S5738 CONGRESSIONAL RECORD — SENATE June 17, 1997 Mr. SESSIONS. Thank you, Mr. What message does it send to young FOREIGN AFFAIRS REFORM AND President. people concerning the relationship be- RESTRUCTURING ACT OF 1997 I thank the Senators from Utah and tween their behavior, their personal re- The Senate continued with the con- Maryland for their hospitality. sponsibility, and the norms of our soci- sideration of the bill. f ety? The PRESIDING OFFICER. The Sen- The elimination of President Rea- S. 891 ‘‘THE FAMILY IMPACT ator from Maryland is recognized. gan’s Executive order is just the latest STATEMENT ACT OF 1997’’ AMENDMENT NO. 393 in a series of decisions that indicates Mr. SESSIONS. Mr. President, last the Clinton administration’s very dif- (Purpose: To strike section 2101(g), limiting Thursday, June 12, I along with Sen- funding for U.S. memberships in inter- ferent approach to family issues. From national organizations and requiring with- ators DEWINE, FAIRCLOTH, HUTCHINSON, the outset of President Clinton’s first drawal from organizations which exceed COATS, COVERDELL, and ASHCROFT co- term, it became clear that his adminis- that limitation) sponsored S. 891, Senator SPENCER tration intended to pursue policies Mr. SARBANES. I send an amend- ABRAHAM’s Family Impact Statement sharply at odds with traditional Amer- ment to the desk. Act of 1997. I rise today in strong sup- ican moral principles. White House ac- The PRESIDING OFFICER. The port of this important piece of legisla- tions have ranged from the incorpora- clerk will report. tion and to voice my complete dis- tion of homosexuals into the military The legislative clerk read as follows: agreement with the recent anti-family to the protection of partial birth abor- The Senator from Maryland [Mr. SAR- action taken by President Clinton. tion procedures. BANES] proposes an amendment numbered In 1987, President Ronald Reagan, re- Mr. President, many have suggested 393. alizing the importance of the America it is community villages, in other The amendment is as follows: family and the need to be constantly words Government, that raise children. aware of the negative impact that Fed- On page 160, strike line 18 and all that fol- But the real truth is, families raise lows through line 7 on page 162. eral laws and regulations can have on children. Families are the ones who are Mr. SARBANES. Mr. President, this the family, signed Executive Order there night and day to love, to care for, amendment, referring to pages 160 to 12606. The purpose of this order was to and to nurture children. ensure that the rights of the family are Many bureaucratic regulations 162 of the bill, takes out subsection (g), considered in the construction and car- produce little benefit, but can have un- which is a subsection that puts forward rying out of policies by executive de- intended consequences. The examples the possibility that the United States partments and agencies. are too numerous to mention. What might withdraw from the United Na- Mr. President, even though we are our legislation will do is require the tions. I am very frank to tell you that faced with the staggering increase in regulators to stop and take a moment I don’t think the prospect of that even- out-of-wedlock births, rising rates of to think through their regulations to tuality ought to be raised in this legis- divorce, and increases in the number of make sure that, the most fundamental lation. child abuse cases, apparently President institution in civilization—the family, This legislation, in effect, says that Clinton does not believe that consid- is not damaged by their actions. This is if the amount of funds made available ering the impact of Government regu- a reasonable and wise policy. for U.S. membership exceed a certain lations on families is good policy. Mr. President, I find it very odd that figure, then withdrawal is required. Of Much to my dismay, on April 21, 1997, of all the Executive Orders that exist, course, we determine the amount of President Clinton signed Executive President Clinton would reach down funds that are made available. In any Order 13045, thus stripping the Amer- and lift this one up for elimination. event, even if the figure is exceeded, I ican family any existing protection This body should speak out forcefully don’t think a withdrawal sanction from harm in the formulation and ap- on this subject and I am confident we ought to be incorporated in this legis- plication of Federal policies. will. The families of America deserve lation. If you stop and think about it, President Reagan’s Executive order no less. that is quite a sweeping proposition. placed special emphasis on the rela- S. 819, The Family Impact Statement Let me quote from paragraph (2) of tionship between the family and the Act of 1997, is a sound and reasonable that subsection: Federal Government. President Reagan piece of legislation which will restore a Notwithstanding any other provision of directed every Federal agency to assess valuable pro-family policy that has law, the United States shall withdraw from all regulatory and statutory provisions been established for ten years. an international organization.... ‘‘that may have significant potential I urge all my colleagues to stand It then goes on to set out the proce- negative impact on the family well- united, Republicans and Democrats, to dures for doing so, and the deadline for being.’’ Before implementing any Fed- show that the preservation of the fam- doing so. Let me read for a second. eral policy, agency directors had to ily is not a partisan issue. Our voices Unless otherwise provided for in the in- make certain that the programs they united will send a loud and clear mes- strument concerned, a withdrawal under this managed and the regulations they sage to the President and to this na- subsection shall be completed within one issued met certain family-friendly cri- tion that we consider family protection year in which the withdrawal is required. teria. Specifically, they had to ask: to be one of America’s most important Then it requires the President to sub- Does this action strengthen or erode issues and that we will not accept deci- mit a report on the withdrawal. the authority and rights of parents in sions which mark a retreat from our I hope that the managers of the bill, educating, nurturing, and supervising steadfast commitment to our Nation’s upon reflection, will agree with me their children ? families. that we ought not to be including in Does it strengthen or erode the sta- Mr. President, I strongly believe that the legislation any provisions that bility of the family, particularly the American families must be considered carry with them the implication of marital commitment? when the Federal Government develops withdrawal from the United Nations. Does it help the family perform its and implements policies and regula- The United Nations is too important function, or does it substitute Govern- tions that affect families. Therefore, I an organization, and our participation ment activity for that function ? am honored to be an original cosponsor in it is too critical a matter to include Does it increase or decrease family S. 891 the Family Impact Statement in this legislation a provision of this earnings, and do the proposed benefits Act of 1997 which will reinstate the sort. The provision on which I am fo- justify the impact on the family budg- pro-family executive order of President cusing runs from pages 160 to 162, pro- et? Reagan. viding for the withdrawal of the United Can the activity be carried out by a I would like to thank my colleagues, States from the United Nations. lower level of government or by the Senators ABRAHAM, DEWINE, FAIR- My amendment is focused on a lim- family itself? CLOTH, HUTCHINSON, COATS, COVERDELL, ited part of this bill. I have a lot of dif- What message, intended or otherwise, and ASHCROFT for their dedicated work ferences with other parts of this bill, as does this program send concerning the and help on this issue. Members well know. I supported the ef- status of the family? Mr. President, I yield the floor. fort earlier in the day to take out the

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5739 conditionality of the payment of our The amendment is as follows: resources, telecommunications, and air arrearages, which did not prove suc- At the end of section 1301(a) of the bill, in- travel are fast becoming the world’s cessful. But I am very frank to tell you sert the following new paragraph: largest. that I find it a matter of very deep con- (6) ‘‘Center for Cultural and Technical Future economic growth and job cre- cern—even of dismay—that this legis- Interchange between East and West’’, ation in the United States is closely lation should even include within it the $18,000,000 for the fiscal year 1998 and linked to our ability to identify and se- $15,000,000 for the fiscal year 1999. possibility for the consideration of the cure opportunities in the world’s fast- withdrawal of the United States from Mr. AKAKA. Mr. President, I am est growing economies. The East-West the United Nations. To suggest that we pleased to join my friend, the senior Center provides leadership and advice are thinking of withdrawal, or that Senator from Hawaii, in offering this on economic issues, including APEC withdrawal would be required under amendment to restore funding for the [Asia Pacific Economic Cooperation] certain circumstances, in my judgment East-West Center in fiscal years 1998 and the U.S.-Pacific Island Joint Com- is very detrimental to our inter- and 1999. mercial Commission [JCC]. Over the past 37 years, the East-West national leadership. It affects our Mr. President, given the strategic Center has established its reputation credibility at the United Nations, and and economic importance of the Asia- as one of the most respected and au- around the world. Pacific region to U.S. interests, and thoritative institutions dedicated to What is sought in this bill, to stay the credibility and trust enjoyed by the the advancement of international co- within certain funding limitations, is East-West Center in the region, I be- operation throughout Asia and the Pa- within the control of the Congress in lieve it is short-sighted to slash fund- cific. The Center has played a key role any event. So there would be other ing for the Center. While issues and de- in promoting constructive American ways for the Congress, in making its velopments in Asia are the focus of in- involvement in the Asia-Pacific region decision on resources to be provided, to creased attention, and foreign affairs through its education, dialogue, re- adhere to that standard. But I do not mandarins speak of the dawn of the search, and outreach programs. The think we should put it in this legisla- Asian century, the United States has Center addresses critical issues of im- tion. closed AID offices in the region and portance to the Asia-Pacific region and If we are going to withdraw from the slashed funding for programs and orga- U.S. interests in the area, including United Nations, we ought to have a nizations—like the East-West Center. international trade, economic coopera- full-scale debate about withdrawing These institutions are valuable to our tion and politics, security, energy and from the United Nations. Withdrawal Nation’s understanding of Asia and the natural resources, population, the envi- from the United Nations is not some Pacific rim and our interaction with ronment, technology, and culture. minor course of action to be taken regional scholars, executives, and gov- The achievements of the East-West lightly, not some form of discipline to ernment leaders. Withdrawing our sup- Center bear repetition. Since its cre- address a problem that can be ad- port sends signals to our friends and ation by Congress in 1960, the Center dressed in other ways. It is a very seri- others in the region that our commit- has welcomed more than 53,000 partici- ous matter. I think even raising the ment and engagement are tenuous. pants from over 60 nations and terri- prospect of withdrawal from the United For over three decades we have in- tories to research, education, and con- Nations is harmful to American inter- vested in the East-West Center, cre- ference programs. Over 45,000 alumni ests. I very much hope the managers of ating an important resource that pro- have pursued degrees and participated the bill will find it possible to accept motes regional understanding and co- in research, training, and dialogue this amendment. operation, provides expertise on com- I do not understand why we are, in ef- under East-West Center grants. Scholars, statesmen, government of- plex regional issues, and informs our fect, bringing in the most extreme foreign policy decisionmaking. The remedy one could imagine, the one ficials, journalists, teachers, and busi- ness executives from the United States amendment we offer seeks to ensure that most sharply affects our inter- the continued existence of the East- national leadership and our position in and the nations of Asia and the Pacific have benefited from studies at the Cen- West Center and the quality of its pro- the United Nations, namely the remedy grams. If the Congress ends funding for of withdrawal. I do not think this legis- ter. These government and private sec- tor leaders comprise an influential net- the Center, its viability will be threat- lation ought to have any mention of ened and its future brought into doubt. withdrawal from the United Nations work of East-West Center alumni throughout the Asia-Pacific region. This amendment authorizes a modest, and I very much hope we will be able to but essential, level of support for the take this particular section out of this The EWC alumni association has 35 chapters throughout Asia. I contin- continued operation of the East-West legislation. Center. The PRESIDING OFFICER. Is there ually encounter proud Center alumni further debate on the amendment? in meetings with Asian and Pacific is- It communicates the importance our Mr. INOUYE addressed the Chair. land government officials and business country places on exchange and co- The PRESIDING OFFICER. The Sen- leaders. operation with nations of the Asia-Pa- ator from Hawaii. The success of the Center as a forum cific region and the lead role played by Mr. INOUYE. Mr. President, I ask for for the promotion of international co- the East-West Center in promoting re- immediate consideration of my meas- operation and the strength of the posi- gional interaction and cooperation. ure. tive personal relationships developed Mr. President, I want to conclude by Mr. HELMS. Is there not a pending at the Center are reflected in the pres- thanking my friend and colleague from amendment? tige it enjoys in the region. Japan, Hawaii for his leadership in this effort The PRESIDING OFFICER. Is there Korea, Taiwan, Indonesia, Fiji, Papua to preserve the mission and good work objection to setting aside the two pend- New Guinea, Pakistan, and other of the East-West Center. I also want to ing amendments? Without objection, it American allies in the region—over 20 express my appreciation to our col- is so ordered. countries in all—support the Center’s leagues who have cosponsored this AMENDMENT NO. 376 programs with contributions. The Cen- amendment and expressed support for (Purpose: To authorize appropriations for ter has also received endowments from the East-West Center. the Center for Cultural and Technical benefactors in recognition of its con- I urge the adoption of the amend- Interchange between East and West) tributions and value. ment. Mr. INOUYE. Mr. President, I send an Mr. President, the countries of Asia Mr. INOUYE. Mr. President, I ask amendment to the desk. and the Pacific are critically impor- this matter be temporarily set aside The PRESIDING OFFICER. The for final disposition. clerk will report. tant to the United States and our po- The legislative clerk read as follows: litical and economic interests into the The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Hawaii [Mr. INOUYE], for next century. By the year 2000, the himself, Mr. HATCH, Mr. HOLLINGS, and Mr. Asia-Pacific region will be the world’s Mr. ENZI addressed the Chair. AKAKA, proposes an amendment numbered largest producer and consumer of goods The PRESIDING OFFICER. The Sen- 376. and services. Their markets for energy ator from Wyoming.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5740 CONGRESSIONAL RECORD — SENATE June 17, 1997 AMENDMENT NO. 394 time understanding why we are writing in your home State. But I’ll tell you (Purpose: To limit the use of United States a $1 billion check to international or- what will really get them—when they funds for certain activities by the United ganizations and then exercising little find out that developing countries Nations and affiliated organizations) oversight on how the money is spent. I don’t have to comply. Countries like Mr. ENZI. Mr. President, I rise to ask you to consider for a moment, the China, India, Brazil, and Mexico will offer an amendment to the underlying accountability requirements we place only have to report on their emissions, legislation. on our own citizens when it comes to not do anything about them. The PRESIDING OFFICER. The use of public property or receipt of All of this information may seem clerk will report. Government payments. reasonable to some, but I will tell you, The legislative clerk read as follows: Ask a farmer what paperwork he or they don’t buy it in Wyoming. Inter- The Senator from Wyoming [Mr. ENZI] pro- she had to fill out for the Farm Serv- national organizations should not be poses an amendment numbered 394. ices Agency and the Natural Resource using American money to impose un- Mr. ENZI. Mr. President, I ask unani- Conservation Service in order to get fair requirements on Americans. mous consent that reading of the that corn or wheat payment last year— I understand the difficulty the chair- amendment be dispensed with. or what bureaucratic tests disaster vic- man has had with these issues and I The PRESIDING OFFICER. Without tims must endure to enlist support recognize his efforts in this bill to re- objection, it is so ordered. The amendment is as follows: from the Federal Government. strict the taxation authority of the Ask an independent oil or gas pro- United Nations. I would like to direct a At an appropriate place in the bill, insert the new section as follows: ducer how many reports they have to question to the chairman from North SEC. . LIMITATION ON THE USE OF UNITED file with the Minerals Management Carolina, if I may. STATES FUNDS FOR CERTAIN Service or with the Bureau of Land Mr. Chairman, is it your belief that UNITED NATIONS ACTIVITIES. Management in order to maintain a this bill adequately safeguards Amer- (a) Notwithstanding any other provision of lease on Federal land. ican taxpayers from any unauthorized law, no United States funds shall be used by Or ask a small business owner what use of United States funds by the the United Nations, or any affiliated inter- national organization, for the purpose of pro- records they have to keep in order to United Nations or its affiliated envi- mulgating rules or recommendations, or ne- prove to Government inspectors that ronmental organizations? gotiating or entering into treaties, that they are complying with OSHA regula- Mr. HELMS. Mr. President, I thank would require or recommend that the United tions and with EPA regulations—or to the Senator for his amendment and I, States Congress, or any Federal Agency prove they are complying with the of course, share his concern with the which is funded by the U.S. Congress, make Family and Medical Leave Act or the increasing number of United Nations changes to United States environmental Fair Labor Standards Act. treaties that impose regulatory bur- laws, rules, or regulations that would impose Ask them how much it costs to have dens and, as he puts it, infringe on the additional costs on American consumers or businesses. their taxes done. I raise these examples rights of the American people. In fact, (b) Any violation of subsection (a) by the to show how much we expect of our the pending bill, S. 903, addresses many United Nations or any affiliated organization own citizens. We place enormous levels of his concerns. I demanded that this shall result in an immediate fifty percent re- of accountability on anybody who legislation prohibit any funding to the duction of all funds paid by the United takes initiative in this country and we United Nations until the Secretary of States to the United Nations for the fiscal weigh them down with paperwork. We State certifies that the sovereignty of year in which the violation occurs and for all even hold them accountable to tell us the United States has not been vio- subsequent years until the United Nations or affiliated organizations revokes or repeals exactly how much we will take from lated. such rule, regulation, or treaty described in them in taxes. A lot of people giggled about that. subsection (a). And then we turn around and hand But as the Senator knows, it is a very The PRESIDING OFFICER. The Sen- out their money. We spread it around, real problem, potentially. As the Sen- ator from Wyoming. far and wide. There are $900 million in ator also knows, many of us have Mr. ENZI. Mr. President, my amend- payments to international organiza- worked for months to develop this ment would ensure that American tax- tions in this bill and there is almost no comprehensive United Nations reform payers get a fair deal when it comes to accountability. My constituents want package. I think the Senator will un- the $900 million this bill authorizes us fairness. derstand, and I find myself in a posi- to pay in dues to international organi- I am particularly concerned by our tion where I simply must be faithful to zations. My amendment would ensure participation in the United Nations the deal into which I have made entry that the United Nations does not spend Framework Convention on Climate and participated. Senator BIDEN has U.S. taxpayer money to sponsor con- Change and my amendment is drafted been so cooperative. He is sticking to ventions that result in stricter—and to challenge that issue, among others. his bargain and I shall stick to mine. more expensive—environmental stand- I am pleased that the committee wants This bill requires a number of key re- ards for Americans than other mem- to require the administration to tell forms at the United Nations, but it cer- bers have to bear. Americans how much the treaty is tainly does not require every reform I know the chairman has worked going to cost. Americans should know that I wanted. very diligently to ensure that our how much it will cost and who will Let me say again to the Senator from money is carefully accounted for by have to pay for it. We are using their Wyoming, I support his efforts but I these international organizations. He money to negotiate this treaty. Let’s cannot support any amendment to has placed some strict limitations on be honest with them. change this package. But I will assure the use of our funds, both at the United I think they might be surprised at him that the Foreign Relations Com- Nations and by the various inter- what is being proposed. According to mittee this week will have hearings to national boards in charge of spending one independent estimate, complying consider United Nations climate our money, but frankly, I would like with United Nations targets for green- change negotiations, and will hold ad- those limitations to be a little more house gas emissions could cost this ditional hearings on actions by the explicit. country as much as $350 billion per United Nations that impose inter- My amendment would prohibit the year! That is nearly $1500 for every national regulatory burdens on the use of U.S. funds by the United Nations man, woman and child. American people. or any affiliated international organi- And while you are adding up that bill Mr. ENZI. Mr. President, in light of zation to propose or promulgate trea- for the folks back home, don’t forget to the assurances I have received from the ties that impose new environmental point out that we could also lose near- chairman of the committee, and from costs on the United States—until, all ly 5 million jobs directly related to en- his staff regarding the Presidential re- other members of the United Nations ergy use and production. Then there porting requirements contained in the have reached our level of environ- will be several million more that are bill, I will withdraw my amendment. mental standards and enforcement. indirectly related. I look forward to debating this issue Many Americans, and surely my con- That should make an impact on again when we receive the Presidential stituents in Wyoming, have a hard those hardworking American taxpayers reporting information.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5741 Let me say before I close that this the Persian Gulf to shelter ballistic Mr. SARBANES. I thank the Chair. I bill is a good example of a bipartisan missiles. And Iran may have deployed have no objection. effort to reduce the size of the Federal antishipping missiles on islands at the The PRESIDING OFFICER. Without Government by consolidating agencies mouth of the Persian Gulf—which, as objection, it is so ordered. The Senator into the State Department. Further- anybody who has been there knows, is from Massachusetts is recognized. more, reform of our policies with re- a natural choke point, useful for stran- Mr. HELMS. Just one moment, Mr. gard to the U.N. are long overdue. The gling our flow of oil through the gulf. President. I suggest that the Cloak- chairman has shown great leadership These new capabilities pose a serious rooms be notified of the proximity of in negotiating this important bill. risk to the U.S. naval presence in the the vote. I yield the floor. region, and to Saudi Arabia, Bahrain The PRESIDING OFFICER. The Sen- The amendment (No. 394) was with- and Qatar’s oil and natural gas refin- ator from Massachusetts. drawn. eries along the coast. (The remarks of Mr. KERRY and Mr. Mr. HELMS. I thank the Senator and The point is, the White House should WELLSTONE pertaining to the introduc- I assure him we will not forget his in- be prepared to, as it promised, fully tion of S. 918 are located in today’s terests. and faithfully respond with the sanc- RECORD under ‘‘Statements on Intro- AMENDMENT NO. 392 tions required by law for China’s pro- duced Bills and Joint Resolutions.’’) Mr. HELMS. Mr. President, Senator liferation activities, as the President Mr. HELMS addressed the Chair. BENNETT offered an amendment which assured me he would in a letter last The PRESIDING OFFICER. The Sen- regular order would make the pending year. ator from North Carolina. business, would it not? In closing, I welcome Senator BEN- Mr. HELMS. In connection with the The PRESIDING OFFICER. Regular NETT’s remarks and his amendment. pending amendment to be voted on order does put us back on the Bennett Let me inquire of the Chair if the shortly by the distinguished Senator amendment. yeas and nays have been obtained on Mr. HELMS. I thank the Chair. Let from Utah, I hope that my request will the amendment. me make a few comments before we be approved that we await the arrival The PRESIDING OFFICER. The yeas consider regular order. of Senator BIDEN, because he may want On February 8 of last year, 1996, I and nays have been ordered on the to have some comments on it, too. sent a letter to President Clinton urg- amendment. So in that context, I suggest the ab- ing that he no longer tolerate Chinese- Mr. HELMS. I think this would be a sence of a quorum. Iranian missile cooperation and trans- good time to have a rollcall vote. The PRESIDING OFFICER. The fers. At that time I noted that U.S. Mr. KERRY addressed the Chair. clerk will call the roll. Mr. HELMS. How long will the Sen- nonproliferation laws provided ‘‘a The bill clerk proceeded to call the clear, legal requirement—and I am ator need? roll. Mr. KERRY. Mr. President, if I can quoting from my letter—that sanctions Mr. HELMS. Mr. President, I ask be levied against China for its missile ask the Senator if Senator WELLSTONE unanimous consent that the order for sales to Iran,’’ and I appealed to the and I can proceed as we had discussed the quorum call be rescinded. President at that time to act deci- for a few moments outside of the legis- The PRESIDING OFFICER. Without sively. In response, the President as- lative business. objection, it is so ordered. sured me that he would, in fact, and in Mr. HELMS. That is what I am in- Mr. HELMS. I suggest we go to the deed, implement the missile sanctions quiring about. vote. law, and he used the words, ‘‘faithfully Mr. KERRY. Somewhere, say, around The PRESIDING OFFICER (Mr. and fully’’ when the United States had 12 minutes I think we should be able to SANTORUM). The question is on agree- determined that sanctionable activi- finish; 12 minutes, Mr. President, di- ing to the amendment offered by the ties have occurred. vided between the two of us. Senator from Utah, amendment No. Senator BENNETT and I were speaking Mr. HELMS. That is fine. 392. The yeas and nays have been or- about that a while ago. We have been The PRESIDING OFFICER. Is there a dered. The clerk will call the roll. waiting for more than a year. Mean- unanimous-consent request? The bill clerk called the roll. while, repeated media reports have Mr. KERRY. Mr. President, I ask Mr. NICKLES. I announce that the confirmed beyond any peradventure unanimous consent that Senator Senator from Idaho [Mr. KEMP- whatsoever that Chinese-Iranian mis- WELLSTONE and I be permitted to pro- THORNE] is necessarily absent. sile cooperation continues apace, and ceed as in morning business, with the Mr. FORD. I announce that the Sen- that the United States is well aware of interruption not to show in the course ator from South Dakota [Mr. these activities and that the adminis- of the legislative day on the foreign re- DASCHLE], the Senator from Iowa [Mr. tration has deliberately elected to ig- lations bill. HARKIN], the Senator from South Da- nore Sections 73 and 81 of the Arms Ex- The PRESIDING OFFICER (Mr. BEN- kota [Mr. JOHNSON] are necessarily ab- port Control Act, and the 1992 Iran-Iraq NETT). Is there objection? sent. nonproliferation act. Mr. SARBANES. Reserving the right I further announce that the Senator to object. Can I ask the parliamentary In fact, an article in the Washington from South Dakota [Mr. JOHNSON] is Times last November 21, I believe it situation? I take it the Bennett amend- absent to attend a funeral. was, purports to quote from a classified ment was offered and set aside, and I also announce that the Senator then I offered an amendment and that October 2, 1996 CIA report entitled, from South Dakota [Mr. DASCHLE] is ‘‘Arms Transfers to State Sponsors of was set aside. Is there another amend- absent due to a death in the family. Terrorism.’’ Among the transfers re- ment pending? The result was announced—yeas 96, ported are missile guidance compo- The PRESIDING OFFICER. The Sen- nays 0, as follows: ator from Hawaii offered an amend- nents, 400 metric tons of chemicals for [Rollcall Vote No. 103 Leg.] Iran’s chemical warfare program, and ment, and that has been set aside, and YEAS—96 advanced cruise missiles. the regular order is the Bennett There can be no doubt that China’s amendment. Abraham Byrd Durbin Akaka Campbell Enzi provision of advanced missile tech- Mr. SARBANES. I simply say to the Allard Chafee Faircloth nology and equipment to Iran directly chairman, I am quite happy to cooper- Ashcroft Cleland Feingold threatens our national security inter- ate with the committee in setting aside Baucus Coats Feinstein the amendments, but I ask the chair- Bennett Cochran Ford ests and directly contravenes U.S. law. Biden Collins Frist Over the past several years, Iran has man if I can have the courtesy of being Bingaman Conrad Glenn purchased Sunburn, C–801 and C–802 given a little bit of notice—not much— Bond Coverdell Gorton antiship cruise missiles, fast attack just in order to get here when the Boxer Craig Graham Breaux D’Amato Gramm missile boats, diesel submarines, and chairman thinks he may go back to Brownback DeWine Grams naval mine warfare capabilities. considering my amendment. Bryan Dodd Grassley In addition, Iran has reportedly been Mr. HELMS. Very well. I give that Bumpers Domenici Gregg constructing tunnels along the coast of assurance to Senator SARBANES. Burns Dorgan Hagel

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5742 CONGRESSIONAL RECORD — SENATE June 17, 1997 Hatch Lieberman Roth The amendment is as follows: Broadcasting or the BIB. We consoli- Helms Lott Santorum Hollings Lugar Sarbanes Strike sections 321 through 326 and insert dated all of our Government’s inter- Hutchinson Mack Sessions the following: national broadcasting programs, in- Hutchison McCain Shelby ‘‘SEC. 321.—INTERNATIONAL BROAD- cluding the Voice of America, as well Inhofe McConnell Smith (NH) CASTING.—The Broadcasting Board of Gov- as the so-called surrogate programs, Inouye Mikulski Smith (OR) ernors and the Director of the International such as RFE/RL. We did it within one Jeffords Moseley-Braun Snowe Broadcasting Bureau shall continue to have Kennedy Moynihan Specter Federal agency—the U.S. Information the responsibilities set forth in title III of Kerrey Murkowski Stevens Agency, which is the government’s the Foreign Relations Authorization Act, fis- Kerry Murray Thomas public diplomacy arm. Kohl Nickles Thompson cal years 1994 and 1995 (22 U.S.C. 6201 et seq.), Kyl Reed Thurmond except that, as further set forth in chapter 3 The 1994 act imposed tight fiscal con- Landrieu Reid Torricelli of this title, references in that Act to the trols on the two programs that were Lautenberg Robb Warner United States Information Agency shall be rife with fiscal abuse and mismanage- Leahy Roberts Wellstone deemed to refer to the Department of State, ment. It mandated steps toward privat- Levin Rockefeller Wyden and references in that Act to the Director of ization for Radio Free Europe and NOT VOTING—4 the United States Information Agency shall Radio Liberty. Very importantly, it Daschle Johnson be deemed to refer to the Under Secretary of also ensured an active role by the in- Harkin Kempthorne State for Public Diplomacy.’’ spector general. As a result, Mr. Presi- The amendment (No. 392) was agreed Mr. FEINGOLD. Mr. President, I rise dent—and this is no small matter—of to. to offer an amendment to S. 903, the this one series of actions and consoli- Mr. BUMPERS. Mr. President, I State Department authorization bill dation, we saved the Federal Govern- move to reconsider the vote. for fiscal year 1998. What my amend- ment, the taxpayers of this country, on Mr. CRAIG. I move to lay it on the ment would do is strike the provisions this one change alone, close to $1 bil- table. in division A of the bill concerning lion over a 9-year period. This isn’t me The motion to lay on the table was international broadcasting activities talking about what can be done if we agreed to. in the United States. do something—we did it. We started in Mr. HELMS. What is the pending Mr. President, I find it rather ex- 1993 and we saved $1 billion. That was business now? traordinary that in the very bill that my first bill here as a Member of the The PRESIDING OFFICER. The Sar- seeks to reorganize and consolidate the Senate. I am extremely pleased that banes amendment numbered 393. foreign policy apparatus of the U.S. the changes proposed in this bill can- Mr. HELMS. Is there any other Government, we find language to cre- not undo the fiscal progress that we amendment behind that one? ate a new independent Federal agency have made in the past. I add that, at The PRESIDING OFFICER. The to administer the U.S. international this time, when we are trying so hard Inouye amendment No. 376. broadcasting program. Let me be clear to finalize our promising work on bal- Mr. HELMS. Just those two? on this: This bill creates a new Federal The PRESIDING OFFICER. That is ancing the budget that this $1 billion agency. It grants that agency the au- in savings was an important step in correct. thorities and mandates that all Federal Mr. HELMS. I have just proposed to that direction. agencies have under title 5. It also But there was more to the story—a the majority leader we move in cycles gives the agency the authority to hire story of abuse. At the time Congress of three amendments, certainly for temporary workers and to grant them took this action, the RFE/RL was rollcall purposes, and he thinks that reimbursement for their services, and spending 25 percent of their budget on would be a good idea. It may be that we it also gives the agency the authority administrative costs, while the Voice will be able to handle some of these on to receive donations. So despite the of America was spending less than half a voice vote, but I do not know. claims you will shortly hear that are I suggest the absence of a quorum. of that—only 12 percent. Lavish sala- The PRESIDING OFFICER. The to the contrary, make no mistake, Mr. ries. Mr. President, there were salaries clerk will call the roll. President, this is a new agency. of $200,000 to $300,000, paid by the Amer- The bill clerk proceeded to call the Now, some will argue, of course, that ican taxpayers; and perks for execu- roll. there is no net increase in Federal tives that were a deeply ingrained way Mr. FEINGOLD. Mr. President, I ask agencies since at the same time that of life in these programs. These ex- unanimous consent that the order for we create a new independent agency to cesses are what inspired me and other the quorum call be rescinded. operate the international broadcasting Members of Congress to take a long The PRESIDING OFFICER. Without operations, we are also abolishing the hard look at how to fix this problem. objection, it is so ordered. U.S. Information Agency. So you will This, of course, is our role—to oversee Mr. FEINGOLD. Mr. President, I ask probably hear the argument that we the programs of the executive branch unanimous consent the pending busi- are giving up one and adding a new and protect the dollars of the people ness be set aside. one. I am afraid, though, Mr. Presi- who elect us. The PRESIDING OFFICER. Without dent, that that argument hardly passes In this particular case, we actually objection, it is so ordered. the laugh test. It is a new agency. You did a pretty good job, after many AMENDMENT NO. 395 can be sure of one thing: It is going to years. Now, though, Mr. President, I (Purpose: To eliminate provisions creating act like an agency, too. am concerned about what will happen new Federal agency) This language simply makes no sense in the future. Now the Foreign Rela- Mr. FEINGOLD. Mr. President, I send in light of the hard work that the Con- tions Committee has reported out a bill an amendment to the desk on behalf of gress invested in 1993 and 1994 in re- that includes language to recreate myself, the Senator from Iowa [Mr. structuring the United States’ role in what, to me, looks virtually identical HARKIN] and the Senator from Oregon overseas broadcasting. We consolidated to this old BIB, the agency we finally [Mr. WYDEN] and ask for its immediate various programs and we took some got rid of. It creates an independent consideration. very clear steps to move Radio Free Federal agency, governed by a board of The PRESIDING OFFICER. The Europe and Radio Liberty down the directors. Others may say that the clerk will report. road to privatization. Broadcasting Board of Governors, or The bill clerk read as follows: In the United States International the BBG, under the arrangement as- The Senator from Wisconsin [Mr. FEIN- Broadcasting Act of 1994, the Foreign sumed by this bill, is very different GOLD], for himself, Mr. HARKIN, and Mr. Relations Committee took the lead in from the old BIB. I will agree that the WYDEN, proposes an amendment numbered doing something that is all too un- BBG is a stronger, more disciplined 395. usual. It is unusual to find a program body than its predecessor; but because Mr. FEINGOLD. Mr. President, I ask eliminated in Washington, but we, in of its worldwide presence, inter- unanimous consent reading of the that committee, and on this floor, Mr. national broadcasting is unfortunately amendment be dispensed with. President, actually wiped out a Federal an area that is almost inherently vul- The PRESIDING OFFICER. Without agency. At the time, that agency was nerable to mismanagement and abuse. objection, it is so ordered. called the Board for International It is very hard to oversee, especially if

