CONGRESSIONAL RECORD—SENATE July 16, 1997

S7544 CONGRESSIONAL RECORD — SENATE July 16, 1997 Provided, That such terms and conditions are my understanding that it is not pos- The amendment (No. 894), as modi- mutually agreed to by the Secretary and the sible to get a time agreement on that fied, was agreed to. landowner. amendment at this time. Mr. MURKOWSKI. Mr. President, I This Act may be cited as the ‘‘Energy and So, Mr. President, seeing my col- move to reconsider the vote by which Water Development Appropriations Act, league from Alaska on his feet, I yield 1998’’. the amendment was agreed to. the floor. Mr. MCCONNELL. I move to lay that f Mr. MURKOWSKI addressed the motion on the table. FOREIGN OPERATIONS, EXPORT Chair. The motion to lay on the table was FINANCING, AND RELATED PRO- The PRESIDING OFFICER. The Sen- agreed to. GRAMS APPROPRIATIONS ACT, ator from Alaska. Several Senators addressed the 1998 Mr. MURKOWSKI. I thank the chair- Chair. man. The Senate continued with the con- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 894, AS MODIFIED sideration of the bill. ator from Kentucky. (Purpose: To provide an additional condition Mr. MCCONNELL. The Senator from AMENDMENT NO. 888 on the availability of $14 million in debt Kansas has been here patiently on the The PRESIDING OFFICER. The relief for North Korea) floor for some time and ready to offer question is on agreeing to the amend- Mr. MURKOWSKI. Mr. President, I two amendments which have been ment of the Senator from Oregon. call up amendment No. 894, and I send cleared on both sides. The amendment (No. 888), as amend- a modification of the amendment to Therefore, I yield the floor. ed, was agreed to. the desk. The PRESIDING OFFICER. The Sen- Mr. McCONNELL. Mr. President, I The PRESIDING OFFICER. The ator from Kansas. move to reconsider the vote by which clerk will report. Mr. BROWNBACK. I thank the chair- The legislative clerk read as follows: the amendment was agreed to. man very much. Mr. LEAHY. I move to lay that mo- The Senator from Alaska [Mr. MURKOW- AMENDMENT NO. 892 tion on the table. SKI], for himself, Mr. MCCAIN, and Mr. NICK- Mr. BROWNBACK. Mr. President, I The motion to lay on the table was LES, proposes an amendment numbered 894, as modified. call up my amendment numbered 892. agreed to. Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The PRIVILEGE OF THE FLOOR ask unanimous consent that reading of amendment is now pending. Mr. McCONNELL. Mr. President, I the amendment be dispensed with. Mr. BROWNBACK. Mr. President, I ask unanimous consent that William The PRESIDING OFFICER. Without rise today to introduce an amendment D. Jackson, a congressional fellow on objection, it is so ordered. to S. 955. Senator JEFFORDS’ staff, be granted The amendment is as follows: This amendment deals with the Unit- privileges of the floor for the pendency On page 33, line 9, strike the period and in- ed States policy for the south Caucasus of this legislation. sert in lieu thereof the following: ‘‘Provided and Central Asia, an area of the world The PRESIDING OFFICER. Without further, That the additional $14,000,000 made that was once crisscrossed by the an- objection, it is so ordered. available to KEDO under this heading may not be obligated or expended until the Sec- cient Silk Road, which includes the Mr. McCONNELL. Mr. President, retary of State certifies and reports to Con- countries—I have a map here for Sen- Senator MURKOWSKI is here for the pur- gress that North Korea has not violated the ators to be able to look at—of Arme- pose of modifying his own amendment. Military Armistice Agreement of 1953 during nia, Azerbaijan, Georgia, Kazakstan, We are going to go to Senator the preceding nine months.’’. Kyrgystan, Tajikistan, Turkmenistan, BROWNBACK, who has two amendments The PRESIDING OFFICER. The Sen- and Uzbekistan. This amendment deals to offer which have been cleared on ator’s amendment is so modified. with these countries. both sides; then to Senator ALLARD, Mr. MURKOWSKI. Mr. President, I These countries are very vital and who has an amendment on which I un- ask that my colleagues, Senator important countries at a crossroads in derstand it is possible to get a 30- MCCAIN and Senator NICKLES, be named their development. They are, as I men- minute time agreement equally di- as cosponsors. tioned, along the ancient Silk Road, if vided. The PRESIDING OFFICER. Without people can imagine and conjure up So, Mr. President, I ask unanimous objection, it is so ordered. those images of that area of the world consent that the Allard amendment, Mr. MURKOWSKI. Mr. President, it and the importance it has had in the when it is offered, be limited to 30 min- is my understanding that the amend- past and the importance it now has and utes of debate equally divided. ment has been agreed to on both sides. will continue to have for U.S. policy. Mr. ALLARD. Mr. President, reserv- It provides that the additional $14 mil- We have vital political, social and eco- ing the right to object, I think there lion appropriated to relieve