts world- Furse Luther Skelton section (b), and subsection (d). wide. Gallegly Manzullo Smith (MI) In section 2104 redesignate subsection (c) Ganske Martini Smith (NJ) Let me take a minute to point out as subsection (b). Gekas Mascara Smith (TX) the problems I see with the existing Geren McCarthy Smith (WA) Mr. BEREUTER (during the reading). language in the bill. Section 2104 calls Gibbons McCollum Solomon Mr. Chairman, I ask unanimous con- Gilchrest McCrery Souder for the resettlement of tens of thou- Gillmor McHale Spence sent that the amendment be considered sands of Indochinese economic mi- Gilman McHugh Spratt as read and printed in the RECORD. grants to the United States. While the Goodlatte McInnis Stearns The CHAIRMAN. Is there objection Goodling McIntosh Stenholm language does not name the United Gordon McKeon Stockman to the request of the gentleman from States explicitly as the resettlement Goss Meehan Stump Nebraska? country, there should be no misunder- Graham Metcalf Stupak There was no objection. standing about it—no other country Greenwood Mica Talent (Mr. BEREUTER asked and was Gunderson Miller (FL) Tanner would take them. The Governments of Gutknecht Minge Tate given permission to revise and extend Canada and Australia, also home to Hall (TX) Molinari Tauzin his remarks.) thousands of Indochinese refugees, Hancock Montgomery Taylor (MS) Mr. BEREUTER. Mr. Chairman, this Harman Moorhead Taylor (NC) have told my office that they and the Hastert Morella Thomas Member rises to offer an amendment to other resettlement countries would not Hastings (WA) Myers Thornberry section 2104 of H.R. 1561, along with my be willing to take any of the screened Hayes Myrick Thornton colleagues, Mr. LAMAR SMITH and Mr. out from the camps. Hayworth Nethercutt Tiahrt OBEY, which would restore common Hefley Neumann Torkildsen sense to the bill’s handling of the 47,000 In addition to the immigration prob- Heineman Ney Traficant lems that this language would cause Herger Norwood Upton Indochinese asylum seekers in refugee Hilleary Nussle Volkmer camps in Southeast Asia. While the is- us, there are some real dangers in this Hobson Obey Vucanovich sues here are, in one sense, emotional legislation for the asylum seekers Hoekstra Orton Waldholtz themselves. I must say that I have Hoke Oxley Walker and complex, the justification for our Holden Packard Walsh amendment can be boiled down to one been somewhat surprised at the Horn Parker Wamp short sentence. Economic migrants breadth and depth of concern about the Hostettler Paxon Ward have no claim to resettlement in the legislation among the non-government Houghton Payne (VA) Watts (OK) organizations which advocate refugee Hunter Peterson (MN) Weldon (FL) United States as political refugees and Hutchinson Petri Weldon (PA) should return to their home countries. rights and interests. Not only the U.N. Hyde Pickett Weller The Bereuter-Obey-Lamar Smith High Commissioner for Refugees, but Inglis Pombo White also the U.S. Committee on Refugees, Istook Pomeroy Whitfield amendment would allow the repatri- Jacobs Porter Wicker ation of Indochinese in Southeast Save and Children, World Vision, World Johnson (CT) Portman Wolf Asian camps who have been determined Education, World Learning, and the Johnson (SD) Poshard Wyden by the U.N. High Commissioner on Ref- Southeast Asian Resource Action Cen- Johnson, Sam Pryce Young (AK) ter have all make issued statements Jones Quillen Young (FL) ugees to have no, I repeat no, claim to Kanjorski Quinn Zeliff refugee status. These migrants—at opposing major elements of this sec- Kaptur Radanovich Zimmer least 12,000 of whom are North Viet- tion. Many other groups have raised NOT VOTING—12 namese—have been screened out by the similar concerns with us orally. These NGO’s with many years of direct expe- Calvert Green McDermott UNHCR, i.e., they have been declared Conyers Hansen McNulty economic migrants, not political refu- rience working with Indochinese asy- Cubin Kleczka Meyers gees. lum seekers, have convinced me that Fazio McDade Peterson (FL) Let me make one crucial point so the bill as written holds the following dangers. 1445 there is no misunderstanding about the intent of this amendment. Since our This provision could prompt a new The Clerk announced the following departure from Vietnam in 1975 the exodus of Indochinese seeking entry pairs: On this vote: United States has resettled more than into the United States, putting them Mr. Conyers for, Mr. Calvert against. 1 million Indochinese refugees. This at risk on the high seas and swelling Mr. Gene Green of Texas for, Mrs. Cubin Member has always supported that ef- the refugee camp populations. My col- against. fort and continues to believe the Unit- leagues, you should be aware that last Ms. ESHOO changed her vote from ed States must offer refuge to bona fide year, as reported in the New York ‘‘aye’’ to ‘‘no.’’ political refugees who have a well Times, more than a thousand Vietnam- Messrs. MARTINEZ, HILLIARD, and founded fear of persecution in Indo- ese took to the sea when a false rumor PALLONE, Ms. DELAURO, Mrs. MINK china, as elsewhere. This Member will was spread that Japan was offering em- of Hawaii, and Messrs. WILSON, work with others concerned about fair ployment opportunities. The bill’s mes- ORTIZ, BARRETT of Wisconsin, and treatment of legitimate refugees, but sage of hope for resettlement in the May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5533 United States would likely have a simi- AMENDMENT OFFERED BY MR. SMITH OF NEW stances of local officials demanding lar effect on large numbers of Vietnam- JERSEY TO THE AMENDMENT OFFERED BY MR. money and sexual favors from refugees ese. BEREUTER as a condition of favorable screening. The UNHCR and the refugee groups Mr. SMITH of New Jersey. Mr. Chair- And to the surprise of no one, almost have expressed fears that the provision man, I offer an amendment to the nobody now is a refugee. would increase the chance for violence amendment. The Lawyers Committee for Human in refugee camps by giving the 47,000 The Clerk read as follows: Rights visited and did in-depth analy- asylum seekers false hope for resettle- Amendment offered by Mr. SMITH of New sis of the refugee process in Hong ment in the United States when the Jersey to the amendment offered by Mr. BE- Kong. Their conclusion, after looking REUTER: Strike everything after countries where the camps are located over several hundred cases, was the fol- ‘‘$590,000,000’’, and insert the following: lowing: The entire screening process are unlikely to give us access to them In section 2104(a)(4) (relating to authoriza- and, even if they did, many of the asy- tions of appropriations for the resettlement and review procedures remain seriously lum seekers would not be eligible for of Vietnamese, Laotians, and Cambodians) flawed. The process remains hostile to resettlement. strike ‘‘There’’ and all that follows through genuine refugees. Several international The bill would cause the absolute col- ‘‘who—’’ and insert ‘‘Of the amounts author- standards were ignored. Hundreds, per- ized to be appropriated for fiscal year 1996 haps thousands, of Vietnamese refugees lapse of voluntary repatriation through under paragraph (1) there are authorized to which 72,000 Indochinese have already have been wrongly rejected. be appropriated such amounts as are Because of unfair screening and de- returned home without evidence of per- necessary for the admission and resettle- fective screening, Mr. Chairman, our secution. Now asylum seekers who can ment, within numerical limitations pro- tax dollars are about to pay to send demonstrate that the negative screen- vided by law for refugee admissions, of per- back soldiers who served for years in ing decision of the UNHCR was mis- sons who—’’ reeducation camps. They are going to taken can request reconsideration from At the end of section 2104 add the following send back anti-Communists, writers U.S. officials or other resettlement new subsection: (e) STATUTORY CONSTRUCTION.—Nothing in and poets, members of the underground countries in Vietnam. this section may be construed to require or resistance movement, and even people Finally, for my colleagues who have permit an increase in the number of refugee who work for the CIA. an interest in refugee issues in other admissions for fiscal year 1996 from the nu- parts of the world, you should under- merical limitation for refugee admissions for b 1500 stand that this section would reduce fiscal year 1995. They are going to send back Buddhist the funds available for other refugee Mr. SMITH of New Jersey. Mr. Chair- monks whose temples were shut down programs, such as for bona fide refu- man, this amendment perfects the lan- because they would not join the official gees from the former Soviet Union and guage of section 2104, which protects church and Catholic nuns whose con- Eastern Europe, by earmarking $30 certain high-risk refugees from forced vents were violated. That is what U.S. million dollars to resettle economic repatriation to Vietnam, Laos, and taxpayers will pay for if the underlying migrants from Vietnam, Cambodia, and Cambodia. This bill, as it currently amendment is adopted. Laos. Moreover, by conditioning use of stands, contains important language Mr. Chairman, a core provision of the these funds on unmeetable conditions, that will prevent United States tax CPA, the comprehensive plan of action, it is likely that the funding would dis- dollars from being spent for the forc- that has been deep-sixed, was that re- appear completely and not be available ible repatriation to Vietnam and Laos patriation to Vietnam and Laos was to for any refugee programs. of people who fought side by side with be strictly voluntary. The idea was In closing, let me reiterate what the American forces. that the United Nations would work Bereuter-Obey-Lamar Smith Amend- Under current U.S. law, these people with governments of these countries to ment would do. It would: are refugees, and they are also our make sure that it was safe, and then Stop the resettlement of Indochinese friends. They should not be forced back would work to convince the people in economic migrants in the United to the places where they were per- the camps that it was safe for them to States. secuted, but, at the very least, U.S. tax return. Unfortunately, some of the peo- dollars should not be spent to force ple who returned were persecuted. In Make full refugee funding available them back. Thousands of people who Laos some were even killed. for bona fide political refugees, for ex- served on our side in the war and were The U.N. monitoring program con- ample from the Former Soviet Union later persecuted by the Communists on sists of only eight monitors for all of and Eastern Europe. account of such service are now being Vietnam and two for the country of Prevent a new outflow of boat people detained in camps throughout South- Laos, along with support staff that has from Indochina seeking entry into the east Asia. The camps also hold Catho- been hired through the Communist United States. lics, Protestants, Buddhists punished governments of these countries. So Allow the international voluntary re- for religious observance, and others they have been unable to check up on patriation program to proceed with who served time in reeducation camps most of the people who were returned. U.S. assistance and under close U.S. or new economic zones for their anti- Wonders of wonders, with govern- monitoring. communist views or activities. ment people interacting as translators Assist U.S. nongovernment agencies Despite the strength of their claim to and being there as part of this process, monitoring the migrants who have re- refugee status, almost all of these peo- they never seemed to have discovered a turned home to ensure that they are ple are scheduled for repatriation to single instance of persecution. I would not persecuted. Vietnam and Laos within the next few ask my friends if you were in the situa- Maintain U.S. refugee policy that months under a scheme known as the tion of having been sent back against only bona fide political refugees enter comprehensive plan of action. I suppose your will, and a so-called observer as refugees. the comprehensive plan of action comes in, or repatriation monitor, to [CPA] was intended as a sincere effort talk to you, and with that person hap- Support an international consensus to deal humanely with the Vietnamese pens to be a translator hired by the on refugee determination and process- boat people. Unfortunately, it has government, are you going to talk ing that prevents the United States turned out to be just the opposite. about harassment, knowing when they from having to bear the full brunt of First, the responsibility for deciding walk out the door you are going to be refugee programs all over the world. who is and who is not a refugee, which probably mistreated? Stop yet another example of refugee used to be done by United States and It reminds me of the visits to the decisions being made without regard to U.N. refugee interviewers, was trans- POW camps during the Vietnam war costs for local communities to educate, ferred to local immigration officials when people would go over there to train and assist the refugees. who had no real experience or training. Vietnam, Hanoi, and elsewhere, and I request your support for the Bereu- Big mistake. Some of the interviewers would meet with our prisoners. They ter-Obey-Lamar Smith amendment to were not only incompetent but also would be told stories that there is no the refugee provisions of H.R. 1561 corrupt. There are well-documented in- torture. Of course, those prisoners, our H 5534 CONGRESSIONAL RECORD — HOUSE May 24, 1995 POW’s would not talk of torture. They that should be resettled has been reset- know that. But the fact is that section would only go back to even more tor- tled. 2104 of this bill, in the original bill, ture had they spoken the truth. Mr. Chairman, I do hope that Mem- sets aside $30 million specifically for One of our POW’s, you might recall, bers will support the Smith amend- the purpose of admitting for resettle- ingenuously with his eyes flashed out ment to the Bereuter amendment. It ment in the United States thousands of ‘‘torture’’ in Morse Code, getting the has the support of a number of organi- Southeast Asian refugees who do not word out that indeed they were using zations in the refugee communities qualify for legitimate refugee status. It torture against these people. who are adamantly opposed to the Be- also creates artificial incentives for Mr. Chairman, somehow the people in reuter amendment and have come out those people to come to the United the camp with this situation just do as such within the last couple of days, States rather than return to their not believe there has not been a single the list of which I will talk about fur- homeland, because it in effect cuts off instance of persecution. ther. any aid to Southeast Asians who want The CHAIRMAN. The time of the Mr. HYDE. Mr. Chairman, I rise in to return to their homeland and need gentleman from New Jersey [Mr. support of the Smith perfecting amend- tiny amounts of help to do so. SMITH] has expired. ment. In my view, that is wrong-headed. (By unanimous consent, Mr. SMITH of (Mr. HYDE asked and was given per- The amendment that Mr. BEREUTER New Jersey was allowed to proceed for mission to revise and extend his re- and Mr. SMITH and I are trying to offer 4 additional minutes.) marks.) would eliminate that section of the Mr. SMITH of New Jersey. Mr. Chair- Mr. HYDE. Mr. Chairman, I will be bill. man, so the CPA soon ran out of volun- very brief. This is not a simple prob- Now, I am supporting and offering teers. They then began selecting people lem, but I think one of the darkest this amendment with these other two to volunteer and imprisoning them chapters in our country’s history in gentlemen for two reasons: First of all, when they refused. Sometimes they this century was called Operation Keel- I think the committee provision really just dragged them into airplanes, haul. It occurred in Europe after World breaks an international agreement sometimes literally kicking and War II when defecting Russians who which was made by the United States screaming. If they know someone is were amassed in camps were forcibly with 78 other countries. It makes no going to resist, they may tranquilize repatriated in boxcars back, to return distinction between legitimate politi- him or her before putting them on the and never to be seen again. Our troops cal refugees and persons who simply plane. and our soldiers at gunpoint forced So the CPA has become a looking want to come to the United States for these people, who had fled from the economic reasons. It also, I would glass world in which refugees are not tyranny of the Soviet Union, back into refugees and voluntary repatriation is point out, leaves local communities these boxcars. As I say, they were holding the bag for the cost of educat- not voluntary. Yet the United States never seen again. has given over $150 million during the ing and training refugees who can often Forcibly repatriating people who be very difficult to resettle and train, last 6 years. The language now in sec- have fled from their own homeland is tion 2104 that has been put there by because some of them, for instance, do an atrocious act. We ought not to not even have a written language. myself and my good friend, the gen- countenance it. We ought to help peo- I want to get into the case of the tleman from New York [Mr. GILMAN], ple who have risked the seas and pi- Hmong, for instance. The United the chairman of our committee, and rates and risked their lives to flee to States Government has allowed more other members of our subcommittee, what they thought was a safe haven, than 120,000 of the 400,000 Hmong who would cut further funding to the CPA and then finding that we are partici- were living in Laos in 1975 to enter this unless the United Nations and other pating in forcibly repatriating them. countries involved agree to fix the pro- These people deserve better. It is a country. There was a very good reason gram, to provide resettlement opportu- matter of honor. They worked with us, for the United States doing that. The nities for a limited number of high-risk they fought with us, they moved where Hmong had done our dirty work in refugees, again the old soldiers, the we are, the land of liberty and freedom. Laos during the Vietnam War. When nuns and others with compelling cases, We are not asking that they be repatri- the government collapsed, we allowed within existing refugee allotments. ated to America. We are asking only many of them to come into this coun- Mr. Chairman, the amendment I am that they not be forcibly returned to try because of the service they had pro- offering today is a perfecting amend- the places from which they fled. vided to the United States during the ment to meet the objections raised by A person born in a faraway country war. some, making it absolutely clear that loves their homeland. If they could re- I understand that. But I would point this language in the bill would not turn, they would. But these people face out that the obligation that the United mean the admission of large numbers all sort of dangers. They lived in reedu- States has to recognize what people of immigrants or even refugees. It pro- cation camps. They have finally es- like the Hmong did for us is an obliga- vides explicitly that the provision caped. Now we are going to forcibly re- tion of the Federal Government. It is should not be construed either to re- patriate them? I hope my country not an obligation of the county govern- quire or to permit an expansion of the never does that. If people want to leave ment, it is not an obligation of the mu- numerical limitation on refugees be- tyranny and leave abuse and move to- nicipal government. In fact, what we yond the number that it was allocated wards the light of freedom, we should have now is the Federal Government in for 1995. It gives the State Department facilitate that, not inhibit it. effect posing for political holy pictures more flexibility in its refugee budget So I strongly support, and I do not by allowing into this country all of the by eliminating separate authorization criticize Mr. BEREUTER or Mr. OBEY or refugees that we can allow in, but then of funds for resettlement of people. Mr. SMITH, they are as well-intentioned transferring the responsibility to pay The State Department has been lob- as anybody can be. But I just think for the cost of those refugees to the bying very hard against this provision. they are dead wrong. We ought never States and local government. I do not But after my perfecting amendment, at the point of a gun or barbed wire or believe that is an equitable arrange- the only thing to say to the State De- anything else force people to go back ment. partment is take a hard look at these from whence they have fled in terror. It seems to me that if this committee people in high-risk categories. If they So I hope the Smith amendment is wants to create the impression that it are refugees under U.S. law, we should adopted. is allowing any and all refugees under not hide behind an inadequate third Mr. OBEY. Mr. Chairman, I rise in this amendment to enter this country, country screening to pay for them to opposition to the Smith perfecting