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5743 it is constituted through an inde- I find it hard to believe that this Con- successfully consolidated into one pendent agency. gress, which has been dedicated to agency. We mandated the consolida- In the past, the BIB fell prey to these downsizing the Federal Government tion intentionally, Mr. President, to vulnerabilities and exercised virtually and achieving deficit reduction, would save money and to eliminate duplica- no control over the abuse of the radios choose to create today a new Federal tion. Mr. President, if these provisions under its jurisdiction. There were two agency—an agency that isn’t even are adopted, the gains we made in both decades worth of GAO and inspector needed. That is exactly what these pro- of these areas could be lost. Rather general reports noting fiscal and other visions will do—create an unnecessary, than using, in the name of efficiency, problems with the radios, but the BIB new Federal agency, with all the over- the accounting, personnel, and support just chose to ignore them. Spending head, all the bureaucracy, and all of services that already exist in the State abuses were brought under control the trappings of a brand new agency. Department—as it has with the serv- under the BBG structure because of Mr. President, I also wish to respond ices of USIA—this new entity will have very detailed congressional mandates briefly to the arguments made by the to have its own legal office; it will have contained in the 1994 legislation. That proponents of this proposal and, in par- to have its own personnel department; didn’t happen because the board sud- ticular, my good friend and leader on it will have to have its own publication denly decided to clean up its act nor these issues, the Senator from Dela- office, and who knows what else. That because of any inherent qualities of the ware, Senator BIDEN, who cares deeply is what you get when you set up a new BBG itself; it is because we here in about this issue. Federal agency. That agency needs all Congress did our job and mandated First, Mr. President, he asserts that of those new things, instead of having that this organization clean up its act. the fiscal controls and measures de- the State Department handle it under Mr. President, it is my view that re- signed to curb the kinds of flagrant its current budget. creating this independent structure is abuses that plagued RFE/RL in the Again, these provisions—and, Mr. a roadmap for a return to where we past will be retained under the new President, I hope I am making the started out 3 years ago. I find it simply structure, and that nothing we case—head in completely the opposite incomprehensible that just as we are achieved in terms of deficit reduction direction, not only of the whole spirit consolidating our foreign policy appa- will be lost as a result of the new struc- of the last couple of Congresses, but ratus under the reorganization plan in ture he has proposed. I sure hope he is specifically in the opposite direction of this bill, we would create a new Fed- right; but I doubt it. I appreciate the the whole point of the bill the distin- eral agency that is virtually identical intent, but I am concerned that history guished chairman of the Foreign Rela- to the one we wiped out less than 3 has shown that just the opposite is tions Committee has put forward in years ago. going to happen, that what we have terms of consolidation and reorganiza- Mr. President, let me outline briefly achieved could well be undermined by tion. the problems I have with this broad- recreating the kind of structure and in- Now, some may say that Congress casting section of the bill. First, fiscal centives that led to these problems in can protect the taxpayer by maintain- abuse. The structure proposed by the the first place. ing the spending caps we put into the bill, as I have indicated, has histori- Now, what do I mean by incentives? I 1994 legislation. I am certainly glad cally been a breeding ground for fiscal mean the natural propensity of any in- those caps are still there, and that may abuses. These weren’t just uncovered 3 stitution—especially an entirely inde- be true for those programs that are years ago. I have a stack of GAO re- pendent institution—to protect itself, capped. But what is not clear is what ports and IG reports going back two to try to expand itself, and to relent- happens with administrative costs. decades documenting the fiscal abuses lessly try to find a way to justify its that this independent structure gen- existence. That is inherent in the na- Mr. President, the comptroller’s of- erated. It was this independent struc- ture of independent agencies. fice of USIA has explained to my staff ture, sitting out by itself, not being If the radios are actually going to be that some $28 million in administrative managed or controlled by any part of privatized by the end of 1999, what is services are currently provided to the our Federal Government directly, that this new Federal agency going to be broadcasting operations by the United 1 States Information Agency. This rep- had these problems. doing in 2 ⁄2 years? Are they going to be A colleague from many years ago, running the Voice of America? Is there resents expenditures that are over and Senator John Pastore, in 1976, said of a reason, all of a sudden, after all these above the annual operating budget for the problems of this organization, ‘‘The years, to create a new agency to run the broadcasting operations. Instead, abuse has reached the point of becom- the Voice of America? I don’t think so. these costs are borne by USIA for prop- ing almost scandalous * * *’’ That is I don’t think the Senator from Dela- erty and for housekeeping functions, what we put an end to in 1994. We put ware would be proposing this structure such as payroll, the payment and an end, finally, to two decades of if his concern was the independence of vouchers, accounting, contracting, and abuse. the Voice of America. Rather, his con- security. On these latter items, broad- A second problem, Mr. President, is cern has been clearly stated in the casting ‘‘borrows’’ partial time from privatization. We made a clear com- past, and it is to house the surrogate USIA employees to carry out highly mitment in 1994 that Radio Free Eu- radios, Radio Free Europe/Radio Lib- specialized tasks. If the broadcasting rope and Radio Liberty would be erty, and others that are scheduled to operations are to be separated out from privatized by the end of this century, lose their Federal support in 1999. USIA, as is contemplated by this bill only 21⁄2 years from now. Mr. President, Even Radio Free Asia, RFA, has a now, it remains very unclear how why would we now recreate an inde- sunset date in the authorizing legisla- broadcasting would get these services. pendent agency to administer the tion that terminates its authority in Would the new public diplomacy bu- grants for Radio Free Europe and 1998. So what is the agency going to do reau at the State Department have to Radio Liberty for such a short period after all these rather up and coming provide these services and, if so, how of time? If we create this new entity, I dates arrive? What are they going to would that be calculated? Or what can assure you that somehow it will do, Mr. President? Are they going to would concern me the most is, will the find a justification to continue. All of lobby Members to extend these dead- new broadcasting entity, this new Fed- the hard work and all of the consensus lines? I am concerned that they will. Is eral agency, simply have to hire its that was developed around the basic there any doubt in the minds of anyone own people, new Federal employees, idea that it is high time that RFE/RL in this room that if we create a new new Federal positions to carry out be privatized will be under attack. We Federal agency, it will do all it can to those services? have a chance to finally privatize find good reasons to argue that it has The point, Mr. President, is that the something. We are almost there. But to continue to exist. broadcasting operations currently ap- this bill seeks to undo that. Secondly, the proponents of these pear to gain significant economies of Third, Mr. President, as I have indi- provisions will say that we are talking scale by using the infrastructure of the cated several times, and will again, about something different here because USIA. That is what we caused to hap- this bill creates a new Federal agency. the broadcasting functions have been pen a few years ago. After decades of

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5744 CONGRESSIONAL RECORD — SENATE June 17, 1997 abuse, we finally forced this Govern- whether we should continue to pay for one that can be highly emotional for ment to show some efficiency and con- broadcasting in countries like Poland, many Members of this Chamber. But solidation, and we got some economic let me focus upon the issue of so-called whichever side my colleagues come out benefit out of it. Instead, creating a ‘‘journalistic independence.’’ on, I urge you to consider what I find new agency may lead us to lose those Mr. President, let me just briefly re- to be the most offensive part of this savings and force this new entity to view some of the history. bill, and that is the provision to create come to Congress for new funds, or it First, Radio Free Europe and Radio a new, independent federal agency. may lead to a situation in which the Liberty were established by the CIA, a I do not want to be repetitive, but I broadcasting activities lose out when, fact widely known, for the purpose of just can’t believe that the Senate, that for every new attorney, or office, or undermining communist governments. this body that is working so hard to light bulb, and all the bureaucracy Second, they have been funded by the eliminate inefficiencies and duplica- that goes with it, there will be less US taxpayers from their inception, a tions in the Government, would have broadcasting hours to some far-flung fact that is also widely known and not supported provisions such as these in a place in the world to which we believe disputed. bill such as this. it is in our national interest to commu- Third, the Board of Directors for this So Mr. President, let me point out nicate. I guess this doesn’t make any new entity, like the current one, is ap- that my amendment has been endorsed sense to me. pointed by the President of the United by groups who have worked hard to re- Third, Mr. President—and this is States. I would like to know how you duce the Federal deficit and eliminate really the most philosophical of the ar- can be independent of the U.S. govern- unnecessary spending programs, in- guments—there are those who really ment when your governing board is ap- cluding Citizens Against Government passionately believe that an inde- pointed by the President of the United Waste and Taxpayers for Common pendent structure is required or is nec- States! Sense. essary in order to protect what is Let me make sure everyone under- Mr. President, I ask unanimous con- called the ‘‘journalistic independence’’ stands the bizarre relationship between sent that a letter from Taxpayers for of these programs, and really this ques- the BBG and RFE/RL. This is an inter- Common Sense regarding this amend- tion gets to the core of what is going locking board of directors: the mem- ment and in support of the amendment on. bers of the BBG are—by statute—iden- be printed in the RECORD at the conclu- Either you think it is our national tical to the members of the RFE/RL sion of my remarks. interest to continue to pay for—not board. As bizarre as it may be to an The PRESIDING OFFICER. Without just subsidize, but pay for—inde- outsider, the BBG gives a grant to objection, it is so ordered. pendent radio programs, or you don’t! RFE/RL, even through they each have (See exhibit 1.) I, for one, think it is essential to com- the same board. And these board mem- Mr. FEINGOLD. Mr. President, to pare the surrogate radios to the Voice bers are all appointed by the President conclude, the letter from Taxpayers for of America. VOA was created to be, and of the United States! Common Sense really did a good job of remains, an essential tool for the U.S. Fourth, their budget is debated by reiterating that the question under- government to communicate U.S. poli- Congress each year. Numerous Con- lying this debate is whether the Senate cies and prerogatives to the rest of the gressional committees call them up to is capable of following through on world. Let me quote directly from the account for how this money is being budget cuts. If we today recreate the President’s budget request concerning spent. We are even debating it right same BIB structure we abolished just 3 VOA’s mission: ‘‘The Voice of America now. years ago, the savings achieved in the was founded in 1942 to provide accu- So how can you even make any kind 1994 act could be jeopardized and the ef- rate, objective and comprehensive news of claim to be independent on those fort to privatize these radios could be and information about America and facts? No one is going to buy it. undermined by this new agency as it the world to listeners in other coun- In fact, as the fifth point, let us be desperately struggles to justify its ex- tries.’’ VOA now broadcasts in more honest. The rest of the world views istence. than 50 languages. WORLDNET tele- these radios as belonging to—guess I hope that the Members of the Sen- vision similarly supports and explains who? The United States. Whatever ate will reject the creation of this new U.S. policy objectives to foreign audi- games you want to play with their Federal agency and adopt my amend- ences worldwide. VOA and WORLDNET names or their governing structures, ment. employees are U.S. government em- everybody knows these broadcasts rep- Mr. President, I yield the floor. ployees, and no one doubts that a pri- resent the views of the United States. EXHIBIT 1 mary mission is to communicate the U.S. officials parade through these fa- TAXPAYERS FOR COMMON SENSE, views of the U.S. government. cilities abroad all the time. Washington, DC, June 13, 1997. The surrogates—Radio Free Europe When President Clinton was in Attn: Foreign Relations L.A.—floor action Mon- and Radio Liberty—on the other hand, Prague in early 1994, the President of day, June 16. concentrate their resources on report- the Czech Republic offered the United TAXPAYERS ASK: WHY CAN’T SENATE CUT? ing and analyzing domestic and re- States facilities within Prague to SUPPORT FEINGOLD AMENDMENT ON STATE gional events in the countries to which house RFE/RL. The Czech President of- DEPT. AUTHORIZATION they broadcast. As someone who be- fered the buildings to the U.S. Presi- THE 1994 LAW TERMINATED THE BIB AND SAID lieves strongly in the rights of free dent, because he knew, as the whole RADIO FREE EUROPE WILL BE PRIVATIZED speech and expression, I do not doubt world knows, that these radios are 100 WHY DOES COMMITTEE BILL CREATE NEW that the development of independent percent owned by the US government, AGENCY FOR RFE media is perhaps one of the most im- paid for by the US taxpayers, and sub- DEAR SENATOR: When the Senate considers portant challenges for a newly democ- ject to oversight by the US Congress. the State Department Reauthorization bill, ratizing country. And I do not question Frankly, Mr. President, I do not see Taxpayers for Common Sense strongly urges those who think that the United States how these programs can ever really be you to support the Feingold amendment. In 1994, Congress passed legislation termi- should actively support or encourage independent as long as they are de- nating the Board of International Broad- such outlets. But that does not nec- pendent upon federal funding. If they casting (BIB), an independent federal agency essarily imply that we should bear the want journalistic independence, the responsible for administering Radio Free Eu- cost of running an entire service! The best way is the old-fashioned way: stop rope and Radio Liberty [RFE/RL]. In doing fact that U.S. tax payers are still sub- taking Federal dollars. so, the legislation mandated that steps be sidizing RFE/RL broadcasts to Poland If these programs need autonomy and taken to privatize RFE/RL. The legislation astounds me. We are, in fact, sub- independence, the best thing they can also established a Broadcasting Board of sidizing the competition in Poland and, do is to privatize. Governors within the U.S. Information Agen- cy in order to curb extensive internal prob- in so doing, may even be preventing Mr. President, I know the debate lems that plagued the programs under the the development of other alternatives over ‘‘journalistic independence’’ and BIB structure. for this kind of activity in that coun- over how the United States can best Contrary to the law and to congressional try. But setting aside for a moment support newly emerging democracies is intent—and contrary to the House bill—the

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5745 version of the State Department Authoriza- suspect he would characterize it dif- So the Senator is correct. Absent tion Bill recently reported by the Foreign ferently. I think they are vitally im- this history, one would say this is a Relations Committee would actually create portant. veil. There are only four or five veils a new federal agency strikingly similar to It is not communism now. It is chaos between the radios and independence the old BIB. Congress terminated the BIB now. It is not communism. It is the and they are nothing but veils. History just three years ago with overwhelming bi- partisan support. The BIB structure fostered threat of totalitarianism. It is not indicates that they are walls, and that rampant fiscal abuses, lavish executive sala- communism. It is freedom, market they brought walls tumbling down—the ries and executive perks, despite numerous economies, and it is about journalistic Berlin wall. GAO and Inspector General reports noting integrity and independence. I acknowledge that I probably feel fiscal problems over the course of two dec- Everything the Senator said is factu- more strongly about the radios and ades. ally correct except one thing. How do I their independence than a majority of The Feingold amendment would strike the explain it? I think the rhetorical ques- my colleagues. But I truly believe, Mr. provisions that would create a new federal tion is: Tell me how these are inde- President, if they were needed during agency and ensure that RFE/RL is privatized pendent? I will tell you: Forty years of the cold war, they are needed in this by December 31, 1999, as indicated by the history. All of Eastern Europe said, decade of chaos as much as they were International Broadcasting Act of 1994. TCS ‘‘When I hear VOA, I hear the State supports this amendment. While the budg- then. etary savings may be relatively small com- Department. When I hear Radio Lib- Look, what happens in China, in pared to the entire federal budget, the ques- erty and Radio Free Europe, I hear an large part, is going to be a product of tions at stake are large: Can the Senate fol- independent voice.’’ That is literally what the people of China know is hap- low through on budget cuts? Is the Senate how it worked. pening. incapable of maintaining even this tiny I don’t presume to compete with my My friend, Senator KERRY, who budget cut? Is foreign spending exempt from friend from Wisconsin—and I am not shares the view of my friend from Wis- the budget cuts that impact Americans at being solicitous when I say this—who consin, says, ‘‘Look, we have CNN.’’ home? The Feingold amendment is a step to- is a Rhodes scholar and a man of sig- That is true. ‘‘Look, we have the Inter- ward restoring the confidence of American nificant accomplishment, with my net.’’ That is true. They are all very taxpayers that U.S. international programs knowledge of history. I am not trying positive and they are real and they are are wise expenditures. Sincerely, to play games and educate him, except genuine, but I would argue they make RALPH DEGENNARO, I suggest to him that he ask those my case. Because really what my Executive Director. Eastern European freedom fighters of friends are saying—I will speak for Mr. BIDEN addressed the Chair. the past 40 years. They knew that the Senator KERRY—is that, although the The PRESIDING OFFICER. The Sen- Federal Government paid for Radio radios are independent, we don’t need ator from Delaware. Free Europe or Radio Liberty. Why did this other independent voice now be- Mr. BIDEN. Mr. President, I admire they listen to it and take what it said cause we have this independent thing the Senator’s tenacity, and I admire as gospel and not the Voice of America, called CNN and we have this thing his commitment to save the American or other pronouncements that came called the Worldnet. I say to you, out? The reason was the same reason taxpayers money. His tenacity on this things are better than they were be- that exists today in China. We set up a cause we do have CNN. I say to you score has exceeded his savings. Let me thing called Radio Free Asia, the same things are better in the world in terms explain what I mean by that. He won. category Radio Free Europe used to be of the access to information through- If this is about deficits, he won. He was in—still is in. out China because we have the right. He saved the taxpayers millions What is the difference? Our Ambas- Worldnet. But I say to you, we will be, and millions of dollars. He, through his sador in Beijing can say with all hon- in the ultimate sense, penny-wise and leadership, changed the way in which esty—and the Chinese Government pound-foolish if we take what also is a we used to deal with all these radios. knows that it is true—‘‘I can’t control proven, genuinely important, world- He has won. those guys.’’ wide, respected vehicle called the ra- If I wouldn’t be taken out of con- What do they do? Let me give you an dios and do them in. text—he would understand the humor example of what would not happen if And what for? What money are we in this—I wish he would take that old these radios, as we call them, were going to save? What are we saving speech and send it home and say, ‘‘I within the State Department where we here? Let us get this straight—not that won.’’ I mean, take credit for what you moved the USIA. They would not at the Senator has not been straight; he did. You did a wonderful thing. You this moment be able to read on air the has been. But, for me, because I am really did. You did a wonderful thing. memoirs of Wei Jing Sheng, one of Chi- kind of simple-minded, let’s reorganize But their ain’t no more money to save. na’s leading dissidents who is in prison. this and lay it out. For me, it is impor- You saved it. This doesn’t cost another It is driving the Chinese Government tant to understand the pieces. The first penny. crazy that the people of China can hear piece of this is, the Senator says that That is No. 1. unobstructed his memoirs being read there is all this bloated bureaucracy in This is not about deficits. It was on air. this board that used to run the radios. about deficits, but you won. You did a Do you think the Secretary of He is right. There was leadership. We good thing. You reorganized the radios. State—this one or the last one—would changed that. We cut these bloated sal- It is like that famous line, I guess it have the nerve in the mix of negotia- aries. We cut out the fat. We made was President Reagan’s, ‘‘The Russians tions with the Chinese on everything them use the same transmitters. We just do not know how to take yes for from proliferation to trade to upset the consolidated the ability to transmit an answer.’’ You won. And I am not apple cart? I can see it now. Beijing these messages over the air. We lit- being solicitous when I say the Nation picking up the phone, and saying, erally moved our operation in Europe owes you a debt of gratitude. ‘‘Stop, or we do the following with re- into Prague from Germany. We did a Now, on the second point, your tenac- gard to these other negotiations.’’ We lot of things. This bill does not change ity: Your tenacity is well known, but I have seen it happen a hundred times. one single solitary bit of the reform think in this case it is misplaced. This But Beijing knows that the way we that has taken place. isn’t about deficits anymore. Let’s talk have set this up means that the Presi- Then my friend says we are going to about what it really is about. dent cannot control it. He can come up spend more money. We put caps— It is about whether or not Radio Free to us and say, ‘‘Don’t fund it any through his leadership—on the amount Europe and Radio Liberty are anachro- longer.’’ Or he can try to stack the of money that could be spent in these nisms or still have a relevance—no board to get people on the board who functions. We maintained these caps. If matter how well run they are, no mat- will not allow journalistic independ- I can find my place in my notes here, I ter how streamlined they are, no mat- ence. will find out exactly what the caps are. ter how efficient they are, no matter But the reason why it works is that What page am I on? The caps for RFE/ how cost effective they are. we have 40 years’ experience—40 years RL are $75 million a year; Radio Free That is the core of the debate be- of watching it work. The bona fides of Asia, $22 million a year. These caps are tween the Senator and I, although I these radios have been proven. kept on this legislation.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5746 CONGRESSIONAL RECORD — SENATE June 17, 1997 My friend says we have created this glad it is going in now. I sure like the fairs Reform and Restructuring Act of 1997, new bureaucracy. We have created no idea the message is going into Bosnia. as reported by the Committee on Foreign Re- new bureaucracy. We created this new I sure like the messages going into lations. My colleagues and I agree with Senator board in 1994 through his leadership. It these former Soviet states or Soviet- Biden that, under any reorganization sce- upsets my friend that I am not sucking client states. But I acknowledge that is nario, an independent, bipartisan governing that board into the State Department. a debate for another day, whether or board, nominated by the President and con- There is USIA. It is sitting out here not these radios make sense anyway. I firmed by the Senate, is essential to ensur- and it has, within USIA, that board. In think they make a great deal of sense. ing the coherence, quality, and journalistic the reorganization, led by the Senator But make no mistake about it, that integrity which preserves the credibility, from North Carolina, we take all the is the core of the distinction between and therefore effectiveness, of the broad- casting services. agencies that are sitting outside there what the Senator from Wisconsin and I Further, with respect to concerns about and bring them into the State Depart- view to be the right course of action. additional costs expressed by Senators Fein- ment. So we take all of the USIA out You notice that the Senator is always gold and Kerry during the Committee’s except for one thing: We leave this painfully honest. He points out and ac- markup last Thursday, the Board believes board sitting there. We do not recreate knowledges he had the privatization that a transfer of existing broadcasting sup- it. We just leave it where it was, inde- language still in here, but he presumes port costs and personnel from USIA to the pendent. But still with all the strings it will not be privatized now that the international broadcasting entity would be a attached as to how much money it can board is sitting out here and staying ‘‘cost neutral’’ transaction within the for- eign affairs budget function. Such a transfer spend, all the requirements for RFE out here. I would argue that the likeli- would cover space costs and management and RFL regarding privatization. They hood of privatization occurring is in di- support services currently provided by USIA, all remain, but what also remains is rect proportion to how much light is including security, accounting, payroll, the journalistic integrity, the inability shed on the process. When you have training, and procurement. This transfer of the Secretary of State to say, hey, this board sitting out here by itself, from USIA to the international broadcasting don’t—don’t broadcast those memoirs. justifying its existence and its actions, entity would coincide with the consolidation I am not suggesting this Secretary it is a lot more likely that we are going of USIA into the Department of State, and would say that. I do not know what she to pay attention to it, particularly would not represent a net increase in total funds or employment. would say. But there is nothing she can when we have to confirm the head of The BBG is committed to ensuring that do about that, or that a future Sec- the board. As a matter of fact, the America’s international broadcasting serv- retary can do about that. whole board requires Senate confirma- ices remain a cost-efficient, highly effective The Senator suggests there is going tion. means of promoting this nation’s interests to be a new bloated bureaucracy. We The Senate worries about the radios abroad. have a thing in the law that exists not going toward privatization. How Sincerely, right now called the Economy Act, many members of the board are there, DAVID W. BURKE, which means that any lawyers that are eight? He is going to have eight shots, Chairman. needed by RFE/RFL, any lawyers need- plus Mr. Duffy, who is going to be the Mr. BIDEN. This is just one para- ed by the board that is going to con- new Under Secretary of State for Pub- graph from it. duct overseas radios, can be lawyers lic Diplomacy. He has plenty of . . . the Board believes that a transfer of that can be borrowed from the existing chances. He has nine chances in con- existing broadcasting support costs and per- lawyers in USIA. There is no require- sonnel from USIA to the international firmation hearings before our com- broadcasting entity would be a ‘‘cost neu- ment to hire anybody new. And you mittee. Put the board inside and it’s a tral’’ transaction within the foreign affairs have caps on what we can spend on different story. budget function. Such a transfer could cover them anyway. The other point I would like to space costs and management support serv- That is how it works right now. raise—and there is so much to say on ices currently provided by USIA, including VOA—my friend always talks about this, but you have heard me so many security, accounting, payroll, training, and RFE and RL, Radio Liberty. There is times I will try not to say all there is procurement. the Voice of America, Radio and TV to say. The cost will go up, is the sec- This notion that salaries would ex- Marti, and Radio Free Asia. They are ond argument. He indicates that the plode isn’t realistic. We can’t even get sitting there. We have to privatize, cost will increase by $25 to $30 million. a raise for judges here, which most of under the law, RFE and RL, by the He said the board and the radios now my colleagues tell me we should get. same date required in the original leg- receive $28 million in administrative They have to come with an appropria- islation. We kept that in. But we still services from the USIA, the U.S. Infor- tion every year. You think these sala- have these other three major pieces out mation Agency. All this is true, but ries are going to explode and that this there. So the notion of the board’s re- who does he think is paying the $28 is going to be a sitting duck? sponsibilities rests in the management million now? The $28 million that went My view is, if I can see it, if I can feel of those as well, even when privatiza- for them administering the agency will it, if I have to confirm it and it is not tion occurs. not go to them now. The net cost to buried in an organization, I have a lot The other rhetorical question I would the American taxpayer will not more impact on it. Look, as I said, ask my friend is, he says this under- change. Chairman HELMS and I re- there is a lot to say, but the former mines privatization, that this proposal ceived a letter from David Burke, the VOA directors, the Voice of America to privatize the European radios, which chairman of the board. I ask unani- directors, they do not argue, Democrat we urged in the sense of Congress in mous consent it be printed in the and Republican, that we should put the 1994, would be undermined. This provi- RECORD. radios and VOA into the State Depart- sion remains intact. Moreover, the There being no objection, the letter ment. They say keep it where it is. Senator is sponsor of an amendment was ordered to be printed in the So, I really admire the Senator. I will asking for periodic reports toward this RECORD, as follows: say again, the people of Wisconsin should be thankful and appreciative objective, which the committee in- BROADCASTING BOARD OF GOV- cluded in this bill. And, as I said, the ERNORS, UNITED STATES OF AMER- that he kept his commitment. He saved board oversees more than the European ICA, them money. Like in that movie, radios, so they will have plenty to do Washington, DC, June 17, 1997. ‘‘Show me the money.’’ You saved after privatization. The others are not Hon. JESSE HELMS, them the money. Now, move on, Sen- part of the privatization scheme. Chairman, Committee on Foreign Relations, ator. There ain’t no more money to Keep in mind the overarching ration- U.S. Senate. save unless you are eliminating all of ale for privatization. It is, hey, we Hon. JOSEPH R. BIDEN, Jr., the radios. And if you move them into Committee on Foreign Relations, don’t need this message going into U.S. Senate. the State Department, which your Eastern Europe or Central Europe or DEAR CHAIRMAN HELMS AND SENATOR amendment would do, that will be the the former Soviet Republics. BIDEN: I have been advised of the provisions effect. I want to tell you, I sure would like related to international broadcasting con- I asked my colleague, because we are that message going into Byelarus. I am tained in Division B of S. 903, the Foreign Af- good friends, I asked, how long are you

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5747 going to go on this? He said, well, I am cumstances, putting in place a set of more complicated than it used to be, going to make my points and then go circumstances, that will allow the involving a lot of different forums for as long as required to have to respond abuses that took place before to come different ideologies, different constella- to your responses. I said, you mean if I around again. I am not being smart tions in power. But there are also dif- don’t keep responding, you won’t re- when I say this, but you, Senator FEIN- ferent technologies, technologies that spond? GOLD are going to be here. The likeli- did not exist at the time the assump- I think he implicitly said yes. So I hood of that happening with you sit- tions that the Senator from Delaware am going to stop responding to his re- ting here in this Chamber and with it was speaking about were made. Things sponses in the hope that he will stop sitting out there by itself is zero, un- like the BBC, things like CNN, things responding and we can get on with the less all of a sudden you go back to Wis- like the Internet. vote. Hopefully, the vote will be like it consin and decide that you don’t like That is not to say that radios do not was in the Senate Foreign Relations your—and I mean this positively—your have an important role, and perhaps a Committee, overwhelmingly, a major- crusade for fiscal responsibility any- unique role, as you were indicating, in ity of Democrats and majority of Re- more. a number of these situations. But, Mr. publicans staying committed to the I pointed out in the beginning, one President, it is a different world than savings he has initiated and staying thing I have found out about you is the world that required us to set up committed to the radios. your tenacity. I can’t believe there is Radio Free Europe and Radio Liberty I yield the floor. any reasonable prospect that the sce- in the way that we did as a surrogate The PRESIDING OFFICER (Mr. nario you fear has any prospect of oc- radio. ALLARD). The Senator from Wisconsin. curring while you are here. I don’t Who is to say that we cannot at this Mr. FEINGOLD. Mr. President, I am think it is occurring period, but in point, without using Federal dollars, enjoying this debate and also enjoying terms of what is likely to happen, I have our official Government broad- the Senator’s command of popular cul- don’t want to be a board member when casting done by the Voice of America ture. I think this has been a very in- they come back and tell you, ‘‘By the and then have these alternatives that structive thing for me over the past way, we’re not privatizing,’’ and ‘‘By we have described function as they are few years to work with him on this. I the way, we want more money,’’ and doing and didn’t in the past, such as admire his passion. It is born of a lot of ‘‘By the way, we’re increasing our sala- BBC, CNN and the Internet and then, experience and knowledge of foreign ries,’’ all of which would have to come yes, perhaps, and here I actually do not policy over the years, to which I defer. through here. disagree with the Senator from Dela- So I do respect him on this and appre- I will argue again, if it is buried in- ware, perhaps have a fully privatized ciate the kind words about the savings side the State Department, you have a Radio Free Europe and Radio Liberty, we have achieved. The Senator is right. much better chance of it occurring a fully privatized Radio Free Asia, and And I do try to be straightforward. The there than if it is sitting out in the whatever else can be established, be a Senator from Delaware would say, in cold light of day, and I mean that sin- part of that combined effort to make fact, he is correct. We have made those cerely. sure that people who live under any savings working together, including Mr. FEINGOLD. Mr. President, to an- kind of authoritarian government, with the chairman, whose good support swer the Senator’s question, I appre- such as China or any other type of gov- also made that possible. ciate his very positive political prog- ernment like that, whether Communist That is a victory that we can be nosis for me, and I hope he is right. I or not, would have the opportunity to happy about. But I can’t just look at would rather not, after all the work I get the information they need? this bill and feel this is the end of the have done on this and all the work he Mr. President, what the Senator from story. Whatever analogy you want to has done on this, simply leave this Delaware has really pointed out by his use, winning the inning but not win- issue to the hope that I or others in the excellent description is what I said ning the game, it is not terribly satis- future will have the time, the energy from the beginning. This Radio Free fying if you achieve something and and the interest to focus on this par- Europe and Radio Liberty, as a Govern- then find out a few years later that you ticular matter. There are so many ment-funded entity, not as an entity set up a scenario—not a fact, I again things we need to work on to cut the on its own, but as a Government-fund- give you that, but a scenario—where fat out of the Federal Government. It ed entity, based on the notion of a need you have the feeling that it might is incredible. for a surrogate, is a cold-war relic. The come undone, that there is a good We go home and tell people we fi- concept of the surrogate that is some- chance it will come undone. Because nally passed a bipartisan balanced how a part of the Government but not we are making what appear to be the budget, and they look at us skep- really part of the Government is, in my same mistakes that were made in the tically. The first thing I say to them is, view, a relic. It is a fact and important past, in terms of how this was set up, ‘‘Don’t kid yourself, there is still an part of the history of the 20th century. that led to the abuses, that led to the awful lot of fat in Washington, an in- It is not a guidepost for the 21st cen- need for the agreement that the Sen- credible amount.’’ The energy it takes tury. ator and I put together several years to focus on this one particular piece But the most important point is this. ago. and clean it up is very, very taxing. I The Senator cleverly tries to take the It reminds me of the expression, I can’t simply hope that my own ability argument as to whether or not I think still can’t find out who said it, I don’t to pursue this will last forever. radios are needed for freedom. I am not know if it was President Reagan or Let’s face it, these radios have been necessarily disputing that at all. Let’s President Bush, something along the there for 50 years. I know there are for the sake of argument agree that lines that ‘‘the only thing that is im- Members here who approach that kind some kind of radios of this kind are a mortal in Washington, DC, is a Federal of tenure, but for most of us, we have part of the constellation of services agency,’’ this concern that somehow to try to set something up that we and technologies that are needed for we can’t ever wean ourselves from the hope will last after we are gone. freedom. The question here today is structure of an independent agency, This is relevant to an interesting whether we need an independent, feder- that once they exist they have their point that the Senator from Delaware ally funded agency to get that job own constituency and they exist for- was making where he eloquently out- done, this sort of hybrid that claims to ever. lined the past, the important role that be independent but, obviously, isn’t be- Mr. BIDEN. Will the Senator yield Radio Free Europe and Radio Liberty cause it is funded by the taxpayers and for one point on that? played during the cold war. But in so the President of the United States ap- Mr. FEINGOLD. I yield for a ques- doing, he made an interesting comment points the board. This isn’t independ- tion. about how things are different now. He ence. No one thinks it is independence, Mr. BIDEN. Mr. President, again, the said ‘‘We have gone from cold war to although, yes, as the Senator from Senator is always straightforward. He chaos.’’ I think that was well said. Delaware points out, perhaps during indicates he worries that this is a sce- But the problem is that this new the heart of the cold war, in that con- nario for reenacting a set of cir- world that we are living in is much text at that time, there may have been