the KEDO nomic interests there, and they need to was a mistake in the remarks. There debt not be available until the Sec- be acted on before it is too late. was going to be 15 minutes on each retary of State certificates that North They are independent for the first side, and the request was for 15 min- Korea has not violated the military ar- time in almost a century. They are lo- utes equally divided. I wanted to clar- mistice agreement of 1953 during the cated at the juncture of many of to- ify. preceding 9 months. day’s major world forces, and they are Mr. LEAHY. Mr. President, reserving Basically, the amendment puts North all rich in natural resources. And they the right to object, why don’t we with- Korea on notice that additional funds are looking west for the first time. hold the request on the Allard amend- will not be available if North Korea They are emerging after nearly a cen- commits another violation like the in- ment until I see what it is. But I don’t tury of being plundered by a Com- cident this morning at the DMZ. know whether that is going to be munist regime. While actively taking I urge adoption of the amendment. enough time. Mr. MCCONNELL. Mr. President, it is out their resources, the Soviets put lit- Mr. McCONNELL. I am sorry. I my understanding that this amend- tle back. These countries now find apologize to my colleague from Ver- ment is not objected to by either side. themselves free to govern themselves. mont. I thought he knew the substance I am unaware of any additional speak- Again, as I stated earlier, they are of the Allard amendment. So I will ers. looking west. The very fact that they withhold on asking for a time agree- The PRESIDING OFFICER. The yeas have had little experience with inde- ment on the Allard amendment for the and nays have previously been ordered. pendence, and that their economies are moment. Mr. MURKOWSKI. I ask unanimous essentially starting from scratch, Then Senator HUTCHISON is here to consent to vitiate the order for the leaves them in a precarious situation, offer an amendment with regard to yeas and nays. which is all the more precarious be- MFN and China. Then Senator DODD The PRESIDING OFFICER. Without cause of their geographic location. and Senator MCCAIN wish to offer an objection, it is so ordered. Consider this: They are placed be- amendment related to the drug certifi- Is there further debate? If not, the tween the empire from which they re- cation process for Mexico, which will question is on agreeing to the amend- cently declared independence and an be a rather spirited discussion, and it is ment of the Senator from Alaska. extremist Islamic regime to the July 16, 1997 CONGRESSIONAL RECORD — SENATE S7545 south—both of which have a strong in- I urge my colleagues to adopt this gathering intelligence information regarding terest in exerting economic and politi- amendment. human rights abuses and acts of religious cal pressure upon them. I believe it has been worked out with persecution. both the majority and the minority (b) REPORT.—Not later than March 30, 1998, All of the Silk Road countries are the President shall submit to the Permanent currently seeking U.S. investment and staff to agree to this amendment. I ask Select Committee on Intelligence of the encouragement, and are looking to us that the amendment be agreed to. House of Representatives and the Select to participate actively in working out Mr. President, I urge its adoption. Committee on Intelligence of the Senate a regional political, economic and strate- The PRESIDING OFFICER. Is there report on the number of personnel and re- gic cooperation. further debate on the amendment? If sources that are being devoted to gathering Mr. President, we should be actively not, the question is on agreeing to the intelligence information regarding human responding to their appeals. We have amendment. rights abuses and acts of religious persecution. now the opportunity to spread freedom The amendment (No. 892) was agreed and democratic ideals in a region his- to. Mr. BROWNBACK. Mr. President, I torically dominated by Russia and Mr. MCCONNELL. Mr. President, I rise today to offer an amendment to Iran. The doors are open to promote in- move to reconsider the vote. this bill that would require the Clinton Mr. BROWNBACK. I move to lay that stitutions of democratic government administration to improve the manner motion on the table. and create the conditions for the in which the State Department and our The motion to lay on the table was intelligence agencies monitor and pub- growth of pluralistic societies and reli- agreed to. gious tolerance. These countries are a licize cases of religious persecution and AMENDMENT NO. 884, AS MODIFIED human rights abuses. major force in containing the spread Mr. BROWNBACK. Mr. President, I Persecution of people of faith has northward of anti-Western Islamic ex- would like to call up amendment 884 been on the rise around the world. Gov- tremism. So far, these nations remain and send a modification to the desk. ernments throughout the world