then they ought to be guaranteeing be forced back to persecution; second, amendment. that the Federal Government in fact is no more money for the repatriation Mr. Chairman, I take a back seat to going to meet its responsibility by program until you can certify that it no one in this institution in terms of sharing the costs of educating and has been fixed and everyone has been my concern about decent treatment for training those refugees. If it does not, given a fair screening and everyone refugees. I think all who know me the Federal Government is welching on May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5535 its commitment not only to those refu- Mr. DAVIS. Mr. Chairman, I move to corroborated by her mother superior, gees, but to local communities as well. strike the last word. who also eventually escaped to the I would also point out that if you (Mr. DAVIS asked and was given per- United States and is hospitalized adopt the Smith amendment to the Be- mission to revise and extend his re- through the effects of the torture she reuter-Obey-Smith amendment, what marks.) underwent while in prison. you are doing in effect is creating false Mr. DAVIS. Mr. Chairman, I rise in Another individual called Captain expectations and making a shambles of support of the Smith amendment. Tran was an officer in the Army of the what an orderly refugee process is sup- Mr. Chairman, many of the Vietnam- Republic of South Vietnam. He served posed to be. ese boat people and Hmong asylum side by side with American troops. I do not favor forcing a single refugee seekers in Southeast Asia are facing After 1975, he managed to evade cap- back into their original country if they imminent deportation to communist ture and joined an underground anti- do not want to go. I believe even in the Vietnam and Laos. Many of them have Communist resistance movement. case of refugees who have initially de- been severely persecuted because of Eventually the movement was uncov- termined they want to go back to their their U.S. ties during the war or be- ered by the Communist authorities. country of origin, that in the case of cause of their political or religious be- Many of its members were tracked the Hmong, which is the one case I liefs. However, many of them have been down, viciously tortured, and executed. know pretty intimately, it seems to me unfairly denied refugee status by local The members of the movement who they ought to be given a chance to governments under a screening pro- managed to escape then plotted the as- change their minds so that there can gram established by the United Na- sassination of the Communist officer be no doubt that the United States is tions High Commissioner for Refugees who had ordered the torture and not forcibly repatriating a single refu- and heavily funded by the U.S. Govern- extrajudicial killings. Captain Tran gee. ment. This screening program is rife eventually escaped from Vietnam. But I did my graduate thesis on Oper- with corruption and other fundamental the Hong Kong authorities found him ation Keelhaul. I am very familiar with flaws. Among those already denied ref- to be credible. They agreed that he had it. It was an outrageous chapter in ugee status, there are some 100 reli- reason to fear punishment by the Com- American history. I do not want to see gious leaders, thousands of former po- munists upon return, but held that his us repeat that chapter. But neither do litical prisoners and officers of South participation in the I want to see us in a soft-headed way Vietnam, and many human rights ac- counterrevolutionary plot was a non- simply appear to be doing a favor for tivists and dissident intellectuals. political crime and that made him in- refugees, when in fact what you will be eligible for asylum. b 1515 doing is causing more turmoil in those Captain Tran is scheduled to be refugee camps, causing more confusion, Classified as nonrefugees, they now forced back to Vietnam this year under causing them to believe that the refu- face deportation to Vietnam. Many of the comprehensive plan of action. Staff gee program is now blown away and them have taken their own lives to members of the House Committee on that they will therefore all have an op- protest the injustices in screening to International Relations interviewed portunity to enter the United States. avoid deportation. him and found him highly credible. He I would point out or simply ask why Thousands of Hmongs already recog- said he will commit suicide before re- we should be creating an artificial in- nized as refugees are also facing depor- centive so that not only do we make turning to Vietnam. tation to Laos. In my judgment, no Mr. Chairman, as a nation, I think available resources to bring refugees to U.S. contribution to the UNHCR should we have to take steps that will bring this country, but we also shut off, in be used to finance such refoulement of about a fair, humane, and dignified so- effect, the resources necessary to allow refugees. Any use of United States lution to the Indo-Chinese refugee refugees who want to return to their money for the repatriation of Vietnam- original country to do so. problem once and for all within United ese boat people or Hmong asylum seek- The CHAIRMAN. The time of the States laws and without any increase ers must be conditioned on a fair re- gentleman from Wisconsin [Mr. OBEY] in quota or budget. So, Mr. Chairman, has expired. view of their refugee claims. I rise in support of the Smith amend- I would like to review with the House (By unanimous consent, Mr. OBEY ment and ask my colleagues to support was allowed to proceed for 1 additional who some of these individuals are, be- it. minute.) cause you need to look sometimes be- Mr. SMITH of Texas. Mr. Chairman, I Mr. OBEY. Mr. Chairman, it just yond the numbers and the rhetoric to move to strike the requisite number of seems to me in this instance the oppo- look at who are the individuals we are words. nents of the Bereuter amendment are talking about that would be protected Mr. PAYNE of New Jersey. Mr. well meaning, but I think in my heart under the Smith amendment. Chairman, I move to strike the req- they are misguided. I would urge Mem- One of the people comprehensive plan uisite number of words. bers to reject the Smith amendment of action would force back to Vietnam Mr. Chairman, I rise in support of the because it will simply leave a false im- is a lady, a Sister K, a Catholic nun. Bereuter amendment regarding South- pression out there, which will cause Her father served as a counterintel- east Asian refugees. I have visited refu- great additional turmoil in those refu- ligence officer for the Republic of Viet- gee camps in Thailand and Hong Kong gee camps. nam of Vietnam. After 1975, he was over the last 20 years, most recently What we ought to be doing is saying sent to a reeducation camp for more just last summer in Hong Kong. It is to the Thai Government and other gov- than 6 years. my observation that while the early ernments in the area, we ought to be In 1988, the communists raided Sister refugees were certainly tied in with asking them to help us in the process K’s convent. They arrested her and the U.S. interests and support of our war by which we give every refugee an op- mother superior, who was accused of efforts, the present refugees do not re- portunity to determine for themselves plotting against the government. The flect this early perception by the whether they want to be repatriated or seminary was confiscated. Sister K was American people and veteran organiza- whether they want to come to this sentenced to 6 months at hard labor. tions. country. We ought not be creating arti- She then went to live with her family, Most of the refugee population in the ficial incentives so that in the end they but in 1991 her father and other Catho- Hong Kong camps have been through a have no financial alternative to com- lics were arrested for planning to build screening process and have been classi- ing to the United States, unless this a church. Sister K went into hiding and fied as economic migrants, or to put it committee is willing to guarantee that escaped from Vietnam. Sister K has explicitly many are northern Vietnam- it is the Federal Government that will been labeled an economic migrant by ese fishermen who had nothing to do then bear the financial burden of that the Thai immigration inspector who with supporting our war efforts. decision. I do not think this committee was in charge or her interview under The United States was a signature to is going to do that. Absent that guar- the comprehensive plan of action. She the Comprehensive Plan of Action in antee, I think we ought to support the is scheduled to be forced back to Viet- 1989 which strengthened the principles Bereuter amendment. nam. Her story of persecution has been of first asylum in Southeast Asia. For H 5536 CONGRESSIONAL RECORD — HOUSE May 24, 1995 example this program enabled the re- have great reason to fear being forcefully re- Mr. BURTON of Indiana. I yield to patriation of Vietnamese, Cambodian, patriated. All one needs to do is review the the gentleman from Wisconsin. and Laotians back to their country of latest State Department report on human Mr. OBEY. Mr. Chairman, I thank origin if not classified as a refugee. By rights in Vietnam to realize that little has the gentleman from yielding to me. changed with respect to what happens. this action countries like Thailand Mr. Chairman, I very much respect that had become weary of holding refu- We have talked to families in my the gentleman’s concern about the ref- gees were able to see the end of the area who have talked about their fam- ugees in question, but I would simply tunnel, and stopped pushing back po- ily members who have literally com- ask this: Why should we engage in a tential refugees into the sea. We all re- mitted suicide. I think the gentleman legislative process which in fact cuts member the terrible piracy and raping is right, and I strongly support the off the assistance to refugees who do, of women on boats that occurred. This Smith amendment. I think it will be on a voluntary basis want to go back to new program helped to reduce such in- very good for the country. their own country? Why should we Mr. BURTON of Indiana. I yield to cidents. It also worked out agreements eliminate the financial assistance pro- the gentleman from New Jersey [Mr. with countries that were the source of vided to those people? SMITH]. Mr. DORNAN. Mr. Chairman, will the the migration like Vietnam to take Mr. SMITH of New Jersey. Mr. Chair- gentleman yield? back these people and encourage them man, I thank the gentleman for yield- Mr. BURTON of Indiana. I yield to to utilize internationally accepted im- ing to me. migration programs like the Orderly I think it needs to be reiterated that the gentleman from California. Mr. DORNAN. Mr. Chairman, be- Departure Program that has allowed human rights groups have reported sev- cause, with all due respect, I would say 500,000 to start new lives in the United eral instances of people being hurt to the gentleman from Wisconsin, the States and other countries. While there upon their return, jailing, interroga- process has been corrupted by money may be some refugees who have been tion about anticommunist political ac- and sexual abuse, so some of these peo- improperly classified, these cases could tivities in the camps, discrimination in ple are volunteering to go back out of be reviewed with U.S. intervention employment and housing, and in Loas coercion. under the flexibility of the present the disappearance and the probable Mr. OBEY. If the gentleman will con- agreement. killing of Hmong leader Vue Mai. Moreover, the root cause of the mi- The American Legion again, the gen- tinue to yield, the fact is that under the process for Hmong refugees, each gration is the poor economic condi- tleman from Virginia [Mr. WOLF], tions in these countries, especially brought the American Legion, relying refugee will have to again resign a Vietnam. By continuing our agreement on their own contacts with former Vi- statement indicating that he or she is we encourage additional cooperation etnamese comrades in arms who cor- engaging in voluntary repatriation, with Vietnam which will lead to in- roborate these accounts. One reason and if they do not sign a statement, creased cooperation on the POW issue that the United Nations cannot find they are not repatriated. It seems to and complete the normalization of re- any persecution is that they have only me the gentleman’s statement is off lationships between our two countries. eight monitors for all of Vietnam and base. The Bereuter amendment will also only two for Laos. Mr. SMITH of New Jersey. Mr. Chair- maintain funding to continue the Com- I wanted to remind the membership man, will the gentleman yield? prehensive Plan of Action. It will also we are talking about people that are Mr. BURTON of Indiana. I yield to send a signal that the United States re- going out with a support staff that has the gentleman from New Jersey. mains a partner in this well-thought- been hired through the Vietnamese and Mr. SMITH of New Jersey. Mr. Chair- out plan. the Laotion Government. This is a sit- man, this is part of the problem. If This will discourage those still de- uation where the person that is with they do not sign the voluntary agree- tained in the Hong Kong camps from the repatriation monitor is reporting ment, they are put in jail, in many in- rioting. Over 200 were wounded yester- to a government, and the government stances. In Thailand six Hmong lead- day in Hong Kong fighting with hand- is hostile in many instances to these ers, all of whom were screened in as made metal spears according to this individuals. Who can blame them for refugees, but scheduled for voluntary morning’s edition of the New York not speaking openly after being forc- repatriation to Laos anyway, were Times. It is downright cruel for us to ibly repatriated in the first place? I do jailed because they were actively re- build expectancies that the United think there is underreporting as well. sisting voluntary repatriation. States will take these migrants as ref- Mr. BURTON of Indiana. Mr. Chair- Mr. OBEY. Tell the whole story. ugees. Support the Bereuter amend- man, let me just end up by saying that Mr. SMITH of New Jersey. This is the ment and help to stop the bloodshed in there is an anti-illegal-immigration at- whole story, if the gentleman will yield Hong Kong. titude in America today with justifica- further. These people, we wonder why Mr. BURTON of Indiana. Mr. Chair- tion. We have millions of people com- there may be people who may react, man, I move to strike the requisite ing across the Mexican-American bor- and I do not condone the violence, but number of words. der for economic reasons, and that has when people come in in riot gear to tell Mr. Chairman, what is even worse is caused a real problem with our econ- these people ‘‘It is time for you to be to send them back to possible death omy in many States. But the fact of voluntarily repatriated,’’ they react and torture at the hands of the Com- the matter is there are still people in with an attitude. munist Vietnamese Government. Some this world who are fleeing Communist The CHAIRMAN. The time of the of those people have been disappearing. dictatorships, and to send them back gentleman from Indiana [Mr. BURTON] Mr. Chairman, I am happy to yield to to death or worse is a horrible thought. has expired. the gentleman from Virginia [Mr. It is analogous to taking people who (At the request of Mr. OBEY and by WOLF]. came across the Berlin Wall. It is a unanimous consent, Mr. BURTON of In- Mr. WOLF. Mr. Chairman, I will be wrong-headed move. I hope my col- diana was allowed to proceed for 1 addi- brief. I urge every Member to read the leagues will support the gentleman tional minute.) letter of the gentleman from Florida Mr. OBEY. Mr. Chairman, will the from New Jersey [Mr. SMITH]. [Mr. MCCOLLUM] before they vote on gentleman yield? this. The gentleman is going to speak, b 1530 Mr. BURTON of Indiana. I yield to so I will not reiterate his letter. But The CHAIRMAN. The time of the the gentleman from Wisconsin. his letter probably sums it up better gentleman from Indiana [Mr. BURTON] Mr. OBEY. Mr. Chairman, let me than anything. In his letter he points has expired. simply ask the gentleman, why do we out in the PS that the important provi- (At the request of Mr. OBEY and by not also explain the fact that the same sion in H.R. 1561 has been endorsed by unanimous consent, Mr. BURTON of In- organization which is peddling those the American Legion. This is what the diana was allowed to proceed for 2 addi- stories in fact is also raising funds by American Legion says. They said: tional minutes.) selling military, police, and civilian ti- These former members of the South Viet- Mr. OBEY. Mr. Chairman, will the tles in their resistance army? Why do namese armed forces who escaped certainly gentleman yield? we not talk about the intimidation May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5537 from them that is going on within the The Governments of those two repres- ers into the region to try to determine Hmong community? There is intimida- sive governments are investigating what the facts were. They came back tion going on on both sides. themselves. This is clearly a case of al- with many indications that the vol- Mr. SMITH of New Jersey. Mr. Chair- lowing the fox to guard the hen house. untary agencies involved do not sup- man, will the gentleman yield? It is for this reason that the Amer- port the elimination of the ability to Mr. BURTON of Indiana. I yield to ican Legion and other veteran organi- assist people who want to go back to the gentleman from New Jersey. zations support Mr. SMITH’S amend- their own country. Mr. SMITH of New Jersey. Mr. Chair- ment and fully support the provision in Mr. GILMAN. Mr. Chairman, I would man, let me make clear to the gen- the bill. Our military men and women ask the gentleman, does he believe tleman that our embassy confirmed who fought in Vietnam and in Laos are there has not been one single case of this story. I want to go back to some- unanimously opposed to any effort to retribution? We sent our own staff peo- thing I said earlier on. The Refugee abandon our allies. ple over to look into the refugee Committee of Lawyers for Human Permit me to read from a letter camps, and they were refused entrance Rights has so blasted the process of dated May 23 sent to me by John Sum- and examination. screening they have changed inter- mer, the executive director of the Mr. OBEY. Mr. Chairman, will the national standards. The credibility is American Legion. gentleman continue to yield so I could one where they are viewed with unbe- The American Legion supports the initia- answer his question? lievable skepticism before they even tive . . . which would provide for a reexam- The CHAIRMAN. The time of the open their mouths. It is a flawed proc- ination of the refugee status of thousands of gentleman from New York [Mr. GIL- Vietnamese who fled their homeland out of ess. MAN] has expired. fear of political reprisal, up to and including We are saying that the President (At the request of Mr. OBEY and by should certify, and if it is not a flawed death. The American Legion considers it a debt of unanimous consent, Mr. GILMAN was process, then the money is okay, but if honor to strongly support your efforts to au- allowed to proceed for 1 additional he can certify these people are being thorize the proper screening of those individ- minute.) voluntarily repatriated, that is a dif- uals who continue to be held in refugee Mr. OBEY. Mr. Chairman, will the ferent story. camps in Asia, and to allow for the resettle- gentleman yield? The CHAIRMAN. The time of the ment of those refugees who fought side-by- Mr. GILMAN. I yield to the gen- gentleman from Indiana [Mr. BURTON] side with the American forces during the tleman from Wisconsin. has expired. Vietnam war, as well as their families. Mr. OBEY. Mr. Chairman, I would, (By unanimous consent, Mr. BURTON The United Nations will not allow of Indiana was allowed to proceed for 30 our Hmong allies living in camps in frankly, be surprised if there had not additional seconds.) Thailand and eligible under United been any cases of retribution, because, Mr. BURTON of Indiana. Mr. Chair- States law to immigrate here, to leave after all, this is not heaven. However, man, let me just end real briefly by the camps. Instead the Thai Govern- the fact is that I do not oppose any- saying this. If there is any doubt about ment and the U.N. are using our funds body’s efforts to try to see to it that these people being sent back to pos- to forcefully send our Hmong allies each and every refugee has an honest sible death, or worse, at the hands of back to a dangerous fate in Laos. choice about where they want to go, the Vietnamese Communists, then we The screening process of refugees ad- but I do think it is softheaded for this should err on the side of safety. That is ministered by the comprehensive plan Congress or for the American Legion or the reasonable and humanitarian thing of action must be broadly reviewed in any other organization in this country to do. order to remedy unfair and otherwise to say ‘‘Oh, yes, we will accept the sys- Mr. GILMAN. Mr. Chairman, I move defective status determination. The tem which will in fact bring financial to strike the requisite number of use of U.S. funds must be conditioned incentives for all of them to come to words. on a thorough review of this process. the United States, and by the way, we Mr. Chairman, I rise in strong sup- The American Overseas Interests Act will not provide the funds for it, and we port of the Smith amendment. We would allow for such a review. will let the local units of government should not support the shameful forced Accordingly, I strongly support the get stuck with having to support repatriation of our allies who fought by Smith amendment, and oppose the Be- them.’’ That is not good. our side during the Vietnam war. The reuter amendment. Let us end this sad Mr. SMITH of New Jersey. Mr. Chair- gentleman’s amendment would permit period of history in Vietnam and Laos man, will the gentleman yield? our Nation to end that period with with honor and dignity. Mr. GILMAN. I yield to the gen- honor and dignity. Mr. OBEY. Mr. Chairman, will the tleman from New Jersey. The American Overseas Interest Act gentleman yield? Mr. SMITH of New Jersey. Mr. Chair- does not require one extra penny to be Mr. GILMAN. I yield to the gen- man, it does not help this debate one spent nor would it increase the number tleman from Wisconsin. iota for the gentleman to call it of refugees admitted to the United Mr. OBEY. Mr. Chairman, I thank softheaded to say that the screening States. It merely disassociates the the gentleman for yielding to me. process was influenced. The over- United States with sending people back Mr. Chairman, I would ask the gen- whelming consensus by the human to Vietnam and Laos who have genuine tleman, does he really believe that rights groups is that it is flawed. refugee claims because they fought Save the Children would be participat- Let me just, again, remind the gen- with us during the war. ing in forced repatriation? Does the tleman, and this is not a conservative It is not accurate to speculate that it gentleman really believe that? That is human rights organization, the Law- is safe for our allies to return to Viet- one agency we have provided the $1.5 yers Committee for Human Rights Ref- nam and Laos. The U.N. repatriation million to to assist people who want to ugee Project concluded, and I quote, monitoring process in place in Vietnam return to their own country. ‘‘The entire screening process and re- and Laos are run by Vietnamese and Does the gentleman really believe view procedures remain seriously Laotian citizens hired in coordination Save the Children Foundation is in the flawed.’’ They went on to state: ‘‘The with those Governments. In Laos 14 of business of forcing people to be repatri- process remains hostile to genuine ref- the 18 UNHCR repatriation monitoring ated? ugees, and thousands may have been personnel are citizens of Laos hired by Mr. GILMAN. Mr. Chairman, we are wrongly rejected.’’ UNHCR with the coordination of the not talking about Save the Children Mr. BERMAN. Mr. Chairman, I move Laotian Government. In Vietnam 30 of now, we are talking about the Viet- to strike the requisite number of the 38 UNHCR repatriation monitoring namese UNHCR personnel, the Laotian words. personnel are Vietnamese citizens UNHCR personnel, who are apparently Mr. Chairman, I rise in support of the hired by UNHCR with the coordination not doing an effective job. Smith amendment to the Bereuter of the Vietnamese Government. It is no Mr. OBEY. Mr. Chairman, if the gen- amendment. small wonder that it is claimed that tleman will continue to yield, I would Ms. LOFGREN. Mr. Chairman, will there have been no cases of retribution. simply say that I sent two of my staff- the gentleman yield? H 5538 CONGRESSIONAL RECORD — HOUSE May 24, 1995 Mr. BERMAN. Mr. Chairman, before I conditions in Laos and are in dire need of the would be able to return to life in their country. make any comments, I yield to my col- minimal assistance being provided to them in Now these people are being faced with a league, the gentlewoman from Califor- order to survive. They are often sent to loca- choice they must make now and they should nia. tions where they must glean a living from be allowed to make the choice for which they Ms. LOFGREN. Mr. Chairman, I lands and communities with few resources. It are eligible. thank the gentleman for yielding to is, however, vital that we support the non gov- The United States cannot neglect its obliga- me. ernmental organization and a truly objective tion to the Hmong people who sacrificed lives I also support the Smith amendment, UNHCR presence in Laos and Vietnam, be- and homeland to fight on the side of the Unit- Mr. Chairman, and I would like to say cause of the necessary monitoring to ensure ed States in the Vietnam war. They cannot be how proud I am to be involved with a the safety of those repatriated. There has allowed to forget those who are still suffering movement that would allow boat peo- been a great deal of trouble getting credible as a result of the Vietnam war. This amend- ple to be treated as the refugees that information out of Laos with regards to the ment maintains the fragile status quo, a situa- they really are. There are thousands of Hmong. tion that much concerns the Hmong-Ameri- these refugees lingering in miserable The Hmong are in a special situation. It is cans in Minnesota. Certainly, reports of seri- camps throughout Southeast Asia, my understanding that most of the Hmong ous human rights violations need to be fully waiting for freedom. I think we need to have refugee status and therefore are already resolved and rectified. Often the choice of stand by our former allies and make eligible for resettlement in the United States or Hmong within a refugee camp is being ques- sure that they are treated as the refu- another country. There are now reported less tioned as to whether such a person made a gees they are. than 500 Hmong who have been determined voluntary choice to return to Laos. That must Mr. Chairman, I remember a few to be ineligible for resettlement. Other reports be resolved. There can be no misunderstand- years back refugees were forced out of indicate a much higher number. This legisla- ing that when a refugee returns to his or her the camps in Hong Kong, and a number tion and initiative should be viewed as ensur- homeland that there basic rights and personal of refugees committed suicide rather ing that the process is credible and that the safety are secure. That funding and assist- than return to the Communist regimes resettlement decisions are voluntary. ance provided for reintegration is necessary from which they fled. Mere economic Hopefully with the modifications now pre- should be obvious. The certification process in refugees do not commit suicide when sented the Smith language will more precisely this measure is viewed by my Hmong-Amer- faced with repatriation. resolve the questions raised. ican constituents as the last hope to rectify Mr. Chairman, I know lawyers who Certainly some groups opposed to funding this situation that affects their family members. have been involved in the Lawyers repatriation assistance because of the possi- The hearings held in Congress and the letters Committee on Human Rights. They tell bility of persecution of the Hmong by the Lao- written too often have left more questions than me what the gentleman has said, that tian Government. Unfortunately, our own State answers, therefore I oppose stripping the lan- the process has been flawed. We need to Department has done a poor job of laying guage from the bill, and am in support of the stand by our former allies. I remember these fears to rest. The Hmong in the United rewritten Smith amendment and the Hmong when Vietnam fell 20 years ago, the ef- States and those still in the refugee camps refugees. forts I made to save those who were es- hear from the State Department that there is Mr. NADLER. Mr. Chairman, will the caping from communism. We must not no need to worry about those who return to gentleman yield? Mr. BERMAN. I yield to the gen- forget them today. Laos at the same time they hear stories of tleman from New York. Mr. Chairman, I thank the gentleman Hmong who have disappeared or been shot. It (Mr. NADLER asked and was given has been extremely difficult to get satisfactory for yielding to me, and I strongly urge permission to revise and extend his re- information or answers to specific cir- support of the Smith amendment. marks.) The CHAIRMAN. The time of the cumstances hence this legislative language at- Mr. NADLER. Mr. Chairman, I rise in gentleman from California [Mr. BER- tempts to ensure certification of the cir- support of the Smith amendment. I MAN] has expired. cumstance, a common practice to verify or want to simply state that I differ from (At the request of Mr. VENTO and by qualify support that Congress has written into my friend, the gentleman from Ten- unanimous consent, Mr. BERMAN was law, certainly we can assume that the Clinton nessee [Mr. DUNCAN], in that we ought allowed to proceed for 3 additional administration will proceed with dispatch and a to protect refugees, whether they are minutes.) good faith effort. refugees from communistic dictator- Mr. VENTO. Mr. Chairman, will the The Hmong are special because the large ships or from any other dictatorships. gentleman yield? majority of them already have refugee status They have the same human rights, and Mr. BERMAN. I yield to the gen- and are eligible for resettlement in the United we ought to protect them. tleman from Minnesota. States or another country. What the United Clearly in this instance the Smith (Mr. VENTO asked and was given States Government needs to ensure is that amendment ought to be adopted, and permission to revise and extend his re- the Thai Government and other camp govern- the Bereuter amendment replaced, be- marks.) ments and the U.N. High Commissioner for cause we should protect these refugees, Mr. VENTO. Mr. Chairman, I rise in Refugees is making a proper determination of and because the so-called screening support of the Smith amendment and the Hmong who are requesting resettlement. over there, most human rights observ- the underlying intent of the bill. The Hmong are under considerable pressure ers and organizations have said is not It is really a difficult one. I under- from the Thai to repatriate because the Thai adequate. stand the good intentions, but I think want to close the refugee camps and be done Mr. Chairman, I thank the gentleman there has been a shadow over this proc- with this 20-year-old problem. We and cer- for yielding to me. ess. The increased interest of the gov- tainly the Clinton administration and most in Mr. Chairman, I rise in support of the Smith ernments in camps, the Thai Govern- Congress don't want anyone to be forced to amendment to the Bereuter amendment. If ment, to close refugee camps has, I repatriate nor do we want to cut off aid for adopted without the Smith amendment the Be- think, rushed the process greatly. those who choose to return, who do not want reuter amendment will make the United States There has been repeated reports, and I to resettle in the United States or elsewhere. complicit in the persecution of thousands of mean extensive reports, even in the Clearly, the situation of Hmong refugees in Southeast Asian refugees. Minnesota papers, concerning mis- Thai refugee camps is an ugly and sad one Forget the rhetoric of the nativism dema- treatment and abuse of individuals in which we would all gladly see resolved. It is gogues, the Bereuter amendment would not these areas. crucial that these people be treated fairly, that close any loophole in our immigration law, be- Mr. Chairman, I rise in support of the Smith they not be denied the opportunity to resettle cause none exists. In fact, it would shatter amendment to the Bereuter amendment which in the United States or elsewhere because what is best and most balanced in our refugee would rewrite a provisions in the legislation. they have not previously chosen this option. policy. Specifically, I am very concerned that the Many of these people, although they suffered Without Smith, the Bereuter amendment Hmong currently in refugee camps in Thai- persecution by the Government in Laos, many would eliminate language in the bill requiring land, first, that they are voluntarily returning, in fact some would say most, hoped one day that no one can be returned to Vietnam with and second, that they receive whatever fund- to be able to return to their native land. They the assistance of American taxpayer money ing has been promised if they do repatriate. stayed in the refugee camps, a bad place to until they receive a fair and impartial screening These people are returning to very difficult live, because they dreamed that one day they to determine if they are genuine refugees. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5539 Is there something wrong with that? major step toward ameliorating con- concerns about this section in the com- The language of the bill is straightforward: cerns earlier expressed during commit- mittee. I say this section of the bill is It provides up to $30 million for the reloca- tee debate on the language which is in a disastrously bad approach. I do not tion of Vietnamese, Laotian, or Cambodian the bill. He has softened the earmark, use that language very often. I know refugees. he has made it clear that the intention that the intention of the gentleman It prohibits the use of U.S. funds to repatri- of his amendment is not to increase the from New Jersey is to be highly re- ate those refugees unless the President can number of refugees admitted to the spected, and I respect it, too, but the certify that bona fide refugees, and only bona United States above those currently results, the bloodshed, the tragedies fide refugees, have been offered, not even permitted. that will result from this reversal of placed in but offered resettlement outside their The gentleman from Nebraska [Mr. policy are just going to be extraor- countries of nationality. That means relocation BEREUTER] and the gentleman from dinary. anywhere else, not only to the United States. Wisconsin [Mr. OBEY] are pointing out If we make this change in the refugee It also requires the President to certify that the potential problems with some of program in Southeast Asia the blood is the process of determining refugee status con- the restrictions in the language of the going to be on our hands for the addi- forms to our basic commitment to fairness, gentleman from New Jersey [Mr. honesty, and due process. tional boats of refugees that are going SMITH], or some of the requirements in The bill does not, as you may have heard, to be launched. This section of the bill the language. However, I, at least at require that all these refugees come to the this particular point in time, want to and the Smith amendment completely United States. Read the bill, it's on pages focus on energizing our State Depart- devastates the UNHCR-multinational 102±103. ment to get the UNHCR and the people Comprehensive Plan for Action which The bill does not steal money away from is being implemented. refugees from the former Soviet Union. Eighty in charge of that screening process to million dollars is set aside for that purpose on take a look at a number of cases where Why is it that most of the refugee page 101. it is clear that people with a well- groups that have spoken out on the So what is all the excitement about? founded fear of persecution, if they issue have spoken against the language These refugees are not on U.S. soil; our were to be repatriated back to Viet- in the bill and would speak, if they Government is not running these refugee nam, should have a chance to prevent have not done so already, against the camps. Is it too much to suggest that we what could be a catastrophe for them. language offered by the gentleman from New Jersey [Mr. SMITH] as an should not pay for their forced repatriation until b 1545 we can be assured that they will not face per- amendment to my amendment? It is secution? Between now and the conference because they understand that what you For those refugees who will come to the committee, we can look at how to do are unleashing here by approving the United States, this bill does not create any this. I do not think every candidate Smith amendment is a tragedy. new refugee slots. In fact it does not even use should be rescreened. I do not think we want to end voluntary repatriation. I Mr. Chairman, we have heard many all of the slots available. These are refugees comments about forced repatriation. Of who quality for resettlement, that is, refugees do not think we want to give the peo- ple in the camps false hopes about course no one is in favor of forced repa- who are persecuted for their past affiliation triation. We have accepted over 1 mil- with the United State or who have been per- things that are going to happen. I do not want them to think we want lion Indochinese refugees into this secuted on the basis of religion or ethnicity. country because we have a responsibil- We must not abandon our commitment to to embark on something which would ity as our former allies to do so. We honesty, fairness, and decency. become politically unsustainable in the I know money for refugee programs is politi- United States, but the gentleman from have done that generously. Now we cally unpopular these days. At the very least Illinois [Mr. HYDE] and others were have the UNHCR trying to get a rea- we should agree that those scarce dollars that right. When you are talking about peo- sonable hold on this economic refugee are available should not be used to move refu- ple who fought on our side, who were and boat people process. We have 47,000 gees involuntarily to their countries of origin to imprisoned for 10 years for political refugees waiting there at this moment, face persecution. acts and now are talked about being which are categorized by the UNHCR Mr. Speaker, I opposed the war in Vietnam. sent back, you want to make sure that as economic refugees. Many of our colleagues here supported that that is not being done in a fashion that I want to see any Member stand up in war, and some even fought there. Those dif- is going to put their lives and their lib- front of their local VFW chapter and ferences still have the power to divide this Na- erty in jeopardy. American Legion chapter and say, ‘‘We tion. The mere suggestion that some may I think the Smith language in the granted refugee status to economic ref- come from the northern part of Vietnam sill bill as modified now helps to send the ugees from North Vietnam, our former seems to have the power to suggest to some message to the State Department, to enemies.’’ That is what I want to see Members that these refugees will make war the international community about you do. If you vote in favor of this on us when they arrive here. I think that, re- our concerns about the flaws in the amendment which guts my amendment gardless of the stand you took 25 years ago, rescreening process and in the repatri- offered for myself and for the gen- if you ever cared about the people of South- ation process and that between now—I tleman from Wisconsin [Mr. OBEY] and east Asia, of if you were moved to take a actually hope this bill does not get to for the gentleman from Texas [Mr. stand on either side because the preservation a conference committee, but if it were SMITH], you are devastating the Com- of fundamental American values was impor- to get to a conference committee, we prehensive Plan for Action. can deal with some of the problems tant to you, then you must help adopt the What about UNHCR? Is it a corrupt Smith amendment. I urge a yes vote on Smith that people have correctly pointed out. Mr. BEREUTER. Mr. Chairman, I process? Well, no, it is not. Are there and no vote on Bereuter. corruptive elements in it? Absolutely, Mr. BERMAN. Mr. Chairman, this is move to strike the requisite number of there are. a very complicated and important words. issue. There is a lot of right on both Mr. Chairman, as chairman of the Take a look at this. Since the screen- sides. The fact is the Orderly Departure Subcommittee on Asia and the Pacific ing process began in 1989, about 125,000 Program and CPA have dealt with the of the Committee on International Re- Indochinese have been screened under problem of boat people, dealt with a lations, I rise in strong opposition to close supervision of the UNHCR. One- way to allow people who are in fear of the Smith amendment. It is well-in- quarter of those screened, representing political persecution to leave Vietnam tended but it is a disastrously bad ap- more than 31,000 asylum seekers, have directly to resettle in countries, and proach. been found to be bona fide refugees and have set up a process which, unfortu- The gentleman from California has have been resettled in the West. The nately, has been too flawed in the said the section of the bill is made screening process included the right to camps on the countries of first asylum slightly better, by the amendment of appeal directly to UNHCR, which did to resettle in other countries. the gentleman from New Jersey [Mr. not hesitate to overturn bad screening The gentleman from New Jersey [Mr. SMITH]. The gentleman, Mr. BERMAN, decisions. In fact, it overturned 1,500 SMITH], by his amendment, has taken a was the person that raised the initial initial refusals. H 5540 CONGRESSIONAL RECORD — HOUSE May 24, 1995 While there are undoubtedly exam- Mr. BEREUTER. I thank the gen- So in light of that, in 1983 President ples of error in such a massive screen- tleman. That is exactly what it would Reagan adopted a command perform- ing process, the bulk of informed opin- mean with respect to the Hmong refu- ance, if you will, from our Immigration ion, both government and NGO, dis- gees. About 2 months ago, I wrote to and Naturalization Service and the putes the assertion of mass fraud and the State Department in support of the State Department, for how we were corruption in the process. If you de- Hmong. I now understand an agree- going to handle the screenings of refu- stroy this process by the Smith lan- ment is being worked out with the gees to come in from over in that part guage in the bill, you have left the Thai Government to grant us access to of the world. That series of standard United States holding all of the respon- the Hmong in the camps later this criteria, if you will, were later adopted sibilities for the tide of refugees that year. But if we blow it up by this ac- into statute in what is known as the you are about to launch. I ask you to tion today, that is gone. Lautenberg amendment. think seriously about that. Mr. Chairman, the gentleman from It is those criteria which the gen- What about the egregious cases that New York [Mr. GILMAN], the committee tleman from New Jersey [Mr. SMITH] are mentioned and identified by the chairman, asked me in his absence to has offered and put in the bill which is NGO’s? I will work with my colleagues make a unanimous-consent request. I underlying this today and which we are and the NGO’s to press UNHCR and the do that in concluding my remarks. trying to defend on this side, and I State Department to be more active in Mr. Chairman, I ask unanimous con- must reluctantly oppose my good seeking redress. I understand that at sent that debate on the pending amend- friend, the gentleman from Nebraska least 48 cases from the list have been ments and any amendments thereto be [Mr. BEREUTER], because he wants to successfully overturned, and more per- limited to 30 minutes, to be controlled strike that more liberal standard, if haps should be. But I caution my col- by the gentleman from New Jersey you will. leagues in the House, do not launch [Mr. SMITH] for 15 minutes, the gen- That standard prevailed, this stand- this wave of refugees. tleman from Wisconsin [Mr. OBEY] for ard I am talking about, for nearly 6 Mr. OBEY. Mr. Chairman, will the 71⁄2 minutes, and myself, the gentleman years, until 1989, when this comprehen- gentleman yield? from Nebraska [Mr. BEREUTER], for 71⁄2 sive plan was adopted. It is only since Mr. BEREUTER. I yield to the gen- minutes. the comprehensive plan has been tleman from Wisconsin. The CHAIRMAN. Is there objection adopted that the U.S. screeners are out Mr. OBEY. Mr. Chairman, I would to the request of the gentleman from of the picture pretty much, and all of like to ask a specific question with re- Nebraska? the UNHCR folks are doing the screen- spect to a specific group of refugees. Mr. GUNDERSON. Mr. Chairman, re- ing we are hearing the complaints Right now, there are a lot of Hmong serving the right to object, there are a about. refugees trapped in Thailand. Some of number of us who have been patiently We do not want to let everybody in. them want to go back to Laos. A lot of waiting to engage in this debate and we The standard that Ronald Reagan pro- them want to come to the United are not about, when we have constitu- moted and adopted and we operated States. And a lot of them, if given the ents and their families whose fate is at under for 6 years is the standard that opportunity, would prefer to stay in the mercy of the outcome of this, to we simply want, those of us supporting Thailand. agree to that kind of a unanimous-con- the Smith and the underlying bill posi- I would simply ask this question of sent request when we have had no tion want to have adopted at least for those who are supporting the Smith time, when certain Members have con- 1 year, to look at the group that we are amendment. If this country today uni- tinued to ask for more time, more time talking about forcibly repatriating in laterally takes this action, and sends a and more time so they can conduct many cases. Let’s screen them under message to refugees around the world their discussions at our expense. At that standard. that we are about to absorb all of the this point, I object, Mr. Chairman. Let me tell you what the preferences refugees discussed under this amend- The CHAIRMAN. Objection is heard. are to that standard, the presumption ment, and if under those circumstances Mr. MCCOLLUM. Mr. Chairman, I almost that they still have to prove the Thailand Government then decides move to strike the requisite number of credible fear: against allowing those Hmong refugees words. Former officials of the government to resettle in Thailand, are we really Mr. Chairman, I have heard a lot of in the south existing prior to the take- doing those Hmong refugees any good? emotional debate today and I would over in 1975, and we are talking about The CHAIRMAN. The time of the just like to try to put this in some per- Vietnam, national and local officials. Former members of the military of gentleman from Nebraska [Mr. BEREU- spective. I do not serve on this particu- the government in the south existing TER] has expired. lar committee, but I have served on the prior to the takeover in 1975. (On request of Mr. OBEY, and by Immigration and Refugee Subcommit- Catholics and Buddhist monks. Now, unanimous consent, Mr. BEREUTER was tee for over 14 years. I personally have there might be some of them, a very allowed to proceed for 2 additional visited the Hmong camps, I have per- tiny few of them, from the north. I minutes.) sonally visited Hong Kong, I have been think they are going to be the only Mr. BEREUTER. Mr. Chairman, I there more than once, and I think I ones you hear today who could be even continue to yield to the gentleman have some feel for the history of this under this list. from Wisconsin [Mr. OBEY]. matter since about 1980. Persons formerly or presently em- Mr. OBEY. Are we not in fact by this The story that I would like to tell a ployed by the United States or Western action today going to make it highly little bit of to put it in perspective is institutions, or persons educated in the unlikely that the Thai Government the story of the way in which the deci- West. would in fact make that third option sions were being made back in the Persons required after the takeover available to those Hmong refugees? 1980’s with regard to how we screened in 1975 to undergo reeducation in re- And does that not in fact mean, just as people in and out among these groups education or labor camps, or who were the gentleman says, that the United of boat people and the Hmong and so imprisoned or sent involuntarily to States is going to unilaterally assume on. In the very early 1980’s, there was a new economic zones because they were onto its own shoulders all of the bur- very strict screening. President Reagan considered politically or socially unde- den for the turmoil that will result and when he came into office, was in office sirable. all of the financial burden that will re- a couple of years, and some of us re- Ethnic Chinese. sult as well? ported to him from our visits over Montagnards. It just seems to me that if we want to there that this was a major problem, Chams. change the screening process, we ought that indeed the standards being used to Accompanying members of house- to focus on demands to change the screen in were not allowing those to holds or persons falling into any of the screening process. We should not in the come in who had been those who had preceding categories. process blow up an international agree- assisted us during the war, who were The same type of list, I am not going ment unilaterally, which this language truly people who have credible fears of to read it, is there for the Laotian and does. persecution, and so on and so forth. the Cambodian situation. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5541 We are not talking about just letting caused a boat flotilla of over 1,000 peo- change your amendment. It restores everybody in who is an economic refu- ple to leave. They had to be rescued the basic bill to what it should be, al- gee. With all due respect to the gen- from the sea. Given that example, why lowing all of the refugees to come in tleman from Nebraska [Mr. BEREUTER], does the gentleman think we are not under the existing ceiling now so we that is not what this whole debate is about to launch a major exodus of boat would not be taking in any additional, about. people? and at no additional cost, I submit. What those of us who believe in the Mr. MCCOLLUM. First of all, I do not Mr. DORNAN. Mr. Chairman, I move underlying bill and believe in the mod- personally believe we are going to to strike the requisite number of est amendment that the gentleman launch any major exodus, because the words. from New Jersey [Mr. SMITH] is offer- amount involved in this as far as what Mr. Chairman, I have friends on all ing today want to see happen is that the changes are concerned is modest. sides of this debate. But I rise in strong for at least a year, maybe two if it They are not comprehensive like the support of the Smith amendment and takes it, that we take a look at the gentleman I know in all due respect be- sadly against the Bereuter amendment, boat people from Hong Kong, the lieves; I understand he does. and I do so not only as a matter of in- Hmong who are over in Thailand, the Second, I believe, yes, there is a tellect but with some measure of heart. others in the camps in Malaysia, and chance that Thailand and some of the judge them and have them judged by other countries, Hong Kong perhaps, It was in the Central Highlands 27 the standards that were on that list in will not accept this standard that we years ago this summer when the vil- 1983 to 1989, so that we can be satisfied would say we will impose. If we do not lage chieftain of a Hmong tribe, the in our consciences as American people provide them the money, they may Montagnard mountain people, wound a that we have indeed allowed those to very well forcibly send a lot of these small piece of cheap silver around my come out who really should and not be folks on back, anyway, and I think wrist, and I have not had it off in 27 sending those back that would be sent that that may very well continue to years. And I promised him I would not back in harm’s way. happen. I do not know. take it off until, as he put it, the Com- A lot of us just do not have con- But I do not want my name and the munists stopped kidnaping, killing, fidence in the current process. We have name of this Congress and the money and abusing his people. seen too many examples where it is not of the American people being spent for Now we have finally gotten around to working. I do not see the harm in it. I the kind of forcible repatriation that I treating native Americans with respect personally do not see the draw of the believe is going on with a substantial simply because they were here first by boat people, that we are going to draw number, not all, but a substantial num- 10,000 to 20,000 years. The Hmong peo- a whole bunch more people out with ber of these folks. ple are perfectly analogous to our this. American native Indian tribes in this b 1600 The standard is pretty darn clear and country. And they have been terribly it is pretty narrow. It is not economic I in good conscience, and I think abused. refugees, again, with all due respect. It most of the Members who are on our And it is not only for them but for is substantially below the 40,000 figure side of this issue are really voting with the Vietnamese, and all of the other some have used that would ever be al- that in mind, and we believe the down- various backgrounds in that small lowed in under this standard. I suspect side is not as great as the upside of abused country for almost two cen- a very small number, comparatively what we are doing. There is some risk, turies of Laos that I speak. speaking, would actually qualify under but I think it is a modest risk. Once about every 10 years, Mr. Chair- this Lautenberg or this Ronald Reagan Mr. BEREUTER. If the gentleman man, so this may be the last time I will standard, which is really what it is. It will yield one more time, the UNHCR I be sitting in the front bench, I will would be a modest number of people believe the gentleman understands, has look at these Roman letters that are who would be ultimately screened out. screened in 125,000 Indochinese. And cut into the front bench of our clerks Again, we are not actually going to then when we had the appeals process and our leadership. It reads union on accomplish this necessarily because for those screened out at least 1,500 the eastern end and peace on the west- the underlying proposal simply says we were screened in. So in fact it is not a ern side, but these three words I think are not going to provide money for the totally corrupt process and it isn’t a are apropos to this debate—justice, tol- comprehensive plan anymore. We are hopeless process for legitimate politi- erance and liberty. Most of them, even not going to be a party to what we cal refugees. the economic refugees, are yearning for think is wrong unless these standards Mr. MCCOLLUM. Reclaiming my freedom and for liberty so badly that it are adopted and used in the screening time, I realize they have done a mod- enables them to be horribly abused. process. That is all it does. estly good job, maybe a good job in The CHAIRMAN. The time of the some cases, but there have been enough I have been fascinated that all sides gentleman from Florida [Mr. MCCOL- reports to this Member and experienced here agree there is abuse. We are argu- LUM] has expired. staff, including one sitting beside me ing over how much abuse. To ask a (On request of Mr. BEREUTER, and by in the gentleman’s committee that man to give you his daughter for sex- unanimous consent, Mr. MCCOLLUM was have not been able to get the answers ual abuse, a type of coercive rape over allowed to proceed for 2 additional to satisfy this Member that convinces seeking liberty, is probably the most minutes.) me there is a corruption in its process offensive sex crime that you could pos- Mr. MCCOLLUM. Mr. Chairman, I and there is something going on I can- sibly imagine. To keep upping the ante yield to the gentleman from Nebraska. not condone. While some may have from a few hundred dollars to thou- Mr. BEREUTER. Mr. Chairman, I been good, all of it has not been good. sands of dollars. I have gotten names of thank the gentleman for yielding, and It is my personal belief, with all due re- people here that I will not put in the I appreciate his expertise and his expe- spect to the gentleman, if we need to RECORD, because we have a defense rience. give it a second look, we will give it, mechanism in this well where we can Mr. Chairman, I have two questions and if it does not work, so be it. But we name people, and I am not prepared to for the gentleman. I will ask them both owe it to the people involved and all do it outside of this Chamber so I will first and let the gentleman respond. those who came out in the past and not use their names. But they are colo- First of all, the gentleman said we that have been allies of us in the proc- nels, higher ranking men, hired by the may need a year, perhaps two years. ess and in the long since Vietnam pe- United Nations refugee people to oper- What happens when the country of first riod to do this, in my judgment, and ate in this screening process. Some of asylum begins to fail to cooperate, an that is why I feel as passionate about it these high-ranking men will make fam- action which I fully expect to take as I do. ilies in the camps put together their place immediately? I think we need to give them the one money and fly a leader all the way The second question: In light of the more chance. I urge an aye vote for the down to the capital of Indonesia, to fact that even a small rumor floated Smith amendment as a major alter- then be told that half his family will that there were jobs available in Japan ation and as the gentleman said, it will get refugee status but the other half, H 5542 CONGRESSIONAL RECORD — HOUSE May 24, 1995 generally including wives and daugh- Nations program that screens refugees for Thousands of former political prisoners, ters, will have to submit to more bribes resettlement and non-refugees for repatri- human rights activists, resistance fighters, if not to this form of coercive rape. ation. This screening program is, however, who had been imprisoned for their U.S. ties I think it is terrible that screening seriously corrupt and has placed numerous during the war or because of their political refugees at risk. It affects thousands of U.S. beliefs have also been denied refugee status. officials have charged as low as $400 citizens whose tax dollars have gone into fi- In a number of instances, screening offi- U.S. dollars, demanding U.S. currency, nancing it, ironically. cials intentionally screen in only have of the up to $4,000 and there have been sub- In Indonesia, for instance, screening offi- family. Once resettled, they must pay to get stantiated cases as high as $10,000 or cials have charged asylum seekers 500–4,000 the rest of their family out. Those who do $12,000. U.S. dollars for refugee status at the initial not have the means to pay have to accept in- I have been to Southeast Asia eight screening stage. At the final appeal stage, definite separation from their loved ones, times while the war for freedom was the price goes as high as $10,000–12,000. Many boat people recently resettled have The head of the corruption racket is none offered to testify. A number of former going on, twice to Hanoi as a Congress- other than Colonel Wim Roesdi, Chairman of man and several times to go back to UNHCR lawyers have gone public. In late the Indonesian Task Force, in charge of Vi- 1993, Simon Jeans, formerly with UNHCR in those camps. My oldest of my five chil- etnamese asylum seekers. He has even Indonesia, publicly denounced the flawed dren, my daughter Robin, spent a year opened a bank account under the name of screening system. In his words, ‘‘several ref- in those camps in 1980 and 1981. She Obrien Sitepu, his right-hand man, at Chemi- ugees whose status had been accepted by saw abuses then, Mercedes Benz cars cal Bank, New York to collect cash directly UNHCR officials were turned down by Indo- arriving from Bangkok, air-condi- from U.S. relatives of the asylum seekers. nesian officials after failing to come up with tioned cars extorting money from Several lawyers working for the U.N. High the cash.’’ Commissioner for Refugees (UNHCR) to over- Another lawyer, who established the those people. This corruption has been see the screening process also took part in going on for 14 years. I do not care if it screening program in Indonesia but who the racket. Rahmad Irwan, representing later resigned, reported that ‘‘the reason is 3 percent, 5 percent, or 10 percent. UNHCR on the Refugee Status Appeal Board, why corruption was possible to such an ex- My evidence shows me it is even more is known to have demanded both money and tent in Indonesia was that the UNHCR lead- than that. We have got to come to a sexual favors from asylum seekers in ex- ership in that country was never interested screeching halt here. change for refugee status. He then shared the in enforcing qualitative standards in screen- Of course we do not like to see people proceeds with his Indonesian counterparts on ing. fashioning spears and stakes. God for- the Appeal Board. Despite the many appeals by asylum seek- In a number of instances, the boat people ers and refugee advocates and the many un- bid they get hold of guns to fight for had to offer their wives and daughters for their liberty as this country has done. deniable evidences, UNHCR has steadfastly several nights or longer, sometimes for denied any wrongdoing by its own officials or There are excesses and innocent people weeks, as part of the deal. Many refugees local screening officials. Instead, the agency in Hong Kong who are law enforcement with strong persecution claims have been de- has invested considerable resources into si- authorities that have been terribly nied refugee status because they could not lencing protesters and into explaining away wounded, but the whole process, we afford the bribes or because they refused to the egregious screening decisions. must step back from it and look at it. offer their wives or daughters. The United States ends up bank rolling a In some cases, U.S. relatives were required The Smith amendment is the best way corrupt U.N. program, which victimizes not to travel to Jakarta to pay cash directly to only victims of persecution in Vietnam but to do it. Colonel Roesdi. Some female relatives had to As the gentleman from Florida, Mr. also thousands of U.S. citizens who have satisfy his sexual demands in addition to the been coerced into paying bribes to screening MCCOLLUM, did not point out in his let- cash. officials. Those who refuse to cooperate have A number of officials affiliated with U.S. ter, but the gentleman from Virginia, seen their relatives abused and threatened consular offices are also involved. For in- FRANK WOLF, who is an absolutely ster- by camp officials. Some of their relatives stance, Sumarno, an Office Manager of the ling person in this Chamber in either have committed suicide to protest the injus- Joint Voluntary Agency—a U.S. agency party on these human rights issues, tice or to escape deportation to Communist funded by the State Department and operat- Vietnam. pointed out that the American Legion ing out of U.S. consular offices—routinely It is time to stop the tragedy and save is asking us to step back from this proposed deals to U.S. citizens who came to lives. process. I have never found people in visit their relatives in Galang Camp. Several any American Legion hall, with all due U.S. citizens have denounced his criminal ac- Mr. GUNDERSON. Mr. Chairman, I respect to the gentleman from Wiscon- tivities to U.S. consular officials but were move to strike the requisite number of sin, Mr. OBEY, to be soft-headed. Far met with bureaucratic indifference. Mean- words. from it. I think what we have got to do while, their relatives in Galang Camp suf- (Mr. GUNDERSON asked and was is give these people the benefit of the fered retaliation by the Indonesian authori- given permission to revise and extend ties. They have become victims of threats his remarks.) doubt that they have put their lives at and physical abuses, and their correspond- stake, on the road and more often at ences have been intercepted and confiscated. Mr. GUNDERSON. Mr. Chairman, I sea, have fielded Thai raping, pirates. As a consequence of corruption, those with think I am as much of an establish- They have fielded shark attack, dehy- cash as well as collaborators, operators, and ment guy or at least accused of that as dration and at least 700,000 or 800,000 mistresses of screening officials are recog- any of my colleagues, and I come here people drowned on the high seas. nized as refugees and resettled. On the other today with the highest respect for the Mr. OBEY. Mr. Chairman, will the hand, genuine refugees with compelling gentleman from Nebraska [Mr. BEREU- claims but without money to pay, or who gentleman yield? TER] and the gentleman from Wiscon- refuse to offer their wives or daughters to Mr. DORNAN. I yield to the gen- screening officials, have often been denied sin [Mr. OBEY], and frankly, I think tleman from Wisconsin. refugee status and now face deportation. they are partially right. But it is the Mr. OBEY. Mr. Chairman, I thank Many religious leaders severely persecuted part where they may not be right that the gentleman for yielding. I want to in Vietnam, have been ‘‘screened out’’ be- drives me to this particular debate and make clear when I used the term soft- cause they have nothing to offer. For in- why I rise in such strong support for headed I was referring to Members of stance, Ven. Thich Thanh Lien, Chief Rep- the Smith amendment. Congress, not members of the Amer- resentative of the Unified Buddhist Church The fact is that we are dealing with ican Legion. of Vietnam in Galang Camp was denied refu- either an intentional or an uninten- gee status despite his strong refugee claims. Mr. DORNAN. I will try not to take In 1993, his disciples and colleagues in the tional misinformation game, and peo- that personally. As a member of the United States and other countries had to ple’s lives are at stake as this game American Legion I guess I have a pass pool money to pay Colonel Roesdi $7000 to goes on. on that. I would urge to rarely vote get the screening decision reversed. Simi- I want Members to know that last ‘‘no’’ on my good friend the gentleman larly, Ven. Thich Minh Hau, another Bud- fall the gentleman from New York [Mr. from Nebraska, Mr. BEREUTER, and dhist monk, was granted refugee status only GILMAN], the distinguished chairman of ‘‘yes’’ for my friend, the gentleman after his disciples paid $5000 to the screening this committee, the gentleman from authorities so as to prevent his deportation from New Jersey, CHRISTOPHER SMITH. Iowa [Mr. LEACH], and myself wrote a to Vietnam. Several other monks are less [From the Washington Times, May 22, 1995] fortunate. They have spent the past seven letter to the United Nations High Com- U.S. BANKROLLS CORRUPT U.N. PROGRAM months in prison awaiting eventual deporta- missioner for Refugees. We wrote that Since 1989, the United States has contrib- tion to Vietnam, where their Church had letter because six members of the uted roughly 150 million dollars to a United been outlawed. Hmong community who were in the May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5543 Ban Napho camp had tried to provide a the United States Congress approves of an amendment with reason, and that is petition to Mr. GILMAN’s staff raising the forced repatriation procedures as why I am for the Bereuter-Obey amend- their concerns about the repatriation they are ongoing at this very moment, ment. process. Those six gentlemen were as a and if we reject the Smith amendment, Mr. MORAN. Mr. Chairman, I move result of that effort arrested, and they Members will reject the hopes and the to strike the requisite number of last were taken to a prison or an immigra- lives of many people of the Hmong words. tion detention center at Suan Phlu. community to torture and in many I rise in support of the Bereuter-Obey Now we wrote asking about them, cases eventual death. amendment and against the amend- and we received a letter back on De- I would suggest that since we voted ment by my friend, the gentleman from cember 7 which said: ‘‘Their well-being, on the Desert Storm resolution and the New Jersey [Mr. SMITH]. like that of other persons of concern to vote to send our troops into hostility Mr. Chairman, there are two very UNHCR, are monitored by full-time and harm’s way, it is this vote this fine Vietnamese restaurants in Arling- UNHCR personnel. You might be inter- afternoon on the Smith amendment ton, Cafe Saigon and Nam Viet. They ested to know that the persons con- which will affect more lives of more in- are owned by a Vietnamese gentleman cerned are in good health and are re- dividuals than any vote since that who served South Vietnam in the ceiving preferential treatment, includ- time. army. In fact, he was imprisoned after- ing English classes. They are only com- I plead with Members for the sake of ward, tortured. plaining of boredom.’’ these people who stood with us as our I met with him in my office, as he is Why do I tell Members that? I tell friends, support the Smith amendment. a constituent, on Friday. He showed them that because between Christmas Mr. ROTH. Mr. Chairman I move to me dozens of pictures. One of those pic- and New Year’s of this past year a strike the requisite number of words. tures was of the chief of intelligence member of my staff and five other staff Mr. Chairman, I think that we have for the South Vietnamese army, who is people gave up of their holidays to go had a good debate on this amendment a very wealthy man now. He is a con- over to Thailand and to try to inves- this afternoon, and I compliment the sultant to the Vietnamese Govern- tigate the circumstances. They were previous speaker from Wisconsin. I ment. He showed me any number of able to get in during visitation hours think that his heart is in the right other pictures of people who had been to that detention center, and while place, and like him and many of you I very active in high-ranking positions they were there they were able to talk have been contacted by our Hmong for the South Vietnamese army who to these six individuals. Do you know community, and our hearts go out to had been considered enemies of the what these six individuals told them? them. But we also have an obligation people on the fall of Saigon but are They told them that there had only to our own people and our own tax- now very much a part of society and been one visit over the entire 4-month payers. the economy. He showed me pictures of detention process by anyone from the We are being flooded with legal and him standing in Hanoi, pictures of him U.N. High Command on Refugees. They illegal immigrants in this country. standing in every place that we would had only been out of their cell once, Now we are going to open up the bor- have thought was off limits. and that was when a friend from the ders. In fact we do not have borders He explained that he was able to Ministry of Interior came to visit over our own country anymore. We are travel anyplace. He went over there be- them. No one from the United States going to take in tens of thousands of cause he has helped to set up an or- Embassy, despite our requests, had economic refugees again. phanage for Vietnamese children, par- been there to visit them, and the U.S. Yes, we should help these people in ticularly the Amerasian children, the Embassy was only 21⁄2 blocks away. the camps. We should look out for children of American GIs, who had They were quarantined in a small cell them. They did stand with us. But the been orphaned who are left in Vietnam, of 18 people. They were required to war was 20 years ago. How many more and he told me, Mr. Chairman, that the sleep on concrete floors with only a are we going to bring into this coun- real need is for American involvement, towel as their bedding. They were try? Yes, we would like to bring every- not for us to turn our backs and con- given only two meals a day of bamboo body into America, but that is not pos- tinue trying to punish Vietnam. He felt and rice. They were given no medical sible. his country and his people had been care at all. Two people complained of This is well-intentioned, but we can- punished enough, that it is now time fevers and two others complained of ul- not allow a new outflow of boat people. for healing, it is time for people like cers. Is that fair to these people, to give him and others like him to participate Now, I tell you all of that because as them hope to bring them on the high in Vietnam’s economy. this debate was emerging last week, seas again? This would not be in their He feels very strongly that the people our State Department sent a new letter best interests. who are living in very difficult condi- regarding this same situation at which Yes, we also have to consider our own tions in refugee camps ought to be re- they said, ‘‘Although the six were people. You know who is going to pay patriated back to Vietnam to see, as he taken to Suan Phlu, they were still for this. We had unfunded mandates we did, the changes that have occurred in considered refugees by the Thai Gov- passed in the first 100 days. These peo- Vietnam, to realize that time marches ernment and UNHCR. They were well ple coming into local communities, on, that the Vietnamese people now are treated and their welfare was mon- who is going to educate them, who is far more focused on the future, a fairly itored by the UNHCR.’’ going to train them? This is going to bright economic future, than they are I do not enjoy calling people like our cost a lot of money. I heard here in de- obsessed in the past. State Department or the UNHCR liars, bate before that we have 1 million that There seem to be more people in this but I have to tell my colleagues when we have brought into the country. How country who are looking upon Vietnam we are talking about truth, when we many more can we absorb? with the blinders of the past than there are talking about justice, when we are are in Vietnam itself. This body time b talking about people’s lives, both of 1615 and again has made wrong decisions these agencies are misrepresenting the Yes, the Hmong are good citizens. We with regard to that country. That truth. have a million here now. How many country has suffered a great deal. I do I do not doubt for 1 second that what more can we absorb? How many more not want that country to be a Com- the gentleman from Nebraska [Mr. BE- can we assimilate? munist nation, but when you trace the REUTER] and the gentleman from Wis- We have an obligation to our own history, we were in many ways consin [Mr. OBEY] are suggesting is people, too, and we have to draw fine complicit with what occurred. that there is some room for some prob- lines, our own people, your taxpayers I am not going to go through a whole lems that need to be resolved. But let and mine. The American people are a history at this point, but I think we us not kid ourselves about this debate people with a great heart, but we must would be far better off taking a con- this afternoon. This is a debate that is also have a level head, and that is why structive role, helping Vietnam de- going to be heard around the world, be- this is a good amendment. It is an velop a free enterprise economy, de- cause this is a debate about whether amendment with a heart, but it is also velop a democracy at some point, H 5544 CONGRESSIONAL RECORD — HOUSE May 24, 1995 which I think is possible, and work Myrick Salmon Tejeda MEEHAN, and Ms. WOOLSEY changed with them to show them how impor- Nadler Sanford Thornton their vote from ‘‘aye’’ to ‘‘no’’. Nethercutt Saxton Tiahrt tant protection of human rights is to Neumann Scarborough Torkildsen Messrs. ALLARD, LAZIO of New us and should be to them. We can only Ney Schaefer Torricelli York, BONO, JOHNSON of South Da- do that when we have face-to-face con- Norwood Schiff Towns kota, UPTON, MARTINI, BACHUS, Nussle Schumer tact with the Vietnamese people. Upton HOYER, NETHERCUTT, PETERSON of Oberstar Scott Velazquez That is why the Bereuter-Obey Ortiz Seastrand Vento Minnesota, BROWDER, HALL of amendment is the appropriate, con- Orton Sensenbrenner Volkmer Texas, STENHOLM, MONTGOMERY, Owens Serrano Vucanovich structive one, and I think the Smith Oxley Shadegg CRAMER, CONDIT, BEVILL, MCHALE, Waldholtz amendment, with all due deference to Packard Shaw TAUZIN, BISHOP, TOWNS, CHAP- Walker Pastor Shays my friend from New Jersey, is focused Walsh MAN, SPRATT, HOLDEN, KILDEE, Paxon Shuster too much in the past and past bigotries Wamp PASTOR, THORNTON, TORKILDSEN, Peterson (MN) Skeen and does not take into consideration Pombo Skelton Waters WILLIAMS, POMEROY, WISE, DE LA the enormous progress that has been Pomeroy Smith (NJ) Watts (OK) GARZA, PORTER, and EDWARDS, and Waxman made in the last few years. Porter Smith (WA) Ms. EDDIE BERNICE JOHNSON of Portman Solomon Weldon (FL) The CHAIRMAN. The question is on Poshard Souder Weldon (PA) Texas changed their vote from ‘‘no’’ to the amendment offered by the gen- Pryce Spence Weller ‘‘aye’’. White tleman from New Jersey [Mr. SMITH] to Quillen Spratt So the amendment to the amendment Whitfield Radanovich Stark was agreed to. the amendment offered by the gen- Rahall Stenholm Wicker tleman from Nebraska [Mr. BEREUTER]. Rangel Stockman Williams The result of the vote was announced The question was taken; and the Regula Stupak Wilson as above recorded. Chairman announced that the noes ap- Rohrabacher Talent Wise The CHAIRMAN. The question is on Ros-Lehtinen Tate Wolf peared to have it. Roybal-Allard Tauzin Young (AK) the amendment offered by the gen- RECORDED VOTE Royce Taylor (MS) Young (FL) tleman from Nebraska [Mr. BEREUTER], Sabo Taylor (NC) Zimmer Mr. SMITH of New Jersey. Mr. Chair- as amended. The amendment, as amended, was man, I demand a recorded vote. NOES—156 agreed to. A recorded vote was ordered. Abercrombie Frost Moran The vote was taken by electronic de- Archer Furse Morella AMENDMENT OFFERED BY MR. HASTINGS OF Baldacci Gallegly Neal FLORIDA vice, and there were—ayes 266, noes 156, Barrett (WI) Gejdenson Obey not voting 12, as follows: Mr. HASTINGS of Florida. Mr. Chair- Barton Gephardt Olver man, I offer an amendment. [Roll No. 353] Bass Gibbons Pallone Beilenson Gilchrest Parker The Clerk read as follows: AYES—266 Bereuter Gillmor Payne (NJ) Amendment offered by Mr. HASTINGS: Ackerman DeLay Hyde Bilbray Gonzalez Payne (VA) Bonior Goodlatte Pelosi At the end of the bill add the following new Allard Diaz-Balart Inglis title: Andrews Dickey Istook Borski Gordon Petri Armey Dooley Jackson-Lee Boucher Goss Pickett TITLE XXXVI—ADDITIONAL PROVISIONS Brown (CA) Green Ramstad Bachus Doolittle Johnson (SD) SEC. 3601. ADDITIONAL AUTHORIZATION FOR Baesler Dornan Johnson, E. B. Brown (FL) Greenwood Reed Brown (OH) Hamilton Reynolds THE DEVELOPMENT FUND FOR AF- Baker (CA) Doyle Johnson, Sam RICA. Baker (LA) Dreier Kasich Bryant (TX) Harman Richardson Ballenger Dunn Kelly Cardin Hastert Riggs Notwithstanding section 3221(a)(2) of this Barcia Edwards Kennedy (MA) Castle Hastings (FL) Rivers Act, $802,000,000 is authorized to be appro- Barr Ehlers Kennedy (RI) Clay Hefner Roberts priated for each of the fiscal years 1996 and Barrett (NE) Ehrlich Kennelly Clayton Hilliard Roemer 1997 to carry out chapter 10 of part I of the Bartlett Emerson Kildee Clement Horn Rogers Foreign Assistance Act of 1961 (22 U.S.C. 2293 Clinger Houghton Rose Bateman Engel Kim et seq.). Becerra English King Clyburn Jacobs Roth Bentsen Evans Kingston Coleman Jefferson Roukema Mr. HASTINGS of Florida (during Berman Everett Klink Collins (IL) Johnson (CT) Rush the reading). Mr. Chairman, I ask Collins (MI) Johnston Sanders Bevill Farr Knollenberg unanimous consent that the amend- Bilirakis Fawell Kolbe Combest Jones Sawyer Bishop Fields (LA) LaHood Costello Kanjorski Schroeder ment be considered as read and printed Bliley Flake Lantos Coyne Kaptur Sisisky in the RECORD. Blute Flanagan Largent Danner Klug Skaggs The CHAIRMAN. Is there objection Boehlert Foglietta LaTourette Deal LaFalce Slaughter Boehner Forbes Lazio DeFazio Latham Smith (MI) to the request of the gentleman from Bonilla Fox Leach DeLauro Laughlin Smith (TX) Florida? Bono Franks (CT) Levin Dellums Lewis (GA) Stearns There was no objection. Deutsch Lightfoot Stokes Brewster Franks (NJ) Lewis (CA) Mr. HASTINGS of Florida. Mr. Chair- Browder Frisa Lewis (KY) Dicks Lipinski Studds Brownback Funderburk Lincoln Dingell Luther Stump man, I offer an amendment today to in- Bryant (TN) Ganske Linder Dixon Maloney Tanner crease by $173 million the Development Bunn Gekas Livingston Doggett Manton Thomas Fund for Africa account. This addi- Bunning Geren LoBiondo Duncan Markey Thompson Burr Gilman Lofgren Durbin Martinez Thornberry tional $173 million will restore this ac- Burton Goodling Longley Ensign Matsui Thurman count to the current funding level. Buyer Graham Lowey Eshoo McCarthy Torres The Development Fund for Africa Ewing McDermott Traficant Callahan Gunderson Lucas was established by a bipartisan major- Camp Gutierrez Manzullo Fattah Meehan Tucker Canady Gutknecht Martini Fields (TX) Meek Visclosky ity in 1987. Why? Because development Chabot Hall (OH) Mascara Filner Mfume Ward aid is clearly in our long-term interest. Chambliss Hall (TX) McCollum Foley Miller (CA) Woolsey Development assistance ensures that Chapman Hancock McCrery Ford Miller (FL) Wyden Chenoweth Hastings (WA) McHale Fowler Minge Wynn underdeveloped economies become sta- Christensen Hayes McHugh Frank (MA) Mink Yates ble friends and future trading and busi- Chrysler Hayworth McInnis Frelinghuysen Moakley Zeliff ness partners. Coble Hefley McIntosh The Development Fund for Africa has Coburn Heineman McKeon NOT VOTING—12 Collins (GA) Herger McKinney Calvert Hansen Meyers been critical to supporting the transi- Condit Hilleary Menendez Conyers Kleczka Peterson (FL) tion in South Africa, crucial in turning Cooley Hinchey Metcalf Cubin McDade Quinn around Africa’s economic decline, has Cox Hobson Mica Fazio McNulty Watt (NC) Cramer Hoekstra Mineta helped bring about market liberaliza- tion efforts in some 20 countries, and Crane Hoke Molinari b 1649 Crapo Holden Mollohan has addressed basic issues such as girls Cremeans Hostettler Montgomery Messrs. EWING, MANTON, education, vaccinations against cur- Cunningham Hoyer Moorhead Davis Hunter Murtha THORNBERRY, STEARNS, BARRETT able diseases, and halting the spread of de la Garza Hutchinson Myers of Wisconsin, JACOBS, MATSUI, and AIDS. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5545 The Development Fund for Africa goal for the past 40 years was the dis- sources among the various spending helps develop the physical infrastruc- solution of the communist system. We priorities. ture, the human resource base, and the have been largely successful in achiev- It was in that context of competing rule of law structures which provide a ing this goal, but the repercussions of priorities that the committee, while safe and hospitable locale for American the breakup mean that there is both a considering the bill at our mark up ses- businesses to operate successfully. The political and financial vacuum in many sions, gave a great deal of attention to Development Fund for Africa was spe- troubled spots. Now that we have the funding of the Development Fund cifically created to target development forced so many countries to abandon for Africa. resources efficiently in countries that either their type of government or While the budget climate required both need the assistance and have the their support system, do we now say, that all programs contribute their fair potential to become self-sufficient ‘‘Sorry, you’re on your own? We can’t share to the deficit reduction effort, we economies which can later buy our help?’’ I don’t think so. cut aid to Africa less than other devel- products. Senator Claude Pepper of Florida was opment assistance programs. Cuts in the Development Fund for Af- the only Member of Congress to criti- Aid for Latin America and the Carib- rica account would undercut our ef- cize the isolationist mood in the U.S. bean, areas of the world also of great forts to strengthen export markets and Congress when Hitler began toppling concern to every member of the Flor- fledgling democracies in southern Afri- nations in 1939. Senator Pepper argued ida delegation, has not been protected ca; undermine our ability to prevent that it was the responsibility of all with funds destined as a separate line Somalia-like crises and famine; and di- mankind to intervene in the face of item in this bill. minish support for democracy building evil. Senator Pepper said, ‘‘when a few What will happen is that by raising to countries in political transition, al- men are wronged and the force of bru- the aid for Africa without specifying lowing countries like Mozambique and tality and the jungle are let loose, the source of the funds, eventually it Angola (which are on the cusp of recov- when civilization is denied and godli- could hurt the poor nations of the Car- ery) to slip into chaos and crises simi- ness and goodness scorned, that is no ibbean and Latin America whose devel- lar to Rwanda. private war, that is a war against man. opment assistance programs will be cut Those who would dismiss Africa as Hence, to vindicate those things for or perhaps other areas will be cut. being unimportant are taking a nar- which good men stand, good men ev- This has been the history of the aid row, shortsighted view of American in- erywhere must stand together against program over the last few years—as terests. We are making a long-term in- wrong, not only wrong to a chosen few, other regions of the world have re- vestment in Africa, and we know from but wrong to any man, woman or ceived increased development assist- our own experience that the United child.’’ States benefits directly from the devel- To ignore our responsibilities to na- ance funding, at least some part of the opment which foreign aid helps fuel. tions less fortunate, to refuse to share money to provide that assistance has We hear a lot of talk about Africa our bounty, to silence our teachers, to been taken from the aid programs in being a sinkhole for foreign aid and shut out friends who cry for our help, Latin America and the Caribbean or that the U.S. has no reason to remain these are crimes against humanity. other areas of the globe. engaged in Africa. The American people are not that I think this would be a mistake. But I am not sure that many Mem- cruel, nor should we be. I beg my col- We are trying to help countries in bers are aware that South Africa leagues, support the Hastings amend- the Caribbean to improve their stand- played a key role in the recent indefi- ment. ard of living, just as we are trying to nite extension of the Nuclear Non-Pro- help Africa, Latin America, Europe and b liferation Treaty. 1700 on and on. U.S. engagement, and U.S. assist- Ms. ROS-LEHTINEN. Mr. Chairman, Economic development programs in ance, has played an important part in I move to strike the last word. Latin America are an important part the emergence of South Africa as a Mr. Chairman, it is with great reluc- of our overall efforts to control the il- democratic partner for the United tance that I rise to oppose this amend- legal immigration and drug trafficking States. ment to increase the funding level for that has had an impact on the people of South Africa’s role in the NPT con- aid to Africa. Florida and other southern States. ference shows that our support is al- If we had an unlimited amount of There was an intensive debate in ready bringing dividends. money to allocate to foreign aid, I Committee, and the bill’s funding level Nor are many Members aware that would join Mr. HASTINGS in supporting of $629 million for the Development American exports to Africa are grow- $802 million for the Development Fund Fund for Africa is one that was given ing faster than U.S. exports to Europe for Africa. great care. and that U.S. trade with Africa exceeds Mr. HASTINGS has been a good friend, We had to find other programs in the our trade with the former Soviet both as a fellow member of the Florida bill and forced them to accept dis- Union. delegation, and, as one of the most ac- proportionately large cuts in order to It is in our national interest to pre- tive members of the Subcommittee on provide this level of aid to Africa. vent crises like we have witnessed in Africa. I should note that the Development Rwanda and Somalia, which together Whenever we have a subcommittee Fund for Africa is not the only source cost us $2.25 billion in emergency as- meeting—not just at the hearings or of funding for aid programs in Africa. sistance funds. Preventive diplomacy formal briefings, but in the many infor- will help us avoid these crises. mal, private activities we have, such as It is important to keep this in mind. Aid to Africa is not only in our self- meetings with foreign officials or the President Clinton has the authority interest, it is consonant with our na- local members of the African diplo- to take funds from the PL–480 program tional values. We have a long and matic corps—I can always count on Mr. and channel PL–480 resources to Africa. proud tradition in this great country of HASTINGS to be there and to be a very He also has the authority to allocate helping the needy both home and active participant. general development assistance funds abroad. Emergency aid is invaluable And, as someone who is new to the and apply them to projects and pro- for relieving human suffering, but sus- assignment on the Africa Subcommit- grams in Africa. tainable development assistance is tee, I have found that Mr. HASTINGS is In addition to the DFA funding, Afri- critical to breaking the cycle of de- a very valuable resource as I study the ca projects are funded by A.I.D., pendency and despair by addressing the issues of American policy toward Afri- through its Global Programs Bureau root causes of poverty. ca. and out of regular Development Assist- We have unavoidable responsibilities But we don’t live in an age of unlim- ance funding. around the world. Some of the prob- ited resources. About $60 million a year in Peace lems around the world which currently We live in a time of fiscal austerity Corps programs, and a quarter billion demand our attention are problems of and we have to make the hard deci- dollars of PL–480 programs, are also our own making. Our foreign policy sions on how to allocate limited re- provided to Africa each year. H 5546 CONGRESSIONAL RECORD — HOUSE May 24, 1995 One should, in the current climate of about exports to the developing Therefore, without the funding, I cutbacks in all programs, allow the ad- world—exports which amount to 40 per- must be opposed to this amendment. ministration some flexibility in man- cent of all U.S. exports. Mr. JOHNSTON of Florida. Mr. aging these program cuts. But for there to be a market there Chairman, I move to strike the req- Increasing the funding for Africa will needs to be healthy, educated and eco- uisite number of words. actually deprive President Clinton, and nomically productive societies. Slash- Mr. Chairman, at the markup of the his Secretary of State, of the flexibil- ing the DFA to bits will not accom- full committee, I made probably the ity they need to manage the program plish that goal. Not at all. improprietous observation that this cutbacks in accord with their foreign That is why I am cosponsoring this bill is racist. And I want to point out policy needs and priorities. amendment, along with some of my that it is not racist through malice, it I therefore urge Members to vote distinguished colleagues on the Inter- is racist through ignorance. The fact is against this amendment. national Relations Committee, to raise that I do not think that many of the Mr. HASTINGS. Mr. Chairman, will the DFA to the fiscal year 1995 level of Members of the full committee have the gentlewoman yield? $802 million. any idea about Africa. Ms. ROS-LEHTINEN. I yield to the Strangely enough, while this bill For the last 2 years, I chaired the gentleman from Florida. slashes lifesaving programs like the Subcommittee on Africa of the Com- Mr. HASTINGS. Mr. Chairman, I ask DFA, we are finding room to increase mittee on International Relations. I most respectfully, is the gentlewoman our military sales program. toured 26 countries during that period aware that the accounts that she iden- Unlike the DFA, this is not a pro- of time. Each time I went, I asked tified are all being cut as well? gram geared to help people that are Members of the minority party, then Ms. ROS-LEHTINEN. Mr. Chairman, starving, or are in the midst of democ- Republicans, to accompany me. In fact, absolutely, we agreed. That is part of racy building. Maintaining aid to Afri- I begged them to come with me to Afri- the basis of my speech. All of the pro- ca is within our responsibility as a ca, and in that 2-year period not one grams are being cut. world leader and it is the least that we ventured to travel. In fact, the Africa program, in rela- can do for people who are deserving of In the majority report to this bill, tion to the other programs that are our assistance. I strongly urge your they refer to ‘‘Africa did this’’ and ‘‘Af- being cut, is not nearly cut as much. I support for this amendment. rica did that.’’ You would think that think that is the point that I was mak- Mr. ROTH. Mr. Chairman, I move to Africa was a country in itself. I made ing; all of the programs are cut, just as strike the requisite number of words. the flip remark in the committee that we are cutting domestic programs, so Mr. Chairman, as a member of this someday I am going to expect a Repub- we should cut foreign programs. subcommittee, the Subcommittee on lican to come up to me and ask me Mr. ACKERMAN. Mr. Chairman, I Africa, I know how heartfelt this where the capital of Africa is. But move to strike the requisite number of amendment is. I congratulate the au- would we say the same thing about words. thor of this amendment. I agree that I yield to the gentlewoman from Asia? Would we say Asia did this and the people of Africa need help. I would Asia did that and, therefore, let us cut Texas [Ms. JACKSON-LEE]. Ms. JACKSON-LEE. Mr. Chairman, I like to support my friend from Florida off relief to this entire continent? rise to support restoring the develop- in his efforts to help deserving people My colleagues, this is Africa. This is ment fund for Africa to its current in Africa. Like everyone else, I have a a continent four times larger than the funding levels which is good for people question, however. Where is the money United States. It is a continent that and for business and for all of America. going to come from? has over 56 countries in there, and it is Mr. ACKERMAN. Mr. Chairman, I If my colleague could offer a cor- a continent which is exploding with de- rise today in strong support of the De- responding cut and make his amend- mocracies. velopment Fund for Africa. The DFA ment budget neutral, then possibly we Let me go around there. Let us start protects some of the most vulnerable could all support his amendment. But out with South Africa, the jewel of the people on earth. And efforts to slash it just to come in with a blank amend- crown. South Africa now is an emerg- by $173 million are simply unaccept- ment is not going to get the job done. ing democracy. It has $100 billion in able. It is only a wish list. GNP. You can just go around the con- As you know, Mr. Chairman, the Af- If instead the money must come from tinent. Botswana. Botswana has sur- rican continent represents one of the the taxpayers packets, then I must op- plus now in its treasury. Malawi just last untapped markets in the world. pose the amendment. I cannot agree to ended up having its elections and is a And the continent has seen tremendous add $173 million to the budget deficit. democracy. progress, with new democracies taking It is clear as a bell that there are many Zimbabwe. Mozambique is coming root throughout:—South Africa being worthwhile programs, but that is how out of a depression there. Uganda, Idi the most shining example. we got into this budget mess that cries Amin’s country, is now a democracy If the DFA is cut by $173 million, not out today for a solution. So let me reit- there and is trading with the United only will ordinary people suffer, but erate; the goals here are laudable, but States. the U.S. image as a world leader will be the ladder to the goal is missing. Tanzania. Look at the French seriously damaged: If the 167 million can be found in francophone countries, Chad, Niger, The aid program to South Africa—a other programs, if we can find the Benin, Carte de Vois, Burkina Faso, role model of evolutionary change with money in other projects, then I think Senegal, Mali, all of these countries respect for market economics—will be this would be an amendment that we want to have better relationships with undermined. Should the United States should go with. But this Congress can- the United States and are breaking cut and run after campaigning against not abide and adhere to every Mem- away from the French codes there and apartheid for so long? ber’s wish list. will be great trading partners. The AIDS epidemic will worsen—an On my way into the Capitol this Look at Ghana. Jerry Rawlings now estimated two million additional peo- afternoon I was looking again. Is there in Ghana is trying to settle the dispute ple will become infected with HIV due any money growing on the trees? And in Liberia, a great ally there and a to cutbacks in U.S.-supported pro- to everybody’s surprise, I must say I great trading partner. grams. did not find any money growing on b 1715 Programs that help prevent hunger trees. Until that happens, i.e., money by investing in sustainable farming grows on trees, we must find money Namibia down here, free elections, will be decimated. from sources in this bill. Reallocate or and a democracy. Seychelles, Mauri- And the expansion of United States find new funds. tius, Eritrea, such a new country it is exports to the African continent, which Again, the goals of this amendment not even on my map here. Eritrea is a now amount to over $4.4 billion, will be are laudable. I appreciate what the democracy which we will trade with. hindered. gentleman is trying to do. But the Next year, see Angola come around. Mr. Chairman, U.S. aid is not a give question remains, the $173 million, Angola can feed this entire continent. away; it’s an investment that brings where will it come from? Zambia, Central African Republic, the May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5547

Congo and even Kenya. Look at 1997, Ms. MCKINNEY. Mr. Chairman, will because of the wars and because of lack where Liberia, our colony in this con- the gentleman yield? I would like to of democracy over there and because of tinent and our responsibility, will know why he is cutting student loans. the problems, those minerals and those probably be a democracy, along with Mr. BURTON of Indiana. The school things that would make them self-suf- Ethiopia and Nigeria. lunch program was increased 4 percent ficient have not been mined. My friend, the gentleman from Wis- per year. We are just sending it back in Therefore, rather than just throwing consin [Mr. ROTH], at the committee block grants, we are not cutting it. We money at the problem, we as a Nation meeting said ‘‘Gee, Egypt is in Africa.’’ are cutting the rate of growth. How- need to be working with those govern- Of course it is in Africa. Egypt gets ever, that is another subject. ments to bring about the democracy about $1.5 billion. I might point out, The fact of the matter is we have to that my colleagues have talked about, though, that Egypt is not sub-Saharan control spending. That means we have so they can start taking care of them- Africa. Egypt is not black Africa, to make hard choices. I am very con- selves, so we can wean them away from which I came up with the phrase, this cerned about the people in the Sudan. the United States foreign aid program. being racist. Egypt is not in the juris- My colleague, the gentleman from Vir- We cannot take care of the entire diction of the subcommittee on Africa. ginia [Mr. WOLF], has been down here world indefinitely. We are the only su- Egypt is not under the Assistant Sec- on the floor talking about that. perpower left, we do have responsibil- retary of State for Africa. Egypt is now We have met with some of the people ities, but the amount of money we have considered the Middle East. Let us talk from the Sudan about the horrible in this budget is realistic. I think this about sub-Saharan Africa. atrocities that are taking place, and amendment, therefore, should be de- We now have the development fund the people starving to death over there. feated. Mr. FOGLIETTA. Mr. Chairman, I for Africa. The development fund for We worked very hard to get food aid in move to strike the requisite number of Africa is $600 million for 600 million there. We did the same thing in Soma- lia. However, we cannot cut the defense words. people. There is where I think it is im- Mr. Chairman, I rise in strong sup- moral. That is why I feel this bill is im- budget to take care of those problems. The fact of the matter is the defense port of this important amendment moral. which would restore funding for the If we want to get the funds for this, budget has been used in large part for a lot of the new military forays and ob- Development Fund for Africa. last night the gentleman from Indiana The African continent is in a state of jectives in Somalia and in Haiti, and [Mr. BURTON], said ‘‘We can cut the transition. This transition holds great we have used an awful lot of our mili- State Department by 5 percent and no- promise as well as peril for the people tary money in those areas. body will be harmed.’’ Why not cut the of Africa and the community of na- Defense Department by 5 percent, that The budget is so strapped in that area that we have a lot of people who tions. In South Africa, we have wit- is $12 billion 5 million, and it can un- nessed the peaceful transition to a are in the military whose quality of derwrite the entire foreign affairs bill multiracial democracy. In Rwanda, un- life is already suffering. We all know that we are stripping to pieces here told innocents have been killed in the that. In fact, some of those people have today. struggle between rival Hutus and been on food stamps, people in our own Mr. Chairman, I strongly support the Tutsis. Hastings amendment. I think these military. We have to be careful when Despite the challenges, I believe that funds should be restored, or we are we start talking about cutting the de- Africa’s future can be one of peace and going to lose Africa. We are going to fense of this Nation. economic prosperity. lose a great trading partner. We are Mr. Chairman, let me just get back However, they will need our help. going to lose 28 emerging democracies, to the case at hand. We need to set pri- The Development Fund for Africa has which we have pumped money into, and orities. Make no mistake about it, Af- proven to be a successful economic de- we are seeing results for the first time. rica is a priority. Maybe it should be a velopment tool which has enabled higher priority, but as my colleague, ANNOUNCEMENT BY THE CHAIRMAN many nations to begin the transition the gentleman from Wisconsin, said a to free market economies and stable The CHAIRMAN. Our visitors in the while ago, let us find the money some- democratic institutions. This proven gallery are admonished not to applaud place else. If we can find it someplace program has made valuable invest- during the debate. else and we can do it, then I do not ments which have greatly improved Mr. BURTON of Indiana. Mr. Chair- have any problem with doing that in health care services, expanded edu- man, I move to strike the requisite conference committee. cational opportunities and boosted number of words. The fact of the matter is that at this small business development. First of all, Mr. Chairman, I am very point, $629 million, plus $5 million for Several years ago, Mozambique was sympathetic to the remarks made by the Africa regional peacekeeping force, embroiled in a vicious civil war. Last my colleague, the gentleman from $1.1 million for the Organization of Af- year, with the help of American assist- Florida. I do not believe anybody in rican Unity, $10 million for Angola, or ance, free and fair elections were held this Chamber is racist, but I do believe $5 million, and some other funds from and ninety percent of registered voters there are problems in Africa that other areas of government, is about all went to the polls. should be addressed. We are trying our we can afford. In Guinea, American assistance and best to do that. We are sending $629 I would just like to say to my col- training programs have helped to in- million there this year, and $614 mil- leagues, we are doing what we can. crease elementary school attendence lion next year. This amendment would, This is a lean, mean foreign affairs by 43 percent. In the country of Mali, over a 2-year period, increase by $360 budget, foreign aid package, but it is agricultural production has doubled million the amount of money that is one that I think is realistic and one since 1981 with the help of American going over there. that