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5748 CONGRESSIONAL RECORD — SENATE June 17, 1997 this mythical distinction which I ques- to a better situation. That is the his- tion, is compelling. It is an image that tion just how many people actually be- tory, two different scenarios: the has captured millions over the decades. lieve. record, when it was independent, which Distribution of radio sets and lit- So the question here isn’t do we need is one of terrible fiscal abuse, and the erature can play as important a role in the radios—let’s concede that for the record since it was put under another the fight for freedom as the aircraft, moment—the question is, do we need a department under the USIA, which ev- tanks, and ships on which we expend new independent agency to run the ra- eryone has conceded has been much billions of dollars. dios when the Senator himself just said better. The post-cold-war era coincides with this whole thing is supposed to be com- Mr. President, I strongly suggest we the explosion in what has come to be pletely privatized by 1999 anyway. How should avoid this step of creating a new known as the ‘‘Information Age.’’ As important can it be to have an inde- Federal agency. I yield the floor. portable and home computers become pendent agency to do this funded by Mr. BIDEN addressed the Chair. more readily available, the ability to the Federal Government when he him- The PRESIDING OFFICER. The Sen- disseminate information has reached self just said we are going to privatize ator from Delaware. levels previously only imagined. It is the whole thing by 1999? Mr. BIDEN. Mr. President, I always very important that the United States What it comes down to is this. The enjoy debating my friend from Wis- not ignore this potential in the con- Senator from Delaware has given a consin. It has been a hundred years tinuing fight for self-determination great speech, a very accurate speech, since I have been a trial lawyer, but and democratization. but it is most appropriately a speech one of the things a fellow I used to I remain a strong supporter of the given to people in this country who work for, a great trial lawyer in Dela- public diplomacy activities of the U.S. Government. It is true that the end of have a lot of money, who want to pri- ware named Sid Balick, used to say the cold war has diminished the need vatize and pay for a privatized Radio was, when you have said what you for Radio Free Europe. It has not, how- Free Europe and Radio Liberty. That is wanted to say, you made the points the ever, eliminated that need, as political to whom these words should be spoken, best you can, it is best to sit down. I turmoil in Albania and the ongoing yield the floor. people like Steve Forbes who would be problems in Bosnia-Herzegovina, as able to put in this kind of money and is Mr. MCCAIN. Mr. President, I rise today to speak in support of the public well as in Serbia itself, attest. Further- interested in it. That is who should more, while I am a strong supporter of diplomacy conducted by the United hear the plea, not the U.S. taxpayers maintaining open ties with China, in- States Information Agency, which, who have paid enough already in this cluding in the area of trade, the advent under the terms of the legislation be- area. of Radio Free Asia is an essential ele- fore us, will be folded into the Depart- Let’s just review the facts about ment in our long-term effort at facili- independence and lack of independence. ment of State, USIA, as we are all tating a transformation in that coun- Fact: The Board for International aware, oversees the Voice of America try toward a more liberal political sys- Broadcasting was an independent agen- and, more recently, Radio Free Europe/ tem characterized by free speech. cy, and during its tenure as an inde- Radio Liberty. The bill currently before us restruc- pendent agency, there were horrible It has often been pointed out that, tures our public diplomacy apparatus revelations of fiscal abuse. That is the after the guns fall silent, the United to both streamline the bureaucracies fact. The Senator from Delaware says, States rushes to disarm. Many in this and ensure their continued vitality and what would you rather have, an agency chamber would argue that such disar- independence. Those are worthy goals that stands out there alone or one that mament is being undertaken once deserving of our support. While I am is in the State Department? The fact again in the wake of the demise of the concerned about the effort to retain is, when the Board for International Soviet Union and consequent end to Radio Free Europe/Radio Liberty with- Broadcasting stood alone, that is when the cold war. We are not here, however, in the U.S. Government rather than the huge abuses, the $200,000 and to debate issues of military strategy privatize it as directed in the Foreign $300,000 salaries paid by the American and force structure. That discussion Relations Authorization Act for fiscal taxpayers, occurred, when it was inde- will take place in the near future when years 1994–1995, the attention afforded pendent. the defense authorization bill comes to public diplomacy in the State Depart- Fact No. 2: That there has been a the floor. ment authorization bill for fiscal year time period when this board was not The issue I wish to address today, 1998 is highly commendable. independent, when, under our agree- however, is closely related to the phe- Public diplomacy remains an impor- ment, it went under the United States nomenon involving large-scale reduc- tant instrument of our foreign policy. Information Agency. And what hap- tions in the size and aggregate capa- The free flow of information will never pened during that tenure when it was bility of our Armed Forces in times of wane as an essential element of our na- not independent, when it was super- peace. There is another element to tional security apparatus. Truth re- vised, when it did have to submit its what has been called the arsenal of de- mains the greatest enemy of tyranny, budget to the head of USIA? What hap- mocracy that is vital to our national and until liberal democracies are firm- pened is we achieved these things, we defense, yet which receives little atten- ly entrenched in every country of every achieved these efficiencies. That is tion and operates with minimal fund- region of the world, we must continue when it happened. ing. That instrument of foreign policy to support such activities. So I will go with the same test the is public diplomacy—the conveyance of Mr. HELMS addressed the Chair. Senator from Delaware has suggested: accurate, objective news to people who The PRESIDING OFFICER. The Sen- When it was on its own, it failed and otherwise are not exposed to a free flow ator from North Carolina. was abusive; when it has been under of information, who have the misfor- Mr. HELMS. I inquire of the Senator the supervision of another agency that tune of living in countries ruled by dic- if he desires a rollcall vote on this? is dedicated to controlling it, it has tatorial regimes. Mr. FEINGOLD. Mr. President, I been under control. We cannot simply Mr. President, there is little that an would like a rollcall vote. Mr. HELMS. Very well. I ask for the create a new pleader here in the form authoritarian or totalitarian govern- ment fears as much as the dissemina- yeas and nays, Mr. President. of a new Federal agency. It will need The PRESIDING OFFICER. Is there a tion of truth. Whether broadcasts into its own staff and personnel. The Sen- sufficient second? ator from Delaware says it won’t be re- German-occupied France or Radio Free There appears to be a sufficient sec- quired to, but it is allowed to. Europe and Radio Liberty trans- ond. I simply cannot understand how any missions behind the Iron Curtain, the The yeas and nays were ordered. of us believe after the record of Radio truth is a powerful weapon when wield- Mr. HELMS. I suggest the absence of Free Europe and Radio Liberty under ed with fortitude in the struggle a quorum. the Board for International Broad- against tyranny. The images of individ- The PRESIDING OFFICER. The casting, that letting it be free—subject uals and families hiding in darkened clerk will call the roll. only to appointment and confirmation basements, gathered around a radio, The legislative clerk proceeded to hearings—that somehow that will lead volume kept low so as to avoid detec- call the roll.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5749 Mr. HELMS. Mr. President, I ask I further announce that the Senator Several Senators addressed the unanimous consent that the order for from South Dakota [Mr. JOHNSON] is Chair. the quorum call be rescinded. absent attending a funeral. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without I also announce that the Senator ator from North Carolina is recognized. objection, it is so ordered. from South Dakota [Mr. DASCHLE] is Mr. HELMS. Mr. President, the reg- Mr. HELMS. Mr. President, I have absent due to a death in the family. ular order would bring up the Sarbanes the greatest respect for the Senator The PRESIDING OFFICER. Are there amendment. We have worked that out. from Wisconsin. I think he knows that. any other Senators in the Chamber de- I think we have two others that we are I know his mother-in-law and I put in siring to vote? willing to accept and are agreeable to every personal reference I can, but he The result was announced—yeas 21, accept. That would be Senator DAN is simply wrong on this. He is oper- nays 74, as follows: INOUYE on the East-West Center and ating in perfectly good faith, but this The result was announced—yeas 21, Senator SMITH of Oregon on China. is wrong. This provision does not cre- nays 74, as follows: I ask unanimous consent that it be in ate a new Government agency. What it [Rollcall Vote No. 104 Leg.] order for those three to be handled in does is simply keep a current function YEAS—21 tandem. of USIA and move the rest of them out. Baucus Feingold Moseley-Braun Mr. SARBANES. Mr. President, is It is the only thing left. Bingaman Harkin Reed the Sarbanes amendment now pending? The radios—Radio Free Europe and Boxer Kennedy Reid The PRESIDING OFFICER. Is there Radio Liberty and Radio Free Asia and Bryan Kerrey Rockefeller Bumpers Kerry Sarbanes objection to the unanimous-consent re- Radio Free Iran, the Voice of America Conrad Kohl Wellstone quest by the Senator from North Caro- and the Cuban radio, Radio Marti—will Dorgan Leahy Wyden lina? be separate from the Department of NAYS—74 The Senator from North Carolina has State. No new missions are created, no Abraham Feinstein Lugar sought consent to consider these new bureaucracies are established. We Akaka Ford Mack amendments in the following order: simply maintain the independence and Allard Frist McCain The Senator from Maryland, Senator Ashcroft Glenn editorial integrity of the already-exist- McConnell SARBANES; the Senator from Hawaii, Bennett Gorton Mikulski ing radios. Biden Graham Senator INOUYE; and the Senator from Warnings that this bill will return us Moynihan Bond Gramm Murkowski Oregon, Senator SMITH. to the old age of corruption and mis- Breaux Grams Murray Is there objection? management are simply not so. As a Brownback Grassley Nickles There being no objection, it is so or- Burns Gregg Robb matter of fact, I was dealing with these Byrd Hagel dered. Roth radios a long time before the Senator Campbell Hatch Santorum The Senator from Maryland is recog- Chafee Helms came to the Senate. As the saying Sessions nized. goes, I fought the Battle of Jericho Cleland Hollings Coats Hutchinson Shelby AMENDMENT NO. 393, AS MODIFIED many times on this and generally I Cochran Hutchison Smith (NH) Mr. SARBANES. Mr. President, I Smith (OR) won. Collins Inhofe send a modification of my amendment Coverdell Snowe This bill simply extends the author- Inouye to the desk. ity of the State Department inspector Craig Jeffords Specter D’Amato Kyl Stevens The PRESIDING OFFICER. The Sen- general giving the inspector general DeWine Landrieu Thomas ator has that right. full oversight over the radios and the Dodd Lautenberg Thompson The amendment will be so modified. Thurmond entire bureau of broadcasting and gives Domenici Levin The amendment (No. 393), as modi- the Under Secretary of State for Public Durbin Lieberman Torricelli Faircloth Lott Warner fied, is as follows: Diplomacy a permanent seat on the NOT VOTING—5 On page 160, strike line 21 and all that fol- broadcasting Board of Governors, en- lows through line 7 on page 162, and insert in suring that their management will Daschle Johnson Roberts lieu thereof the following: ‘‘international or- Enzi Kempthorne come under the scrutiny of the State ganizations under the heading ‘Assessed Con- Department. And under this legisla- The amendment (No. 395) was re- tributions to International Organizations’ tion, the Director of broadcasting will jected. may not exceed $900,000,000 for each of fiscal serve not at the pleasure of the board, Mr. HELMS. Mr. President, I move to years 1999 and 2000.’’ as he does today, but rather at the reconsider the vote. Mr. SARBANES. This modification pleasure of the President with the ad- Mr. FORD. I move to lay that motion has been worked out with the man- vice and consent of the Senate. on the table. agers of the bill. I appreciate their ac- Lastly, I have heard from the head of The motion to lay on the table was commodation on this. every one of these radio entities. And agreed to. Mr. HELMS. Mr. President, I urge ap- to a man, to a woman, they are op- Mr. LOTT. Mr. President, I want to proval of the amendment. posed to the Senator’s amendment. say how much I appreciate the good The PRESIDING OFFICER. The Mr. President, I am tempted to move work that has been done on this legis- question is on agreeing to the amend- to table, but because of my affection lation. It is truly a bipartisan com- ment, as modified. for the distinguished Senator I shall promise. The distinguished chairman The amendment (No. 393), as modi- not do that. I will let him have an up- and ranking member, the Senator from fied, was agreed to. or-down vote. Delaware, have really worked hard and Mr. HELMS. Mr. President, I move to I thank the Chair. And we may pro- have come together, I think, on a good reconsider the vote. ceed to a vote. bill. It is obvious that the bill is going Mr. BIDEN. I move to lay that mo- The PRESIDING OFFICER. Is there to be supported by the overwhelming tion on the table. further debate on the amendment? If votes that we have seen here today. The motion to lay on the table was not, the question is on agreeing to It is important that we finish this agreed to. amendment No. 395. The yeas and nays bill tonight. There are not a lot of The PRESIDING OFFICER. The Sen- have been ordered. The clerk will call amendments left. I hope that the Sen- ator from Hawaii is recognized. the roll. ators who have amendments they are AMENDMENT NO. 376, AS MODIFIED The legislative clerk called the roll. seriously interested in will come to the Mr. INOUYE. Mr. President, I send a Mr. NICKLES. I announce that the floor right away and talk to the chair- modification of my amendment to the Senator from Wyoming [Mr. ENZI], the man so that we can finish this up in desk. Senator from Idaho [Mr. KEMPTHONE], the next hour and a half or 2 hours. The PRESIDING OFFICER. The Sen- and the Senator from Kansas [Mr. ROB- I thank the Senator from Kentucky, ator has that right. The amendment is ERTS] are necessarily absent. who is acting as leader in the absence so modified. Mr. FORD. I announce that the Sen- of our good friend, Senator DASCHLE. The amendment (No. 376), as modi- ator from South Dakota [Mr. DASCHLE] Let’s really stay behind this and see if fied, is as follows: and the Senator from South Dakota we can’t finish in the next couple of At the end of section 1301 of the bill, insert [Mr. JOHNSON] are necessarily absent. hours. I wanted to make that point. the following new paragraph:

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5750 CONGRESSIONAL RECORD — SENATE June 17, 1997 (C) CENTER FOR CULTURAL AND TECHNICAL inces met in Huaian, Jiangsu Province. Pub- the-Senate amendment, that will focus INTERCHANGE BETWEEN EAST AND WEST.— lic Security Bureau personnel broke up the on the issue of religious persecution in There are authorized to be appropriated no meeting, beat several participants, impris- the People’s Republic of China. Specifi- more than $10,000,000 for fiscal year 1998 and oned several of the organizers, and levied se- cally, it says that: no more than $10,000,000 for fiscal year 1999. vere fines on others; Mr. INOUYE. Mr. President, this —in April 1996 government authorities in It is, therefore, the sense of the Senate that: modification has been cleared and ap- Shanghai closed more than 300 home church- es or meeting places; (1) the government of the People’s Repub- proved by the Senator from Minnesota —from January through May, 1996, secu- lic of China be urged to release from incar- [Mr. GRAMS], and the distinguished rity forces fanned out through northern ceration all those held for participation in managers of the measure. Hebei Province, a Catholic stronghold, in religious activities outside the aegis of offi- Mr. HELMS. Mr. President, I urge ap- order to prevent an annual attendance at a cial churches, and cease prosecuting or de- proval of the amendment. major Marian shrine by arresting clergy and taining those who participate in such reli- The PRESIDING OFFICER. The lay Catholics and confining prospective gious activities; question is on agreeing to the amend- attendees to their villages. (2) the government of the People’s Repub- —a communist party document dated No- lic of China be urged to abolish its present ment, as modified. vember 20, 1996 entitled ‘‘The Legal Proce- The amendment (No. 376), as modi- church registration process; dures for Implementing the Eradication of (3) the government of the People’s Repub- fied, was agreed to. the Illegal Activities of the Underground lic of China fully adhere to the religious Mr. HELMS. Mr. President, I move to Catholic Church’’ details steps for elimi- principles protected by the United Nations reconsider the vote. nating the Catholic movement in Chongren, Universal Declaration of Human Rights; and Mr. BIDEN. I move to lay that mo- Xian, Fuzhou and Jiangxi Provinces and ac- (4) the Administration should raise the tion on the table. cuses believers of ‘‘seriously disturbing the United States’ concerns over the persecution The motion to lay on the table was social order and affecting [the] political sta- of Protestant and Catholic believers with the agreed to. bility’’ of the country; and government of the People’s Republic of The PRESIDING OFFICER. The Sen- —in March 1997, public security officials China, including at the proposed state visit raided the home of the ‘‘underground’’ ator from Oregon is recognized. by President Jiang Zemin to the United Bishop of Shanghai, confiscating religious States, and at other high-level meetings that AMENDMENT NO. 396 articles and $2,500 belonging to the church; may take place. Mr. SMITH of Oregon. Mr. President, (b) It is, therefore, the sense of the Senate I send an amendment to the desk and that— I believe this amendment has the ap- ask for its immediate consideration. (1) the government of the People’s Repub- proval on both sides. I thank the Chair The PRESIDING OFFICER. The lic of China be urged to release from incar- and the managers of the bill for this ceration all those held for participation in clerk will report. time. religious activities outside the aegis of the The PRESIDING OFFICER. Who The legislative clerk read as follows: official churches, and cease prosecuting or seeks recognition? The Senator from Oregon [Mr. SMITH], for detaining those who participate in such reli- himself and Mr. THOMAS, proposes an amend- gious activities; Mr. FORD. Does the manager want to ment numbered 396. (2) the government of the People’s Repub- pass this amendment? Mr. SMITH of Oregon. Mr. President, lic of China be urged to abolish its present Mr. HELMS. Mr. President, first of I ask unanimous consent that reading church registration process; all, I ask unanimous consent that I be (3) the government of the People’s Repub- added as a cosponsor to the Senator’s of the amendment be dispensed with. lic of China fully adhere to the religious The PRESIDING OFFICER. Without principles protected by the U.N. Universal amendment. objection, it is so ordered. Declaration of Human Rights; and The PRESIDING OFFICER. Without The amendment is as follows: (4) the Administration should raise the objection, it is so ordered. At the appropriate place in the bill, insert United States’ concerns over the persecution Mr. HELMS. I urge adoption of the the following new section, and renumber the of Protestant and Catholic believers with the amendment. remaining sections accordingly: government of the People’s Republic of Mr. FORD. Mr. President, we agree SEC. . SENSE OF THE SENATE ON PERSECUTION China, including at the proposed state visit to the amendment. OF CHRISTIAN MINORITIES IN THE by President Jiang Zemin to the United PEOPLE’S REPUBLIC OF CHINA. States, and at other high-level meetings The PRESIDING OFFICER. If there (a) The Senate finds that— which may take place. is no further debate, the amendment is (1) Chinese law requires all religious con- Mr. SMITH of Oregon. Mr. President, agreed to. gregations, including Christian congrega- one of the threshold rights that we as The amendment (No. 396) was agreed tions, to ‘‘register’’ with the Bureau of Reli- Americans hold dear is the right to to. gious Affairs, and Christian congregations, worship God according to the dictates Mr. HELMS. Mr. President, I move to depending on denominational affiliation, to reconsider the vote. be monitored by either the ‘‘Three Self Pa- of one’s own conscience. It is for that triotic Movement Committee of the Protes- reason that many Christians and peo- Mr. FORD. I move to lay that motion tant Churches of China,’’ the ‘‘Chinese Chris- ple of all faiths are disturbed by news on the table. tian Council,’’ the ‘‘Chinese Patriotic Catho- headlines about the persecution of The motion to lay on the table was lic Association,’’ or the ‘‘Chinese Catholic Christians, specifically, and other reli- agreed to. Bishops College;’’ gious minorities generally in the na- Mr. KERREY. Mr. President, I rise (2) the manner in which these registration tion of the People’s Republic of China. today to discuss my thoughts on the requirements are implemented and enforced State Department authorization bill. I allows the government to exercise direct This body is about to engage in a control over all congregations and their reli- great debate on the issue of China and am afraid that too often we minimize gious activities, and also discourages how the religious minorities of that the importance of legislation that congregants who fear government persecu- great nation are treated by its govern- deals with foreign policy because it is tion and harassment on account of their reli- ment. Many of us are concerned about an issue that fails to capture the inter- gious beliefs; this issue and find it appalling to read est of our constituents. In my opinion, (3) in the past several years, unofficial accounts of the persecution of Chris- this lack of interest is a sign of failure Protestant and Catholic communities have tians in that nation. I, for one, believe on our part to explain to our constitu- been targeted by the Chinese government in ents the importance of sound foreign an effort to force all churches to register that the best way to help China change with the government or face forced dissolu- its internal affairs toward religious mi- policy to their lives. tion; norities is not by escalating a trade At the same time, more and more (4) this campaign has resulted in the beat- war or military competition with people in my home State are coming to ing and harassment of congregants by Chi- them, but rather to engage them and know the importance of trade in devel- nese public security forces, the closure of to focus the spotlight upon this issue oping our economy and creating new churches, and numerous arrests, fines, and in every forum that we can find. I markets for Nebraska agricultural and criminal and administrative sentences. For think businesses have an obligation to industrial products. Essential to a prof- example, as reported by credible American and multinational nongovernmental organi- do that, and I believe we, as U.S. Sen- itable trade environment is a stable zations, ators, have an obligation to do that. diplomatic relationship. It is our State —in February 1995, 500 to 600 evangelical For that reason, today, I rise to offer Department that takes a leading role Christians from Jiangsu and Zhejiang Prov- this amendment, which is a sense-of- in creating the ties that will lead to

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5751 new markets and prosperous trade rela- lion shortfall from the amount re- icy challenges we are certain to face in tions. We must do a better job of ex- quested for international peace- the future. Finally, despite the con- plaining the link between foreign pol- keeping. Finally, the bill reduces cerns I have about our approach, I be- icy and a healthy economy based on ACDA’s authorization level from $46 lieve that this bill will move us toward free trade. million to $39 million. At a time in paying our debts to the United Nations Mr. President, it is also important which we are calling for ACDA to be in- and reestablishing U.S. leadership. that we remember that failure of for- tegrated into the State Department, it SECTION 2108 eign policy can have deadly con- is important that we not shortchange Mr. HELMS. Mr. President, the sec- sequences. Our investment in the State this agency. Each of these funding tion of the Foreign Relations Com- Department and international organi- shortfalls threatens the effectiveness mittee report on S. 903, the Foreign Af- zations such as the United Nations rep- of agencies and calls into question our fairs Reform and Restructuring Act of resents a fraction of the monetary in- commitment to maintaining a strong 1997 (Report No. 105–28), describing sec- vestment required for the United foreign policy. tion 2108 on the Organization of Amer- States to respond militarily to a threat Mr. President, the final section of the ican States was inadvertently left out to our interests that may have been bill, division C, is of particular interest of the printed report. In order to estab- averted through diplomacy, not to and concern to me. Once again, I am lish the legislative history of section mention the investment in human pleased that the Senate has finally 2108 of S. 903, I ask unanimous consent lives. chosen to address the issue of US ar- that a description be in the RECORD. Mr. President, this bill is a signifi- rears to the United Nations, but I am There being no objection, the mate- cant improvement over similar legisla- concerned about the approach that is rial was ordered to be printed in the tion that has come before the Senate in taken in this bill. RECORD, as follows: that it addresses very difficult and con- Mr. President, let me first state that tentious issues with fewer of the con- I fully support U.S. participation in the Section 2108—Organization of American States troversial policy provisions that have United Nations. In helping to create Expresses the sense of Congress that the doomed past legislation. This is not to the United Nations in 1945, the United Secretary of State should make every effort say that this bill is void of provisions States sought to create an organiza- to pay the United States assessed funding levels for the Organization of American that cause me concern, but I am hope- tion of countries that could work to- States (OAS). ful that as the process moves forward gether to achieve common goals. The Committee recognizes the unique rela- these issues will be worked out. Today, the United Nations remains an tionship and importance of the OAS to the Division A of this bill addresses the important forum of consultation and United States. The Committee also notes consolidation and restructuring of our cooperation in which the United States that the OAS is disproportionately reliant foreign policy agencies. Aside from can work with other nations to ad- on the United States assessed contribution, streamlining these agencies, I am vance our interests. However, I fear with the United States providing 59 percent hopeful this legislation will help us that the ability of the United States to of the organization’s assessed budget. construct a foreign policy structure use its power in the United Nations The Committee has encouraged reform of international organizations. The OAS, to its better prepared to respond to the chal- will be jeopardized by our inability to credit, has taken a number of positive steps lenges it will face in the post-cold-war pay our bills. to reform, including establishing an inde- world. By consolidating the Arms Con- I do not disagree with those who push pendent Inspector General, mandating an- trol and Disarmament Agency and the for continued reforms within the nual independent financial audits, estab- U.S. Information Agency into the United Nations. However, I am con- lishing a Unit for the Promotion of Democ- State Department, we are not saying cerned that many of the benchmarks racy, while holding the line on the budget that arms control and public diplo- and conditions contained in this bill and reducing personnel from 1700 to 600. Sec- macy are less important than during play to the unfounded fears of a few in tion 2108 acknowledges the progress made by the OAS in streamlining the institution and the cold war. Instead, we are reaffirm- our society and go too far in dictating maximizing its resources. ing their importance by placing these policy to the United Nations. Mr. The Committee also takes note of the work tasks under the direct control of the President, I do not believe that the of the OAS, especially in promoting demo- Secretary of State. On this point, I United States should put itself in the cratic processes and institutions, most re- would like to praise the administra- position of micromanaging the United cently in Nicaragua and the Dominican Re- tion, the chairman, and ranking mem- Nations. While the United States re- public, and in contributing to reconciliation ber of the Foreign Relations Com- mains the most influential country in in Central America, most notably the work mittee for pursuing a reorganization the United Nations we must recognize of the International Support and plan that will strengthen U.S. foreign the need to work with, rather than dic- Verification Commission (CIAV) in Nica- ragua. policy by strengthening the role of our tate to, the remaining 183 countries. Secretary of State. I do share the con- We in the United States are groping REAUTHORIZATION OF AU PAIR PROGRAM cerns expressed by the administration with our own fiscal problems, we Mr. KENNEDY. Mr. President, sec- and believe that it is important for the should not be so quick to assume we tion 1314 of the State Department au- President and the Secretary of State to have a monopoly on reform. thorization bill reauthorizes the Au have a sufficient amount of flexibility It is for this reason that I supported Pair Cultural Exchange Program in the during the process of restructuring in Senator LUGAR’s amendment. Aside United States Information Agency. order to ensure the greatest amount of from fully funding the $819 million in Over the years, this program has won efficiency and ability to meet the chal- arrears payments over 2 years, Senator broad support in Congress and across lenges of the 21st century. LUGAR’s amendment would have de- the country, helping working families Division B of this bill contains the leted the benchmarks and conditions with their child care needs while pro- authorizations of appropriations for contained in the bill. In my opinion, we viding valuable experience of life in the State Department and related must live up to our international com- America for young men and women agencies. I recognize the fiscal con- mitments or be prepared to face the from overseas. straint under which we are operating, consequences of surrendering our lead- However, earlier this year, the people but I am very concerned by the failure ership role in the world. of Massachusetts were stunned by the of this bill to fully fund our foreign Mr. President, while I have many tragic death of a child in Newton at the policy agencies. While the $6.08 billion concerns, and I believe that this bill hands of a participant in the program. authorized in the bill is close to the could have been crafted in a way that I wrote to USIA immediately, request- $6.15 billion requested by the President, would have further advanced our for- ing an urgent review of current proce- funding levels fall short in several key eign policy goals, on balance I believe dures for screening participants in the accounts. this bill represents a positive step for- program and requesting USIA’s rec- First, this bill authorizes $59 million ward and I will vote in favor of final ommendations for strengthening them. less than was requested by the Presi- passage. By radically reorganizing our As the Senate votes today to approve dent for contributions to international foreign policy apparatus, we better pre- this legislation, USIA is in the process organizations; there is also a $40 mil- pare ourselves to meet the foreign pol- of promulgating new regulations for

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5752 CONGRESSIONAL RECORD — SENATE June 17, 1997 the au pair program which will be pub- service professionals in the field whose insatiable Cold War dinosaur. Jurassic lished in the next few days. I believe work it is to cultivate relationships Park was a terrific movie; but it’s a that these regulations will provide that go beyond government-to-govern- lousy model for foreign policy. greater assurance to the thousands of ment communiques. This legislation addresses that prob- American families who have come to American interests and values will be lem. It creates an outside commission rely on this program that the au pairs served through effective use of the to examine the way America conducts who participate are better trained and international media, the internet, and its international relations and it rein- better screened. I understand that the government broadcasting capabilities forces that effort with parallel study new rules will enhance the training and such as the Voice of America. But we by the Secretary of State. Ultimately, experience requirements for au pairs to must not allow these tools of mass the Secretary, the official with respon- qualify for the program. The regula- communications to become separated sibility for the conduct of our foreign tions should enhance the involvement from the professionals on the ground relations, will reconcile the reviews of American families in selecting the who follow the pulse of the people, and make proposals to the Congress for au pairs to care for their children. In whether in the market or at the Uni- any needed changes. Our goal here is addition, new regulations will ensure versity. American foreign policy needs not just to improve the way we orga- that au pairs are not overworked and engagement, up close and personal, nize foreign policy. It is to improve the are able to participate in educational now more than ever. way we conduct foreign policy. programs that strengthens the cultural And so I am heartened by the efforts Mr. President, the key to continued and educational exchanges at the heart this legislation makes to advance pub- American leadership in the 21st cen- of this important program. lic diplomacy and I encourage my col- tury will be our ability to create more Finally, this program will remain leagues here in Congress, and the Ad- options. Not just to identify the trends under periodic review. In fact, every ministration, to remain focused on the and possibilities that circumstances fifth year, a comprehensive re-exam- importance of the mission at hand present to us, but to create the oppor- ination of the program is required to rather than on the potential for modest tunities for action that reflect our val- determine whether the program will be savings later on. ues and advance our interests. We are continued. In that same vein, Mr. President, I the world’s indispensable country be- These are welcome improvements in also would like to thank Senator cause we are the only nation with the the au pair program. They will benefit LUGAR for introducing in this legisla- resonating ideals, the geographical size American families with child care tion a foreign affairs review process as and location, the economic and mili- needs, and benefit the cultural ex- a necessary corollary to agency reorga- tary strength, and the political and so- change programs that are such an im- nization. Senator LUGAR and I worked cial diversity to make our presence felt portant aspect of ours with other coun- together to craft this approach because and to exert our influence in every cor- tries. This reauthorization is a key we believe it is time to examine sys- ner of the globe. No other nation can part of this overall bill, and I urge tematically what our diplomacy must provide that leadership to the world’s members of the Senate to support it. do for us in the 21st century. The re- democratic nations, the leadership to Mr. LIEBERMAN. Mr. President, I view, which has been endorsed by a shape a world in which our people can rise this afternoon to congratulate large, distinguished, and diverse group pursue their destiny less encumbered Senator HELMS, Senator BIDEN and the of foreign affairs experts and others by the unnecessary divisions among members of the Senate Foreign Rela- with a great deal of public and private the world’s people. We in Congress have tions Committee for the bipartisan international experience, will look at the privilege and responsibility of safe- spirit reflected in the Foreign Affairs the functions of all the federal depart- guarding and enhancing America’s Reform bill, and particularly for their ments and agencies with interests and moral and material leadership around efforts to restructure the foreign af- assets overseas. the world. We do that, in part, by sup- fairs agencies for the 21st century. Some describe the way we do Amer- porting and renewing the agencies and When a proposal to consolidate agen- ica’s business abroad as ‘‘a 40 agency people charged with representing us cies came to the floor last year, I of- conundrum.’’ Dozens of agencies, in ad- overseas. We do that by focusing on fered an amendment that would have dition to State, USIA, AID and the their mission, and giving them the re- struck provisions integrating the other ‘‘traditional’’ members of the sources to carry it out. United States Information Agency into foreign affairs community, pursue sep- This bill is a an important step for- the Department of State. At that time, arate overseas agendas with little co- ward. It recognizes that we need more there appeared to be a serious risk that ordination or cooperation between money for aggressive, smart diplo- the valuable mission of USIA, public them. It is an inefficient and, as the macy—that we cannot continue to con- diplomacy, would be harmed in a con- world continues to change from the duct it on a frayed shoestring. It recog- solidation process overly inspired by a stark East-West split of the Cold War, nizes that our world has changed, and zeal to slash budgets and bureauc- an ineffective way to advance our in- is continuing to change, by directing racies. I will continue to watch this terests and values around the globe. that we begin to conduct our diplo- closely. The end of the Cold War has brought macy more effectively and to begin to Those of us who shared this concern new challenges and opportunities to think seriously about what our foreign are pleased that the effort being made our international relations. We have affairs agencies must be able to do so now will strengthen and not diminish seen how these can erupt into conflicts that the 21st century will not be, in the public diplomacy by keeping the focus that disrupt economic life, produce words of one diplomat, a repeat of the on the team responsible for its con- waves of desperate refugees, threaten 20th century. And by resolving a seri- duct. Despite the wonderful capabili- public health and the environment, and ous, lingering conflict over the UN, it ties of technology, we cannot count on sometimes provoke horrible violence. recognizes that we are an inseperable it alone to carry America’s message to We cannot respond to these new cir- part of the family of nations, and that foreign countries. There will always be cumstances by relying on old methods. we must work to make the only global the problem that Edward R. Murrow Streamlining bureaucracies is an im- organization for this family better— described as taking the message ‘‘the portant step in the right direction. But not withdraw from it. last three feet.’’ we need to do more. It will not serve Mr. GRAMS. Mr. President, this his- What I imagine Murrow meant was our interests to do the wrong things toric, bipartisan deal was the result of that foreign publics will be open to un- more efficiently. We need to look in- arduous, delicate negotiations—nearly derstanding America’s case only when side the organizations themselves to 5 months of painstaking talks with the they know us and respect us, and when see what they do and how they do it. chairman, the administration, Senator we know enough about them to relate We need to evaluate both the necessity BIDEN, and his staff. After all that to their interests and values. This and the manner of their work. Our rep- work, after all that effort, we have suc- means more than shouting at them resentatives overseas often are locked ceeded in hammering out a fragile bi- through technology’s loudspeakers. It in mind-numbing endeavors with no partisan deal—a deal which saves the means ‘‘being there,’’ having foreign discernible value apart from feeding an American taxpayers money, reforms

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5753 our foreign affairs apparatus, and re- that or anything we can do to help, (1) The West’s victory in the Cold War dra- quires much needed reform at the please let us know. matically changed the political and national United Nations. None of us got every- Mr. HELMS. I thank the Senator. security landscape in Europe; (2) The unity, resolve, and strength of the thing we wanted. All of us had to make I yield the floor. Mr. SPECTER. Mr. President, I have North Atlantic Treaty Organization was the concessions. But the result is a pack- principal factor behind that victory; age that, while far from perfect, is conferred with the distinguished chair- (3) The North Atlantic Treaty was signed something we should all be able to live man of the committee and have his in April 1949 and created the most successful with. agreement that I might interrupt, defense alliance in history; I strongly support the U.N. reform since we are about to go into a quorum (4) The President of the United States and measures. These reforms will help the call anyway, to ask unanimous consent leaders of other NATO countries have indi- American taxpayer, and help the inter- for up to 5 minutes to introduce a sepa- cated their intention to enlarge alliance rate piece of legislation. membership to include at least three new national community by creating a countries; United Nations that works. History The PRESIDING OFFICER. Without objection, it is so ordered. (5) The Senate expressed its approval of the shows that reforms at the United Na- enlargement process by voting 81–16 in favor The Senator from Pennsylvania is tions only happen when Congress man- of the NATO Enlargement Facilitation Act recognized. dates those reforms by making its U.N. of 1996. (The remarks of Mr. SPECTER per- (6) The United States is bound by Article payments conditional on the imple- taining to the introduction of S. 923 are mentation of reforms. Consider the re- Five of the North Atlantic Treaty to respond located in today’s RECORD under to an attack on any NATO member as it cent record: Congress withheld funding ‘‘Statements on Introduced Bills and would to an attack on the United States until the United Nations established an Joint Resolutions.’’) itself; Independent Office of Internal Over- Mr. HELMS. Mr. President, we have (7) Although the prospect of NATO mem- sight—and it happened, and Congress about six or eight possible amendments bership has provided the impetus for several withheld funding until the United Na- remaining. Some of them were sub- countries to resolve long standing disputes, tions appointed an inspector general— the North Atlantic Treaty does not provide mitted by staff. We have not heard for a formal dispute resolution process by and it happened. anything from any of the Senators in- Under the terms of this legislation, which members can resolve differences volved. among themselves without undermining Ar- we reduce our regular budget assess- I ask unanimous consent that by 25 ticle Five obligations. ment to 20 percent. We reduce our minutes until 6—which is about 20 min- (b) SENSE OF CONGRESS.—It is the sense of peacekeeping assessment to 25 percent. utes from now—if we have not heard Congress that the North Atlantic Treaty Or- We reimburse the American taxpayers from Senators themselves that they ganization should consider a formal dispute for U.S. assistance to U.N. peace- wish to call up an amendment or an resolution process within the Alliance prior keeping operations. We establish an in- amendment on the list, we will assume to its December 1997 ministerial meeting. spector general in the big three agen- they no longer are interested in such Mrs. HUTCHISON. Mr. President, cies to root out waste, fraud, and cor- an amendment, and we will proceed to this is an amendment that I believe is ruption. We ensure a U.S. seat on the third reading. agreed to by both sides. I am very budget committee. These are some of The PRESIDING OFFICER. Without pleased that both sides have agreed to the conditions which must be accepted objection, it is so ordered. this because it deals with NATO expan- by the United Nations in order to re- Mr. HELMS. Mr. President, I suggest sion and is something that I think will ceive the payment of the $819 million the absence of a quorum. strengthen our ability to expand in arrears. They are not radical; they The PRESIDING OFFICER. The NATO, will make sure that we have are not extreme; they provide a frame- clerk will call the roll. considered many of the potential prob- work for change so the United Nations The bill clerk proceeded to call the lems that could arise, and have a dis- can become more effective. We have roll. pute resolution process to deal with crafted a reform package that is nec- Mr. HELMS. Mr. President, I ask those so that we will not have to call essary. This is a package that will unanimous consent that the order for on Article Five. work. the quorum call be rescinded. As everyone knows, Article Five says This is a historic piece of legislation. The PRESIDING OFFICER. Without that any attack on any NATO country We are dismantling our cold war for- objection, it is so ordered. is an attack on the United States or Mr. HELMS. I ask that the distin- eign relations bureaucracy; we are cre- any of the other NATO allies. guished Senator from Texas be recog- ating a more effective United Nations, We want to make sure that, if there nized to offer an amendment. and we are prioritizing our inter- is a border dispute or some sort of in- The PRESIDING OFFICER. The Sen- ternal dispute within a country or be- national affairs expenditures. We need ator from Texas. a more effective foreign affairs appa- tween two neighboring countries or be- AMENDMENT NO. 397 ratus, both at home and at the United tween any two countries who are mem- (Purpose: To express the Sense of the Con- bers of NATO, we have a dispute reso- Nations, in order to confront the chal- gress that the North Atlantic Treaty Orga- lenges to peace and security in the fu- nization should consider a formal dispute lution process so that we can have a ture. This bill will help us to provide resolution process) way for people to go to the bargaining the structure that we will need for Mrs. HUTCHISON. I send an amend- table, and the process is a binding arbi- America to secure its leadership role in ment to the desk. tration—much like binding arbitration the international arena. The PRESIDING OFFICER. The in labor negotiations in the United Mr. HELMS. Mr. President, we are clerk will report. States—so that rather than have a trying to assemble a list, and there is The assistant legislative clerk read question about whether we are going to a fair hope that we can finish in maybe as follows: be on one side or the other in a mili- an hour, hour and a half if Senators The Senator from Texas [Mrs. HUTCHISON] tary conflict, that we have a process who have made indications that they proposes an amendment numbered 397. that everyone who is a present member have amendments will let us know if Mrs. HUTCHISON. Mr. President, I of NATO and any future members of they really intend to offer the amend- ask unanimous consent that reading of NATO would agree to that would be ments. the amendment be dispensed with. perhaps—this is not in the agreement So while that is working, I will sug- The PRESIDING OFFICER. Without yet—perhaps where each country in the gest the absence of a quorum. objection, it is so ordered. dispute would pick one other country Mr. FORD. If the Senator will with- The amendment is as follows: in NATO as their representative. Those hold that, Mr. President, I understand At the end of title XVI, add the following two representative countries would there are basically no amendments on (and conform the table of contents accord- then pick a neutral representative to this side, maybe a technical amend- ingly:) arbitrate the differences. ment or two. So we are very close to SEC. . SENSE OF CONGRESS REGARDING THE The important thing is there would NORTH ATLANTIC TREATY ORGANI- being ready to move forward with third ZATION. be an agreement for binding arbitra- reading and final passage. So anything (a) FINDINGS.—Congress finds the fol- tion. So, if there was a flare-up be- we can do to encourage others to do lowing: tween two present members of NATO—