have largely open to us. The PRESIDING OFFICER. The been denying people the fundamental I would also like to point out some- clerk will report. right of freedom of religion, a fun- thing else that is important about this The bill clerk read as follows: damental right upon which this coun- region: that is the Caspian Sea overlap- The Senator from Kansas [Mr. BROWNBACK] try was built. ping the territory of the South proposes an amendment numbered 884, as As a matter of policy, the United Caucasus and Central Asia that is rich modified. States should be doing all it can to in natural resources as I mentioned Mr. BROWNBACK. Mr. President, I bring religious persecution and other earlier. ask unanimous consent that reading of human rights violations to an end. One I have another chart here I would the amendment be dispensed with. problem we face, however, is that we do like to show you to illustrate the en- The PRESIDING OFFICER. Without not have an accurate accounting of the ergy resources which exist in the Cas- objection, it is so ordered. extent to which many governments pian Sea area right here. If people The amendment is as follows: persecute people of faith. We do not At the appropriate place, insert the follow- would look at this chart, this is know the number of prisoners nor do ‘‘Worldwide Undiscovered Resource Po- ing: SEC. . PROMOTION OF RELIGIOUS FREEDOM we even have all the names of those tential of Oil and Gas’’. You have the prisoners. What we need is an accurate Middle East and Russia, the two lead- AND HUMAN RIGHTS. (a) REPORTS.—Not later than March 30, accounting of religious persecution. We ers, and then the Caspian Sea area is 1998, and each subsequent year thereafter, need the administration to devote potentially the third largest in the the Secretary of State shall submit to the greater resources to monitoring reli- world, some say up to $4 trillion worth International Relations Committee of the gious persecution and to informing the House of Representatives and the Foreign of oil and gas in this region, creating Congress, as well as the American peo- significant interest for economic ties Relations Committee of the Senate an annual report on religious persecution on a ple, about such instances. and investments as well. The United We also need to encourage a formal States should do everything possible to country-by-country basis. Reports shall include a list of individuals who have been ma- dialog with countries throughout the promote the sovereignty and independ- terially involved in the commission of acts world to bring religious persecution to ence as well as encourage solid diplo- of persecution that are motivated by a per- an end. Specifically, my amendment matic and economic cooperation be- son’s religion. would do the following: Require a reli- tween these nations. (b) PRISONER INFORMATION REGISTRY.—The gious persecution report modeled on Secretary of State shall establish a Prisoner In order to do that, we need to take the State Department human rights re- a number of positive steps. No. 1, we Information Registry which shall provide information on all political prisoners, pris- port; require the establishment of a should be strong and active in helping prison information registry; require resolve local conflicts. No. 2, we should oners of conscience, and prisoners of faith on a country-by-country basis. Such informa- the President to devote greater intel- be providing economic assistance to tion shall include the charges, judicial proc- ligence resources to gathering informa- provide positive incentives for inter- esses, administrative actions, use of forced tion regarding human rights abuses national private investment and in- labor, incidences of torture, length of impris- and acts of religious persecution; and creased trade. No. 3, we should be as- onment, physical and health conditions, and encourage the administration to work other matters related to the incarceration of sisting in the development of the infra- with other nations to establish a Com- structure necessary for communica- such prisoners. The Secretary of State is authorized to make funds available to non- mission on Security and Cooperation in tion, transportation, energy and trade Asia which would be modeled after the on an East-West access. No. 4, we governmental organizations presently engage in monitoring activities regarding such Commission on Security and Coopera- should be providing assistance to help prisoners to assist in the creation and main- tion in Europe. fight the scourge of narcotics traffick- tenance of the registry. Mr. President, the U.S. Government ing, weapons of mass destruction, orga- (c) SENSE OF CONGRESS CONCERNING ESTAB- has a responsibility to provide the pub- nized crime and No. 5, perhaps the LISHMENT OF A COMMISSION ON SECURITY AND lic a better understanding of the extent most important of all, we should be COOPERATION IN ASIA.