deals with the problem. technical assistance. I notice we have a lot of young people I would like to end up by saying one These are the building blocks of a visiting with us today. Many of them other thing. I think the last speaker stable continent—a community of na- applauded. Many of us in this Chamber that spoke on the Democrat side al- tions which can help advance American are very concerned about their futures, luded to the fact that Angola in a few interests in the world and can become because we know if we do not get con- short years could take care of the an important trading partner. trol of Government spending in this whole continent. There are a number of Working in partnership with the peo- country, that at one point, some point countries in Africa that are mineral- ple of Africa we have made great in the future, we are going to have a rich. They have large resources. They progress. With a relatively small in- debt so great that the interest on the have diamond mines, all kinds of min- vestment—representing roughly 0.05 debt alone is going to gobble up a lot of erals. As a matter of fact, during the percent of our 1.5 trillion budget, we our tax dollars, and their quality of life cold war, 11 minerals that we had to can continue this work and build a will start to deteriorate. We have to have to survive as a Nation only came bright future. get control of Federal spending, so we from two sources, the Soviet Union, Mr. Chairman, I urge my colleagues have to make hard choices. and the southern part of Africa. Yet, to support the people of Africa and H 5548 CONGRESSIONAL RECORD — HOUSE May 24, 1995 American interests in this important dented gains in peace and commerce. Second, during the cold war, when part of the world by supporting this In the area of agriculture, for example, Africa was used and abused. Used by amendment. we now export about one-third of the both the Soviet Union and the United Mrs. CLAYTON. Mr. Chairman, I products we produce. Last year, farm States to fight hot wars on African move to strike the requisite number of and farm-related exports generated soil. The most symbolic were in An- words. more than $100 billion in economic ac- gola, Ethiopia, Eritrea, and Somalia, Mr. Chairman, I rise in support of the tivity for America, producing nearly 1 and you know there were others. amendment offered by my colleague, million jobs here. With respect to mer- Abused, because we ignored humani- the gentleman from Florida [Mr. HAST- chandise trade, farm production actu- tarian principles, and turned our eyes INGS] and others. I believe it is short- ally generates a trade surplus which, away from corruption and human sighted to think that we can promote this year, is expected to be some $20 rights abuses when it seemed in the in- democracy, encourage world peace and billion. In North Carolina, farm and terest of winning. expand trade opportunities in America, farm-related jobs constitute at least It now would seem fair that pref- while pursuing a policy of isolation. one-fifth of the employment and, on erential rehabilitation assistance is That is particularly true when it comes average, 25 to 30 percent of the reve- needed to right the wrongs of the past, to developing nations—nations that nue. It, therefore, greatly concerns me even though they may have been justi- may hang in the balance—when it when I see proposals to impose deep fied in winning the cold war. comes to their tilt towards democracy. cuts in foreign development for Africa We really were not very good teach- I have been encouraged, in recent programs which provide opportunity ers in preparing Africa for our grand plans of multi-party democracies and years, by the growing number of Afri- for trade. We should not blindly cut free markets economies to be operated can nations that have converted to de- programs in our march toward a bal- mocracy, and, I believe, foreign aid has free of corruption. anced budget by the year 2002. We Measures of the quality of life in Af- been a vital element in those conver- should pass a budget bill that aims at sions. rica have spiralled down in the last two a balanced budget. I support that goal. decades, at the same time going up in I also believe that foreign aid is par- We must be certain that our actions other parts of the developing world. ticularly critical to the expansion of do not further weaken the United Many, like Vice President GORE, who trade opportunities. Although, I be- States as we seek to compete in an in- read the Kaplan article in Atlantic lieve that the policies we pursue to en- creasingly competitive global market- Monthly were appalled at the condition courage the expansion of trade should place. This is not 1946, Mr. Chairman. of Africa, and determined to assist the be evaluated, an across-the-board budg- America no longer maintains the domi- et cutting is an unwise position. Unfor- continent. Unfortunately, others nant position we once held in the world doubted Africa was even salvageable. tunately, the House-passed budget res- marketplace. We are being dramati- olution and the Senate committee We are now a few years into the third cally outspent by other nations whose period, which I would call the post cold budget resolution propose the elimi- goal is to promote their products and nation or major reduction of the Inter- war period. Armed conflict continues replace us whenever they can. Perhaps, to afflict sub-Saharan Africa where national Trade Administration, the even more importantly, Mr. Chairman, Trade Development Agency, the fighting persists in Sudan, Liberia, and I believe we can best achieve security Sierra Leone, and we have our fingers Eximbank and agricultural export pro- in this Nation by interacting economi- crossed on Angola, despite the cease motion programs. The Overseas Pri- cally with other nations. Foreign aid fire agreement. The potential for re- vate Investment Corporation [OPIC] and economic interaction with other newed outbreaks in Rwanda, Burundi, would be privatized. On top of that re- nations is not a giveaway, it is a sound and Somalia is high, and other coun- structuring, the bill we are now consid- and prudent investment in our own se- tries like Zaire and Nigeria are at risk. ering, H.R. 1561, would reduce the curity. The best way to avoid war is to Human rights problems have been ac- amount of foreign aid authorized by $1 promote peace. An effective way of pro- celerated due to overpopulation and billion, and would eliminate three moting peace is to engage in commerce lack of sustainable development. How- agencies—The Agency for Inter- and finance with the World commu- ever, all is not gloom and doom. There national Development, the U.S. Infor- nity. The Hastings amendment focuses have been historic advances. In South mation Agency and the Arms Control on mineral rich and strategically im- Africa, Namibia, Botswana, Ghana, and and Disarmament Agency. The func- portant Africa—a continent where de- other countries we could name. tions of those agencies would be moved mocracy can flourish. By investing in I would also like to relate the his- to the Department of State. The Sen- Africa now, we can assure that we will toric Congressional Black Caucus ef- ate version of the bill had proposed continue and expand trade with them forts to reverse the inequalities of the moving the functions of the U.S. and in the future. And, by investing in Afri- past lead by former Congressmen Foreign Commercial Service to the De- ca now, we establish relationships that Diggs, Dymally, and Gray, not to men- partment of State and combining the will be vital if the security of the Unit- tion the contribution of RON DELLUMS Eximbank, the Trade Development ed States is threatened. Support the in sponsoring the Anti-Apartheid Act Agency and OPIC into one quasi-inde- Hastings amendment. which mobilized Americans against ra- pendent agency. Those provisions, how- Mr. PAYNE of New Jersey. Mr. cial discrimination in South Africa. ever, did not survive committee consid- Chairman, I move to strike the req- And, remember the late Mickey Le- eration last week and are not now in- uisite number of words. land, who gave his very life in pursuit cluded in the Senate bill. (Mr. PAYNE of New Jersey asked and of increasing the awareness of all Mr. Chairman, I do not think we was given permission to revise and ex- Americans to the plight of our Africa. should lose sight of the fact that, com- tend his remarks.) I do not feel aid to Africa should be pared to other, major industrialized na- Mr. PAYNE of New Jersey. Mr. considered a partisan issue. Both the tions, the United States ranks last in Chairman, I rise in support of the Hast- Republicans and Democrats have been terms of the percentage of gross na- ings amendment to restore the $802 most cooperative in preserving the tional product [GNP] devoted to ex- million level for the Development Fund Subcommittee on Africa when Con- ports. There seems, therefore, to be lit- for Africa. gress was requested to scale down the tle wonder that we have a growing bal- In order to put this subject in per- number of committees. Africa, which ance of trade deficit when Britain, spective it would be helpful to look at usually comes last, was considered im- France, Canada, Italy, Germany, and the three periods in recent Africa his- portant by both parties. Members like Japan, spend more per thousand dollars tory that have bearing on changing the former Chairman HAMILTON, Chairman of gross national product than we do. course of events for Africa. First, the GILMAN, Speaker GINGRICH, and HENRY The irony of these proposals is that independence era in the early 1960’s HYDE were most helpful. this radical change comes at a time when the continent was freed of their There are many Republicans on the when our export promotion programs colonial masters, and leaving them Senate side like NANCY KASSEBAUM, and, presumably, our foreign aid pro- without adequate resources and prepa- Chair of the Senate Africa Affairs Com- grams, are helping to produce unprece- ration for their new freedom. mittee, JAMES JEFFORDS, PAUL May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5549

COVERDELL. All have Africa’s interest Mr. HASTINGS of Florida. Further can countries were still under colonial at heart. reserving the right to object, I would rule. That is not true today. Today Just think, Africa has almost 60 still need an additional 15 minutes, Mr. nearly two-thirds of the countries in countries with a population over 600 Chairman. If we could conclude by 6:15, Sub-Saharan Africa have or are in the million. If we do not adopt the Hast- then that would be acceptable. transition to democratically elected ings Amendment this will leave us pro- Mr. GILMAN. Mr. Chairman, we will governments. viding less than $1 per person in the accept the 6:15 deadline, with the time In some of the poorest regions of Af- neediest of all continents. to be equally divided. rica, U.S. support for childhood immu- In closing I would like to quote Tony Mr. HASTINGS of Florida. Mr. Chair- nization and oral rehydration therapy Lake, the President’s national security man, I withdraw my reservation of ob- has resulted in saving 800,000 children advisor in a recent speech he made on jection. per year. We have had great successes. May 3. He said: The CHAIRMAN. Without objection, But the important point today is we If the United States cuts aid to Russia, the the gentleman from New York [Mr. can have far greater successes if we pace of economic reform will be slowed and GILMAN] will be recognized for 20 min- make a very small investment. An in- important American interests will be utes, and the gentleman from Florida vestment has two benefits: First, it harmed. If the United States cuts Aid to Af- [Mr. HASTINGS] will be recognized for 20 helps us avoid humanitarian crises rica, while our interests are less effected, minutes. which we may ultimately be called on people will die. There was no objection. to address. Second and most impor- I ask you—is an African life not The CHAIRMAN. The Chair recog- tantly, though, it opens new markets worth the investment of a few more nizes the gentleman from New York for U.S. goods. What does that mean? pennies per person to come back to the [Mr. GILMAN]. It means jobs for American workers. $802 million level for the Development Mr. GILMAN. Mr. Chairman, I think I think we have an opportunity to ad- Fund for Africa. Support the Hastings since they have more speakers on the vance our long-term interests, provide amendment and save African children. other side, I would reserve my time and assistance with infrastructure in Afri- b allow the other side to proceed. ca, and create new open markets recep- 1730 The CHAIRMAN. The Chair recog- tive to U.S. exports. We have got exam- Mr. GILMAN. Mr. Chairman, I have nizes the gentleman from Florida [Mr. ples of our export situation improving been informed that we have 5 speakers HASTINGS]. on the other side remaining and that Mr. HASTINGS of Florida. Mr. Chair- dramatically in Africa. We need to we have several on this side. man, I yield 3 minutes to the gen- take advantage of it. The money is there. It may not grow on trees but it Mr. Chairman, I ask unanimous con- tleman from Maryland [Mr. WYNN]. sent that all debate on this amendment Mr. WYNN. Mr. Chairman, I thank is certainly available in this budget. I be concluded by 6 p.m. with the time to the gentleman for yielding me the hope the House will concur and support be equally divided on both sides. time. the Hastings amendment. The CHAIRMAN. On this amendment Mr. Chairman, I rise today in strong Mr. HASTINGS of Florida. Mr. Chair- and all amendments thereto? support of the amendment of the gen- man, I yield 3 minutes to my friend, Mr. GILMAN. On this amendment tleman from Florida to restore full the gentleman from New York [Mr. and all amendments thereto, Mr. funding to the Development Fund for ENGEL]. Chairman. Africa. Mr. ENGEL. Mr. Chairman, I thank The CHAIRMAN. With 12 minutes on You have heard a lot of talk about my friend, the gentleman from Florida, each side and the time to be managed how we cannot afford it. Let me set the for yielding me the time. by the gentleman from New York [Mr. record straight. For anyone who is Mr. Chairman, last November he was GILMAN] and the gentleman from Flor- under a misconception, foreign aid my colleague, along with the gen- ida [Mr. HASTINGS]. amounts to 1 percent of the United tleman from Florida [Mr. JOHNSTON] Is there objection to the request of States budget. and the gentleman from Louisiana [Mr. the gentleman from New York? I think we can afford it, because it is JEFFERSON] on a trip to West Africa. Mr. HASTINGS of Florida. Mr. Chair- consistent with our long-term objec- We visited five countries in West Afri- man, preserving the right to object, if tives. Someone said, ‘‘Well, money ca, and it was just unbelievable. I could engage the gentleman from New doesn’t grow on trees. Where are we These countries, many of which were York [Mr. GILMAN], the chairman, in going to get the money?’’ leaning toward the Soviet bloc during dialogue further, I misunderstood the I suggest that there are a lot of Re- the 1960’s, are now looking to the gentleman. publican pork projects laying around United States for aid and help. I said it Did the gentleman say 12 minutes for from which we can get the money. I the other day. I will say it again now. each side total? suggest there are a lot of tax breaks for My colleagues, did we win the cold war Mr. GILMAN. Mr. Chairman, if the the wealthy from which we can get the to just throw it all away? gentleman will yield, the total would money. At any rate, when you are only A little bit of U.S. money goes such be concluded by 6 p.m., with the time talking about a fraction, 1 percent, of a long way, No. 1, in helping democracy remaining to be equally divided. the budget, it seems to me the money take root in these countries; No. 2, in Mr. HASTINGS of Florida. Mr. Chair- ought to be found. making these countries effective as a man, further reserving the right to ob- I would like to talk today about trading partner with the United States; ject, I most respectfully will have to some of the success stories involved in No. 3, in ensuring that these countries object because I do have a number of the Development Fund for Africa be- will continue to have friendly relations speakers that have been waiting, and I cause I think they illustrate the point. with the United States; and, No. 4, in recognize that they, too, deserve an op- Our foreign aid program ought to ad- ensuring that the United States will portunity to be heard. vance our interests. Our interests are have influence in these countries. Mr. GILMAN. How many speakers reflected in these successes. The other side talks a lot about free does the gentleman have? American exports to Ghana expanded market economies and business and Mr. HASTINGS of Florida. Probably by 73 percent between 1992 and 1993 as whatever. I can think of no better way there are 6 additional speakers. I could a result of U.S. programs that helped to spend our money than in these ask them to curtail some of their re- revise the investment code, remove emerging African nations which will marks and doubtless they will be able regulatory bottlenecks and improve in- develop free market economies which to do that. frastructures. will be good trading partners with the Mr. GILMAN. Mr. Chairman, I will be In Zimbabwe, U.S. programs to United States with just a little bit of pleased to reduce our time to 10 min- strengthen the business climate have help from us. utes and give the remainder of the time helped to formulate antitrust laws, It makes no sense for me, and that is to the gentleman as long as we con- lowered interest barriers for U.S. ex- why I have problems with this bill. clude by 6 p.m. porters, and investors. This is essentially an isolationist bill. Would the gentleman find that ac- Forty years ago we had a very dif- We are retreating from our traditional ceptable? ferent situation. Nine out of ten Afri- role in the world. I know some people H 5550 CONGRESSIONAL RECORD — HOUSE May 24, 1995 say, well, America cannot be the po- Foreign aid for Africa has never re- But we are talking about merely $802 liceman of the world. I do not think we ceived full funding. That is really not million for 56 countries, a mere $802 can, either, but we certainly can help an argument here. million for 56 countries. Gentleman, with technology. We certainly can help It is not hard to imagine reductions $629 million is simply too little. democracy take root. severely compromising the many gains I urge my colleagues to support the My colleagues, it is to our benefit, it that you have made in helping create Hastings amendment. The Develop- is to America’s benefit. Seventy-five strong economies, reduce population ment Fund for Africa must not be sin- percent of all foreign aid moneys are growth and protect the environment in gled out to carry a disproportionate spent right back in this country, stim- Africa. Deep cuts could also lead to the share of cutbacks simply to meet my ulating our economy, helping us by rapid destabilization of these early de- colleagues’ commitment to reduce the creating jobs. One percent of our budg- mocracies, possibly resulting in unten- budget. et, that is all foreign aid is, and all we able and costly human crises and con- Mr. HASTINGS of Florida. Mr. Chair- hear is cut, cut. It makes no sense flicts. man, how much time is remaining? whatsoever. This is not a situation in which the The CHAIRMAN. The gentleman I am on the Subcommittee on Africa United States would want to find itself. from Florida [Mr. HASTINGS] has 8 min- of the Committee on International Re- It is very, very important that we pro- utes remaining. lations. I want to be on that sub- tect our interests in Africa. Three of Mr. HASTINGS of Florida. Does my committee because I want to be part of them. We want to help them develop distinguished chairman have any addi- a generation of Americans that does the economies which will create ex- tional speakers? something for this continent, that ports, which we have heard before, and Mr. GILMAN. We have one more shows a partnership with the countries jobs here in the United States. We do speaker on this side, Mr. Chairman. of Africa. I can think of no more im- not want to have any more Somalias or Mr. HASTINGS of Florida. Do I have portant place whereby America can es- Rwandas which had a terrible cost in the right to close, Mr. Chairman? tablish democracy in these emerging terms of human suffering and social The CHAIRMAN. The manager of the republics. significance. bill has the right to close. The gen- tleman from New York [Mr. GILMAN] Mr. Chairman, I support the gentle- The Development Fund for Africa is has the right to close. man’s amendment to restore funding our main policy instrument in develop- Mr. HASTINGS of Florida. That for the Development Fund for Africa to ing these interests. I think we should being the case, Mr. Chairman, I yield current levels. If I had my druthers, we just be fair and be sure that the Devel- myself such time as I may consume. would do even more. I hope my col- opment Fund for Africa does not keep Mr. Chairman, to close the debate on leagues support this amendment. the deep, deep cuts which you have done to them already. our side, nowhere is the justification Mr. HASTINGS