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5754 CONGRESSIONAL RECORD — SENATE June 17, 1997 say Greece and Turkey, or a future the terrorism of the Palestinian Au- Arafat had knowledge of the proposed member of NATO, Hungary and Roma- thority, Chairman Yasser Arafat, and I bombing, a terrorist act against the nia, for instance—there would be a way have thought through the possibility of Trade Center in 1993, which resulted in for us to have a process that everyone offering an amendment on this bill. the killing of six United States citizens agreed to before there were new mem- But after consulting with members of and the wounding of many, many more bers added and that could be brought the Administration, I have decided to people, and that, if in fact that allega- into fruition right at the time of the await a remedy of reprogramming, tion is true, then Arafat—Mr. Presi- dispute so that there would not be a with my option remaining to offer this dent, the Senate is not in order. May problem, so there would be no dilution amendment on the foreign aid bill we have the Senate be in order please? of Article Five. which will be marked up in the Appro- The PRESIDING OFFICER. The Sen- So, Mr. President, this amendment is priations Committee this week and of- ate will be in order. a sense of Congress that NATO would fered on the floor sometime in the near Mr. SPECTER. If it is in fact true consider a formal dispute resolution future. But I do want to make a com- that Chairman Arafat had knowledge process and that it would do so within ment or two about it, as to what I of that proposed bombing before it oc- NATO prior to the December 1997 min- think needs to be done on the modifica- curred, that would make him an acces- isterial meeting. It is a sense of Con- tion of U.S. law as it relates to funding sory before the fact and a co-con- gress that says to our NATO allies, for the Palestinian Authority. spirator and subject to extradition let’s sit down and think of all the rami- In existing law, under an amendment under the so-called long-arm statutes fications of the NATO organization as offered by the Senator from Alabama, which we enacted in 1984 and again in 1986. I think that ought to be done. it is now and any future members that Senator SHELBY, and myself, the $500 Upon learning about Chairman Ara- would come in. Let’s look at any of the million in aid to the Palestinians, the fat’s possible knowledge of that bomb- ramifications that might come—a bor- Palestinian Authority is conditioned ing, I wrote to the Attorney General, der dispute, or disputes among coun- on a maximum effort by Chairman Yas- asking for an investigation, received tries—let’s have a process that does ser Arafat and the Palestinians to fight back a vacuous answer from a subordi- not include warfare where everyone terrorism and also to change the PLO nate, wrote again asking for a detailed agrees to abide by the decision as the charter to rescind the provision calling investigation, and I am awaiting a re- process is set. for the destruction of Israel. Certain sponse from the Department of Justice I am very pleased that this sense of events have occurred in the immediate on that point. Congress will be accepted. I think it past which, in my view, raise a ques- The amendment which I have been will strengthen any future members tion as to whether there is compliance considering offering on this bill and coming into NATO. And, frankly, Mr. with the Specter-Shelby amendment may offer on the foreign aid bill would President, best of all, I think it will and whether there is a need for further condition payment to the Palestinian strengthen the alliance as it stands statutory language to act against ter- Authority on the determination by the today because I think this will avoid rorism which has been promoted by the Department of Justice that Chairman many future conflicts. I think the more Palestinians. Arafat was, in fact, not involved, hav- we can do today to settle questions The two specific matters that I have ing prior knowledge of the Trade Cen- that might arise, the stronger this alli- referred to are the bombing of the Tel ter bombing. At the conclusion of my ance will be. Aviv restaurant resulting in the mur- remarks, I will make part of the der of three Israelis and the wounding Mr. President, I do think NATO is RECORD, the exchange of correspond- the best defense alliance in the history of many more on March 21, 1997, where ence on this issue. of the world. I want to keep it strong. Prime Minister Netanyahu made a I then placed a telephone call to So I appreciate the acceptance of this statement that Chairman Arafat had Moshe Peled, the Deputy Minister for amendment. given a green light for that act of ter- Education of Israel, to find out more I urge its adoption. rorism. When Secretary of State, Mad- about his assertions. I found out that Mr. BIDEN addressed the Chair. eleine Albright, was before the Sub- he spoke Hebrew and not English, and The PRESIDING OFFICER. The Sen- committee on Foreign Operations Ap- I spoke English and not Hebrew. Then ator from Delaware. propriations a few weeks ago, I ques- I had one of my deputies, David Brog, Mr. BIDEN. Mr. President, I thank tioned her about that, and she said who speaks Hebrew, talk to him. The the Senator from Texas for stream- that there had not been a green light, upshot of that conversation was that lining her amendment. I appreciate it but said that Arafat had not given a Mr. Peled stood by what had been re- very much. It is acceptable to the mi- red light either. ported but referred us to Israeli au- nority. I do not want to become involved in thorities to find out more about it. I urge its adoption. what shade of amber, what shade of That, obviously, is a matter for the De- The PRESIDING OFFICER. If there red, there is in using the expression of partment of Justice, perhaps for the is no further debate, without objection, ‘‘lights given by Chairman Arafat.’’ Department of State. It is my view the amendment is agreed to. But I believe it is indispensable, if the that before we make these payments, The amendment (No. 397) was agreed United States is to give assistance to there ought to be a certification that to. the Palestinians and the Palestinian Chairman Arafat was not in fact in- Mr. HELMS. Mr. President, I move to Authority, that there be a maximum volved as an accessory before the fact reconsider the vote by which the effort made by the Palestinian Author- nor was he a co-conspirator having amendment was agreed to, and I move ity and by Chairman Arafat to stop knowledge of that matter. to lay that motion on the table. terrorism. Short of that, it is my view In conversations with the Adminis- The motion to lay on the table was that we ought not to be providing U.S. tration, it may be that this objective agreed to. funds. can be achieved by a reprogramming of Mr. HELMS. I suggest the absence of The amendment that I have in my the funds which are going to the Pales- a quorum. hand that I have been considering of- tinian Authority, some $10 million, and The PRESIDING OFFICER. The fering—I have had discussions with the that this would, in fact, not affect clerk will call the roll. distinguished chairman and ranking some of the other funding going to the The assistant legislative clerk pro- member and members of the Adminis- infrastructure, which is not in Chair- ceeded to call the roll. tration—calls for conditioning pay- man Arafat’s control and not in the Mr. SPECTER. Mr. President, I ask ment to the Palestinian Authority on control of the PLO or the Palestinian unanimous consent that the order for the determination by the State Depart- Authority. It may be that my objective the quorum call be rescinded. ment that Chairman Arafat did not act can be achieved without offering this The PRESIDING OFFICER. Without in a way which failed to give a red amendment. objection, it is so ordered. light to stop terrorism. I am informed by the distinguished Mr. SPECTER. Mr. President, I am The second factor of concern to me is Senator from Delaware that my pro- considering pursuing an amendment a report by Deputy Minister of Edu- posed amendment is opposed by the Ad- which would take a firm stand against cation of Israel, Moshe Peled, that ministration, and the President was

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5755 sending a letter over, because it would While I am thanking the Republican the ‘‘most bold and blatant’’ example complicate the peace process. If the staff, I thank JOE BIDEN for his excep- veteran State Department officials Administration is prepared to deal tional cooperation. It has been sort of could recall of the abuse of a diplo- with the Palestinian Authority and an arduous task to do all of the detail matic post. Chairman Yasser Arafat in the context work that had to be done, but he and I I am not going to argue the merits of where there are outstanding allega- and our mutual staffs, our respective Mr. Wood. But the Senate knows very tions that Arafat was an accessory be- staffs, really, spent many, many hours little about Mr. Wood or any other offi- fore the fact or a co-conspirator on the working together, and here we are al- cial with direct responsibility for Tai- Trade Center bombing, then I think the most to the point of asking for third wan affairs, because they do not come Administration is dead wrong. If the reading. before the Senate Foreign Relations Administration is prepared to deal The reason I paused, Mr. President, is Committee for confirmation. with Arafat, give him U.S. money in a that we are finishing a fairly long list In the case of Mr. Wood, it is not for context where he has given a green of en bloc amendments, technical lack of effort on the part of the Senate. light or has failed to put up a red light, amendments, which is not yet ready. In My very good friend and chairman of there again, I think they are dead the meantime, the distinguished Sen- the Foreign Relations Committee, Sen- wrong—maybe totally wrong. Dead ator from Alaska [Mr. MURKOWSKI] is ator HELMS, is very familiar with the wrong would be a bad expression, in the on the floor. I welcome him and yield lack of consultation between the State light of all the people killed by PLO the floor. Department and Congress over Mr. terrorists. Mr. MURKOWSKI. I thank my friend Wood’s appointment. After receiving In any event, I am prepared not to re- for accommodating my schedule. I am information from outside sources re- solve the issue this afternoon in light most appreciative of him allowing a garding the qualifications of Mr. Wood of the fact that we may be able to ac- few moments so that I may offer what for this sensitive post, both Senator complish it by reprogramming and in I assume is the concluding amendment. HELMS and I asked the State Depart- light of the fact that we may be able to The PRESIDING OFFICER. The Sen- ment to allow us to have a meeting bring the matter to a head if it is nec- ator from Alaska. with Mr. Wood before his appointment. essary for the Senate to vote on the AMENDMENT NO. 398 For reasons that have never been made foreign aid bill, which will be up before (Purpose: To establish within the Depart- clear, the State Department did not ar- the Senate in the very near future. ment of State the position of Coordinator range the meeting prior to the appoint- I thank the Chair and I yield the of Taiwan Affairs for the coordination of ment. Instead, Mr. Wood’s appointment floor. United States Government activities relat- was announced while, I believe, the The PRESIDING OFFICER. The Sen- ing to the American Institute on Taiwan) chairman was on the floor debating the ator from North Carolina. Mr. MURKOWSKI. Mr. President, I 1995 version of the very same bill we Mr. HELMS. Mr. President, we are rise to offer an amendment that would are debating today, regarding State awaiting just a few more items of in- increase dramatically cooperation be- Department Authorization. formation to be included. No Senator tween the Congress and Department of It is important to note that our re- has appeared as of 5:35, so it is pre- State on issues relating to Taiwan. quest for consultation was certainly sumed that there will be none. There have been a lot of problems I suggest the absence of a quorum. consistent with the spirit of the Tai- over the last few years relative to Ex- The PRESIDING OFFICER. The wan Relations Act, which is a very un- clerk will call the roll. ecutive Branch-Congressional dealings usual but workable agreement. The The assistant legislative clerk pro- with regard to Taiwan. We had a situa- TRA requires the Committee on For- ceeded to call the roll. tion back in 1993, I think, when Presi- eign Relations to oversee the imple- Mr. HELMS. Mr. President, I ask dent Lee of Taiwan attempted to over- mentation of the act and the oper- unanimous consent that the order for night in Hawaii on a flight from Tai- ations and procedures of the American the quorum call be rescinded. wan that was traversing the Pacific Institute in Taiwan. I repeat that. The The PRESIDING OFFICER. Without Ocean to a Central American destina- act itself requires the Committee on objection, it is so ordered. tion. Unfortunately, that was not han- Foreign Relations to oversee the im- Mr. HELMS. Mr. President, while we dled very well, and I think that it re- plementation of the act and the oper- are waiting for the one remaining flected poorly on U.S. hospitality. I ations and procedures of the American amendment to be offered by the Sen- recognize the sensitivity of the issue, Institute in Taiwan. ator from Alaska, let me pay my re- but, nevertheless, I think most Ameri- Now, ‘‘procedures’’ certainly suggests spects to the young people on the staff cans agree that it was poorly handled an oversight on the Director. Further- of the Senate Foreign Relations Com- by the State Department. more, then Secretary of State Vance at mittee, both Republican and Democrat. The administration, at that time, re- that time assured the Foreign Rela- But I will speak to and about the fused to work with the Congress on this tions Committee in a letter to then young people on the Republican staff, issue until 1994, when an amendment Chairman Frank Church that—and I headed by the one and only Admiral which I offered went to a vote and pre- quote—‘‘the names of prospective James Wilson Nance, moreover known vailed. trustees and officers will be forwarded as Bud Nance, who is the chief of staff More recently, some in this Chamber to the Foreign Relations Committee. If of the committee, a gentleman whom I might remember the controversy cre- the Committee expresses reservations have known since we were little boys ated by the selection of the Director of about a prospective trustee, [the De- in Monroe, and who has built that staff the American Institute in Taiwan, Di- partment of State] will undertake to to one of the best that has ever been in rector James Wood. discuss the matter fully with the Com- charge of the foreign affairs side of the It is important to note that this di- mittee before proceeding.’’ Foreign Relations Committee down rectorship is not a formal ambassa- Well, that is fine. The only problem through the years. dorial position. It is our recognition of is, the State Department did not seem Then there is Tom Klein, himself a the uniqueness, if you will, of the exist- to be able to get around to it. So what remarkable young man; Chris Walker, ence of Taiwan that the President se- I am proposing is that the Senate more he is delightful; Marshall Billingslea, lects a Representative to Taiwan. formally assert, or reassert, I should he is my anchor when the wind begins Mr. James Wood resigned from his say, itself into this process by passing to blow; Ellen Bork, and, yes, she is the position on January 17, 1997. There my amendment, which would require— daughter of him, and I tell him that were various charges and counter- it is very important now, Mr. Presi- the daughter is smarter than he is; Dan charges with regard to foreign con- dent, we get this—require the coordi- Fiske; Garrett Grigsby; Patti McNer- tributions during the election cam- nator for Taiwan affairs, a position ney, who you have seen working so paign, and the legitimacy of that I will that now exists at the State Depart- diligently this afternoon and on pre- leave to the investigators. However, a ment, to simply be subject to Senate vious occasions; Dany Pletka; Marc February 10 Los Angeles Times story confirmation. Theissen; Beth Wilson; Michael quoted a U.S. investigator as saying The administration would maintain Westphal. the variety of allegations constituted the flexibility of the appointment, but

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5756 CONGRESSIONAL RECORD — SENATE June 17, 1997 we would have the opportunity for con- to give a specific answer, except to sug- ‘‘Coordinator for Taiwan Affairs.’’. firmation. gest to you I am confident that she Mr. BIDEN. I ask unanimous consent So let me make it clear. Although I would be willing to come before you in that the Murkowski amendment be would have liked to propose an amend- your capacity as the chairman of that temporarily laid aside. ment that would have made the AIT subcommittee and/or you and the com- The PRESIDING OFFICER. Without Chairman and AIT Director subject to mittee, or you personally, to indicate objection, it is so ordered. Senate confirmation, I have been ad- to you how that process of coordina- Mr. BIDEN. I yield the floor. vised that because of the particular tion would be carried out. But I do not Mr. HELMS addressed the Chair. and unusual nature of the American In- want to put words in her mouth. I did The PRESIDING OFFICER. The Sen- stitute in Taiwan, it would violate the not ask that explicit question. ator from North Carolina. Constitution to make these officers Mr. MURKOWSKI. Maybe if I put the Mr. HELMS. I thank the Chair. subject to advise and consent. Senate in a quorum call very briefly AMENDMENT NO. 399 Instead, therefore, I am trying to at while I talk to the Secretary and see Mr. HELMS. Mr. President, I send to least get more accountability from the what kind of assurance I can get. the desk a series of amendments on be- State Department in our Taiwan pol- Mr. BIDEN. I think that would be ap- half of myself and the distinguished icy. It has nothing to do with the sensi- propriate. I gave your staff her phone Senator from Delaware, Mr. BIDEN, and tivity between Taiwan and PRC. This number. She is literally waiting by the I ask that these amendments be consid- has to do about Senate perogative to phone. ered en bloc. And these en bloc amend- have consent and accountability asso- And I might note, Mr. President, I ments make technical conforming ciated with the process. After all, Tai- have not found, in my 25 years here, a changes to the bill. I understand there wan is our eighth largest trading part- more accommodating Secretary of is no objection to these technical ner. It is an important ally. I think we State. So she is literally waiting for changes to the bill. I now ask unani- should have someone at the State De- your call, as they say. If there is busi- mous consent that these amendments partment who is more accountable to ness we can conduct in your absence— be adopted en bloc. I know that the dis- the Congress as we move forward on I do not know if there is any—if there tinguished Senator from Delaware will important issues like Taiwan’s bid to is, maybe we can do that. be delighted to say OK. join the World Trade Organization. I ask unanimous consent to tempo- Mr. BIDEN. I have no objection, I say Mr. BIDEN. Will the Senator yield? rarily lay aside, if there is an amend- to the Chair. Mr. MURKOWSKI. I urge you to sup- ment—is there an amendment at the The PRESIDING OFFICER (Mr. port my amendment. desk? BROWNBACK). The clerk will report the I would be happy to respond to ques- The PRESIDING OFFICER. The amendment. tions. amendment has not been proposed. The legislative clerk read as follows: Mr. BIDEN. Mr. President, I really Mr. BIDEN. I assure the Senator that The Senator from North Carolina [Mr. have no question, just a statement. after the Senator has his conversation, HELMS], for himself and Mr. BIDEN, proposes I thank the Senator from Alaska for we can go back to this and he can have amendment numbered 399. the way he is handling this. I literally the floor. Mr. HELMS. Mr. President, I ask just got off the phone with the Sec- Mr. MURKOWSKI. Mr. President, unanimous consent that further read- retary of State, who said, knowing you while we are waiting, I offer the ing of the amendment be dispensed were speaking now, that when you fin- amendment for its consideration at with. ished, or at any time that is conven- this time. The PRESIDING OFFICER. Without ient for you, she is willing to person- objection, it is so ordered. ally assure you, and authorized me to The PRESIDING OFFICER. The The amendment is as follows: tell you as well, that she makes a per- clerk will report. sonal commitment that she will co- Mr. MURKOWSKI. And I would pro- On page 108, line 8, before the word ‘‘Direc- pose that we lay it aside after it is tor’’, insert the words ‘‘Attorney General ordinate more closely with you and and the’’. any Member of the Senate on Taiwan read. The assistant legislative clerk read On page 137, line 11, after the word ‘‘the’’, policy in a contemporaneous fashion. insert ‘‘United States Head of Delegation to She is willing to assert that to you. as follows: the’’. I know no one here doubts her word. The Senator from Alaska [Mr. MURKOWSKI] On page 137, line 12, strike ‘‘a resolution’’ But I realize time is close in terms of proposes an amendment numbered 398. and insert ‘‘resolutions’’. the schedule here. But she is prepared Mr. MURKOWSKI. Mr. President, I On page 137, line 13, add after ‘‘Nations’’ and ready and willing to take your call ask unanimous consent that further the words ‘‘and the OSCE’’. On page 77, strike line 24; and and anxious to personally make that reading of the amendment be dispensed On page 78, strike lines 3–4. commitment to you. But she author- with. On page 185, strike lines 24 and 25, and on ized me to be able to say what I just The PRESIDING OFFICER. Without page 186, strike lines 1–6, and redesignate said on the floor. objection, it is so ordered. sections (B) and (C) of section 2211(8), as (A) I thank the Senator for the way in The amendment is as follows: and (B), respectively. which he has concluded to handle this At the appropriate place in the bill, insert On page 23, beginning on line 19, strike matter, and I appreciate the Sec- the following: ‘‘United’’ and all that follows through ‘‘1997’’ on line 20 and insert ‘‘Foreign Affairs Agen- SEC. . COORDINATOR FOR TAIWAN AFFAIRS. retary’s willingness to be available and cies Consolidation Act of 1997’’. contemporaneously discuss these issues (a) IN GENERAL.—Section 6 of the Taiwan On page 26, line 13, insert ‘‘and’’ after the with the Senator from Alaska, who, ob- Relations Act (22 U.S.C. 3305) is amended— semicolon. viously, along with the Senator from (1) by redesignating subsection (c) as sub- On page 47, line 11, strike ‘‘agency’’ and in- North Carolina, I do not know of any section (d); and sert ‘‘Agency’’. two people that have shown a greater (2) by inserting after subsection (b) the fol- On page 63, line 23, strike ‘‘Act’’ and insert lowing new subsection (c): interest in Taiwan than those two of ‘‘title’’. ‘‘(c)(1) There shall be in the Department of On page 70, line 22, strike ‘‘Act’’ and insert my colleagues. State a Coordinator for Taiwan Affairs who ‘‘title’’. Mr. MURKOWSKI. I wonder if my shall be appointed by the President, by and On page 71, line 1, strike ‘‘Act’’ and insert friend from Delaware can advise me with the advice and consent of the Senate. ‘‘title’’. since he recently just talked to the ‘‘(2) The Coordinator shall be responsible On page 72, line 5, strike ‘‘Act’’ and insert Secretary, does he interpret her inten- to the Secretary of State, under the direc- ‘‘title’’. tion to provide an opportunity for the tion of the President, for the coordination of On page 74, line 11, strike ‘‘Act’’ and insert Committee on Foreign Relations to re- all activities of the United States Govern- ‘‘title’’. ment that relate to the American Institute view the potential director so that On page 77, line 2, strike ‘‘Act’’ and insert on Taiwan.’’. ‘‘title’’. there would be some oversight? (b) EXECUTIVE SCHEDULE LEVEL IV.—Sec- On page 86, line 6, insert ‘‘OF’’ after ‘‘JU- Mr. BIDEN. The answer to that ques- tion 5315 of title 5, United States Code, is DICIAL REVIEW’’. tion is, I do not know. I did not ask her amended by adding at the end of the fol- On page 100, line 5, strike ‘‘(a) GRANT AU- that specific question, so I do not want lowing: THORITY.—’’.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5757 On page 102, line 6, insert double quotation acknowledge the tremendous work and terns who have given up their valuable marks immediately before ‘‘(1)’’. help that the chairman and I have re- time. On page 102, line 8, insert double quotation ceived from the staff of the Foreign Re- marks immediately before ‘‘(2)’’. Let me conclude—and I will do it now On page 102, line 10, insert double lations Committee. while we are waiting so that I do not quotation marks immediately before ‘‘(A)’’. On the chairman’s side—he will obvi- take the time of my colleagues. For my On page 102, line 13, insert double ously thank people; and it is usually colleagues who are listening, I am not quotation marks immediately before ‘‘(B)’’. the tradition for us to thank our own holding up your plans. We cannot move On page 102, line 17, insert double staff—but I must tell the chairman anyway until the distinguished Sen- quotation marks immediately before ‘‘(3)’’. that everything he ever advertised On page 113, line 19, strike ‘‘and’’ and in- ator from Alaska finishes his conversa- about Admiral Nance is correct, and tion with the Secretary of State. sert ‘‘or’’. more. I hope he will forgive me for On page 122, line 13, strike ‘‘÷’’. But, Mr. President, the passage On page 156, line 18, strike ‘‘United Nations thanking his staff first on this, but Ad- today—and I am hoping and expecting led’’ and insert ‘‘United Nations-led’’. miral Nance and Tom Kleine, who has that we will pass the Foreign Relations On page 178, line 10, strike ‘‘peace- been sitting with the chairman the authorization —represents a signifi- keeping operation’’ and insert ‘‘United whole time, Patty McNerney and Chris cant bipartisan commitment to the Nations peace operation’’. Walker of his staff have been a pleasure United States’ continued engagement On page 197, line 18, strike ‘‘chapter’’ and to work with. I guess when staffers in the world. insert ‘‘title’’. come up to the Hill they wonder On page 198, line 8, strike ‘‘chapter’’ and whether or not they are going to get to First, the basic authorization legisla- insert ‘‘title’’. tion for the Department of State, the Redesignate sections 1141 through 1151 as deal with the principals. I am probably one of the principals they hope they do U.S. Information Agency, the Arms sections 1131 through 1141, respectively. Control Disarmament Agency and the Redesignate sections 1161 through 1166 as not have to deal with. They have seen sections 1151 through 1156, respectively. more of me than their families over the Peace Corps marks a bipartisan com- mitment to restore funding which will The PRESIDING OFFICER. The last 4 months, but I want to thank enhance our diplomatic readiness question is on agreeing to the amend- them for their consideration. abroad. ment. I would also like to thank the minor- Without objection, the amendment is ity staff. Especially I want to thank We all know that funding for foreign agreed to. my staff director, Ed Hall, who has policy spending is the lowest it has The amendment (No. 399) was agreed had—and this is the way it works here. been in 20 years. Today’s action by the to. It is not sufficient here that the Mem- Senate is a heartening expression of bi- Mr. HELMS. I move to reconsider the bers have a good relationship. It is also partisan support for our diplomats on vote. important that the corresponding the front lines of American engage- Mr. BIDEN. I move to lay that mo- staffs have a good relationship. I know ment abroad. tion on the table. that Ed Hall has an inordinately high We have restored full funding for the The motion to lay on the table was regard for Admiral Nance. I know the State Department’s core missions, agreed to. feeling is mutual. I want to particu- fully funded the education and cultural Mr. HELMS. Mr. President, pursuant larly thank Ed Hall, if you excuse the exchange programs, the National En- to the unanimous consent previously, point of personal privilege here, for dowment for Democracy, the Peace the Murkowski amendment was the agreeing to stay on. He was the former Corps, and international broadcasting. last that qualified under the conditions chairman’s and former ranking mem- We have increased the funding for that were set forth at that time. So no ber’s staff director. And I asked him to Radio Free Asia at a critical time in further amendments will be accepted. stay in that capacity for me, and he that region’s history. We have done a Mr. BIDEN addressed the Chair. was incredibly useful to me, and, great deal. The PRESIDING OFFICER. The Sen- thankfully, he decided to stay on. Second, the Senate has passed land- ator from Delaware. I also want to thank my minority mark legislation that provides a frame- Mr. BIDEN. Mr. President, while we counsel, Brian McKeon. Brian came to work for reorganization of the foreign are waiting for Senator MURKOWSKI to work with me, I might point out, Mr. affairs agency that is totally con- have his conversation, I would ask if President, right out of college, I guess sistent with the plan announced by the the Chair will indulge me for just 2 almost 18 years ago. While he was President of the United States on April minutes here. working with me, he went to law 18. Like the President’s plan, this bill It is remarkable, quite frankly, that school at night. He was a first-rate stu- provides for integration of ACDA with- we have made the progress that we dent at Georgetown, went off to the in the State Department within 1 year, have as rapidly as we have. I want to Court, clerked for the Court, was going the integration of the USIA within 2 publicly thank the chairman, for we to practice law, and I talked him into years, and the partial integration for both stuck with this compromise not- coming back here. And I just want to the Agency for International Develop- withstanding there are individual thank him. He handled all of the de- ment in the State Department. amendments we would have liked to tails of this bill. Additionally, it maintains the cur- have voted for. I want the record to I was kidding the other day, if we rent structure for U.S.-sponsored inter- show that the chairman did the same have an MVP on my side, it is Puneet national broadcasting but keeps it out- thing. Talwar. Puneet was the guy who, along side the Department of State so as to But there is one issue which I realize with Tom on your staff, Mr. Chairman, ensure its journalistic independence. we cannot resolve now, and that is this got stuck with the detailed negotia- issue of whether or not we could work tions on chemical weapons, on the Finally, Mr. President, the Senate out the ability of the administration to U.N., on everything else. And on my enacted a bipartisan comprehensive negotiate how to handle the $107 mil- team, if there is an MVP, Puneet is package—is about to, I hope—which lion that is owed from the U.N. We can- going to get it. provides for payment of $819 million in not do that now, I agree. Mike Haltzel, a professor, has been U.S. arrearages to the United Nations. I just want to suggest to the chair- invaluable to me on European matters. This proposal, Mr. President, will go a man that although I will not change Frank Jannuzi, Munro Richardson, and long way toward restoring the fiscal anything, that between now and the Ed Levine of my staff, and Diana health of the United Nations while dance, now and the conference, we will Ohlbaum, Nancy Stetson, and Janice spurring needed reforms for that world be working hard with the chairman and O’Connell on my colleagues’ staff—that body. his colleagues to see if we can figure is, DODD, KERRY and SARBANES—have Equally important, this agreement, a out some solution to that. But I under- been incredibly helpful to me. bipartisan plan supported by the ad- stand there is no commitment to that I also want to thank Dawn Ratliff, ministration, will allow us to get a at all. Kathi Taylor, and John Lis, who is one very difficult and contentious issue be- As we move toward final passage, Mr. of our fellows, and also thank Ursula hind us so we can move forward on the President, of this bill, I would like to McManus and Erin Logan, and our in- important issues on the foreign policy

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5758 CONGRESSIONAL RECORD — SENATE June 17, 1997 agenda. Ideally, we should not have at- we had a real sit-down meeting, when I The PRESIDING OFFICER. The tached the conditions, but I am a prag- took over this committee for the clerk will report the amendments. matist and I recognize, as does the ad- Democrats, with the chairman of the The legislative clerk read as follows: ministration, that there will be no ap- full committee, and we agreed on the The Senator from North Carolina [Mr. proval of U.N. arrearages in Congress broad outlines of each of our agendas. HELMS] proposes amendments No. 400 absent some conditions, and the condi- The most important one was to make through No. 411, en bloc. tions which the chairman has asked for the committee work and make foreign The PRESIDING OFFICER. Without are reasonable. policy function and be a positive force. objection, the amendments are agreed So we had a choice. We can continue He has kept every one of those commit- to. to press unconditional payment for ar- ments. He has won some and lost some. The amendments (Nos. 400 through rearages and let this issue fester for I have won some and lost some. But I 411) were agreed to, en bloc, as follows: another Congress or agree to a reason- think the Nation is better served for it. AMENDMENT NO. 400 able set of conditions that permits us I conclude, Mr. President, with this (Purpose: Relating to the Japan-United to pay our debts. I believe the action last comment. If Senator HELMS and I States Friendship Commission) the Senate is about to take will be a had come to the floor in January and After appropriate place in the bill, insert correct decision, one in the best inter- said to this body, ‘‘By the way, by mid- the following: ests of the United States. It has been a summer we will present to you a bipar- SEC. . JAPAN-UNITED STATES FRIENDSHIP COM- long time and it is time to end the tisan plan on the floor of the five most MISSION. (a) RELIEF FROM RESTRICTION OF INTER- long-festering feud between the United contentious issues to face the U.S. Sen- ate in foreign policy,’’ I think you CHANGE-ABILITY OF FUNDS.— Nations and Washington and our un- (1) Section 6(4) of the Japan-United States paid back dues, and it is time to bring would have thought that it was time for both of us to leave because we Friendship Act (22 U.S.C. 2905(4)) is amended up needed reform to that world body so by striking ‘‘needed, except’’ and all that fol- might have been certifiable. We knew it can more efficiently perform its mis- lows through ‘‘United States’’ and inserting we could do that, and with the great sions. It is time to move forward to- ‘‘needed’’. help of the staff that I have mentioned, gether to restore the bipartisan com- (2) The second sentence of section 7(b) of we have been able to do that, and with the Japan-United States Friendship Act (22 mitment to the United States which the cooperation and assistance of the U.S.C. 2906(b)) is amended to read as follows: has been part of that Nation’s proud administration. ‘‘Such investment may be made only in in- heritage for 50 years. So I want to thank the President for terest-bearing obligations of the United Mr. President, the people in my committing his administration to deal States, in obligations guaranteed as to both State—small, I acknowledge—are used forthrightly and in detail with us, and principal and interest by the United States, to bipartisanship. Senator ROTH and I I want to thank the chairman and his in interest-bearing obligations of Japan, or in obligations guaranteed as to both prin- are close political allies and friends. staff for accommodating an arrange- Our lone Congressman MIKE CASTLE, cipal and interest by Japan.’’. ment by which we hammered these (b) REVISION OF NAME OF COMMISSION.— who is a Republican, our Democratic things out. We produced a significant (1) The Japan-United States Friendship Governor, we are all used to getting package here. Neither one of us are Commission is hereby designated as the things done in a bipartisan way in my naive enough to suggest we know what ‘‘United States-Japan Commission’’. Any ref- State. I have always felt if that tradi- will happen, if and when it passes here, erence in any provision of law, Executive order, regulation, delegation of authority, or tion could be carried back to the Sen- with any degree of certainty, but we ate, it would better serve our Nation. other document to the Japan-United States each kept our commitment to one an- Friendship Commission shall be deemed to I want to say I did not doubt it, but other. I think the body, based on the I am sure a number of neutral observ- be a reference to the United States-Japan votes we have seen today, I hope it re- Commission. ers would have doubted it, the Sec- flects the feeling on the part of our col- (2) The Japan-United States Friendship retary of State is not only a friend of leagues that we have, that a bipartisan Act (22 U.S.C. 2901 et seq.) is amended by the chairman, so am I. The idea that foreign policy is in the best interests of striking ‘‘Japan-United States Friendship JOE BIDEN, a Democratic Senator from the United States. Commission’’ each place it appears and in- Delaware, and JESSE HELMS, a Repub- serting ‘‘United States-Japan Commission’’. I again thank the chairman, and I (3) The heading of section 4 of the Japan- lican Senator from North Carolina, yield the floor. I will not say any more could operate in this way does not sur- United States Friendship Act (22 U.S.C. 2903) at the end of the process after Senator is amended to read as follows: prise either of us, but I am sure it sur- MURKOWSKI comes out. ‘‘UNITED STATES-JAPAN COMMISSION’’ prises the living devil out of an awful Mr. HELMS. I thank the distin- (c) REVISION OF NAME OF TRUST FUND.— lot of other people. guished ranking member of the com- (1) The Japan-United States Friendship I am reminded of something that was mittee, and I look forward to working Trust Fund is hereby designated as the said to me once by Jim Eastland. It is with him. He is a good guy. ‘‘United States-Japan Trust Fund’’. Any ref- a true story. I was in a difficult cam- AMENDMENTS NOS. 400 THROUGH 411 erence in any provision of law, Executive paign fight in the late 1980’s, and I saw Mr. HELMS. Mr. President, I send to order, regulation, delegation of authority, or Chairman Eastland. I was flunking, the desk a series of amendments which other document to the Japan-United States you might say, what I call the slope-of- have been agreed to on both sides of Friendship Trust Fund shall be deemed to be a reference to the United States-Japan Trust the-shoulder test. When you ask a can- the aisle. These include two amend- didate how they are doing in a race and Fund. ments from Senator MURKOWSKI re- (2)(A) Subsection (a) of section 3 of the they go, ‘‘Oh, I am doing fine,’’ you garding United States-Japan relations, Japan-United States Friendship Act (22 know they are not doing very well. I an amendment offered by Senator GRA- U.S.C. 2902) is amended by striking ‘‘Japan- guess I had that look like I’m losing. HAM of Florida regarding international United States Friendship Trust Fund’’ and The Chairman pulled me aside and aviation safety, an amendment offered inserting ‘‘United States-Japan Trust said, ‘‘JOE, what could Jim Eastland do by Senator ABRAHAM regarding the Fund’’. for you in Delaware?’’ I said, ‘‘Mr. U.S. policy toward China, an amend- (B) The section heading of that section is amended to read as follows: Chairman, in some places you would ment offered by Senator FEINSTEIN re- help and some you would hurt.’’ He garding rule of law in China, an amend- ‘‘UNITED STATES-JAPAN TRUST FUND’’ said, ‘‘I will make a commitment. I ment by Senator D’AMATO regarding will campaign for you or against you, the Middle East, an amendment offered AMENDMENT NO. 401 whichever will help the most.’’ by Senator HOLLINGS regarding em- (Purpose: To state the sense of the Senate on I realize my saying nice things about bassy construction, an amendment by the use of funds in the Japan-United States the chairman may not help him, but I Senator FEINGOLD regarding broad- Friendship Trust Fund) mean it sincerely when I say that he casting, an amendment offered by Sen- On page 118, between lines 16 and 17, insert the following: has been an absolute gentleman. He ator GRAMS regarding victims of tor- has kept his commitment, which I ture, an amendment by Senator SEC. 1215. SENSE OF THE SENATE ON USE OF FUNDS IN JAPAN-UNITED STATES never doubted he would, and this is evi- MCCAIN regarding Vietnamese refugees, FRIENDSHIP TRUST FUND. dence of the fact that if reasonable and an amendment by Senator COVER- (a) FINDINGS.—The Senate makes the fol- men are willing to sit down and talk— DELL regarding narcotics. lowing findings:

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5759 (1) The funds used to create the Japan- (2) According to Amnesty International, change programs between the United States United States Friendship Trust Fund estab- ‘‘A fifth of the world’s people are ruled by a and the People’s Republic of China. lished under section 3 of the Japan-United government that treats fundamental human Mr. ABRAHAM. Mr. President, I States Friendship Act (22 U.S.C. 2902) origi- rights with contempt. Human rights viola- nated from payments by the Government of tions continue on a massive scale.’’. want to thank Senator HELMS for ac- Japan to the Government of the United (3) According to Human Rights Watch/Asia cepting my Sense of the Senate amend- States. reported that: ‘‘Unofficial Christian and ment. This amendment expresses the (2) Among other things, amounts in the Catholic communities were targeted by the sense of the Senate that Congress Fund were intended to be used for cultural government during 1996. A renewed campaign should impose certain, targeted sanc- and educational exchanges and scholarly re- aimed at forcing all churches to register or tions against officials and companies search. face dissolution, resulted in beating and har- working for the Government of the (3) The Japan-United States Friendship assment of congregants, closure of churches, People’s Republic of China. The pur- Commission was created to manage the Fund and numerous arrests, fines, and sentences. and to fulfill a mandate agreed upon by the In Shanghai, for example, more than 300 pose is to express the indignation of Government of Japan and the Government of house churches or meeting points were our country at the abuses of human the United States. closed down by the security authorities in rights going on now in that country, as (4) The statute establishing the Commis- April alone.’’. well as recent attempts by entities sion includes provisions which make the (4) The People’s Republic of China’s com- controlled in whole or in part by the availability of funds in the Fund contingent pulsory family planning policies include Chinese Government to violate Amer- upon appropriations of such funds. forced abortions. ican laws and influence American pol- (5) These provisions impair the operations (5) China’s attempts to intimidate Taiwan of the Commission and hinder it from ful- and the activities of its military, the Peo- icy. filling its mandate in a satisfactory manner. ple’s Liberation Army, both in the United Mr. President, everyone knows that (b) SENSE OF SENATE.—It is the sense of the States and abroad, are of major concern. the Chinese Government is violating Senate that— (6) The Chinese government has threatened basic human rights and international (1) the Japan-United States Friendship international stability through its weapons norms of behavior. The question is, Commission shall be able to use amounts in sales to regimes, including Iran and Iraq, what should the United States do the Japan-United States Friendship Trust that sponsor terrorism and pose a direct Fund in pursuit of the original mandate of threat to American military personnel and about it? Until now the debate has fo- the Commission; and interests. cused almost exclusively on whether (2) the Office of Management and Budget (7) The efforts of two Chinese companies, we should extend or revoke China’s should— the China North Industries Group Most Favored Nation trading status (A) review the statute establishing the (NORINCO) and the China Poly Group [MFN]. It is time, in my view, to move Commission; and (POLY), deserve special rebuke for their in- the discussion out of the MFN ‘‘box’’ (B) submit to Congress a report on whether volvement in the sale of AK–47 machine guns or not modifications to the statute are re- and find common means to achieve to California street gangs. common American goals. quired in order to permit the Commission to (8) Allegations of the Chinese government’s pursue fully its original mandate and to use involvement in our political system may in- Revoking MFN would punish Ameri- amounts in the Fund as contemplated at the volve both civil and criminal violations of cans with higher prices without signifi- time of the establishment of the Fund. our laws. cantly affecting the Chinese Govern- (9) The Senate is concerned that China ment. And it would punish innocent AMENDMENT NO. 402 may violate the 1984 Sino-British Joint Dec- Chinese citizens by withdrawing eco- (Purpose: To express the sense of Congress laration transferring Hong Kong from Brit- nomic opportunities provided by U.S. ish to Chinese rule by limiting political and that aviation safety be placed on the agen- trade and investment. Even in the da for the Summit of the Americas to be economic freedom in Hong Kong. held in Santiago, Chile, in March 1998) (10) The Senate strongly believes time has short term, in my view, we should not At the appropriate place, insert the fol- come to take steps that would signal to Chi- underestimate trade and investment’s lowing: nese leaders that religious persecution, positive impact. Already, writes China human rights abuses, forced abortions, mili- SEC. . AVIATION SAFETY. expert Stephen J. Yates of the Heritage tary threats and weapons proliferation, and It is the sense of Congress that the need for Foundation, Chinese ‘‘employees at attempts to influence American elections cooperative efforts in transportation and U.S. firms earn higher wages and are are unacceptable to the American people. aviation safety be placed on the agenda for free to choose where to live, what to (11) The United States should signal its the Summit of the Americas to be held in disapproval of Chinese government actions eat, and how to educate and care for Santiago, Chile, in March 1998. Since April through targeted sanctions, while at the their children.’’ 1996, when ministers and transportation offi- same time encouraging worthwhile economic Regardless of their views on MFN, cials from 23 countries in the Western Hemi- and cultural exchanges that can lead to posi- sphere met in Santiago, Chile, in order to de- Americans should be able to agree on tive change in China. velop the Hemispheric Transportation Initia- measures pressuring the Chinese Gov- (b) SENSE OF THE SENATE.—It is the sense tive, aviation safety and transportation ernment to stop its current policies of the Senate that the United States standardization has become an increasingly should— while encouraging greater openness in important issue. The adoption of comprehen- (1) limit the granting of United States that country. sive Hemisphere-wide measures to enhance visas to Chinese government offices who The list of objectionable Chinese transportation safety, including standards work in entities the implementation of Chi- Government practices is long. It in- for equipment, infrastructure, and oper- na’s laws and directives on religious prac- cludes religious persecution, abuses ations as well as harmonization of regula- tices and coercive family planning, and those tions relating to equipment, operations, and against minorities, forced abortion, officials materially involved in the massacre military threats and weapons prolifera- transportation safety are imperative. This of Chinese students in Tiananmen square; initiative will increase the efficiency and (2) limit United States taxpayer subsidies tion, and attempts to improperly influ- safety of the current system and con- for the Chinese government through multi- ence American elections. sequently facilitate trade. lateral development institutions such as the Mr. President, to pressure China’s World Bank, Asian Development Bank, and Government to stop these policies AMENDMENT NO. 403 the International Monetary Fund; without punishing average citizens, I (Purpose: Expressing the sense of the Senate (3) publish a list of all companies owned in regarding United States policy toward the have introduced S. 810, ‘‘The China part or wholly by the People’s Liberation Sanctions and Human Rights Advance- People’s Republic of China, and for other Army (PLA) of the Chinese government who purposes) export to, or have an office in, the United ment Act.’’ This bill would implement At the end of title XVI of division B, add States; the findings of the current Sense of the the following: (4) consider imposing targeted sanctions on Senate Resolution. Let me discuss the SEC. . SENSE OF THE SENATE ON UNITED NORINCO and POLY by not allowing them provisions of this bill. Under S. 810, the STATES POLICY TOWARD THE PEO- to export to, nor to maintain a physical pres- United States Government would PLE’S REPUBLIC OF CHINA. ence in, the United States for a period of one refuse visas to human rights violators, (a) FINDINGS.—Congress makes the year; and including high ranking Chinese offi- followings findings: (5) promote democratic values in China by (1) As the world’s leading democracy, the increasing United States Government fund- cials implementing and enforcing di- United States cannot ignore the Government ing of Radio Free Asia, the National Endow- rectives on religious practices. The of the People’s Republic of China’s record on ment for Democracy’s programs in China and same would go for those involved in the human rights and religious persecution. existing student, cultural, and legislative ex- massacre of students in Tianenman

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5760 CONGRESSIONAL RECORD — SENATE June 17, 1997 Square. To allow a proscribed indi- nomic and political liberties we cher- SEC. . Of the amounts authorized to be ap- vidual into the United States, the ish. propriated pursuant to section 1101 in this Act, up to $90,000,000 are authorized to be ap- President would have to send Congress AMENDMENT NO. 404 propriated for the renovation, acquisition written notification explaining why (Purpose: To express the Sense of the Senate and construction of housing and secure dip- this would be in America’s national in- encouraging programs by the National En- lomatic facilities at the United States Em- terest and override United States con- dowment For Democracy regarding the bassy Beijing and the United States Con- cerns about China’s human rights prac- rule of law in China) sulate in Shanghai, People’s Republic of tices. At the appropriate place insert the fol- China. The bill also would require United lowing: Mr. HOLLINGS. Mr. President, I (a) FINDINGS.— States representatives to vote ‘‘no’’ on (1) The establishment of the rule of law is want to thank Chairman HELMS and all loans to China at the World Bank, a necessary prerequisite for the success of Senator BIDEN for accepting this Asian Development Bank, and Inter- democratic governance and the respect for amendment regarding facilities to sup- national Monetary Fund. An exception human rights. port our men and women serving in the would be made for humanitarian relief (2) In recent years efforts by the United United States’ Diplomatic Service in in the event of natural disaster. States and United States-based organiza- tions, including the National Endowment for the People’s Republic of China. In addition, for every dollar a multi- Democracy, have been integral to legal Our United States diplomatic facili- lateral development bank or inter- training and the promotion of the rule of law ties in China are in poor shape. The national family planning organization in China drawing upon both western and Chi- housing is in disrepair and for our gives to China, S. 810 would subtract nese experience and tradition. chancery we occupy a building that out a dollar in American taxpayer (3) The National Endowment for Democ- formerly was used as the Pakistani funding to those bodies. Simply put, in- racy has already begun to work on these Embassy. We spend years training our stead of raising taxes on Americans, we issues, including funding a project to enable diplomatic personnel to be China hands independent scholars in China to conduct re- should stop taxpayer subsidies to the search on constitutional reform issues and who speak Chinese fluently. They are Chinese Government. If China con- the Hong Kong-China Law Database Net- the best and the brightest in our for- tinues its current behavior, it can fund work. eign service. And, then we send them development programs by reducing ex- (b) SENSE OF THE SENATE.—It is the Sense and their families to live and work in penditures on its military and State of the Senate to encourage the National En- substandard facilities. It sends the enterprises. dowment for Democracy to expand its activi- wrong message. The legislation also targets Chinese ties in China and Hong Kong on projects Mr. President, it hurts morale and companies engaged in improper con- which encourage the rule of law, including retention. With the fall of the wall, the study and dissemination of information duct. The Clinton administration al- on comparative constitutions, federalism, these Americans are our front-line— ready has imposed sanctions on two civil codes of law, civil and penal code re- our State Department economic offi- companies found to have sold chemical form, legal education, freedom of the press, cers, our commerce Department com- weapons components to Iran. Top ex- and contracts. mercial officers, our consular officers ecutives from two other Chinese com- who help Americans in distress over- panies—Polytechnologies Incorporated AMENDMENT NO. 405 seas, our Customs Service employees [POLY], and China North Industries (Purpose: Concerning the Palestinian who enforce our trade laws, and other Group [NORINCO]—have been indicted Authority) agency personnel. for attempting to sell automatic weap- At the appropriate place insert the fol- Regardless of what your position is lowing: ons to California street gangs. This bill with China, on human rights or trade, SEC. . CONCERNING THE PALESTINIAN AU- would ban POLY and NORINCO from THORITY. the fact remains that the United exporting to or being physically (a) Congress finds that— States and China have and will have present in the United States for 1 year. (1) The Palestinian Authority Justice Min- one of the most important bilateral re- Even as we implement these tough ister Freih Abu Medein announced in April lationships in the world. The People’s measures, we should maintain valuable 1997, that anyone selling land to Jews was Republic of China is our fifth largest committing a crime punishable by death; interchange with China. That is why (2) Since this announcement, three Pal- trading partner and the Chinese econ- the legislation doubles funding for estinians were allegedly murdered in the Je- omy is growing at over 10 percent per United States-China exchange pro- rusalem and Ramallah areas for, selling real partner and the Chinese economy is grams, Radio Free Asia, and programs estate to Jews; growing at over 10 percent per year. in China operated through the National (3) Israeli police managed to foil the at- They are becoming the preeminent Endowment for Democracy. tempted abduction of a fourth person; geo-political power in Asia. Finally, the legislation requires the (4) Israeli security services have acquired I have raised this issue with former evidence indicating that the intelligence Secretary Christopher and Secretary of President to file an annual report on services of the Palestinian Authority were whether China has improved its human directly involved in at least two of these State Albright. I have discussed it with rights record, including its behavior murders; Ambassador Sasser. They all agree during the transition to Chinese con- (5) Subsequent statements by high-ranking that something must be done to invest trol in Hong Kong. The sanctions sun- Palestinian Authority officials have justified in our facilities to support our people set after 1 year, allowing Congress to these murders further encouraging this in- who are serving in China. This amend- evaluate the situation and determine tolerable policy; ment provides that from within the (b) It is the Sense of the Congress that— whether and in what form sanctions (1) The Secretary of State should thor- total amounts authorized in this bill, should continue. oughly investigate the Palestinian up to $90 million is provided for renova- Mr. President, the United States Authority’s role in any killings connected tion, acquisition, and construction of must stay engaged with China, and with this policy and should immediately re- housing and secure diplomatic facili- trade and investment provide a valu- port its findings to the Congress; ties at the United States Embassy in able avenue for that engagement. But (2) The Palestinian Authority, with Yasser Beijing and the consulate in Shanghai. signaling our disapproval and refusing Arafat as its chairman, must immediately issue a public and unequivocal statement de- It does so without adding additional to subsidize oppressive policies need nouncing these acts and reversing this pol- funds. It requires the Appropriations not interfere with expanding basic icy; committee, on which I serve as ranking interaction between the American and (3) This policy is an affront to all those member on the Commerce, Justice and Chinese people. who place high value on peace and basic State Subcommittee, to actually scrub America can stand with the Chinese human rights; and the budget and find the money and ad- people, and stand by the principles of (4) The United States should rehear the dress this issue. political, religious, and economic lib- provision of assistance to the Palestinian Mr. President, this amendment is the Authority in light of this policy. erty on which our Nation was founded. right thing to do. It is cosponsored by Let’s not punish American and Chinese Senator MURRAY from Washington who families by raising tariffs. Instead, AMENDMENT NO. 406 has been to Beijing recently and who let’s punish specific abuses and encour- At the appropriate place in the bill, insert has seen firsthand the need for mod- age further development of the eco- the following: ernization of facilities.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5761 Again, I thank Chairman HELMS and (1) October 1, 1998, or Because of the problems that had Senator BIDEN for their support. (2) the date of the proposed transfer of plagued the BIB and the role that the functions described in this section pursuant then-BIB inspector general’s office had AMENDMENT NO. 407 to the reorganization plan described in sec- (Purpose: To provide for an independent In- tion 601. played in bringing those problems to spector General for the Broadcasting Board CHAPTER 3—INTERNATIONAL public attention through a series of of Governors) BROADCASTING well-documented reviews, I authored On page 20, beginning on line 4, strike all SEC. 321. CONGRESSIONAL FINDINGS AND DEC- provisions in the 1994 legislation that through page 24, line 8, and insert the fol- LARATION OF PURPOSE. required continuous on-site monitoring lowing: Congress finds that— by the inspector general of the activi- (1) in paragraph (1), by striking ‘‘the (1) it is the policy of the United States to ties of RFE/RL. United States Information Agency’’ and in- promote the right of freedom of opinion and Frankly, Mr. President, I have been serting ‘‘the Broadcasting Board of Gov- expression, including the freedom ‘‘to seek, disappointed at the level of attention ernors’’; and receive, and impart information and ideas (2) in paragraph (2), by striking ‘‘the through any media and regardless of fron- and quality of work that has been pro- United States Information Agency,’’ and in- tiers,’’ in accordance with Article 19 of the vided by the State Department IG serting ‘‘the Broadcasting Board of Gov- Universal Declaration of Human Rights; since that office assumed responsibil- ernors,’’. (2) open communication of information and ities for the broadcasting programs. (c) EXECUTIVE SCHEDULE.—Section 5315 of ideas among the peoples of the world con- History has demonstrated, over and title 5, United States Code, is amended— tributes to international peace and stability over, that these programs have been (1) by striking the following: and the promotion of such communication is fertile grounds for fiscal abuses and ‘‘Inspector General, United States Infor- in the interests of the United States; mation Agency.’’; and (3) it is in the interest of the United States mismanagement. Between 1988 and (2) by inserting the following: to support broadcasting to other nations 1994, the independent IG assigned sole- ‘‘Inspector General, Broadcasting Board of consistent with the requirements of this ly to the BIB produced detailed reports Governors.’’. chapter and the United States International to Congress every 6 months on the (d) AMENDMENTS TO PUBLIC LAW 103–236.— Broadcasting Act of 1994; and problem areas, in addition to a series of Subsections (i) and (j) of section 308 of the (4) international broadcasting is, and United States International Broadcasting special reports that helped identify the should remain, an essential instrument of abuses in the areas of excessive sala- Act of 1994 (22 U.S.C. 6207 (i) and (j)) are the United States foreign policy. ries, deferred compensation, housing amended— SEC. 322. CONTINUED EXISTENCE OF BROAD- (1) by striking ‘‘Inspector General of the CASTING BOARD OF GOVERNORS. allowances, travel improprieties, and United States Information Agency’’ each Section 304(a) of the United States Inter- other problem areas within BIB. place it appears and inserting ‘‘Inspector national Broadcasting Act of 1994 (22 U.S.C. If we are going down the path of re- General of the Broadcasting Board of Gov- 6203(a)) is amended to read as follows: creating the BIB structure, then I ernors’’; and ‘‘(a) CONTINUED EXISTENCE WITHIN EXECU- think it is very important that we (2) by striking ‘‘the Director of the United TIVE BRANCH.— recreate the watchdog entity that States Information Agency,’’. ‘‘(1) IN GENERAL.—The Broadcasting Board (e) TRANSFER OF FUNCTIONS.— of Governors shall continue to exist within helped bring to light what fiscal abuses (1) IN GENERAL.—Except as provided in the Executive branch of Government as an were rampant in these programs under paragraph (2), there are transferred to the entity described in section 104 of title 5, the independent agency structure. Office of the Inspector General of the Depart- United States Code. I am very concerned that the IG’s of- ment of State and the Foreign Service the ‘‘(2) RETENTION OF EXISTING BOARD MEM- fice in the State Department may have functions that the Office of Inspector Gen- BERS.—The members of the Broadcasting little incentive to provide the broad- eral of the United States Information Agen- Board of Governors appointed by the Presi- casting programs the kinds of scrutiny cy exercised before the effective date of this dent pursuant to subsection (b)(1)(A) before title (including all related functions of the the effective date of the Foreign Affairs that is warranted, given the history of Inspector General of the United States Infor- Agencies Consolidation Act of 1997 and hold- abuse. mation Agency). ing office as of that date shall serve the re- Therefore, the amendment that I am (2) TRANSFER TO INSPECTOR GENERAL OF mainder of their terms of office without re- offering will reestablish the inde- BROADCASTING BOARD OF GOVERNORS.—There appointments. pendent IG’s office within the new are transferred to the Inspector General of (3) ESTABLISHMENT OF INSPECTOR GENERAL agency in the same manner that its the Broadcasting Board of Governors the OF BROADCASTING BOARD OF GOVERNORS.— predecessor, BIB, had an independent functions (including related functions) that There shall be established an Inspector Gen- IG. the Office of Inspector General of the United eral of the Broadcasting Board of Governors. I appreciate the willingness of the ‘‘(4) INSPECTOR GENERAL AUTHORITIES.—The States Information Agency exercised with managers to accept this amendment. respect to the International Broadcasting Inspector General of the Broadcasting Board Bureau, Voice of America, WORLDNET TV of Governors shall exercise the same authori- AMENDMENT NO. 408 and Film Service, the office of Cuba Broad- ties with respect to the Broadcasting Board (Purpose: To assist victims of torture by pro- casting, and RFE/RL, Incorporated, before of Governors as the Inspector General of the viding funding for the United Nations Vol- the effective date of this title. Department of State and the Foreign Service untary Fund for Victims of Torture) (f) TRANSFER AND ALLOCATIONS OF APPRO- exercises under section 209 of the Foreign At the end of section 2101(a) of the bill, in- PRIATIONS AND PERSONNEL.—The Director of Service Act of 1980 with respect to the De- sert the following: ‘‘Of the funds made avail- the Office of Management and Budget, in partment of State. The Inspector General of able under this subsection $3,000,000 for the consultation with the Secretary of State, is the Broadcasting Board of Governors, in car- fiscal year 1998 and $3,000,000 for the fiscal authorized to make such incidental disposi- rying out the functions of the Inspector Gen- year 1999 are authorized to be appropriated tions of personnel, assets, liabilities, grants, eral, shall respect the professional independ- only for a United States contribution to the contracts, property, records, and unexpended ence and integrity of all the broadcasters United Nations Voluntary Fund for Victims balances of appropriations, authorizations, covered by this title.’’. of Torture.’’. allocations, and other funds held, used, aris- Mr. FEINGOLD. Mr. President, this ing from, available to, or to be made avail- amendment would establish an inde- AMENDMENT NO. 409 able in connection with such functions, as pendent inspector general for the new (Purpose: To clarify that unmarried adult may be necessary to carry out the provisions agency. Under the committee-reported children of Vietnamese reeducation camp of this section. internees are eligible for refugee status legislation, the State Department’s IG SEC. 315. INTERIM TRANSFER OF FUNCTIONS. under the Orderly Departure Program) would assume responsibility for the (a) INTERIM TRANSFER.—Except as other- At the appropriate place, insert the fol- wise provided in this division, there are new agency. lowing new section: transferred to the Secretary of State the fol- An independent IG was designated for SEC. . ELIGIBILITY FOR REFUGEE STATUS. lowing functions of the United States Infor- the Board for International Broad- Section 584 of the Foreign Operations, Ex- mation Agency exercised as of the day before casting in the 1988 inspector general port Financing, and Related Programs Ap- the effective date of this section: legislation. When we consolidated BIB propriations Act, 1997 (Public Law 104–208; (1) The functions exercised by the Office of into USIA in the 1994 broadcasting leg- 110 Stat. 3009–171) is amended— Public Liaison of the Agency. islation, those functions were assumed (1) in subsection (a)— (2) The functions exercised by the Office of by the USIA Inspector General. More (A) by striking ‘‘For purposes’’ and insert- Congressional and Intergovernmental Affairs ing ‘‘Notwithstanding any other provision of of the Agency. recently, the USIA inspector general’s law, for purposes’’; and (b) EFFECTIVE DATE.—This section shall office was merged with the State De- (B) by striking ‘‘fiscal year 1997’’ and in- take effect on the earlier of— partment inspector general. serting ‘‘fiscal years 1997 and 1998’’; and

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5762 CONGRESSIONAL RECORD — SENATE June 17, 1997 (2) by amending subsection (b) to read as pretation of the 1997 language involves (F) ensure that all budgetary requests and follows: the roughly 20 percent of former Viet- transfers of equipment (including the financ- ‘‘(b) ALIENS COVERED.— namese re-education camp prisoners ing of foreign military sales and the transfer ‘‘(1) IN GENERAL.—An alien described in resettled in the United States who of excess defense articles) relating to inter- this subsection is an alien who— national counterdrug efforts conforms to ‘‘(A) is the son or daughter of a qualified were processed as immigrants, at the meet the objectives. national; convenience of the United States Gov- (3) REPORTS.—Not later than February 15 ‘‘(B) is 21 years of age of older; and ernment. each year, the Secretary shall submit to ‘‘(C) was unmarried as of the date of ac- Congress an update of the strategy sub- ceptance of the alien’s parent for resettle- Their unmarried adult children, prior mitted under paragraph (1). The update shall ment under the Orderly Departure Program. to April 1995, were still given deriva- include an outline of the proposed activities ‘‘(2) QUALIFIED NATIONAL.—For purposes of tive refugee status, however, the posi- paragraph (1), the term ‘qualified national’ tion of INS and State is that these with respect to the strategy during the suc- ceeding year, including the manner in which means a national of Vietnam who— children are now ineligible because the ‘‘(A)(i) was formerly interned in a reeduca- such activities will meet the objectives set language in the FY 1997 bill included forth in paragraph (2). tion camp in Vietnam by the Government of the phrase ‘‘processed as refugees for the Socialist Republic of Vietnam; or (4) LIMITATION ON DELEGATION.—The Sec- ‘‘(ii) is the widow or widower of an indi- resettlement in the United States.’’ retary shall designate an official in the De- vidual described in clause (i); and That phrase was intended to identify partment who reports directly to the Sec- ‘‘(B)(i) qualified for refugee processing the children of former prisoners being retary to oversee the implementation of the under the reeducation camp internees sub- brought to the United States under the strategy throughout the Department. program of the Orderly Departure Program; subprogram of the ODP and eligible to (b) INFORMATION ON INTERNATIONAL CRIMI- and NALS.— ‘‘(ii) on or after April 1, 1995, is accepted— be processed as a refugee—which all (1) INFORMATION SYSTEM.—The Secretary ‘‘(I) for resettlement as a refugee; or clearly were—as distinct from the chil- shall, in consultation with the heads of ap- ‘‘(II) for admission as an immigrant under dren of former prisoners who were not propriate United States law enforcement the Orderly Departure Program.’’. being processed for resettlement in the agencies, including the Attorney General Mr. MCCAIN. Mr. President, this United States. and the Secretary of the Treasury take ap- amendment is basically a technical The fact that a former prisoner, eligi- propriate actions to establish an information correction to language that I had in- ble to be processed as a refugee under system or improve existing information sys- tem containing comprehensive information cluded in the Fiscal Year 1997 Omnibus the ODP subprogram, was processed as on serious crimes committed by foreign na- Consolidated Appropriations Act. That an immigrant had no effect prior to tionals. The information system shall be language, and the amendment I offer April 1995, and their children were available to United States embassies and today, are designed to make humani- granted refugee status. The intention missions abroad for use in consideration of tarian exceptions for the unmarried of last year’s legislation was to restore applications for visas for entry into the adult children of former re-education the status quo ante, including for the United States. camp detainees seeking to emigrate to unmarried adult children of former (2) REPORT.—Not later than 180 days after the United States under the Orderly prisoners eligible for and included in the date of enactment of this Act, the Sec- retary shall submit to the Committee on Departure Program. Despite what I this subprogram but resettled as immi- Foreign Relations of the Senate and the considered to have been pretty unam- grants. Committee on International Relations of the biguous legislation in both word and AMENDMENT NO. 410 House of Representatives a report on the ac- intent, the Immigration and Natu- (Purpose: To facilitate the counterdrug and tions taken under paragraph (1) ralization Service and Department of anti-crime activities of the Department of (c) OVERSEAS COORDINATION OF State interpreted my amendment to State) COUNTERDRUG AND ANTI-CRIME PROGRAMS, POLICY, AND ASSISTANCE.— the 1997 bill so as to exclude the very On page 89, between lines 9 and 10, insert (1) STRENGTHENING COORDINATION.—The re- people to whom the provision was tar- the following: sponsibilities of every foreign mission of the geted. SEC. 1128. COUNTERDRUG AND ANTI-CRIME AC- United States shall include the strength- Prior to April 1995, the adult married TIVITIES OF THE DEPARTMENT OF ening of cooperation between and among the STATE. children of former Vietnamese re-edu- United States and foreign governmental en- (a) COUNTERDRUG AND LAW ENFORCEMENT cation camp prisoners were granted de- tities and multilateral entities with respect STRATEGY.— rivative refugee status and were per- to activities relating to international nar- (1) REQUIREMENT.—Not later than 180 days cotics and crime. mitted to accompany their parents to after the date of enactment of this Act, the (2) DESIGNATION OF OFFICERS.— the United States under a sub-program Secretary of State shall establish, imple- of the Orderly Departure Program (A) IN GENERAL.—The chief of mission of ment, and submit to Congress a comprehen- every foreign mission shall designate an offi- [ODP]. sive, long-term strategy to carry out the cer or officers within the mission to carry This policy changed in April 1995. My counterdrug responsibilities of the Depart- out the responsibility of the mission under amendment to FY1997 Foreign Oper- ment of State in a manner consistent with paragraph (1), including the coordination of ations Appropriations Bill, which com- the National Drug Control Strategy. The counterdrug programs, policy, and assistance prises part of the Omnibus Appropria- strategy shall involve all elements of the De- and law enforcement programs, policy, and partment in the United States and abroad. tions Act, was intended to restore the assistance. Such officer or officers shall re- (2) OBJECTIVES.—In establishing the strat- port to the chief of mission, or the designee status quo ante regarding the adult un- egy, the Secretary shall— married children of former prisoners. of the chief of mission, on a regular basis re- (A) coordinate with the Office of National garding activities undertaken in carrying My comments in the CONGRESSIONAL Drug Control Policy in the development of out such responsibility. RECORD from July 25, 1996 clearly clear, specific, and measurable counterdrug (B) REPORTS.—The chief of mission of spelled this out. objectives for the Department that support every foreign mission shall submit to the Unfortunately, certain categories of the goals and objectives of the National Drug Secretary on a regular basis a report on the children who, prior to April 1995 had re- Control Strategy; actions undertaken by the mission to carry ceived derivative refugee status and (B) develop specific, and to the maximum out such responsibility. extent practicable, quantifiable measures of whom Congress intended to be covered (3) REPORT TO CONGRESS.—Not later than performance relating to the objectives, in- 180 days after the date of enactment of this by last year’s amendment, are now cluding annual and long-term measures of considered ineligible to benefit from Act, the Secretary shall submit to the Com- performance, for purposes of assessing the mittee on Foreign Relations of the Senate that legislation. success of the Department in meeting the ob- and the Committee on International Rela- To ask these widows to come to the jectives; tions of the House of Representatives a re- United States without their children is (C) assign responsibilities for meeting the port on the status of any proposals for action equal to denying them entry under the objectives to appropriate elements of the De- or on action undertaken to improve staffing program. Many of these women are el- partment; and personnel management at foreign mis- derly and in poor health, and the pres- (D) develop an operational structure with- sions in order to carry out the responsibility in the Department that minimizes impedi- set forth in paragraph (1). ence of their children is essential to ments to meeting the objectives; providing the semblance of a family (E) ensure that every United States ambas- Mr. COVERDELL. Mr. President, as unit with the care that includes. sador or chief of mission is fully briefed on the cold war fades into memory, our The second problem stemming from the strategy and works to achieve the objec- foreign affairs establishment must ag- INS and the State Department’s inter- tives; and gressively target and confront the new