—It is the sense of the Congress that Congress, the President, and to which nations violate this basic supplying all the assistance possible to right of their citizens. My amendment strengthen democracy and tolerance the Secretary of State should work with the governments of the People’s Republic of would move us in this direction. I ask and the development of civil society. China and other countries to establish a that my amendment be adopted. These are the best ways to remain Commission on Security and Cooperation in The PRESIDING OFFICER. Is there sure that these countries will grow in Asia which would be modeled after the Com- further debate? If not, the question is independence and move strongly to- mission on Security and Cooperation in Eu- on agreeing to the amendment. ward open and free government. Our rope. The amendment (No. 884), as modi- time to focus on this region is now, to SEC. . UNITED STATES INTELLIGENCE ACTIVI- fied, was agreed to. TIES RELATED TO MONITORING keep them from spreading into an area Mr. MCCONNELL. Mr. President, I HUMAN RIGHTS ABUSES AND RELI- or being infiltrated by the spread of the GIOUS PERSECUTION. move to reconsider the vote. anti-Western fundamentalism that is (a) IN GENERAL.—The President shall de- Mr. BROWNBACK. I move to lay that in this region of the world. That is why vote additional personnel and resources to motion on the table. S7546 CONGRESSIONAL RECORD — SENATE July 16, 1997 The motion to lay on the table was chairman and ranking member for volving the consumptive use of wild- agreed to. working on a good amendment that we life. My amendment requires USAID to Mr. BROWNBACK. I yield the floor. can all agree on. I am particularly submit a report to Congress providing Mr. LEAHY addressed the Chair. grateful to Senators LEAHY and alternatives to trophy hunting, and the The PRESIDING OFFICER. The Sen- MCCONNELL for their assistance and co- impact of the program on the people ator from Vermont. operation on this amendment. and wildlife of CAMPFIRE districts. Mr. LEAHY. Mr. President, I see the Briefly, our amendment would main- People in Zimbabwe are living under distinguished Senator from California tain the positive aspects of the CAMP- very different conditions than we in is in the Chamber. I understand she has FIRE Program while restricting U.S. the United States. We must recognize an amendment that may not take a taxpayer funds being used for activities these differences in our approach to de- good deal of time, and I yield the floor. which are inconsistent with the goals velopment while maintaining our high Mrs. BOXER. I thank the Senator. of sustainable development for people values and ideals. The CAMPFIRE Pro- The PRESIDING OFFICER. The Sen- and management of natural resources. gram in Zimbabwe will end in 1999, but ator from California. My amendment would assure that no USAID-funded development programs AMENDMENT NO. 897 taxpayer money is used to finance the will continue for years to come. I am Mrs. BOXER. I will be very brief. The trophy hunting of elephants and other hopeful that the report which USAID work has been done on this amend- endangered species or no taxpayer will submit to Congress, will provide ment. I send an amendment to the desk money could be used for any lobbying the United States with ideas for in- and ask for its immediate consider- activities to weaken elephant protec- come diversification for future programs so that we can move away from ation. tion standards. So we really basically the consumptive use of wildlife as a The PRESIDING OFFICER. The do two things: Taxpayer dollars from management regime. clerk will report. America cannot be used to foster tro- USAID has proposed several improve- The bill clerk read as follows: phy hunting in Zimbabwe and taxpayer money cannot be used to lobby Sen- ments to the CAMPFIRE Program in The Senator from California [Mrs. BOXER], ators or House Members or administra- recent months. These improvements for herself, Mr. ALLARD, Mr. SMITH of New are the result of the concerns raised by Hampshire, Mr. LEAHY, and Mr. TORRICELLI, tion people to weaken elephant protec- proposes an amendment numbered 897. tion standards such as the ban on many concerned citizens and organiza- ivory. tions such as the Humane Society of Mrs. BOXER. Mr. President, I ask the United States. I commend the Hu- unanimous consent that reading of the Mr. President, these magnificent ani- mals should be protected, not ex- mane Society for their efforts to make amendment be dispensed with. the United States more responsible for The PRESIDING OFFICER. Without ploited. Our amendment requires USAID to submit a report to Congress the use of taxpayer dollars. I also ap- objection, it is so ordered. plaud USAID for taking steps to ad- The amendment is as follows: on alternatives to trophy hunting and the impact of the CAMPFIRE Program dress these concerns. I believe that this At the appropriate place, insert: on people and wildlife of Zimbabwe. I process has been beneficial for all of WILDLIFE CONSERVATION think these are very important steps in those involved—especially the people SEC. . Of the funds appropriated by this addressing the criticism