of Florida. Mr. Chair- for foreign aid clearer and more com- man, I yield 3 minutes to my colleague b 1745 pelling in terms of our national values and neighbor in service, the distin- Remember that to support the Hast- than Africa. Africa is the final frontier guished gentlewoman from Florida ings amendment; it is a good amend- for development. The great global chal- [Mrs. MEEK]. ment. lenges of tomorrow can be seen in the Mrs. MEEK of Florida. Mr. Chair- Mr. HASTINGS of Florida. Mr. Chair- challenges facing Africa today, and man, first of all, I have the greatest man, I yield 3 minutes to the distin- even if I were to turn to the tragedy of amount of respect and admiration for guished gentlewoman from Michigan disease which obviously foments within my colleague, the gentleman from [Miss COLLINS]. the confines of the rain forests in that Florida [Mr. HASTINGS] who has con- Miss COLLINS of Michigan. Mr. great country, there are also many dis- ducted himself so notably in his pur- Chairman, I thank the gentleman from coveries yet to be made in that same suit of fairness for Africa Florida for yielding me this time. rain forest for medicinal purposes for Today we keep talking about cuts Mr. Chairman, I rise in support of the the rest of the world. and reductions in the Development amendment offered by the gentleman If we give up Africa, the continent Fund for Africa. We all know that from Florida [Mr. HASTINGS]. This could well slide into chaos, we could there must be cuts. The cuts are too amendment will restore funding for the find ourselves in a world of two dis- deep, Mr. Chairman, for the develop- Development Fund for Africa. Main- tinct communities where the difference ment funds in Africa, because these taining effective aid programs for Afri- between the rich and poor become un- deep reductions could prove to be ca is in our national interests. The bearably extreme, and that is not a penny wise and pound foolish, and we amount of development assistance we world which we want for our children. will need to respond to humanitarian provide to Africa is so small, even a A lot of times my colleagues in this emergencies, and it will be more costly slight reduction in the Development body need to have for them language than our investment that we make in Fund will have a drastic consequence couched in business terms. Let me see development activities. that far outweigh any short-term sav- if I can do that briefly. In 1993 the For example, Mr. Chairman, we have ings. United States exported more to sub-Sa- spent $2 in humanitarian aid for every Cuts of funding will prevent us from haran Africa, $4.8 billion precisely, $1 in development aid in the greater providing African countries with the than to Eastern Europe, which was $2.3 Horn of Africa in recent years. The resources needed to promote edu- billion, or to the NIS, which was $4 bil- record is already there. It has already cational and economic opportunities lion, including Russia, where the Unit- been spent. We need to address some of for its people. ed States exports a total $3 billion. the root causes and not the symptoms, Africa is a potentially significant The current 1992 figures for sub-Saha- and I am hoping that you are willing to partner in world trade, thus it is in our ran international markets, excluding do that for Africa as you have some national interest to assist African na- South Africa, is $28.5 billion. If that other developing countries. tions. market were to grow at a nominal rate It is very, very important that you To the gentleman from Indiana who of 3 percent a year in constant terms, think of the image of providing lesser said that we must start getting African it would double every 21 years, reach- funds for Africa now when they were nations to wean off of aid from Amer- ing a level of $83.2 billion in the year not even even in the very beginning. ica so they can develop their own re- 2025. That market would exceed the We did not have a Development Fund sources, I would like to say that two size of Korea’s market today. for Africa until the 1980’s, and now that countries in this entire world get one- I make those points for the reason they are at the bottom of the list, it half the foreign aid; Israel gets $3 bil- that foreign aid is often thought of by would show a greater strength if this lion, and they have been getting that the American people as a giveaway. Congress were to bring them up to par for the past 9 years or 10 years; Egypt But there is something else that is so then they could take a cut that gets $2 billion. I do not want that given away with foreign aid, and that would not ostensibly take away every- money cut, I want Israel and Egypt to is stability for American companies to thing. get that money. do business. May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5551 In my district alone, there is one Therefore, reluctantly, while I sup- Rose Stark Vento company that does $20 million a year of Roybal-Allard Stokes Visclosky port the proposals of the gentleman Rush Studds Volkmer exports to the continent of Africa. from Florida [Mr. HASTINGS], I oppose Sabo Stupak Ward There are numerous countries from Af- his amendment. Sanders Tejeda Waters rica that provide immense resources We are underbudgeted because we did Sawyer Thompson Waxman Schroeder Thornton Wilson ranging from crude oil to other min- make those cuts. Under the bill, Africa Schumer Torres Wise erals for this country. I ask my col- was cut far less than all other develop- Scott Torricelli Woolsey leagues to stop looking at this con- ment assistance. This amendment, of- Serrano Towns Wyden tinent as a battleground and to start fered by the gentleman from Florida Skaggs Tucker Wynn Slaughter Velazquez Yates looking at it as marketplace as rightly [Mr. HASTINGS], while well-intended, we should. would add over a period of 2 years some NOES—278 I have asked not that there be money $360 million in foreign assistance in Allard Fields (TX) McHale taken from any account. I have asked this bill. In addition to all of the aid Archer Flanagan McHugh merely that we restore to an account that the gentleman from Indiana [Mr. Armey Foley McInnis an amount for the Development Fund Bachus Forbes McIntosh BURTON] mentioned such as peacekeep- Baesler Fowler McKeon of Africa that was already in existence ing, economic support, et cetera, we Baker (CA) Fox Meehan and is meager by comparison to the also provide funds for many U.N. pro- Baker (LA) Franks (NJ) Metcalf multiplier effect of the good that it grams, and we also provide food aid Baldacci Frelinghuysen Mica Ballenger Frisa Miller (FL) does. under title II of Public Law 480. Mr. Chairman, I yield back the bal- Barcia Funderburk Minge Our bill is within the constraints of Barr Gallegly Molinari ance of my time. our budget resolution, and will help to Barrett (NE) Ganske Montgomery Mr. GILMAN. Mr. Chairman, I yield Bartlett Gekas Moorhead such time as she may consume to the cut the deficit. But if we adopt the Barton Geren Morella Hastings amendment, it will add sub- Bass Gilchrest Myers gentlewoman from Florida [Ms. ROS- stantially to deficit spending, forcing Bateman Gillmor Myrick LEHTINEN], our ranking chairman of us to borrow even more. Bereuter Gilman Nethercutt the Subcommittee on Africa. Bevill Goodlatte Neumann Ms. ROS-LEHTINEN. Mr. Chairman, Accordingly, I am urging my col- Bilbray Goodling Ney we have heard a number of Members leagues to oppose the Hastings amend- Bilirakis Gordon Norwood ment. Bliley Goss Nussle come forward in support of this amend- Blute Graham Obey ment. Unfortunately, I must remain Mr. GILMAN. Mr. Chairman, I yield Boehlert Greenwood Orton opposed to the Hastings amendment. It back the balance of my time. Boehner Gunderson Oxley The CHAIRMAN. Under the unani- Bonilla Gutknecht Packard is a budget buster. Without making Bono Hall (TX) Parker corresponding cuts in other accounts, mous-consent agreement, all time on Boucher Hancock Paxon this amendment deviates from our plan this amendment has expired. Brewster Hastert Payne (VA) to balance our Federal budget by the The question is on the amendment Browder Hastings (WA) Peterson (MN) Brownback Hayworth Petri year 2002. offered by the gentleman from Florida Bryant (TN) Hefley Pickett Many Members have talked about the [Mr. HASTINGS]. Bunn Heineman Pombo importance of development in Africa. I The question was taken; and the Bunning Herger Porter agree. Chairman GILMAN agrees. That Burr Hilleary Portman Chairman announced that the ayes ap- Burton Hobson Poshard is why, in this bill, aid to Africa is cut peared to have it. Buyer Hoekstra Pryce less than any other region. RECORDED VOTE Callahan Hoke Quillen Those who say that the majority in Camp Holden Radanovich Mr. GILMAN. Mr. Chairman, I de- this body do not care about Africa are Canady Horn Rahall mand a recorded vote. Castle Hostettler Ramstad wrong. As my good friend Mr. PAYNE A recorded vote was ordered. Chabot Houghton Regula noted, the majority kept the Sub- Chambliss Hunter Riggs The vote was taken by electronic de- committee on Africa despite a reduc- Chapman Hutchinson Roberts vice, and there were—ayes 141, noes 278, Chenoweth Hyde Roemer tion from seven subcommittees to five. answered ‘‘present’’ 1, not voting 14, as Christensen Inglis Rogers The Development Fund for Africa, Chrysler Istook Rohrabacher the DFA, is maintained in this bill. follows: Clinger Johnson (CT) Ros-Lehtinen Mr. Chairman, the American Over- [Roll No. 354] Coble Johnson (SD) Roth Coburn Johnson, Sam Roukema seas Interests Act is an excellent bill. AYES—141 Collins (GA) Jones Royce It keeps the United States engaged Abercrombie Fattah Lowey Combest Kanjorski Salmon throughout the world, including the Ackerman Filner Maloney Condit Kaptur Sanford continent of Africa. It does so while Andrews Flake Manton Cooley Kasich Saxton Barrett (WI) Foglietta Markey Costello Kelly Scarborough complying with our plan to balance the Becerra Ford Martinez Cox Kennedy (RI) Schaefer Federal budget by the year 2002. Chair- Beilenson Frank (MA) Matsui Cramer Kim Schiff man GILMAN deserves great credit for Bentsen Franks (CT) McCarthy Crane King Seastrand Berman Frost McDermott Crapo Kingston Sensenbrenner this accomplishment. Bishop Furse McKinney Cremeans Klink Shadegg I regret very much that I cannot sup- Bonior Gejdenson Meek Cunningham Klug Shaw port this amendment, but I firmly be- Borski Gephardt Menendez Danner Knollenberg Shays lieve that this bill maintains our Unit- Brown (CA) Gibbons Mfume Davis Kolbe Shuster Brown (FL) Gonzalez Miller (CA) de la Garza LaHood Sisisky ed States commitment to Africa. Brown (OH) Green Mineta Deal Largent Skeen Mr. GILMAN. Mr. Chairman, I yield Bryant (TX) Gutierrez Mink DeFazio Latham Skelton myself such time as I may consume. Cardin Hall (OH) Moakley DeLay LaTourette Smith (MI) Mr. Chairman, I must oppose the Clay Hamilton Mollohan Diaz-Balart Laughlin Smith (NJ) Hastings amendment. Clayton Hastings (FL) Moran Dickey Lazio Smith (TX) Clement Hayes Murtha Dingell Leach Smith (WA) This amendment busts the budget, Clyburn Hefner Nadler Dooley Lewis (CA) Solomon simply adds hundreds of billions of dol- Coleman Hilliard Neal Doolittle Lewis (KY) Souder lars back into the bill. Collins (IL) Hinchey Oberstar Dornan Lightfoot Spence I support aid to Africa, and we added Collins (MI) Hoyer Olver Doyle Lincoln Spratt Coyne Jackson-Lee Ortiz Dreier Linder Stearns money for Africa above the level in the DeLauro Jacobs Owens Duncan Lipinski Stenholm introduced bill because of our concerns, Dellums Jefferson Pallone Dunn Livingston Stockman and the concerns of the gentleman. Our Deutsch Johnson, E. B. Pastor Edwards LoBiondo Stump Dicks Johnston Payne (NJ) Ehlers Longley Talent committee supported the Houghton Dixon Kennedy (MA) Pelosi Ehrlich Lucas Tanner amendment and added back even more Doggett Kennelly Pomeroy Emerson Luther Tate funding for Africa. In the end we added Durbin Kildee Rangel English Manzullo Tauzin $100 million back for aid to Africa Engel LaFalce Reed Ensign Martini Taylor (MS) Eshoo Levin Reynolds Everett Mascara Taylor (NC) above the amount introduced in the Evans Lewis (GA) Richardson Ewing McCollum Thomas bill initially. Farr Lofgren Rivers Fawell McCrery Thornberry H 5552 CONGRESSIONAL RECORD — HOUSE May 24, 1995 Thurman Walsh Wicker identified any savings from eliminating ACDA. pressed their desire to see this claim resolved Tiahrt Wamp Williams In fact, a recent Congressional Research so as to successfully conclude the Special Torkildsen Watts (OK) Wolf Traficant Weldon (FL) Young (AK) Service study has found that merging ACDA Claims Process. Upton Weldon (PA) Young (FL) into the State Department could actually cost On January 23, 1995, I expressed my grow- Vucanovich Weller Zeliff $10 million. ing frustration with the delaying tactics of the Waldholtz White Zimmer Walker Whitfield Clearly, this legislation doesn't take into ac- Saudi Embassy in fulfilling its commitment to count the importance of having a strong and the company, the Congress and our Govern- ANSWERED ‘‘PRESENT’’—1 independent arms control and non-proliferation ment. I also noted that the failure of the Saudi Fields (LA) viewpoint within the United States govern- Embassy to resolve this claim, under the man- NOT VOTING—14 ment. Instead, it appears to me that organiza- date established by its own Government, was Calvert Harman Meyers tional boxes are simply being moved in an ar- beginning to grow into a significant strain on Conyers Kleczka Peterson (FL) bitrary manner. I urge my colleagues to op- the United States-Saudi relations. Again, this Cubin Lantos Quinn pose this bill, ACDA must be protected. was a sentiment shared by numerous of my Fazio McDade Watt (NC) Hansen McNulty Mr. ANDREWS. Mr. Chairman, I rise today colleagues in the Congress, who wrote and to support a provision in the American Over- communicated with the Department of State, b 1819 seas Interests Act, which modifies section and the Saudi Embassy in January of this Mr. EHLERS changed his vote from 36(b)(1) of the Arms Export and Control Act to year. In these communications, it was made ‘‘aye’’ to ‘‘no.’’ require greater congressional oversight and clear that the delaying tactics of the Saudi Ms. EDDIE BERNICE JOHNSON of scrutiny of arms sales to the Government of Embassy would no longer be tolerated, and Texas changed her vote from ‘‘no’’ to the Kingdom of Saudi Arabia until such time unless serious discussions were held between ‘‘aye.’’ as the Secretary of State certifies and reports the company and the Kingdom leading to the So the amendment was rejected. to Congress that the unpaid claims of Amer- full and prompt resolution of the claim, legisla- The result of the vote was announced ican companies described in the June 30, tive alternatives would be considered to bring as above recorded. 1993 report by the Secretary of Defense pur- this matter to a close. Mr. SABO. Mr. Chairman, I rise to express suant to section 9140(c) of the Department of Despite several attempts to resolve the my strong opposition to H.R. 1561, the Amer- Defense Appropriation Act, 1993 (Public Law claim successfully, the Government of the ican Overseas Interest Act, and the proposal 102±396; 106 Stat 1939), including the addi- Kingdom of Saudi Arabia has shown no signs to eliminate the Arms Control and Disar- tional claims noticed by the Department of of cooperation. Therefore, I introduced H.R. mament Agency (ACDA). This agency per- Commerce as page 2 of the report, have been 1243, which would focus its attention on re- forms a unique advocacy role in formulating resolved satisfactorily. solving all the unresolved claims with the our nation's foreign policy. Under this legisla- The $43.4 million claim of Gibbs & Hill, Inc. Kingdom of Saudi Arabia. Under the leader- tion, ACDA's strong and knowledgeable voice is one of the claims as yet unresolved. Gibbs ship of Congressman CHRIS SMITH, this bill on arms control and non-proliferation issues & Hill was decimated by financial losses in- was made part of the American Overseas In- will be muted by a new State Department curred in the design of the desalination and terest Act. I hope in the long run we will focus ``super-bureaucracy.'' related facilities for the Yanbu Industrial City in on other remedies in our bilateral relationship The State Department performs the nec- Saudi Arabia in the late 1970's and early with the Kingdom of Saudi Arabia to ensure essarily broad mission of advancing and pro- 1980's as a result of the Kingdom's failure to the prevention of unfair treatment of any other tecting the global interests of the United honor its contractual obligations and pay for United States company doing business with States and its citizens. To accomplish its re- additional work required of the company. the Kingdom of Saudi Arabia. sponsibilities, the State Department must con- My involvement in this matter dates back al- Mr. GILMAN. Mr. Chairman, I move sider many different issues as it formulates most 2 years. The company, which is a large that the Committee do now rise. our Nation's foreign policy. On the other hand, employer in my district, approached me for as- The motion was agreed to. ACDA's mission if sharply focused on sistance in having its claim paid through the Accordingly, the Committee rose; strengthening our national security by advocat- Special Claims Process established for the and the Speaker pro tempore (Mr. FOX ing, formulating, negotiating, implementing, resolution of claims of American companies of Pennsylvania) having assumed the and verifying sound arms control, nonprolifera- which had not received fair treatment in their chair, Mr. GOODLATTE, Chairman of the tion, and disarmament policies and agree- commercial dealing with the Government of Committee of the Whole House on the ments. As a result, ACDA is staffed with the Kingdom of Saudi Arabia. This Special State of the Union, reported that that physicists, chemists, engineers, and other Claims Process was established between our Committee, having had under consider- specialists who spend their entire careers Government and the Government of the King- ation the bill (H.R. 1561) to consolidate dealing with one issueÐarms control. To fold dom of Saudi Arabia, following congressional the foreign affairs agencies of the Unit- ACDA into the State Department would be a hearings on the unfair commercial practices of ed States; to authorize appropriations serious mistake. This nation needs ACDA to the Kingdom of Saudi Arabia first held in the for the Department of State and relat- maintain a strong, independent voice for arms House Subcommittee on Europe and the Mid- ed agencies for fiscal years 1996 and control. dle East in May 1992. In response to my letter 1997; to responsibly reduce the author- Even if the State Department could match to Saudi Ambassador Bandar bin Sultan izations of appropriations for United ACDA's arms control expertise, the goals of Abdulaziz of April 29, 1993, the Ambassador States foreign assistance programs for arms control and non-proliferation are some- promised to spare ``no efforts in resolving this fiscal years 1996 and 1997, and for other times at odds with the broader objectives of claim in an expeditious and fair manner.'' purposes, had come to no resolution the State Department. In fact, if this bill had Since this date, the company, the Congress thereon. been enacted thirty years ago, we would not and the past and present administrations have f have a nuclear Non-Proliferation Treaty [NPT]. received a series of promises and commit- In the 1960's, it was ACDA that pressed for ments from the Government of the Kingdom of LEGISLATIVE PROGRAM the NPT. The State Department had opposed Saudi Arabia to resolve the claim favorably for (Mr. GEPHARDT asked and was the original negotiations out of deference to Gibbs & Hill. The most recent commitment given permission to address the House friendly countries that wanted to explore the coming on October 6, 1994, one day prior to for 1 minute.) nuclear option. our country once again coming to the defense Mr. GEPHARDT. Mr. Speaker, I ask I have listened to the arguments that, be- of the Kingdom when threatened by invasion for this 1-minute for the purpose of in- cause the cold war is over, an independent from Iraq, in fulfillment of our commitment to quiring of the distinguished chairman voice for arms control is no longer needed. our bilateral relationship. of the Committee on Rules about the One only needs to look at the nuclear ambi- I should note that I am not alone in my sup- schedule for the rest of today and to- tions of North Korea and Iran or the recent port of the full and prompt resolution of the morrow. gas attacks in Japan to understand the contin- Gibbs & Hill claim. More than 3 dozen Sen- Mr. SOLOMON. Mr. Speaker, will the ued importance of battling the proliferation of ators and Members of Congress, the Presi- gentleman yield? nuclear, chemical, and other weapons of mass dent, the National Security Council, the Sen- Mr. GEPHARDT. I yield to the gen- destruction. Some have also claimed that the ate Foreign Relations Committee, and Senate tleman from New York. reorganization proposed in this bill will save Armed Services Committee, the Department of Mr. SOLOMON. Mr. Speaker, I thank the taxpayers money. However, no study has Defense, State and Commerce have all ex- the gentleman for yielding, and let me