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5763 threats facing America. The crime and violent criminals to slip into our Na- and deny them visas. This amendment violence sown by international nar- tion. The establishment of the new in- expands that effort to include other cotics mafias requires a new thinking formation sharing system called for in international crime figures. and focus. While diplomatic efforts for this amendment will help ensure that Finally, the amendment seeks to most of our Nation’s history have fo- our State Department has the informa- strengthen the coordination of U.S. cused on checking unfriendly govern- tion necessary to keep violent inter- crime fighting efforts by designating ments, the challenge of narcotics traf- national criminals off America’s an officer in every U.S. Embassy that ficking and organized crime forces us streets. will be responsible for ensuring the to grapple with a more shadowy and The reforms called for in the Cover- fullest possible cooperation with the elusive adversary. These cartels are dell-Kerry amendment are just first host nation on these issues. This is par- not confined by borders and operate steps in what must be a thorough re- ticularly, important in countries where outside of the bright scrutiny of inter- thinking of how our national policies we do not have a full-time law enforce- national affairs. They respect no na- should be adapted to protect Ameri- ment officer assigned to the embassy. tion’s laws or ethics, outmaneuver gov- cans from these new threats. I look for- These may seem like modest steps ernment bureaucracies with a ruthless ward to working with Senator KERRY but they are the kinds of initiatives efficiency and have financial resources and others as we approach the difficult that will greatly enhance the effective- which dwarf many national budgets. In task of preparing our Nation to meet ness of our efforts to battle the inter- the face of this great menace, our these important challenges. national criminal organizations. Again State Department cannot hope to Mr. KERRY. Mr. President, I am I thank the Senator from Georgia for make progress without a forward look- pleased to cosponsor the amendment his leadership and I urge my colleagues ing strategy, clearly defined goals, and by the Senator from Georgia and I con- to support this amendment. the ability to learn from experience gratulate him for leading this effort to AMENDMENT NO. 411 and agilely adapt to match this con- get the State Department to better (Purpose: To clarify section 1166) stantly changing threat. focus its counternarcotics resources. On line 17 on page 110, delete ‘‘knowingly Far too often our diplomatic struc- For too long our fight against drugs assists or has’’ and insert in lieu thereof: ‘‘is tures have not adopted to address these has suffered from a lack of quantifiable known by the Department of State to have intentionally’’. new, transnational problems and re- goals by which to measure progress. On line 20 on page 110, delete ‘‘is providing mained locked in a bilateral mind set. Year after year we spend hundreds of or has provided’’ and insert in lieu thereof: The State Department’s strong efforts millions of dollars on our international ‘‘is known by the Department of State to be in an individual country can be easily drug control programs without a clear intentionally providing’’. foiled as these elusive mafias shift op- idea of how these programs fit into the At the end of line 3 on page 111 insert the erations across borders. In order to ef- overall counterdrug effort and with no following: ‘‘as designated at the discretion of the Secretary of State,’’. fect a new transnational mind set and way to determine whether these pro- On line 7 on page 111 before the period, in- give the threats of narcotics and inter- grams are having the desired effect. sert the following: ‘‘, and such person and national crime the focus they demand, This amendment will require the child are permitted to return to the United direction must come from the highest State Department to come up with a States. Nothing in clauses (i) or (ii) of this levels of the State Department. The plan for implementing its portion of section shall be deemed to apply to a govern- various bureaus and country teams the President’s national strategy and ment official of the United States who is act- under the State Department must op- to establish specific goals that will ing within the scope of his or her official du- erate under coordinated plan with spe- allow us to know how well we are ties. Nothing in clause (i) or (ii) of this sec- tion shall be deemed to apply to a govern- cific goals which they are held respon- doing. This is a very simple concept ment official of any foreign government if sible for achieving. Like the adver- that anyone who has been in private such person has been designated by the Sec- saries which it must confront, our dip- business understands. You devise a retary of State at the Secretary’s discre- lomatic effort must learn from its mis- strategy and then you set goals and ob- tion’’. takes and recalibrate its strategies to jectives that will let you know that Mrs. FEINSTEIN. Mr. President, I adjust to new situations. you are on target in implementing that am pleased to have had the oppor- Mr. President, the Coverdell-Kerry strategy. That is what we want the tunity to work with my colleagues and amendment seeks to do just that. This State Department to do. the administration to perfect section amendment does not seek to dictate I want to emphasize that the amend- 1166 of this bill, relating to the inad- the policy of the State Department or ment requires the Secretary of State to missibility of persons supporting inter- expand its role in counterdrug matters. submit to Congress a long-term strat- national child abductors. It merely requires that the State De- egy that is consistent with the na- This section of the bill, which was in- partment formulate its own plan of ac- tional drug control strategy. This is cluded at my request in the chairman’s tion in coordination with the dictate of not an attempt to undermine the Presi- mark considered last week by the For- the President’s National Drug Control dent’s Office of National Drug Control eign Relations Committee, was in- Strategy. If, as some have claimed, the Policy [ONDCP] and its role in devising spired by the case of Patricia Roush, a State Department is already following the national drug control strategy. constituent of mine whose two daugh- a clear strategy, this amendment will General McCafferey has done a good ters were abducted by her ex-husband ensure that its goals and objectives are job at defining the national strategy and taken to his home country of clear to the Congress which is respon- and setting broad national objectives. I Saudi Arabia 11 years ago in direct vio- sible for its oversight and funding. In know that he is working to develop a lation of the custody order of an Illi- any event, it is crucial that we defend comprehensive performance measure- nois court. America’s children and our national in- ment system that would give us a bet- Since then, she has seen the girls terest in the most effective manner ter sense of how well programs are only once for 2 hours. All efforts to ne- possible. As we work to regain ground working. This amendment supports gotiate a resolution have been rebuffed in our international struggle against that effort. by the father. drug trafficking, it is our responsi- We want the State Department to This section attempts to address bility to ensure that our resources are follow the lead of the drug czar’s office tragic situations like Ms. Roush’s. Cur- focused on strategic objectives and are and to develop a long-term plan that rent law, section 212(a)(10)(C) of the Im- specifically targeted to have an impact supports the national strategy. Like- migration and Nationality Act, says in the war on drugs. wise we want to see quantifiable meas- that any alien who holds a child over- This amendment also calls on the ures of performance that conform to seas in violation of a custody order of State Department to work with Fed- whatever comprehensive measurement a U.S. court may not receive a visa to eral law enforcement agencies to fur- system that ONDCP develops. come to the United States until the ther shield Americans from inter- The second part of this amendment is child has been returned to the parent national criminals. Currently the fail- also straight forward. For several years with rightful custody. ure of our Federal agencies to coordi- the State Department has used a data- This new section would expand the nate has allowed terrorists and other base to identify narcotics traffickers visa restriction to three categories of

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5764 CONGRESSIONAL RECORD — SENATE June 17, 1997 people: Anyone who helped carry out The PRESIDING OFFICER. Without democracy, free markets and cap- the abduction of the child; anyone pro- objection, it is so ordered. italism around the world. I look for- viding material support or safe haven Mr. BROWNBACK. I rise today, while ward in the future to working with to the abducting parent; and imme- we are just about to finish up on this Central Asian countries to link them diate family members of the abducting historic State Department reorganiza- more with the democracies and the de- parent. tion bill, to say a couple of things mocracy movement and free markets Any of these people already in the about it and the people who have been that are gaining strength all around United States would also be deportable. involved. the world. Some dub this a silk road This law would not apply if the child I was in the House of Representatives strategy, and I think it is important is located in a country which is a sig- on the Foreign Affairs Committee that we do this in moving forward a natory to the Hague Convention, which where we started the attempt to reor- positive agenda, not just one that is al- is an international agreement designed ganize the State Department. We were ways negative toward others but one to resolve international child abduc- able to pass it through, and the bill got that is very open and positive toward tion cases. vetoed by the President. I think that is encouraging the rest of the world. The goal of this legislation is to ex- what is historic and taking place here. I look forward to working with other pand the circle of people affected when We are now working together to do chairmen, including Chairman SMITH, an American child is abducted. There the thing we need to do, which is to also on the Foreign Relations Com- can be no doubt that persons who assist make the overall operation run more mittee, as we seek to open up the Cen- in the abduction of such a child should efficiently, to eliminate some of the tral Asian regions to further democ- be subject to the same restrictions as apparatus created by the cold war, and racy, to free markets, to capitalism, to the abductor him or herself. The same to try to create a foreign policy agency liberty. I think that is a good move on goes for those who support and protect and a setup that is more forward look- our part. Part of it is going to be con- the abductor subsequent to the abduc- ing, more organized, and that I think tained in the future of the world. Radio tion. can represent our interests better in Free Iran is in this bill and I think The only area that has raised ques- this post-cold-war atmosphere. that is a positive move. It doesn’t di- tions is the provision applying the re- I think it is a real tribute to the peo- minish the act of privatizing Radio striction to immediate family members ple who have been involved in this that Free Europe. It is important to move of the abductor. We decided to proceed we have been able to get this done. forward in that regard. This is a win in this fashion because of Ms. Roush’s Overhauling the American foreign pol- for the American people, and a win for experience during the tenure of the icy bureaucracy needed to be done, and previous United States Ambassador to people around the world who seek free- this bill will abolish agencies and bu- dom for themselves and their market- Saudi Arabia, Ray Mabus. reaus born of the cold war imperatives After years without any progress to- place, their future and their families. that are no longer necessary. Achieve- ward a resolution, Ambassador Mabus With that, I yield the floor. ment was hard won and something the implied to relatives of Ms. Roush’s ex- The PRESIDING OFFICER. Who American people can be proud of. Now husband that he might withhold their seeks time? we can reduce the size of the Federal visas to the United States unless the AMENDMENT NO. 398 WITHDRAWN Government, something I have cer- case was solved. He never actually Mr. MURKOWSKI. Mr. President, I tainly long supported. I want to thank threatened to withhold the visas, believe I have an amendment that is at those people involved. which he lacked the authority to do, the desk. There are two other things I want to The PRESIDING OFFICER. The Sen- but he hoped to at least get informa- quickly note that have taken place in ator is correct. tion about the girls’ condition and the here as well. I chair the Middle East Mr. MURKOWSKI. Mr. President, I father’s thinking throught this tactic. Subcommittee. One of the things we just had a conversation with the Sec- Ambassador Mabus discovered that have been focused on is how do we con- retary of State, Madeleine Albright, even the implied threat of withholding tain some of the radical elements of relative to the reasons why I have of- visas from family members produced a that region that seek to terrorize us fered an amendment which would re- new spirit of flexibility on the part of around the world? One of the things quire that the Foreign Relations Com- the father. By the time he returned to that is contained in this bill is Radio mittee confirm the coordinator of Tai- the United States, they had come close Free Iran, and that will be broadcast wan affairs at the State Department. to negotiating a resolution, but that into the Iranian airwaves to send for- As the Chair is aware, the Taiwan fell through after Mabus left. Relations Act requires the Committee But this experience suggests that ward clear and accurate information on Foreign Relations to oversee the withholding visas from family mem- about what is taking place around the implementation of the TRA and the op- bers and other associates of the abduct- rest of the world. erations and procedures of the Amer- ing parent is an effective way to put I think this is a very important tool ican Institute in Taiwan. And, further- pressure on that parent to negotiate a that we can use to be able to work with more, then Secretary of State Vance resolution. the Iranian people, who are some of the There is a precedent for withholding most repressed around the world. They assured the committee in a letter to visas from family members. In the have recently voted to elect a more then Chairman Frank Church that ‘‘the Helms-Burton law on Cuba passed in moderate leader, yet most have said names of prospective trustees and offi- 1996—Public Law 104–114, spouses and they will not really be able to express cers will be forwarded to the Foreign minor children of officers of corpora- what they want to do because the lead- Relations Committee. If the Com- tions doing prohibited business with er they elected will not have the power mittee expresses reservations about a Cuba were made excludable. or the authority to get that done. prospective trusteer, [the Department I thank the chairman and ranking Yet, I think we can continue to fight of State] will undertake to discuss the member of the Foreign Relations Com- for the Iranian people by putting for- matter fully with the Committee be- mittee and the Senator from Maryland, ward good information, true informa- fore proceeding.’’ Senator SARBANES, for their coopera- tion, of how much we support what The Secretary of State assured me tion and for helping perfect this they are doing on the cause in the bat- that she will put into a formal letter amendment. tle of freedom. I think Radio Free Iran that the State Department will agree Mr. HELMS. Mr. President, I suggest will be a very helpful signal, something to consult with the Foreign Relations the absence of a quorum. important, as we move forward in Committee prior to appointing any di- The PRESIDING OFFICER (Mr. working to contain those terroristic rector or chairman of the American In- THOMAS). The clerk will call the roll. elements in the world that seek to do stitute in Taiwan. The letter will, of The assistant legislative clerk pro- us harm and seek harm in much of the course, be directed to the chairman of ceeded to call the roll. rest of the world. the Foreign Relations Committee. A Mr. BROWNBACK. Mr. President, I Also, I look forward in the future to copy will be given to the minority, as ask unanimous consent that the order encouraging other countries to further well as to me, and Secretary of State for the quorum call be rescinded. engage with us in initiatives to expand Madeleine Albright agreed to refer,

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5765 specifically, in her letter, to the assur- [Rollcall Vote No. 105 Leg.] CHAPTER 2—ABOLITION AND TRANSFER OF ance that Chairman Frank Church re- YEAS—90 FUNCTIONS ceived from Secretary of State Vance Abraham Feingold Lott Sec. 211. Abolition of United States Arms Con- regarding the intent and interpretation Akaka Feinstein Lugar trol and Disarmament Agency. of the committee’s role under the Tai- Allard Ford Mack Sec. 212. Transfer of functions to Secretary of Ashcroft Frist McCain wan Relations Act. State. Baucus Glenn McConnell Sec. 213. Under Secretary for Arms Control and So as a consequence of that assur- Bennett Gorton Mikulski International Security. Biden Graham Moseley-Braun ance, Mr. President, and with thanks Sec. 214. Reporting requirements. to the chairman of the Foreign Rela- Bond Gramm Moynihan Boxer Grams Murkowski Sec. 215. Repeal relating to Inspector General tions Committee, I think that Sec- Breaux Grassley Murray for United States Arms Control retary Albright has met my concern by Brownback Gregg Nickles and Disarmament Agency. assuring the chairman of the Foreign Bryan Hagel Reed CHAPTER 3—CONFORMING AMENDMENTS Bumpers Hatch Reid Relations Committee that, indeed, the Burns Helms Robb Sec. 221. References. State Department will put into writing Campbell Hollings Rockefeller Sec. 222. Repeal of establishment of ACDA. its agreement to consult with the com- Chafee Hutchinson Roth Sec. 223. Repeal of positions and offices. mittee prior to appointing the director Cleland Hutchison Santorum Sec. 224. Compensation of officers. Coats Inhofe Sessions or chairman of the American Institute Cochran Inouye Shelby TITLE III—UNITED STATES INFORMATION in Taiwan. As we all know, and the Collins Jeffords Smith (NH) AGENCY concern we have is that, previously, Conrad Kennedy Smith (OR) CHAPTER 1—GENERAL PROVISIONS Coverdell Kerrey Snowe the appointments took place before the Craig Kerry Specter Sec. 301. Effective date. consultations took place. That will not D’Amato Kohl Stevens CHAPTER 2—ABOLITION AND TRANSFER OF be the case. I thank Senator BIDEN for DeWine Kyl Thomas FUNCTIONS his role in taking the first call from Dodd Landrieu Thompson Sec. 311. Abolition of United States Information Domenici Lautenberg Thurmond the Secretary and, again, I appreciate Dorgan Leahy Torricelli Agency. Senator HELMS’ indulgence in pro- Durbin Levin Warner Sec. 312. Transfer of functions. viding me with the time to come to the Faircloth Lieberman Wyden Sec. 313. Under Secretary of State for Public Diplomacy. floor, as well as to talk to the Sec- NAYS—5 Sec. 314. Abolition of Office of Inspector Gen- retary. As a consequence of that, Mr. Bingaman Harkin Wellstone eral of United States Information President, I withdraw the amendment. Byrd Sarbanes Agency and transfer of functions. The PRESIDING OFFICER. Amend- NOT VOTING—5 Sec. 315. Interim transfer of functions. ment No. 398 is withdrawn. Daschle Johnson Roberts CHAPTER 3—INTERNATIONAL BROADCASTING Mr. HELMS. If the Senator will Enzi Kempthorne Sec. 321. Congressional findings and declara- yield, I think he has done a good day’s So the bill (H.R. 1757), as amended, tion of purpose. work. I commend him. was passed as follows: Sec. 322. Continued existence of Broadcasting Mr. President, I ask unanimous con- Board of Governors. Resolved, That the bill from the House of sent to discharge H.R. 1757 from the Sec. 323. Conforming amendments to the United Representatives (H.R. 1757) entitled ‘‘An Act committee, and all after the enacting States International Broadcasting to consolidate international affairs agencies, Act of 1994. clause be stricken and that the lan- to authorize appropriations for the Depart- Sec. 324. Amendments to the Radio Broad- guage of S. 903, as amended, be in- ment of State and related agencies for fiscal casting to Cuba Act. serted, and the bill be read the third years 1998 and 1999, and to ensure that the Sec. 325. Amendments to the Television Broad- time. enlargement of the North Atlantic Treaty casting to Cuba Act. Organization (NATO) proceeds in a manner The PRESIDING OFFICER (Mr. Sec. 326. Savings provisions. consistent with United States interests, to BROWNBACK). Without objection, it is so Sec. 327. Report on the privatization of RFE/ strengthen relations between the United ordered. RL, Incorporated. The amendments were ordered to be States and Russia, to preserve the preroga- CHAPTER 4—CONFORMING AMENDMENTS engrossed, and the bill to be read the tives of the Congress with respect to certain Sec. 331. References. third time. arms control agreements, and for other pur- poses.’’, do pass with the following amend- Sec. 332. Amendments to title 5, United States The bill was read the third time. ment: Code. The PRESIDING OFFICER. The bill Strike out all after the enacting clause and Sec. 333. Ban on domestic activities. having been read the third time, the insert: TITLE IV—UNITED STATES INTER- question is, Shall the bill pass? SECTION 1. SHORT TITLE. NATIONAL DEVELOPMENT COOPERA- Mr. HELMS. Mr. President, I ask for This Act may be cited as the ‘‘Foreign Affairs TION AGENCY the yeas and nays. Reform and Restructuring Act of 1997’’. CHAPTER 1—GENERAL PROVISIONS The PRESIDING OFFICER. Is there a SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 401. Effective date. sufficient second? TABLE OF CONTENTS. There is a sufficient second. (a) DIVISIONS.—This Act is organized into CHAPTER 2—ABOLITION AND TRANSFER OF The yeas and nays are ordered and three divisions as follows: FUNCTIONS the clerk will call the roll. (1) DIVISION A.—Foreign Affairs Agencies Sec. 411. Abolition of United States Inter- The legislative clerk called the roll. Consolidation Act of 1997. national Development Coopera- Mr. NICKLES. I announce that the (2) DIVISION B.—Foreign Relations Authoriza- tion Agency. tion Act, Fiscal Years 1998 and 1999. Senator from Wyoming [Mr. ENZI], the Sec. 412. Transfer of functions. (3) DIVISION C.—United Nations Reform Act of Sec. 413. Status of AID. Senator from Idaho [Mr. KEMPTHORNE], 1997. CHAPTER 3—CONFORMING AMENDMENTS and the Senator from Kansas [Mr. ROB- (b) TABLE OF CONTENTS.—The table of con- ERTS] are necessarily absent. tents for this Act is as follows: Sec. 421. References. Sec. 422. Conforming amendments. Mr. FORD. I announce that the Sen- Sec. 1. Short title. ator from South Dakota [Mr. DASCHLE] Sec. 2. Organization of Act into divisions; table TITLE V—AGENCY FOR INTERNATIONAL and the Senator from South Dakota of contents. DEVELOPMENT [Mr. JOHNSON] are necessarily absent. DIVISION A—CONSOLIDATION OF FOREIGN CHAPTER 1—GENERAL PROVISIONS I further announce that the Senator AFFAIRS AGENCIES Sec. 501. Effective date. from South Dakota [Mr. JOHNSON] is TITLE I—GENERAL PROVISIONS CHAPTER 2—REORGANIZATION AND TRANSFER OF absent attending a funeral. Sec. 101. Short title. FUNCTIONS I also announce that the Senator Sec. 102. Purposes. Sec. 511. Reorganization of Agency for Inter- from South Dakota [Mr. DASCHLE] is Sec. 103. Definitions. national Development. Sec. 104. Report on budgetary cost savings re- absent due to a death in the family. CHAPTER 3—AUTHORITIES OF THE SECRETARY OF sulting from reorganization. The PRESIDING OFFICER. Are there STATE TITLE II—UNITED STATES ARMS CONTROL any other Senators in the Chamber de- Sec. 521. Definition of United States assistance. AND DISARMAMENT AGENCY siring to vote? Sec. 522. Placement of Administrator of AID The result was announced—yeas 90, CHAPTER 1—GENERAL PROVISIONS under the direct authority of the nays 5, as follows: Sec. 201. Effective date. Secretary of State.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 6343 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5766 CONGRESSIONAL RECORD — SENATE June 17, 1997 Sec. 523. Assistance programs coordination, im- Sec. 1141. Limitations on management assign- Sec. 1607. Reports on the situation in Haiti. plementation, and oversight. ments. Sec. 1608. Report on an alliance against nar- Sec. 524. Sense of the Senate regarding appor- CHAPTER 4—CONSULAR AND RELATED ACTIVITIES cotics trafficking in the Western tionment of certain funds to the Hemisphere. Sec. 1151. Consular officers. Sec. 1609. Report on greenhouse gas emissions Secretary of State. Sec. 1152. Repeal of outdated consular receipt agreement. TITLE VI—TRANSITION requirements. Sec. 1610. Reports and policy concerning diplo- CHAPTER 1—REORGANIZATION PLAN Sec. 1153. Elimination of duplicate Federal Reg- ister publication for travel matic immunity. Sec. 601. Reorganization plan. Sec. 1611. Italian confiscation of property case. advisories. CHAPTER 2—REORGANIZATION AUTHORITY Sec. 1154. Inadmissibility of members of former Sec. 1612. Designation of additional countries Sec. 611. Reorganization authority. Soviet Union intelligence services. eligible for NATO enlargement as- Sec. 612. Transfer and allocation of appropria- Sec. 1155. Denial of visas to aliens who have sistance. tions and personnel. confiscated property claimed by Sec. 1613. Sense of Senate regarding United Sec. 613. Incidental transfers. nationals of the United States. States citizens held in prisons in Sec. 614. Savings provisions. Sec. 1156. Inadmissibility of aliens supporting Peru. Sec. 615. Property and facilities. international child abductors. Sec. 1614. Exclusion from the United States of Sec. 616. Authority of Secretary of State to fa- aliens who have been involved in TITLE XII—OTHER INTERNATIONAL extrajudicial and political killings cilitate transition. ORGANIZATIONS AND COMMISSIONS Sec. 617. Final report. in Haiti. CHAPTER 1—AUTHORIZATION OF Sec. 1615. Sense of the Senate on enforcement of TITLE VII—FUNCTIONS, CONDUCT, AND APPROPRIATIONS the Iran-Iraq Arms Non-Prolifera- STRUCTURE OF UNITED STATES FOR- Sec. 1201. International conferences and con- tion Act of 1992 with respect to EIGN POLICY FOR THE 21ST CENTURY. tingencies. the acquisition by Iran of C–802 Sec. 701. Findings. Sec. 1202. International commissions. cruise missiles. Sec. 702. Establishment. CHAPTER 2—GENERAL PROVISIONS Sec. 1616. Sense of the Senate on persecution of Sec. 703. Composition and qualifications. Christian minorities in the Peo- Sec. 1211. International criminal court partici- Sec. 704. Duties of the Commission. ple’s Republic of China. pation. Sec. 705. Commission reports. Sec. 1617. Sense of Congress regarding the Sec. 1212. Withholding of assistance for parking Sec. 706. Powers. North Atlantic Treaty Organiza- fines owed by foreign countries. Sec. 707. Personnel. tion. Sec. 1213. United States membership in the Sec. 708. Payment of Commission expenses. Sec. 1618. Japan-United States Friendship Com- Interparliamentary Union. Sec. 709. Termination. mission. Sec. 1214. Reporting of foreign travel by United Sec. 710. Executive branch action. Sec. 1619. Aviation safety. States officials. Sec. 711. Annual foreign affairs strategy report. Sec. 1620. Sense of the Senate on United States Sec. 1215. Sense of the Senate on use of funds Sec. 712. Definition of foreign affairs agencies. policy toward the People’s Repub- in Japan-United States Friend- lic of China. DIVISION B—FOREIGN RELATIONS ship Trust Fund. AUTHORIZATION Sec. 1621. Sense of the Senate encouraging pro- TITLE XIII—UNITED STATES INFORMA- TITLE X—GENERAL PROVISIONS grams by the National Endow- TIONAL, EDUCATIONAL, AND CULTURAL ment for Democracy regarding the Sec. 1001. Short title. PROGRAMS rule of law in China. Sec. 1002. Definition. CHAPTER 1—AUTHORIZATION OF Sec. 1622. Concerning the Palestinian author- TITLE XI—DEPARTMENT OF STATE AND APPROPRIATIONS ity. RELATED AGENCIES Sec. 1301. Authorization of appropriations. Sec. 1623. Authorization of Appropriations for CHAPTER 1—AUTHORIZATIONS OF Sec. 1302. National Endowment for Democracy. facilities in Beijing and Shanghai. Sec. 1624. Eligibility for refugee status. APPROPRIATIONS CHAPTER 2—USIA AND RELATED AGENCIES Sec. 1101. Authorizations of appropriations for AUTHORITIES AND ACTIVITIES DIVISION C—UNITED NATIONS REFORM Administration of Foreign Affairs. Sec. 1311. Authorization to receive and recycle TITLE XX—GENERAL PROVISIONS Sec. 1102. Migration and refugee assistance. fees. Sec. 2001. Short title. Sec. 1103. Asia Foundation. Sec. 1312. Appropriations transfer authority. Sec. 2002. Definitions. CHAPTER 2—AUTHORITIES AND ACTIVITIES Sec. 1313. Expansion of Muskie Fellowship Pro- Sec. 2003. Nondelegation of certification re- Sec. 1121. Reduction in required reports. gram. quirements. Sec. 1122. Authority of the Foreign Claims Set- Sec. 1314. Au pair extension. TITLE XXI—AUTHORIZATION OF tlement Commission. Sec. 1315. Radio broadcasting to Iran in the APPROPRIATIONS Sec. 1123. Procurement of services. Farsi language. Sec. 1316. Voice of America broadcasts. Sec. 2101. Assessed contributions to the United Sec. 1124. Fee for use of diplomatic reception Sec. 1317. Working group on government-spon- Nations and affiliated organiza- rooms. sored international exchanges tions. Sec. 1125. Prohibition on judicial review De- and training. Sec. 2102. United Nations policy on Israel and partment of State counterter- Sec. 1318. International information programs. the Palestinians. rorism and narcotics-related re- Sec. 1319. Authority to administer summer trav- Sec. 2103. Assessed contributions for inter- wards program. el and work programs. national peacekeeping activities. Sec. 1126. Office of the Inspector General. Sec. 2104. Data on costs incurred in support of TITLE XIV—PEACE CORPS Sec. 1127. Reaffirming United States inter- United Nations peace and security national telecommunications pol- Sec. 1401. Short title. operations. icy. Sec. 1402. Authorization of appropriations. Sec. 2105. Reimbursement for goods and services Sec. 1128. Counterdrug and anti-crime activities Sec. 1403. Amendments to the Peace Corps Act. provided by the United States to of the Department of State. TITLE XV—UNITED STATES ARMS the United Nations. CHAPTER 3—PERSONNEL CONTROL AND DISARMAMENT AGENCY Sec. 2106. Restriction on United States funding Sec. 1131. Elimination of position of Deputy As- CHAPTER 1—AUTHORIZATION OF for United Nations peace oper- sistant Secretary of State for APPROPRIATIONS ations. Sec. 2107. United States policy regarding United Burdensharing. Sec. 1501. Authorization of appropriations. Nations peacekeeping missions. Sec. 1132. Restriction on lobbying activities of CHAPTER 2—AUTHORITIES former United States chiefs of mis- Sec. 2108. Organization of American States. sion. Sec. 1511. Statutory construction. TITLE XXII—ARREARS PAYMENTS AND Sec. 1133. Recovery of costs of health care serv- TITLE XVI—FOREIGN POLICY REFORM ices. Sec. 1601. Payment of Iraqi claims. CHAPTER 1—ARREARAGES TO THE UNITED Sec. 1134. Nonovertime differential pay. Sec. 1602. United Nations membership for NATIONS Sec. 1135. Pilot program for foreign affairs reim- Belarus. SUBCHAPTER A—AUTHORIZATION OF bursement. Sec. 1603. United States policy with respect to APPROPRIATIONS; DISBURSEMENT OF FUNDS Sec. 1136. Grants to overseas educational facili- Jerusalem as the capital of Israel. Sec. 2201. Authorization of appropriations. ties. Sec. 1604. Special envoy for Tibet. Sec. 2202. Disbursement of funds. Sec. 1137. Grants to remedy international child Sec. 1605. Financial transactions with state abductions. sponsors of international ter- SUBCHAPTER B—UNITED STATES SOVEREIGNTY Sec. 1138. Foreign Service reform. rorism. Sec. 2211. Certification requirements. Sec. 1139. Law enforcement availability pay. Sec. 1606. United States policy with respect to SUBCHAPTER C—REFORM OF ASSESSMENTS AND Sec. 1140. Law enforcement authority of DS the involuntary return of persons UNITED NATIONS PEACE OPERATIONS special agents overseas. in danger of subjection to torture. Sec. 2221. Certification requirements.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 6343 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5767