about the way and wildlife of Zimbabwe. Act, not more than $2,900,000 may be made I want to thank Senators LEAHY, the program works. Some of us would available for the Communal Areas Manage- SMITH, ALLARD, and TORRICELLI for have liked to have gone further than ment Programme for Indigenous Resources helping to make this a bipartisan effort this, but we think that this amend- (CAMPFIRE) in Zimbabwe: Provided, That toward improving development aid, ment, the way it is drawn, will receive none of the funds appropriated by this Act maximizing benefits to local people, may be used to directly finance the trophy unanimous support, and we think is an promoting a healthy elephant popu- hunting of elephants or other endangered important step to be taken. lation, and ensuring that U.S. taxpayer species as defined in the Convention on The CAMPFIRE Program is bene- International Trade in Endangered Species money is used wisely. ficial to many rural impoverished peo- Mr. ALLARD. Mr. President, I would of Flora and Fauna (CITES) or the Endan- ple in Zimbabwe. It helps to provide gered Species Act: Provided further, That like to begin by congratulating Chair- the skills and tools necessary to enable the funds appropriated by this Act that are man MCCONNELL and Senator LEAHY provided under the CAMPFIRE program may local communities to make local deci- for their hard work in crafting this leg- not be used for activities with the express in- sions about how to manage their natu- islation and working to include lan- tent to lobby or otherwise influence inter- ral resources and generate revenue. guage on the CAMPFIRE Program in national conventions or treaties, or United However, there are certain aspects of the bill. States government decision makers: Pro- the program which do not promote sus- Mr. President, as I have made very vided further, That funds appropriated by tainable development for rural people this Act that are made available for the clear in the past, I am a strong sup- or improve natural resource manage- porter of fiscal responsibility on the CAMPFIRE program may be used only in ment. My amendment restricts United Zimbabwe for the purpose of maximizing part of the Federal Government. It is benefits to rural people while strengthening States taxpayer dollars from being our responsibility to use taxpayer’s natural resources management institutions: spent on those needless activities and dollars in the most effective, and effi- Provided further, That not later than March directs all funds to be used to maxi- cient way possible. This responsibility 1, 1998, the Administrator of the Agency for mize benefits to rural people while at times mandates that we review and International Development shall submit a strengthening natural resources man- question just where our tax dollars are report to the appropriate congressional com- agement institutions in Zimbabwe. going. mittees describing the steps taken to imple- I am aware that there have been When USAID’s Communal Areas ment the CAMPFIRE program, the impact of many concerns raised about the trophy the program on the people and wildlife of Management Programme for Indige- CAMPFIRE districts, alternatives to trophy hunting aspects of the program. I do nous Resources or CAMPFIRE Pro- hunting as a means of generating income for not support trophy hunting and I do gram was first brought to my atten- CAMPFIRE districts, and a description of not believe that one penny of taxpayer tion, I had to ask myself, just why are how funds made available for CAMPFIRE in money should be used to finance tro- United States taxpayer’s dollars being fiscal year 1998 are to be used. phy hunting. My amendment will en- spent to fund big game hunting of ele- Mrs. BOXER. The amendment that I sure that no U.S. taxpayer dollars are phants in Zimbabwe? If a program have sent to the desk is a bipartisan directly spent on trophy hunting ac- could spend dollars to hunt elephants amendment cosponsored by Senators tivities. how else are they spending our money? ALLARD, SMITH, LEAHY, and However, I do recognize that trophy Asking myself these questions was not TORRICELLI, and it concerns the CAMP- hunting will continue in Zimbabwe. I enough, so I began a comprehensive re- FIRE Program in Zimbabwe. I particu- believe that we need to provide coun- view of the CAMPFIRE Program. larly want to pay tribute to my col- tries like Zimbabwe with viable alter- Mr. President, I am pleased to an- leagues, Senators ALLARD and SMITH, natives to trophy hunting which con- nounce, that as a result of congres- for being so strong on this subject. I tinue to generate income and promote sional review a little more fiscal re- thank my staff and the staffs of the sustainable development without in- sponsibility has been restored to the July 16, 1997 CONGRESSIONAL RECORD — SENATE S7547

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

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

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

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