SUBCHAPTER D—BUDGET AND PERSONNEL REFORM through the end of fiscal year 2000, the Sec- report under subsection (a), the Under Secretary Sec. 2231. Certification requirements. retary of State shall submit a report to the ap- of State for Arms Control and International Se- CHAPTER 2—MISCELLANEOUS PROVISIONS propriate congressional committees describing curity shall include the comments, if any, of the the total anticipated and achieved cost savings Secretary of State after the Secretary has had Sec. 2241. Statutory construction on relation to in budget outlays and budget authority related an opportunity to review the report for a period existing laws. to the reorganization made under this Act, in- of not to exceed 14 days.’’. Sec. 2242. Prohibition on payments relating to cluding cost savings by each of the following (b) ANNUAL REPORT.—Section 51 of that Act UNIDO and other organizations categories: (22 U.S.C. 2593a) is amended— from which the United States has (1) Reductions in personnel. withdrawn or rescinded funding. (1) in subsection (a)— (2) Administrative consolidation. (A) by striking ‘‘Director’’ and inserting DIVISION A—CONSOLIDATION OF (3) Program consolidation. ‘‘Under Secretary of State for Arms Control and FOREIGN AFFAIRS AGENCIES (4) Sales of real property. International Security’’; and TITLE I—GENERAL PROVISIONS (5) Termination of property leases. (6) Coordinated procurement. (B) by striking ‘‘the Secretary of State,’’; SEC. 101. SHORT TITLE. (2) by redesignating subsections (b) and (c) as This division may be cited as the ‘‘Foreign Af- TITLE II—UNITED STATES ARMS CONTROL subsections (c) and (d), respectively; and AND DISARMAMENT AGENCY fairs Agencies Consolidation Act of 1997’’. (3) by inserting after subsection (a) the fol- SEC. 102. PURPOSES. CHAPTER 1—GENERAL PROVISIONS lowing: The purposes of this division are— SEC. 201. EFFECTIVE DATE. ‘‘(b) INCLUSION OF COMMENTS BY THE SEC- (1) to strengthen— This title, and the amendments made by this RETARY OF STATE.—In the preparation of each (A) the coordination of United States foreign title, shall take effect on the earlier of— report under subsection (a), the Under Secretary policy; and (1) October 1, 1998; or of State for Arms Control and International Se- (B) the leading role of the Secretary of State (2) the date of abolition of the United States curity shall include the comments, if any, of the in the formulation and articulation of United Arms Control and Disarmament Agency pursu- Secretary of State after the Secretary has had States foreign policy; ant to the reorganization plan described in sec- an opportunity to review the report for a period (2) to consolidate and reinvigorate the foreign tion 601. of not to exceed 14 days.’’. affairs functions of the United States within the CHAPTER 2—ABOLITION AND TRANSFER SEC. 215. REPEAL RELATING TO INSPECTOR GEN- Department of State by— OF FUNCTIONS ERAL FOR UNITED STATES ARMS (A) abolishing the United States Arms Control SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGEN- and Disarmament Agency, the United States In- CONTROL AND DISARMAMENT AGEN- CY. formation Agency, the United States Inter- CY. Section 50 of the Arms Control and Disar- national Development Cooperation Agency, and The United States Arms Control and Disar- mament Act (22 U.S.C. 2593a), relating to the transferring the functions of these agencies to mament Agency is abolished. ACDA Inspector General, is repealed. the Department of State while preserving the SEC. 212. TRANSFER OF FUNCTIONS TO SEC- CHAPTER 3—CONFORMING AMENDMENTS quality and integrity of these functions; RETARY OF STATE. (B) transferring certain functions of the Agen- Except as otherwise provided in this division, SEC. 221. REFERENCES. cy for International Development to the Depart- there are transferred to the Secretary of State— Except as provided in section 214, any ref- ment of State; and (1) all functions of the Director of the United erence in any statute, reorganization plan, Ex- (C) providing for the reorganization of the De- States Arms Control and Disarmament Agency, ecutive order, regulation, agreement, determina- partment of State to maximize the efficient use and tion, or other official document or proceeding of resources, which may lead to budget savings, (2) all functions of the United States Arms to— eliminated redundancy in functions, and im- Control and Disarmament Agency and any of- (1) the Director of the United States Arms provement in the management of the Depart- fice or component of such agency under any Control and Disarmament Agency, or any other ment of State; statute, reorganization plan, Executive order, or officer or employee of the United States Arms (3) to ensure that programs critical to the pro- other provision of law, Control and Disarmament Agency, shall be motion of United States national interests be as of the day before the effective date of this deemed to refer to the Secretary of State; and maintained; title. (2) the United States Arms Control and Disar- (4) to assist congressional efforts to balance SEC. 213. UNDER SECRETARY FOR ARMS CON- mament Agency shall be deemed to refer to the the Federal budget and reduce the Federal debt; TROL AND INTERNATIONAL SECU- Department of State. (5) to ensure that the United States maintains RITY. SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA. effective representation abroad within budg- Section 1 of the State Department Basic Au- Section 21 of the Arms Control and Disar- etary restraints; and thorities Act of 1956 (22 U.S.C. 2651a) is amend- mament Act (22 U.S.C. 2561; relating to the es- (6) to encourage United States foreign affairs ed in subsection (b)— tablishment of ACDA) is repealed. agencies to maintain a high percentage of the (1) by striking ‘‘There’’ and inserting the fol- best qualified, most competent United States lowing: SEC. 223. REPEAL OF POSITIONS AND OFFICES. citizens serving in the United States Govern- ‘‘(1) IN GENERAL.—There’’; and The following sections of the Arms Control ment. (2) by adding at the end the following: and Disarmament Act are repealed: SEC. 103. DEFINITIONS. ‘‘(2) UNDER SECRETARY FOR ARMS CONTROL (1) Section 22 (22 U.S.C. 2562; relating to the The following terms have the following mean- AND INTERNATIONAL SECURITY.—There shall be Director). ings for the purposes of this division: in the Department of State, among the Under (2) Section 23 (22 U.S.C. 2563; relating to the (1) The term ‘‘ACDA’’ means the United Secretaries authorized by paragraph (1), an Deputy Director). States Arms Control and Disarmament Agency. Under Secretary for Arms Control and Inter- (3) Section 24 (22 U.S.C. 2564; relating to As- (2) The term ‘‘appropriate congressional com- national Security who shall assist the Secretary sistant Directors). mittees’’ means the Committee on International and the Deputy Secretary in matters related to (4) Section 25 (22 U.S.C. 2565; relating to bu- Relations and the Committee on Appropriations international security policy, arms control, and reaus, offices, and divisions). nonproliferation matters. Subject to the direc- of the House of Representatives and the Com- SEC. 224. COMPENSATION OF OFFICERS. mittee on Foreign Relations and the Committee tion of the President, the Under Secretary may Title 5, United States Code, is amended— on Appropriations of the Senate. attend and participate in meetings of the Na- (3) The term ‘‘Department’’ means the Depart- tional Security Council in his role as advisor on (1) in section 5313, by striking ‘‘Director of the ment of State. arms control and nonproliferation matters.’’. United States Arms Control and Disarmament Agency.’’, (4) The term ‘‘Federal agency’’ has the mean- SEC. 214. REPORTING REQUIREMENTS. (2) in section 5314, by striking ‘‘Deputy Direc- ing given to the term ‘‘agency’’ by section 551(1) (a) VERIFICATION OF COMPLIANCE.—Section 37 of title 5, United States Code. of the Arms Control and Disarmament Act (22 tor of the United States Arms Control and Dis- (5) The term ‘‘function’’ means any duty, obli- U.S.C. 2577) is amended— armament Agency.’’, gation, power, authority, responsibility, right, (1) in subsection (a), by striking ‘‘Director’’ (3) in section 5315— privilege, activity, or program. each place it appears and inserting ‘‘Under Sec- (A) by striking ‘‘Assistant Directors, United (6) The term ‘‘office’’ includes any office, ad- retary of State for Arms Control and Inter- States Arms Control and Disarmament Agency ministration, agency, institute, unit, organiza- national Security’’; (4).’’, and tional entity, or component thereof. (2) in subsection (d), by striking ‘‘Director’’ (B) by striking ‘‘Special Representatives of the (7) The term ‘‘Secretary’’ means the Secretary each place it appears and inserting ‘‘Under Sec- President for arms control, nonproliferation, of State. retary of State’’; and disarmament matters, United States Arms (8) The term ‘‘USIA’’ means the United States (3) by redesignating subsections (b) through Control and Disarmament Agency’’, and insert- Information Agency. (d) as subsections (c) through (e), respectively; ing ‘‘Special Representatives of the President for SEC. 104. REPORT ON BUDGETARY COST SAVINGS and arms control, nonproliferation, and disar- RESULTING FROM REORGANIZA- (4) by inserting after subsection (a) the fol- mament matters, Department of State’’, and TION. lowing: (4) in section 5316, by striking ‘‘General Coun- Not later than 90 days after the date of enact- ‘‘(b) INCLUSION OF COMMENTS BY THE SEC- sel of the United States Arms Control and Disar- ment of this Act, and every 180 days thereafter RETARY OF STATE.—In the preparation of each mament Agency.’’.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5768 CONGRESSIONAL RECORD — SENATE June 17, 1997 TITLE III—UNITED STATES INFORMATION State and the Foreign Service the functions that ant to subsection (b)(1)(A) before the effective AGENCY the Office of Inspector General of the United date of the Foreign Affairs Agencies Consolida- CHAPTER 1—GENERAL PROVISIONS States Information Agency exercised before the tion Act of 1997 and holding office as of that effective date of this title (including all related date shall serve the remainder of their terms of SEC. 301. EFFECTIVE DATE. functions of the Inspector General of the United office without reappointment. Except as otherwise provided, this title, and States Information Agency). ‘‘(3) ESTABLISHMENT OF INSPECTOR GENERAL the amendments made by this title, shall take ef- (2) TRANSFER TO INSPECTOR GENERAL OF OF BROADCASTING BOARD OF GOVERNORS.— fect on the earlier of— BROADCASTING BOARD OF GOVERNORS.—There There shall be established an Inspector General (1) October 1, 1999; or are transferred to the Inspector General of the of the Broadcasting Board of Governors. (2) the date of abolition of the United States Broadcasting Board of Governors the functions ‘‘(4) INSPECTOR GENERAL AUTHORITIES.—The Information Agency pursuant to the reorganiza- (including related functions) that the Office of Inspector General of the Broadcasting Board of tion plan described in section 601. Inspector General of the United States Informa- Governors shall exercise the same authorities CHAPTER 2—ABOLITION AND TRANSFER tion Agency exercised with respect to the Inter- with respect to the Broadcasting Board of Gov- OF FUNCTIONS national Broadcasting Bureau, Voice of Amer- ernors as the Inspector General of the Depart- SEC. 311. ABOLITION OF UNITED STATES INFOR- ica, WORLDNET TV and Film Service, the of- ment of State and the Foreign Service exercises MATION AGENCY. fice of Cuba Broadcasting, and RFE/RL, Incor- under section 209 of the Foreign Service Act of The United States Information Agency (other porated, before the effective date of this title. 1980 with respect to the Department of State. than the Broadcasting Board of Governors) is (f) TRANSFER AND ALLOCATIONS OF APPRO- The Inspector General of the Broadcasting abolished. PRIATIONS AND PERSONNEL.—The Director of the Board of Governors, in carrying out the func- SEC. 312. TRANSFER OF FUNCTIONS. Office of Management and Budget, in consulta- tions of the Inspector General, shall respect the There are transferred to the Secretary of State tion with the Secretary of State, is authorized to professional independence and integrity of all all functions of the Director of the United States make such incidental dispositions of personnel, the broadcasters covered by this title.’’. Information Agency and all functions of the assets, liabilities, grants, contracts, property, SEC. 323. CONFORMING AMENDMENTS TO THE United States Information Agency and any of- records, and unexpended balances of appropria- UNITED STATES INTERNATIONAL fice or component of such agency under any tions, authorizations, allocations, and other BROADCASTING ACT OF 1994. statute, reorganization plan, Executive order, or funds held, used, arising from, available to, or (a) REFERENCES IN SECTION.—Whenever in other provision of law as of the day before the to be made available in connection with such this section an amendment or repeal is expressed effective date of this title, except as otherwise functions, as may be necessary to carry out the as an amendment or repeal of a provision, the provided in this division. provisions of this section. reference shall be deemed to be made to the SEC. 315. INTERIM TRANSFER OF FUNCTIONS. United States International Broadcasting Act of SEC. 313. UNDER SECRETARY OF STATE FOR PUB- 1994 (22 U.S.C. 6201 et seq.). LIC DIPLOMACY. (a) INTERIM TRANSFER.—Except as otherwise (b) SUBSTITUTION OF UNDER SECRETARY OF Section 1(b) of the State Department Basic provided in this division, there are transferred STATE FOR PUBLIC DIPLOMACY.—Sections Authorities Act of 1956 (22 U.S.C. 2651a(b)) is to the Secretary of State the following functions 304(b)(1)(B), 304(b) (2) and (3), 304(c), 304(e), amended— of the United States Information Agency exer- 305(c), and 306 (22 U.S.C. 6203(b)(1)(B), 6203(b) (1) by striking ‘‘There’’ and inserting the fol- cised as of the day before the effective date of (2) and (3), 6203(c), 6203(e), 6204(c), and 6205) lowing: this section: are amended by striking ‘‘Director of the United ‘‘(1) IN GENERAL.—There’’; and (1) The functions exercised by the Office of States Information Agency’’ each place it ap- (2) by adding at the end the following: Public Liaison of the Agency. pears and inserting ‘‘Under Secretary of State ‘‘(2) UNDER SECRETARY FOR PUBLIC DIPLO- (2) The functions exercised by the Office of for Public Diplomacy’’. MACY.—There shall be in the Department of Congressional and Intergovernmental Affairs of (c) SUBSTITUTION OF ACTING UNDER SEC- State, among the Under Secretaries authorized the Agency. RETARY OF STATE FOR PUBLIC DIPLOMACY.—Sec- by paragraph (1), an Under Secretary for Public (b) EFFECTIVE DATE.—This section shall take effect on the earlier of— tion 304(c) (22 U.S.C. 6203(c)) is amended by Diplomacy who shall have responsibility to as- striking ‘‘acting Director of the agency’’ and in- sist the Secretary and the Deputy Secretary in (1) October 1, 1998, or (2) the date of the proposed transfer of func- serting ‘‘Acting Under Secretary of State for the formation and implementation of United tions described in this section pursuant to the Public Diplomacy’’. States public diplomacy policies and activities, reorganization plan described in section 601. (d) STANDARDS AND PRINCIPLES OF INTER- including international educational and cul- NATIONAL BROADCASTING.—Section 303 (22 CHAPTER 3—INTERNATIONAL tural exchange programs, information, and U.S.C. 6202) is amended— BROADCASTING international broadcasting.’’. (1) in paragraph (3), by inserting ‘‘, including SEC. 314. ABOLITION OF OFFICE OF INSPECTOR SEC. 321. CONGRESSIONAL FINDINGS AND DEC- editorials, broadcast by the Voice of America, GENERAL OF UNITED STATES INFOR- LARATION OF PURPOSE. which present the views of the United States MATION AGENCY AND TRANSFER OF Congress finds that— Government’’ after ‘‘policies’’; FUNCTIONS. (1) it is the policy of the United States to pro- (2) by redesignating paragraphs (4) through (a) ABOLITION OF OFFICE.—The Office of In- mote the right of freedom of opinion and expres- (9) as paragraphs (5) through (10), respectively; spector General of the United States Informa- sion, including the freedom ‘‘to seek, receive, and tion Agency is abolished. and impart information and ideas through any (3) by inserting after paragraph (3) the fol- (b) AMENDMENTS TO INSPECTOR GENERAL ACT media and regardless of frontiers,’’ in accord- lowing: OF 1978.—Section 11 of the Inspector General ance with Article 19 of the Universal Declara- ‘‘(4) the capability to provide a surge capacity Act of 1978 (5 U.S.C. App.) is amended— tion of Human Rights; to support United States foreign policy objec- (1) in paragraph (1), by striking ‘‘the United (2) open communication of information and tives during crises abroad;’’; States Information Agency’’ and inserting ‘‘the ideas among the peoples of the world contributes (e) AUTHORITIES OF THE BOARD.—Section Broadcasting Board of Governors’’; and to international peace and stability and the pro- 305(a) (22 U.S.C. 6204(a)) is amended— (2) in paragraph (2), by striking ‘‘the United motion of such communication is in the interests (1) in paragraph (1), by striking ‘‘direct and’’; States Information Agency,’’ and inserting ‘‘the of the United States; (2) in paragraph (4), by inserting ‘‘, after con- Broadcasting Board of Governors,’’. (3) it is in the interest of the United States to sultation with the Secretary of State,’’ after (c) EXECUTIVE SCHEDULE.—Section 5315 of support broadcasting to other nations consistent ‘‘annually,’’; title 5, United States Code, is amended— with the requirements of this chapter and the (3) in paragraph (9), by striking ‘‘, through (1) by striking the following: United States International Broadcasting Act of the Director of the United States Information ‘‘Inspector General, United States Information 1994; and Agency,’’; Agency.’’; and (4) international broadcasting is, and should (4) in paragraph (12)— (2) by inserting the following: remain, an essential instrument of United States (A) by striking ‘‘1994 and 1995’’ and inserting ‘‘Inspector General, Broadcasting Board of foreign policy. ‘‘1998 and 1999’’; and Governors.’’. SEC. 322. CONTINUED EXISTENCE OF BROAD- (B) by striking ‘‘to the Board for Inter- (d) AMENDMENTS TO PUBLIC LAW 103–236.— CASTING BOARD OF GOVERNORS. national Broadcasting for such purposes for fis- Subsections (i) and (j) of section 308 of the Section 304(a) of the United States Inter- cal year 1993’’ and inserting ‘‘to the Board and United States International Broadcasting Act of national Broadcasting Act of 1994 (22 U.S.C. the International Broadcasting Bureau for such 1994 (22 U.S.C. 6207 (i) and (j)) are amended— 6203(a)) is amended to read as follows: purposes for fiscal year 1997’’; and (1) by striking ‘‘Inspector General of the ‘‘(a) CONTINUED EXISTENCE WITHIN EXECU- (5) by adding at the end the following new United States Information Agency’’ each place TIVE BRANCH.— paragraphs: it appears and inserting ‘‘Inspector General of ‘‘(1) IN GENERAL.—The Broadcasting Board of ‘‘(15)(A) To procure temporary and intermit- the Broadcasting Board of Governors’’; and Governors shall continue to exist within the Ex- tent personal services to the same extent as is (2) by striking ‘‘the Director of the United ecutive branch of Government as an entity de- authorized by section 3109 of title 5, United States Information Agency,’’. scribed in section 104 of title 5, United States States Code, at rates not to exceed the daily (e) TRANSFER OF FUNCTIONS.— Code. equivalent of the rate provided for positions (1) IN GENERAL.—Except as provided in para- ‘‘(2) RETENTION OF EXISTING BOARD MEM- classified above grade GS–15 of the General graph (2), there are transferred to the Office of BERS.—The members of the Broadcasting Board Schedule under section 5108 of title 5, United the Inspector General of the Department of of Governors appointed by the President pursu- States Code.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5769

‘‘(B) To allow those providing such services, (1) by striking ‘‘United States Information (f) REFERENCES.—Reference in any other Fed- while away from their homes or their regular Agency’’ and inserting ‘‘Broadcasting Board of eral law, Executive order, rule, regulation, or places of business, travel expenses (including Governors’’ each place it appears; delegation of authority, or any document of or per diem in lieu of subsistence) as authorized by (2) by striking ‘‘Agency’’ and inserting relating to the Broadcasting Board of Governors section 5703 of title 5, United States Code, for ‘‘Board’’ each place it appears; of the United States Information Agency with persons in the Government service employed (3) by striking ‘‘Director of the United States regard to functions exercised before the effective intermittently, while so employed. Information Agency’’ each place it appears and date of this chapter, shall be deemed to refer to ‘‘(16) To receive donations, bequests, devises, inserting ‘‘Chairman of the Broadcasting Board the Board. gifts, and other forms of contributions of cash, of Governors’’; SEC. 327. REPORT ON THE PRIVATIZATION OF services, and other property, from persons, cor- (4) in section 244a. (22 U.S.C. 1465cc(a)), by RFE/RL, INCORPORATED. porations, foundations, and all other groups striking ‘‘the Director of the Voice of America’’ (a) FINDINGS.—Congress makes the following and entities both within the United States and and inserting ‘‘the International Broadcasting findings: abroad, and, pursuant to the Federal Property Bureau’’; and (1) The Foreign Relations Authorization Act, and Administrative Services Act of 1949, to use, (5) by striking any other reference to ‘‘Direc- Fiscal Years 1994 and 1995, set a limitation on sell, or otherwise dispose of such property for tor’’ not amended by paragraph (3) or (4) each the operating costs of RFE/RL, Incorporated, at the carrying out of its functions. For the pur- place it appears and inserting ‘‘Chairman’’. $75,000,000 for any fiscal year after fiscal year poses of sections 170, 2055, and 2522 of the Inter- SEC. 326. SAVINGS PROVISIONS. 1995. nal Revenue Code of 1986 (26 U.S.C. 170, 2055, or (a) CONTINUING EFFECT OF LEGAL DOCU- (2) Section 312(a) of the Foreign Relations Au- 2522), the Board shall be deemed to be a cor- MENTS.—All orders, determinations, rules, regu- thorization Act, Fiscal Years 1994 and 1995, ex- poration described in section 170(c)(2), lations, permits, agreements, grants, contracts, pressed the sense of Congress that, in further- 2055(a)(2), or 2522(a)(2) of the Code, as the case certificates, licenses, registrations, privileges, ance of the objectives of section 302 of that Act, may be.’’. and other administrative actions— the funding of RFE/RL, Incorporated, should be (f) BROADCASTING BUDGETS.—Section 305(b)(1) (1) which have been issued, made, granted, or assumed by the private sector not later than De- (22 U.S.C. 6204(b)(1)) is amended— allowed to become effective by the President, cember 31, 1999. (1) by striking ‘‘(1)’’ before ‘‘The Director’’; any Federal agency or official thereof, or by a (3) The conference report on the Foreign Rela- and court of competent jurisdiction, in the perform- tions Authorization Act, Fiscal Years 1994 and (2) by striking ‘‘the Director of the United ance of functions exercised by the Broadcasting 1995 (House Report 103–482) noted that ‘‘The States Information Agency for the consideration Board of Governors of the United States Infor- committee on the conference expects that the of the Director as a part of the Agency’s budget mation Agency on the day before the effective Broadcasting Board of Governors will do every- submission to’’. date of this chapter, and thing possible, within available resources, to (g) REPEAL.—Section 305(b)(2) (22 U.S.C. (2) which are in effect at the time this chapter support this privatization effort’’. 6204(b)(2)) is repealed. takes effect, or were final before the effective (b) DECLARATION OF POLICY.—It is the sense (h) IMPLEMENTATION.—Section 305(c) (22 date of this chapter and are to become effective of Congress that RFE/RL, Incorporated, should U.S.C. 6204(c)) is amended— on or after the effective date of this chapter, act in accordance with subsection (a)(2), that is, shall continue in effect according to their terms (1) by striking ‘‘Director of the United States that the United States Government should cease until modified, terminated, superseded, set Information Agency and the’’; and Federal support for RFE/RL, Incorporated, aside, or revoked in accordance with law by the (2) by striking ‘‘their’’ and inserting ‘‘its’’. prior to December 31, 1999. President, the Broadcasting Board of Gov- (c) REPORT.—Not later than 90 days after the (i) FOREIGN POLICY GUIDANCE.—Section 306 ernors, or other authorized official, a court of (22 U.S.C. 6205) is amended by inserting before date of enactment of this Act and every 180 days competent jurisdiction, or by operation of law. the period at the end the following: ‘‘, as the thereafter, the President acting through the (b) PROCEEDINGS NOT AFFECTED.—The provi- Secretary may deem appropriate’’. Chairman of the Broadcasting Board of Gov- sions of this chapter, or amendments made by ernors shall submit to the appropriate congres- (j) INTERNATIONAL BROADCASTING BUREAU.— this chapter, shall not affect any proceedings, Section 307 (22 U.S.C. 6206) is amended— sional committees a report on the progress of the including notices of proposed rulemaking, or (1) in subsection (a), by striking ‘‘within the Board and of RFE/RL, Incorporated, in imple- any application for any license, permit, certifi- United States Information Agency’’ and insert- menting section 312(a) of the Foreign Relations cate, or financial assistance pending before the ing ‘‘under the Board’’; Authorization Act, Fiscal Years 1994 and 1995. Broadcasting Board of Governors of the United (2) in subsection (b)(1), by striking ‘‘Chairman The report under this subsection shall include States Information Agency at the time this of the Board, in consultation with the Director the following: chapter takes effect, with respect to functions (1) Efforts by RFE/RL, Incorporated, to termi- of the United States Information Agency and exercised by the Board as of the effective date of nate individual language services. with the concurrence of a majority of the this chapter but such proceedings and applica- (2) A detailed description of steps taken to Board’’ and inserting ‘‘President, by and with tions shall be continued. Orders shall be issued comply with subsection (a)(2). the advice and consent of the Senate’’; and in such proceedings, appeals shall be taken (3) An analysis of prospects for privatization (3) by redesignating subsection (b)(1) as sub- therefrom, and payments shall be made pursu- over the coming year. section (b). ant to such orders, as if this chapter had not (d) DEFINITIONS.—In this section, the term (k) REPEALS.—The following provisions of law been enacted, and orders issued in any such ‘‘the Board’’ means the Broadcasting Board of are repealed: proceedings shall continue in effect until modi- Governors. (1) Subsections (k) and (l) of section 308 (22 fied, terminated, superseded, or revoked by a CHAPTER 4—CONFORMING AMENDMENTS U.S.C. 6207(k). duly authorized official, by a court of competent (2) Section 310 (22 U.S.C. 6209). SEC. 331. REFERENCES. jurisdiction, or by operation of law. Nothing in (l) ADDITIONAL REFERENCE TO DIRECTOR OF Any reference in any statute, reorganization this subsection shall be deemed to prohibit the USIA.—Section 311 (22 U.S.C. 6210) is amended plan, Executive order, regulation, agreement, discontinuance or modification of any such pro- by striking ‘‘the Director of the United States determination, or other official document or pro- ceeding under the same terms and conditions Information Agency and’’. ceeding to— and to the same extent that such proceeding (1) the Director of the United States Informa- SEC. 324. AMENDMENTS TO THE RADIO BROAD- could have been discontinued or modified if this CASTING TO CUBA ACT. tion Agency or the Director of the International chapter had not been enacted. Communication Agency shall be deemed to refer The Radio Broadcasting to Cuba Act (22 (c) SUITS NOT AFFECTED.—The provisions of U.S.C. 1465 et seq.) is amended— to the Secretary of State; and this chapter, and amendments made by this (2) the United States Information Agency, (1) by striking ‘‘United States Information chapter, shall not affect suits commenced before USIA, or the International Communication Agency’’ each place it appears and inserting the effective date of this chapter, and in all Agency shall be deemed to refer to the Depart- ‘‘Broadcasting Board of Governors’’; such suits, proceedings shall be had, appeals ment of State, except as otherwise provided by (2) by striking ‘‘Agency’’ each place it appears taken, and judgments rendered in the same this division. and inserting ‘‘Board’’; manner and with the same effect as if this chap- (3) by striking ‘‘the Director of the United SEC. 332. AMENDMENTS TO TITLE 5, UNITED ter had not been enacted. STATES CODE. States Information Agency’’ each place it ap- (d) NONABATEMENT OF ACTIONS.—No suit, ac- Title 5, United States Code, is amended— pears and inserting ‘‘the Chairman of the tion, or other proceeding commenced by or (1) in section 5313, by striking ‘‘Director of the Broadcasting Board of Governors’’; against the Board, or by or against any indi- United States Information Agency.’’; (4) in section 4 (22 U.S.C. 1465b), by striking vidual in the official capacity of such individual (2) in section 5315— ‘‘the Director of the Voice of America’’ and in- as an officer of the Board, shall abate by reason (A) by striking ‘‘Deputy Director of the serting ‘‘the International Broadcasting Bu- of the enactment of this chapter. United States Information Agency.’’; and reau’’; and (e) ADMINISTRATIVE ACTIONS RELATING TO (B) by adding at the end the following: (5) by striking any other reference to ‘‘Direc- PROMULGATION OF REGULATIONS.—Any admin- ‘‘Director of the International Broadcasting tor’’ not amended by paragraph (3) each place istrative action relating to the preparation or Bureau.’’; and it appears and inserting ‘‘Chairman’’. promulgation of a regulation by the Board relat- (3) in section 5316, by striking ‘‘Deputy Direc- SEC. 325. AMENDMENTS TO THE TELEVISION ing to a function exercised by the Board before tor, Policy and Plans, United States Informa- BROADCASTING TO CUBA ACT. the effective date of this chapter may be contin- tion Agency.’’ and striking ‘‘Associate Director The Television Broadcasting to Cuba Act (22 ued by the Board with the same effect as if this (Policy and Plans), United States Information U.S.C. 1465aa et seq.) is amended— chapter had not been enacted. Agency.’’.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5770 CONGRESSIONAL RECORD — SENATE June 17, 1997 SEC. 333. BAN ON DOMESTIC ACTIVITIES. tion 601, and except as provided in section 412, nization plan transmitted pursuant to section Section 208 of the Foreign Relations Author- there is within the Executive branch of Govern- 601. ization Act, Fiscal Years 1986 and 1987 (22 ment the United States Agency for International (b) FUNCTIONS TO BE TRANSFERRED.—The re- U.S.C. 1461–1a) is amended— Development as an entity described in section organization of the Agency for International (1) by striking out ‘‘United States Information 104 of title 5, United States Code. Development shall provide, at a minimum, for Agency’’ each of the two places it appears and (b) RETENTION OF OFFICERS.—Nothing in this the transfer to and consolidation with the De- inserting ‘‘Department of State’’; and section shall require the reappointment of any partment of State of the following functions of (2) by inserting ‘‘in carrying out international officer of the United States serving in the Agen- the Agency: information, educational, and cultural activities cy for International Development of the United (1) Press and public affairs. comparable to those previously administered by States International Development Cooperation (2) Legislative affairs. the United States Information Agency’’ before Agency as of the day before the effective date of ‘‘shall be distributed’’. CHAPTER 3—AUTHORITIES OF THE this title. SECRETARY OF STATE TITLE IV—UNITED STATES INTER- (c) UTILIZATION OF THE FOREIGN SERVICE SEC. 521. DEFINITION OF UNITED STATES ASSIST- NATIONAL DEVELOPMENT COOPERA- PERSONNEL SYSTEM.—Section 202(a)(1) of the TION AGENCY ANCE. Foreign Service Act of 1980 (22 U.S.C. 3922(a)(1)) In this chapter, the term ‘‘United States as- CHAPTER 1—GENERAL PROVISIONS is amended to read as follows: sistance’’ means development and other eco- SEC. 401. EFFECTIVE DATE. ‘‘(a)(1) The Administrator of the United States nomic assistance, including assistance made This title, and the amendments made by this Agency for International Development may uti- available under the following provisions of law: title, shall take effect on the earlier of— lize the Foreign Service personnel system with (1) Chapter 1 of part I of the Foreign Assist- (1) October 1, 1998; or respect to the Agency in accordance with this ance Act of 1961 (relating to development assist- (2) the date of abolition of the United States Act.’’. International Development Cooperation Agency ance). CHAPTER 3—CONFORMING AMENDMENTS pursuant to the reorganization plan described in (2) Chapter 4 of part II of the Foreign Assist- section 601. SEC. 421. REFERENCES. ance Act of 1961 (relating to the economic sup- Except as otherwise provided in this title, any port fund). CHAPTER 2—ABOLITION AND TRANSFER (3) Chapter 10 of part I of the Foreign Assist- OF FUNCTIONS reference in any statute, reorganization plan, Executive order, regulation, agreement, deter- ance Act of 1961 (relating to the Development SEC. 411. ABOLITION OF UNITED STATES INTER- mination, or other official document or pro- Fund for Africa). NATIONAL DEVELOPMENT COOPERA- (4) Chapter 11 of part I of the Foreign Assist- TION AGENCY. ceeding to the Director or any other officer or ance Act of 1961 (relating to assistance for the (a) IN GENERAL.—Except for the components employee of the United States International De- independent states of the former Soviet Union). described in subsection (b), the United States velopment Cooperation Agency (IDCA) or the (5) The Support for East European Democracy International Development Cooperation Agency Agency— (including the Institute for Scientific and Tech- (1) insofar as such references relate to func- Act (22 U.S.C. 5401 et seq.). nological Cooperation) is abolished. tions transferred under section 412(a), shall be (6) The FREEDOM Support Act (22 U.S.C. (b) OPIC AND AID EXEMPTED.—Subsection (a) deemed to refer to the Secretary of State; 5801 et seq.). does not apply to the Agency for International (2) insofar as such references relate to func- SEC. 522. PLACEMENT OF ADMINISTRATOR OF Development or the Overseas Private Investment tions transferred under section 412(b), shall be AID UNDER THE DIRECT AUTHORITY Corporation. deemed to refer to the Administrator of the OF THE SECRETARY OF STATE. SEC. 412. TRANSFER OF FUNCTIONS. Agency for International Development; and The Administrator of the Agency for Inter- (a) TO THE SECRETARY OF STATE.—There are (3) insofar as such references relate to func- national Development, appointed pursuant to transferred to the Secretary of State the func- tions transferred under section 412(c), shall be section 624(a) of the Foreign Assistance Act of tions of the Director of the United States Inter- deemed to refer to such agency or agencies as 1961 (22 U.S.C. 2384(a)), shall serve under the di- national Development Cooperation Agency and may be specified in the reorganization plan sub- rect authority of the Secretary of State. of the United States International Development mitted under section 601. SEC. 523. ASSISTANCE PROGRAMS COORDINA- TION, IMPLEMENTATION, AND OVER- Cooperation Agency, as of the day before the ef- SEC. 422. CONFORMING AMENDMENTS. SIGHT. fective date of this title, in allocating the funds The following shall cease to be effective: (a) AUTHORITY OF THE SECRETARY OF described in subsection (d). (1) Reorganization Plan Numbered 2 of 1979 (5 STATE.— (b) WITH RESPECT TO THE OVERSEAS PRIVATE U.S.C. App.). INVESTMENT CORPORATION.—There are trans- (1) IN GENERAL.—Under the direction of the (2) Section 1–101 through 1–103, sections 1–401 President, the Secretary of State shall coordi- ferred to the Administrator of the Agency for through 1–403, section 1–801(a), and such other International Development all functions of the nate all programs, projects, and activities of provisions that relate to the United States Inter- United States assistance in accordance with this Director of the United States International De- national Development Cooperation Agency or velopment Cooperation Agency as of the day be- section, except as provided in paragraphs (2) the Director of such Agency, of Executive Order and (3). fore the effective date of this title with respect No. 12163 (22 U.S.C. 2381 note; relating to ad- to the Overseas Private Investment Corporation. (2) EXPORT PROMOTION ACTIVITIES.—Coordi- ministration of foreign assistance and related nation of activities relating to promotion of ex- (c) TO ANOTHER AGENCY OR AGENCIES.— functions). (1) PURSUANT TO A REORGANIZATION PLAN.— ports of United States goods and services shall (3) The International Development Coopera- Except as provided in paragraph (2), there are continue to be primarily the responsibility of the tion Agency Delegation of Authority Numbered transferred to such agency or agencies as may Secretary of Commerce. 1 (44 Fed. Reg. 57521), except for section 1–6 of be specified in the reorganization plan trans- (3) INTERNATIONAL ECONOMIC ACTIVITIES.—Co- such Delegation of Authority. mitted under section 601 all functions not trans- ordination of activities relating to United States (4) Section 3 of Executive Order No. 12884 (58 ferred under subsection (a) of the Director of the participation in international financial institu- Fed. Reg. 64099; relating to the delegation of United States International Development Co- tions and relating to organization of multilat- functions under the Freedom for Russia and operation Agency and the United States Inter- eral efforts aimed at currency stabilization, cur- Emerging Eurasian Democracies and Open Mar- national Development Cooperation Agency as of rency convertibility, debt reduction, and com- kets Support Act of 1992, the Foreign Assistance the day before the effective date of this title. prehensive economic reform programs shall con- Act of 1961, the Foreign Operations, Export Fi- (2) FAILURE TO SUBMIT A REORGANIZATION tinue to be primarily the responsibility of the nancing and Related Programs Appropriations PLAN.—In the event that the President fails to Secretary of the Treasury. Act, 1993, and section 301 of title 3, United submit a reorganization plan under section 601, (4) RELATION TO EXISTING LAW.—The respon- all functions not transferred under subsection States Code). sibilities of the Secretary of State under this sec- (a) or (b) of the Director of the United States TITLE V—AGENCY FOR INTERNATIONAL tion are in addition to responsibilities of the International Development Cooperation Agency DEVELOPMENT Secretary under section 622(c) of the Foreign As- and the United States International Develop- CHAPTER 1—GENERAL PROVISIONS sistance Act of 1961 (22 U.S.C. 2382(c)). (b) COORDINATION ACTIVITIES.—Coordination ment Cooperation Agency as of the day before SEC. 501. EFFECTIVE DATE. the effective date of this title shall be trans- activities of the Secretary of State under sub- This title, and the amendments made by this ferred to the Secretary of State. section (a) shall include— title, shall take effect on the earlier of— (d) ALLOCATION OF FUNDS.—Funds under the (1) designing an overall assistance and eco- (1) October 1, 1998; or categories of assistance deemed allocated to the nomic cooperation strategy; (2) the date of reorganization of the Agency Director of the International Development Co- (2) ensuring program and policy coordination for International Development pursuant to the operation Agency under section 1–801 of Execu- among agencies of the United States Govern- reorganization plan described in section 601. tive Order No. 12163 (22 U.S.C. 2381 note) as of ment in carrying out the policies set forth in the the day before the effective date of this title CHAPTER 2—REORGANIZATION AND Foreign Assistance Act of 1961, the Arms Export shall be deemed allocated to the Secretary of TRANSFER OF FUNCTIONS Control Act, and other relevant assistance Acts; State on and after that date without further ac- SEC. 511. REORGANIZATION OF AGENCY FOR (3) pursuing coordination with other countries tion by the President. INTERNATIONAL DEVELOPMENT. and international organizations; SEC. 413. STATUS OF AID. (a) IN GENERAL.—The Agency for Inter- (4) ensuring proper management, implementa- (a) IN GENERAL.—Unless abolished pursuant national Development shall be reorganized in tion, and oversight by agencies responsible for to the reorganization plan submitted under sec- accordance with this division and the reorga- assistance programs; and

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5771 (5) resolving policy, program, and funding dis- (3) identify the number of personnel and num- graph for a reorganization plan described in putes among United States Government agen- ber of positions of the Department (including this section is such date as the President shall cies. civil service personnel, Foreign Service per- determine to be appropriate and announce by (c) STATUTORY CONSTRUCTION.—Nothing in sonnel, and detailees) that will be transferred notice published in the Federal Register, which this section may be construed to lessen the ac- within the Department, separated from service date may be not earlier than 60 calendar days countability of any Federal agency admin- with the Department, or eliminated under the (excluding any day on which either House of istering any program, project, or activity of plan, and set forth a schedule for such trans- Congress is not in session because of an ad- United States assistance for any funds made fers, separations, and terminations; journment sine die or because of an adjourn- available to the agency for that purpose. (4) specify the steps to be taken by the Sec- ment of more than 3 days to a day certain) after (d) AUTHORITY TO PROVIDE PERSONNEL OF retary of State to reorganize internally the func- the President has transmitted the reorganization THE AGENCY FOR INTERNATIONAL DEVELOP- tions of the Department, including the consoli- plan to the appropriate congressional commit- MENT.—The Administrator of the Agency for dation of offices and functions, that will be re- tees pursuant to subsection (a). International Development shall, upon request, quired under the plan in order to permit the De- (4) STATUTORY CONSTRUCTION.—Nothing in detail to the Department of State on a nonreim- partment to carry out the functions transferred this subsection may be construed to require the bursable basis such personnel employed by the to it under the plan; transfer of functions, personnel, records, bal- Agency as the Secretary of State may require to (5) specify the funds available to each agency ance of appropriations, or other assets of an carry out this section. that will be transferred to the Department as a agency on a single date. SEC. 524. SENSE OF THE SENATE REGARDING AP- result of the transfer of functions of such agen- (5) SUPERSEDES EXISTING LAW.—Paragraph (1) PORTIONMENT OF CERTAIN FUNDS cy to the Department; shall apply notwithstanding section 905(b) of TO THE SECRETARY OF STATE. (6) specify the proposed allocations within the title 5, United States Code. It is the sense of the Senate that the Director Department of unexpended funds transferred in CHAPTER 2—REORGANIZATION of the Office of Management and Budget should connection with the transfer of functions under AUTHORITY apportion United States assistance funds appro- the plan; SEC. 611. REORGANIZATION AUTHORITY. priated to the President under major functional (7) specify the proposed disposition of the (a) IN GENERAL.—The Secretary is authorized, budget category 150 (relating to international property, facilities, contracts, records, and other subject to the requirements of this division, to affairs) to the Secretary of State in lieu of the assets and liabilities of each such agency in con- allocate or reallocate any function transferred apportionment of those funds to the head of any nection with the transfer of the functions of the to the Department under any title of this divi- other Federal agency. agency to the Department; and sion among the officers of the Department, and TITLE VI—TRANSITION (8) recommend legislation necessary to carry to establish, consolidate, alter, or discontinue CHAPTER 1—REORGANIZATION PLAN out changes made by this division relating to such organizational entities within the Depart- personnel and to incidental transfers. SEC. 601. REORGANIZATION PLAN. ment as may be necessary or appropriate to (d) REORGANIZATION PLAN OF AGENCY FOR (a) SUBMISSION OF PLAN.—Not later than Oc- carry out any reorganization under this divi- INTERNATIONAL DEVELOPMENT.—In addition to tober 1, 1997, or the date that is 15 days after sion, but the authority of the Secretary under applicable provisions of subsection (c), the reor- the date of the enactment of this Act, whichever this section does not extend to— ganization plan transmitted under this section occurs later, the President shall, in consultation (1) the abolition of organizational entities or for the Agency for International Development— with the Secretary and the heads of the agencies officers established by this Act or any other Act; (1) may provide for the abolition of the Agen- under subsection (b), transmit to the appro- or cy for International Development and the trans- priate congressional committees a reorganization (2) the alteration of the delegation of func- fer of all its functions to the Department of plan providing for— tions to any specific organizational entity or of- State; or (1) with respect to the United States Arms ficer required by this Act or any other Act. (2) in lieu of the abolition and transfer of Control and Disarmament Agency, the United (b) REQUIREMENTS AND LIMITATIONS ON REOR- functions under paragraph (1)— States Information Agency, and the United GANIZATION PLAN.—The reorganization plan (A) shall provide for the transfer to and con- States International Development Cooperation under section 601 may not have the effect of— solidation within the Department of the func- (1) creating a new executive department; Agency, the abolition of each agency in accord- tions of the agency set forth in section 511; and (2) continuing a function beyond the period ance with this division; (B) may provide for additional consolidation, authorized by law for its exercise or beyond the (2) with respect to the Agency for Inter- reorganization, and streamlining of the Agency, time when it would have terminated if the reor- national Development, the consolidation and including— ganization had not been made; streamlining of the Agency and the transfer of (i) the termination of functions and reduc- (3) authorizing an agency to exercise a func- certain functions of the Agency to the Depart- tions in personnel of the Agency; tion which is not authorized by law at the time ment in accordance with section 511; (ii) the transfer of functions of the Agency, the plan is transmitted to Congress; (3) with respect to the United States Informa- and the personnel associated with such func- (4) creating a new agency which is not a com- tion Agency, the transfer of certain functions of tions, to the Department; and ponent or part of an existing executive depart- the Agency to the Department in accordance (iii) the consolidation, reorganization, and ment or independent agency; or with section 313; streamlining of the Department upon the trans- (5) increasing the term of an office beyond (4) the termination of functions of each agen- fer of such functions and personnel in order to that provided by law for the office. cy that would be redundant if transferred to the carry out the functions transferred. SEC. 612. TRANSFER AND ALLOCATION OF APPRO- Department, and the separation from service of (e) MODIFICATION OF PLAN.—The President PRIATIONS AND PERSONNEL. employees of each such agency or of the Depart- may, on the basis of consultations with the ap- (a) IN GENERAL.—Except as otherwise pro- ment not otherwise provided for in the plan; propriate congressional committees, modify or vided in this Act, the personnel employed in (5) the transfer to the Department of the func- connection with, and the assets, liabilities, con- tions and personnel of each agency consistent revise the plan transmitted under subsection (a). (f) EFFECTIVE DATE.— tracts, property, records, and unexpended bal- with the provisions of this division; and ance of appropriations, authorizations, alloca- (6) the consolidation, reorganization, and (1) IN GENERAL.—The reorganization plan de- scribed in this section, including any modifica- tions, and other funds employed, held, used, streamlining of the Department upon the trans- arising from, available to, or to be made avail- fer of such functions and personnel in order to tions or revisions of the plan under subsection (e), shall become effective on the earlier of the able in connection with the functions and of- carry out such functions. fices, or portions thereof transferred by any title (b) COVERED AGENCIES.—The agencies under date for the respective agency specified in para- of this division, subject to section 1531 of title 31, this subsection are the following: graph (2) or the date announced by the Presi- (1) The United States Arms Control and Disar- dent under paragraph (3). United States Code, shall be transferred to the mament Agency. (2) STATUTORY EFFECTIVE DATES.—The effec- Secretary for appropriate allocation. (2) The United States Information Agency. tive dates under this paragraph for the reorga- (b) LIMITATION ON USE OF TRANSFERRED (3) The United States International Develop- nization plan described in this section are the FUNDS.—Unexpended and unobligated funds ment Cooperation Agency. following: transferred pursuant to any title of this division (4) The Agency for International Develop- (A) October 1, 1998, with respect to functions shall be used only for the purposes for which ment. of the Agency for International Development de- the funds were originally authorized and appro- (c) PLAN ELEMENTS.—The plan transmitted scribed in section 511. priated. under subsection (a) shall— (B) October 1, 1998, with respect to functions SEC. 613. INCIDENTAL TRANSFERS. (1) identify the functions of each agency that of the United States Information Agency de- The Director of the Office of Management and will be transferred to the Department under the scribed in section 313. Budget, in consultation with the Secretary, is plan; (C) October 1, 1998, with respect to the aboli- authorized to make such incidental dispositions (2) identify the number of personnel and num- tion of the United States Arms Control and Dis- of personnel, assets, liabilities, grants, con- ber of positions of each agency (including civil armament Agency and the United States Inter- tracts, property, records, and unexpended bal- service personnel, Foreign Service personnel, national Development Cooperation Agency. ances of appropriations, authorizations, alloca- and detailees) that will be transferred to the De- (D) October 1, 1999, with respect to the aboli- tions, and other funds held, used, arising from, partment, separated from service with such tion of the United States Information Agency available to, or to be made available in connec- agency, or eliminated under the plan, and set (other than as described in subparagraph (B)). tion with such functions, as may be necessary to forth a schedule for such transfers, separations, (3) EFFECTIVE DATE BY PRESIDENTIAL DETER- carry out the provisions of any title of this divi- and terminations; MINATION.—An effective date under this para- sion. The Director of the Office of Management

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5772 CONGRESSIONAL RECORD — SENATE June 17, 1997 and Budget, in consultation with the Secretary, ferred to the Secretary or any other official of (8) It is in the national interest to review the shall provide for the termination of the affairs the Department, then such suit shall be contin- functions, conduct, and structure of United of all entities terminated by this division and for ued with the Secretary or other appropriate offi- States foreign policy for the 21st century. such further measures and dispositions as may cial of the Department substituted or added as SEC. 702. ESTABLISHMENT. be necessary to effectuate the purposes of any a party. There is established a commission to be known title of this division. (f) REVIEWABILITY OF ORDERS AND ACTIONS as the Commission on the Functions, Conduct, SEC. 614. SAVINGS PROVISIONS. UNDER TRANSFERRED FUNCTIONS.—Orders and and Structure of United States Foreign Policy (a) CONTINUING LEGAL FORCE AND EFFECT.— actions of the Secretary in the exercise of func- for the 21st Century (in this title referred to as All orders, determinations, rules, regulations, tions transferred under any title of this division the ‘‘Commission’’). shall be subject to judicial review to the same permits, agreements, grants, contracts, certifi- SEC. 703. COMPOSITION AND QUALIFICATIONS. extent and in the same manner as if such orders cates, licenses, registrations, privileges, and (a) MEMBERSHIP.—The Commission shall be and actions had been by the agency or office, or other administrative actions— composed of 9 members who shall be United part thereof, exercising such functions imme- (1) that have been issued, made, granted, or States citizens who have substantial experience diately preceding their transfer. Any statutory allowed to become effective by the President, with and expertise in the operations of the for- requirements relating to notice, hearings, action any Federal agency or official thereof, or by a eign affairs agencies of the Federal Government, upon the record, or administrative review that court of competent jurisdiction, in the perform- to be selected as follows: ance of functions that are transferred under apply to any function transferred by any title of (1) Five members shall be appointed by the any title of this division; and this division shall apply to the exercise of such President, at least 3 of whom shall have held (2) that are in effect at the time such title function by the Secretary. senior positions in at least 1 foreign affairs takes effect, or were final before the effective SEC. 615. PROPERTY AND FACILITIES. agency of the Federal Government, except that date of such title and are to become effective on The Secretary shall review the property and not more than 3 members may be appointed from or after the effective date of such title, facilities transferred to the Department under the same political party. shall continue in effect according to their terms this division to determine whether such property (2) One member shall be appointed by the Ma- until modified, terminated, superseded, set and facilities are required by the Department. jority Leader of the Senate. aside, or revoked in accordance with law by the SEC. 616. AUTHORITY OF SECRETARY OF STATE (3) One member shall be appointed by the Mi- President, the Secretary, or other authorized of- TO FACILITATE TRANSITION. nority Leader of the Senate. ficial, a court of competent jurisdiction, or by Prior to, or after, any transfer of a function (4) One member shall be appointed by the operation of law. under any title of this division, the Secretary is Speaker of the House of Representatives. (b) PENDING PROCEEDINGS.—(1) The provisions authorized to utilize— (5) One member shall be appointed by the Mi- of any title of this division shall not affect any (1) the services of such officers, employees, nority Leader of the House of Representatives. proceedings, including notices of proposed rule- and other personnel of an agency with respect (b) CHAIR AND VICE CHAIR.—The President making, or any application for any license, per- to functions that will be or have been trans- shall designate, in consultation with the Major- mit, certificate, or financial assistance pending ferred to the Department by any title of this di- ity Leader of the Senate, the Minority Leader of on the effective date of any title of this division vision; and the Senate, the Speaker of the House of Rep- before any department, agency, commission, or (2) funds appropriated to such functions for resentatives, and the Minority Leader of the component thereof, functions of which are such period of time as may reasonably be needed House of Representatives, 2 of the members of transferred by any title of this division. Such to facilitate the orderly implementation of any the Commission to serve as Chair and Vice proceedings and applications, to the extent that title of this division. Chair, respectively. they relate to functions so transferred, shall be SEC. 617. FINAL REPORT. (c) PERIOD OF APPOINTMENT, VACANCIES.— continued. Not later than January 1, 2000, the President, Members shall be appointed for the life of the (2) Orders shall be issued in such proceedings, in consultation with the Secretary of the Treas- Commission. Any vacancy in the Commission appeals shall be taken therefrom, and payments ury and the Director of the Office of Manage- shall not affect its powers but shall be filled ex- shall be made pursuant to such orders, as if this ment and Budget shall submit to the appro- peditiously in the same manner as the original division had not been enacted. Orders issued in priate congressional committees a report which appointment. any such proceedings shall continue in effect provides a final accounting of the finances and (d) DEADLINE FOR APPOINTMENTS.—The ap- until modified, terminated, superseded, or re- operations of the agencies abolished under this pointments required by subsection (a) shall, to voked by the Secretary, by a court of competent division. the extent practicable, be made within 30 days jurisdiction, or by operation of law. TITLE VII—FUNCTIONS, CONDUCT, AND after the date of enactment of this Act. (3) Nothing in this division shall be deemed to STRUCTURE OF UNITED STATES FOR- (e) MEETINGS.— prohibit the discontinuance or modification of EIGN POLICY FOR THE 21ST CENTURY. (1) FREQUENCY OF MEETINGS.—The Commis- sion shall meet upon request of the Chair but any such proceeding under the same terms and SEC. 701. FINDINGS. not less than once every 2 months for the dura- conditions and to the same extent that such pro- Congress makes the following findings: ceeding could have been discontinued or modi- (1) The United States has prevailed after a tion of the Commission. fied if this division had not been enacted. half-century of Cold War and must now rede- (2) FIRST MEETING.—The Commission shall (4) The Secretary is authorized to promulgate sign diplomacy to meet the different challenges hold its first meeting not later than 2 months regulations providing for the orderly transfer of of a new and changed international context. after the date of enactment of this Act. proceedings continued under this subsection to (2) The security of the United States requires (f) QUORUM.—Five members of the Commission the Department. that the United States maintain an effective, shall constitute a quorum, but a lesser number (c) NO EFFECT ON JUDICIAL PROCEEDINGS.— professional diplomacy, working in concert with of members may hold hearings, take testimony, Except as provided in subsection (e)— the national intelligence and defense forces of or receive evidence. (1) the provisions of this division shall not af- the United States. (g) SECURITY CLEARANCES.—Appropriate secu- fect suits commenced prior to the effective date (3) With modern communications and accel- rity clearances shall be required for members of of this Act, and erating technological change, the world is ever the Commission. Such clearances shall be proc- (2) in all such suits, proceedings shall be had, more interdependent. essed and completed on an expedited basis by appeals taken, and judgments rendered in the (4) Because 30 percent of the United States appropriate elements of the executive branch of same manner and effect as if this division had gross domestic product is trade-related and Government and shall, in any case, be com- not been enacted. every one billion dollars of United States exports pleted within 60 days after the date such mem- (d) NONABATEMENT OF PROCEEDINGS.—No represents 20,000 American jobs, national pros- bers are appointed. suit, action, or other proceeding commenced by perity requires assured access to foreign markets SEC. 704. DUTIES OF THE COMMISSION. or against any officer in the official capacity of and our diplomacy promotes and defends that (a) IN GENERAL.—It shall be the duty of the such individual as an officer of any department access. Commission— or agency, functions of which are transferred by (5) American consumers and American indus- (1) to review the functions required of United any title of this division, shall abate by reason try count upon the availability of foreign goods States foreign policy to assure continued United of the enactment of this division. No cause of and raw materials. States global leadership in the 21st century; action by or against any department or agency, (6) The new international agenda includes the (2) to assess the effectiveness and adequacy of functions of which are transferred by any title following pressing issues, which the Cold War the current structures, procedures, and prior- of this division, or by or against any officer diplomatic structure of the United States is not ities of foreign policy decisionmaking and man- thereof in the official capacity of such officer framed to address adequately: intellectual prop- agement, and, if necessary, to consider alter- shall abate by reason of the enactment of this erty rights, refugee migrations, runaway immi- natives; division. gration, ethnic conflict, narcotics, international (3) to evaluate the general level and appor- (e) CONTINUATION OF PROCEEDING WITH SUB- terrorism, epidemic disease, human rights, the tionment of resources necessary to promote STITUTION OF PARTIES.—If, before the date on advancement of democracy and of market eco- United States interests, values, and principles which any title of this division takes effect, any nomic systems in developing countries, and a abroad and to assess the contribution of diplo- department or agency, or officer thereof in the hospitable natural environment. matic functions to the national security of the official capacity of such officer, is a party to a (7) The United States, as the one remaining United States; and suit, and under this division any function of global power, must provide global leadership to (4) to submit reports and recommendations as such department, agency, or officer is trans- address these issues that affect Americans. described in section 705.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5773

(b) IMPLEMENTATION.—In carrying out sub- mission shall submit to the President, the Sec- United States Code, governing appointments in section (a), the Commission shall consult with retary of State, and Congress a report describing the competitive services, appoint a staff director, appropriate officers of the executive branch of the activities, findings, and recommendations of subject to the approval of the Commission, and Government and appropriate Members of Con- the Commission. such additional personnel as necessary to en- gress and shall specifically consider the fol- (2) LEGISLATIVE RECOMMENDATIONS.—In addi- able the Commission to perform its duties. lowing: tion to the requirements of paragraph (1), the (2) COMPENSATION.—The Chair of the Commis- (1) What should be the operating principles report shall make recommendations that may be sion may fix the pay of the staff director and and functions of the foreign affairs bureauc- implemented through the enactment of legisla- other personnel without regard to the provisions racies of the United States? tion or the issuance of an Executive order, as of chapter 51 or subchapter III of chapter 53 of (2) Is the apparatus for formulating and exe- appropriate. title 5, United States Code, relating to classifica- cuting the foreign affairs policies of the United (d) INTERIM REPORTS ON IMPLEMENTATION.— tion of positions and General Schedule pay States organized most effectively to achieve its The Commission shall submit to the President, rates, except that the rate of pay fixed under aims, particularly with respect to the non- the Secretary of State, and Congress such in- this paragraph for the staff director may not ex- military aspects of the President’s national se- terim reports on the status of implementation of ceed the rate payable for level III of the Execu- curity strategy? recommendations as it deems necessary and ap- tive Schedule under section 5316 of such title (3) What are the implications for the func- propriate. and the rate of pay for other personnel may not tions, resources, and structures of the foreign (e) EVALUATION OF IMPLEMENTATION.—The exceed the maximum rate payable for grade GS– affairs agencies of the United States of funda- members of the Commission shall make them- 15 of the General Schedule. mental changes in the international environ- selves available to relevant committees of Con- (d) DETAIL OF GOVERNMENT EMPLOYEES.— ment, especially advances in information tech- gress to discuss their views of the implementa- Upon the request of the Chair of the Commis- nology, economic interdependence, and the tion of recommendations and proposals sub- sion, the head of any Federal department or emergence of rival countries or interests? mitted by the Secretary of State in compliance agency is authorized and encouraged to detail, (4) Is the overseas representation of the with the provisions of this title. on a nonreimbursable basis, any personnel of United States Government of adequate size, SEC. 706. POWERS. that department or agency to the Commission to assist it in carrying out its functions. properly distributed, and supported with suffi- (a) HEARINGS.—The Commission or, at its di- (e) PROCUREMENT OF TEMPORARY AND INTER- cient resources to advocate effectively the na- rection, any panel of members of the Commis- MITTENT SERVICES.—The Chair of the Commis- tional interests, values, and principles of the sion, may, for the purpose of carrying out the sion may procure temporary and intermittent United States? provisions of this title, hold hearings, take testi- services under section 3109(b) of title 5, United (5) Are the foreign affairs agencies structured mony, receive evidence, and administer oaths to States Code, at rates for individuals which do to best advance the national interests, values, the extent that the Commission or any panel not exceed the daily equivalent of the annual and principles of the United States? considers advisable. rate of basic pay payable for level IV of the Ex- (6) Do the current personnel systems of the (b) INFORMATION FROM FEDERAL AGENCIES.— ecutive Schedule under section 5316 of such title. foreign affairs agencies produce individuals The Commission may secure directly from any (f) ADMINISTRATIVE AND SUPPORT SERVICES.— trained and supported in the skills necessary to Federal department or agency information that The Secretary of State may furnish the Commis- project American leadership abroad in the 21st the Commission considers necessary to enable sion any administrative and support services re- century? the Commission to carry out its responsibilities quested by the Commission consistent with this (7) What level and allocation among foreign under this section. Upon the request of the title. The Department of State shall be reim- affairs agencies and functions of resources are Chair of the Commission, the head of any such bursed for any costs for these services by other necessary to promote effectively United States department or agency shall furnish such infor- appropriate Federal departments and agencies national interests, values, and principles? mation expeditiously to the Commission. on a basis consistent with worldwide levels of (8) What is the rationale, mission, and mecha- (c) POSTAL, PRINTING, AND BINDING SERV- international cooperative administrative support nism for delivering foreign assistance? Could ICES.—The Commission may use the United system participation and funding. such resources be better managed and delivered States mails and obtain printing and binding SEC. 708. PAYMENT OF COMMISSION EXPENSES. through private entities or other organizations? services in the same manner and under the same The compensation, travel expenses, and per (9) How should multilateral institutions, coali- conditions as other departments and agencies of diem allowances of members and employees of tion building, and unilateral actions be used to the Federal Government. the Commission, and other expenses of the Com- promote American national interests, values, (d) PANELS.—The Commission may establish mission shall be paid out of funds appropriated and principles abroad? What is the most effec- panels composed of less than the full member- by Congress. tive way to coordinate the foreign policy inter- ship of the Commission for the purpose of car- ests of special interest groups, including non- rying out the Commission’s duties. The action of SEC. 709. TERMINATION. The Commission shall terminate upon submis- governmental organizations? each panel shall be subject to the review and sion of the final report on findings and rec- (10) How should coordination be improved and control of the Commission. Any findings and de- ommendations, section 705(c), except as provided resources be allocated between all the United terminations made by such a panel shall not be for in section 705(e). States foreign affairs agencies? considered the findings and determinations of (11) What is the appropriate mechanism for the Commission unless approved as such by the SEC. 710. EXECUTIVE BRANCH ACTION. determining the appropriate level of representa- Commission. (a) SECRETARY OF STATE’S REVIEW.—Promptly after the date of enactment of this Act, the Sec- tion overseas of each department or agency of (e) AUTHORITY OF INDIVIDUALS TO ACT FOR retary of State, in consultation with the heads the United States? THE COMMISSION.—Any member or agent of the (12) What is the appropriate mechanism to Commission may, if authorized by the Commis- of all other affected Federal departments and foster cooperation and coordination between the sion, take any action which the Commission is agencies, shall initiate a review of the functions, Department of the State and all departments or authorized to take under this title. conduct, and structure of United States foreign agencies of the United States abroad? relations in the same manner and to the same SEC. 707. PERSONNEL. extent as the review conducted by the Commis- (13) How can consultation and cooperation be (a) COMPENSATION OF MEMBERS.—Each mem- improved between the executive and legislative sion under section 704. ber of the Commission who is a private United (b) INFORMATION FROM FEDERAL AGENCIES.— branches of Government in the formulation, exe- States citizen shall be compensated at a level The Secretary may secure directly from any cution, and evaluation of American foreign pol- not greater than the daily equivalent of the an- Federal department or agency information nec- icy interests so that the United States can maxi- nual rate of basic pay payable for level III of essary to carry out the responsibilities under mize its international effectiveness and speak the Executive Schedule under section 5317 of this section. Upon the request of the Secretary, with a strong voice on vital American interests, title 5, United States Code, for each full day (in- the head of any such department or agency values, and principles? cluding travel time) during which the member is shall furnish such information expeditiously. SEC. 705. COMMISSION REPORTS. engaged in the performance of the duties of the (c) INITIAL REPORT.—Not later than 2 months (a) INITIAL REPORT.—Not later than 2 months Commission. Any member of the Commission after the date of enactment of this Act, the Sec- after the date of enactment of this Act, the Com- who is already a Government employee shall retary of State, in consultation with the heads mission shall transmit to Congress, the Presi- continue to be paid at the same rate by the em- of all other affected departments and agencies, dent, and the Secretary of State a report de- ploying department or agency on a nonreim- shall transmit to Congress a report describing scribing its plan to carry out the work of the bursable basis. the plan of the Secretary of State to carry out Commission. (b) TRAVEL EXPENSES.—Each member of the the review. (b) PRELIMINARY REPORT.—Before the submis- Commission shall be allowed travel expenses, in- (d) PRELIMINARY REPORT.—Not later than 6 sion of the report required by subsection (c), but cluding per diem in lieu of subsistence, at rates months after the date of enactment of this Act, not later than 6 months after the date of enact- authorized for employees of agencies under sub- the Secretary of State, in consultation with the ment of this Act, the Commission shall submit a chapter I of chapter 58 of title 5, United States heads of all other affected departments and report to the Secretary of State a report on its Code, while away from their homes or regular agencies, shall submit to the Commission a re- preliminary findings and recommendations. places of business in the performance of services port of preliminary findings and recommenda- (c) FINAL REPORT ON FINDINGS AND REC- for the Commission. tions. OMMENDATIONS.— (c) STAFF.— (e) FINAL REPORT ON FINDINGS AND PRO- (1) IN GENERAL.—Not later than 12 months (1) IN GENERAL.—The Chair of the Commission POSALS.—Not later than 18 months after the after the date of enactment of this Act, the Com- may, without regard to the provisions of title 5, date of

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5774 CONGRESSIONAL RECORD — SENATE June 17, 1997

enactment of this Act, the Secretary of State, in (2) SALARIES AND EXPENSES.—For ‘‘Salaries International Sugar Agreement, 1977, and for consultation with the heads of all other affected and Expenses’’ of the Department of State, other purposes’’ (Public Law 96–236; 7 U.S.C. foreign affairs agencies, shall submit to Con- $363,513,000 for the fiscal year 1998, and 3605 and 3606). gress a report describing the activities and find- $367,148,000 for the fiscal year 1999. (G) Section 514 of the Foreign Assistance and ings of the Secretary’s review and shall include (3) SECURITY AND MAINTENANCE OF BUILDINGS Related Programs Appropriations Act, 1982 specific proposals for recommended reforms, in- ABROAD.—For ‘‘Security and Maintenance of (Public Law 97–121). cluding those requiring legislative action or Ex- Buildings Abroad’’, $373,081,000 for the fiscal (H) Section 209 (c) and (d) of the Foreign Re- ecutive order. The report shall respond to, and year 1998, and $376,811,000 for the fiscal year lations Authorization Act, Fiscal Years 1988 and wherever appropriate, incorporate the findings 1999. 1989 (Public Law 100–204). and recommendations of the Commission as de- (4) CAPITAL INVESTMENT FUND.—For the (I) Section 228(b) of the Foreign Relations Au- scribed in section 705(c). ‘‘Capital Investment Fund’’ of the Department thorization Act, Fiscal Years 1992 and 1993 SEC. 711. ANNUAL FOREIGN AFFAIRS STRATEGY of the State, $64,600,000 for the fiscal year 1998, (Public Law 102–138; 22 U.S.C. 2452 note). REPORT. and $64,600,000 for the fiscal year 1999. (b) PROGRESS TOWARD REGIONAL NON- Not later than 1 year after the date of enact- (5) REPRESENTATION ALLOWANCES.—For ‘‘Rep- PROLIFERATION.—Section 620F(c) of the Foreign ment of this Act, and on an annual basis there- resentation Allowances’’, $4,100,000 for the fis- Assistance Act of 1961 (22 U.S.C. 2376(c); relat- after, the Secretary of State, consistent with sec- cal year 1998, and $4,100,000 for the fiscal year ing to periodic reports on progress toward re- tion 306 of title 5, and section 1115 of title 31, 1999. gional nonproliferation) is amended by striking United States Code, and in consultation with (6) EMERGENCIES IN THE DIPLOMATIC AND CON- ‘‘Not later than April 1, 1993 and every six the heads of all other foreign affairs agencies, SULAR SERVICE.—For ‘‘Emergencies in the Diplo- months thereafter,’’ and inserting ‘‘Not later shall submit to Congress in both classified and matic and Consular Service’’, $5,500,000 for the than April 1 of each year,’’. unclassified versions an annual national foreign fiscal year 1998, and $5,500,000 for the fiscal (c) REPORT ON OVERSEAS VOTER PARTICIPA- relations strategy report describing the priorities year 1999. TION.—Section 101(b)(6) of the Uniformed and and resources required to advance successfully (7) OFFICE OF THE INSPECTOR GENERAL.—For Overseas Citizens Absentee Voting Act of 1986 the national interests, values, and principles of ‘‘Office of the Inspector General’’, $28,300,000 (42 U.S.C. 1973ff(b)(6)) is amended by striking the United States. for the fiscal year 1998, and $28,300,000 for the ‘‘of voter participation’’ and inserting ‘‘of uni- fiscal year 1999. SEC. 712. DEFINITION OF FOREIGN AFFAIRS formed services voter participation, a general as- (8) PAYMENT TO THE AMERICAN INSTITUTE IN AGENCIES. sessment of overseas nonmilitary participa- TAIWAN.—For ‘‘Payment to the American Insti- In this title, the term ‘‘foreign affairs agen- tion,’’. tute in Taiwan’’, $14,490,000 for the fiscal year cies’’ includes the following: SEC. 1122. AUTHORITY OF THE FOREIGN CLAIMS (1) The Department of State. 1998, and $14,600,000 for the fiscal year 1999. SETTLEMENT COMMISSION. (9) PROTECTION OF FOREIGN MISSIONS AND OF- (2) The United States Agency for Inter- Section 4(a) of the International Claims Set- FICIALS.—(A) For ‘‘Protection of Foreign Mis- national Development. tlement Act of 1949 (22 U.S.C. 1623) is amended— sions and Officials’’, $7,900,000 for the fiscal (3) The United States Information Agency. (1) by redesignating paragraphs (1) and (2) as year 1998, and $8,000,000 for the fiscal year 1999. (4) The United States Arms Control and Disar- subparagraphs (A) and (B), respectively; (B) Each amount appropriated pursuant to mament Agency. (2) in the first sentence, by striking ‘‘(a) The’’ this paragraph is authorized to remain available (5) The Overseas Private Investment Corpora- and all that follows through the period and in- for two fiscal years. tion. serting the following: (10) REPATRIATION LOANS.—For ‘‘Repatriation (6) Appropriate elements of the Department of ‘‘(a)(1) The Commission shall have jurisdic- Loans’’, $1,200,000 for the fiscal year 1998, and the Treasury. tion to receive, examine, adjudicate, and render $1,200,000 for the fiscal year 1999, for adminis- (7) Appropriate elements of the Department of final decisions with respect to claims of the Gov- trative expenses. Defense. ernment of the United States and of nationals of (8) Appropriate elements of the Department of SEC. 1102. MIGRATION AND REFUGEE ASSIST- the United States— ANCE. Justice (including the Drug Enforcement Admin- ‘‘(A) included within the terms of the Yugo- (a) AUTHORIZATION OF APPROPRIATIONS.— istration and the Federal Bureau of Investiga- slav Claims Agreement of 1948; There are authorized to be appropriated for tion). ‘‘(B) included within the terms of any claims ‘‘Migration and Refugee Assistance’’ for author- (9) Appropriate elements of the Department of agreement concluded on or after March 10, 1954, ized activities, $650,000,000 for the fiscal year Agriculture. between the Government of the United States (10) Office of the United States Trade Rep- 1998, and $650,000,000 for the fiscal year 1999. and a foreign government (exclusive of govern- resentative. (b) AVAILABILITY OF FUNDS.—Funds appro- ments against which the United States declared (11) The National Security Council staff. priated pursuant to subsection (a) are author- (12) The Trade and Development Agency. ized to remain available until expended. the existence of a state of war during World War II) similarly providing for the settlement (13) Appropriate elements of the Department SEC. 1103. ASIA FOUNDATION. and discharge of claims of the Government of of Commerce. (a) AUTHORIZATION OF APPROPRIATIONS.— the United States and of nationals of the United There are authorized to be appropriated to the DIVISION B—FOREIGN RELATIONS States against a foreign government, arising out Department of State to make grants to ‘‘The AUTHORIZATION of the nationalization or other taking of prop- Asia Foundation’’, pursuant to The Asia Foun- TITLE X—GENERAL PROVISIONS erty, by the agreement of the Government of the dation Act (title IV of Public Law 98–164), SEC. 1001. SHORT TITLE. United States to accept from that government a $8,000,000 for the fiscal year 1998, and $8,000,000 This division may be cited as the ‘‘Foreign Re- sum in en bloc settlement thereof; or for the fiscal year 1999. lations Authorization Act, Fiscal Years 1998 and ‘‘(C) included in a category of claims against (b) CONFORMING AMENDMENT.—The first sen- 1999’’. a foreign government which is referred to the tence of section 403(a) of The Asia Foundation Commission by the Secretary of State.’’; and SEC. 1002. DEFINITION. Act (22 U.S.C. 4402) is amended by striking (3) by redesignating the second sentence as In this division, the term ‘‘appropriate con- ‘‘with’’ and all that follows through ‘‘404’’. gressional committees’’ means the Committees on paragraph (2). CHAPTER 2—AUTHORITIES AND Foreign Relations and Appropriations of the SEC. 1123. PROCUREMENT OF SERVICES. ACTIVITIES Senate and the Committees on International Re- Section 38(c) of the State Department Basic lations and Appropriations of the House of Rep- SEC. 1121. REDUCTION IN REQUIRED REPORTS. Authorities Act of 1956 (22 U.S.C. 2710(c)) is resentatives. (a) AMENDMENT AND REPEALS.— amended by inserting ‘‘personal or’’ before (1) AMENDMENT.—Section 40(g)(2) of the State TITLE XI—DEPARTMENT OF STATE AND ‘‘other support services’’. Department Basic Authorities Act of 1956 (22 RELATED AGENCIES SEC. 1124. FEE FOR USE OF DIPLOMATIC RECEP- U.S.C. 2712(g)(2)) is amended by striking ‘‘six TION ROOMS. CHAPTER 1—AUTHORIZATIONS OF months’’ and inserting ‘‘12 months’’. Title I of the State Department Basic Authori- APPROPRIATIONS (2) REPEALS.—The following provisions of law ties Act of 1956 (22 U.S.C. 2651a et seq.) is SEC. 1101. AUTHORIZATIONS OF APPROPRIA- are repealed: TIONS FOR ADMINISTRATION OF (A) The second sentence of section 161(c) of amended by adding at the end the following FOREIGN AFFAIRS. the Foreign Relations Authorization Act, Fiscal new section: The following amounts are authorized to be Year 1990 and 1991 (22 U.S.C. 4171 note). ‘‘SEC. 54. FEE FOR USE OF DIPLOMATIC RECEP- appropriated for the Department of State under (B) Section 502B(b) of the Foreign Assistance TION ROOMS. ‘‘Administration of Foreign Affairs’’ to carry Act of 1961 (22 U.S.C. 2304(b)). ‘‘The Secretary of State is authorized to out the authorities, functions, duties, and re- (C) Section 705(c) of the International Secu- charge a fee for use of the Department of State sponsibilities in the conduct of the foreign af- rity and Development Cooperation Act of 1985 diplomatic reception rooms to recover the costs fairs of the United States and for other purposes (Public Law 99–83). of such use. Fees collected under the authority authorized by law, including the diplomatic se- (D) Section 123(e)(2) of the Foreign Relations of this section, including reimbursements, sur- curity program: Authorization Act, Fiscal Years 1986 and 1987 charges and fees, shall be deposited as an offset- (1) DIPLOMATIC AND CONSULAR PROGRAMS.— (Public Law 99–93). ting collection to any Department of State ap- For ‘‘Diplomatic and Consular Programs’’ of the (E) Section 203(c) of the Special Foreign As- propriation to recover the costs of such use and Department of State, $1,746,977,000 for the fiscal sistance Act of 1986 (Public Law 99–529). shall remain available for obligation until ex- year 1998, and $1,764,447,000 for the fiscal year (F) Sections 5 and 6 of the Act entitled ‘‘An pended. The Secretary shall, at the time of the 1999. Act providing for the implementation of the submission of the budget pursuant to section

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5775 1105 of title 31, United States Code, submit a re- SEC. 1128. COUNTERDRUG AND ANTI-CRIME AC- multilateral entities with respect to activities re- port to Congress describing each such trans- TIVITIES OF THE DEPARTMENT OF lating to international narcotics and crime. action.’’. STATE. (2) DESIGNATION OF OFFICERS.— (a) COUNTERDRUG AND LAW ENFORCEMENT SEC. 1125. PROHIBITION ON JUDICIAL REVIEW OF (A) IN GENERAL.—The chief of mission of every DEPARTMENT OF STATE COUNTER- STRATEGY.— foreign mission shall designate an officer or offi- TERRORISM AND NARCOTICS-RE- (1) REQUIREMENT.—Not later than 180 days cers within the mission to carry out the respon- LATED REWARDS PROGRAM. after the date of enactment of this Act, the Sec- sibility of the mission under paragraph (1), in- Section 36 of the State Department Basic Au- retary of State shall establish, implement, and cluding the coordination of counterdrug pro- thorities Act of 1956 (22 U.S.C. 2708) is amend- submit to Congress a comprehensive, long-term grams, policy, and assistance and law enforce- ed— strategy to carry out the counterdrug respon- ment programs, policy, and assistance. Such of- (1) in subsection (a)(1), by inserting ‘‘, in the sibilities of the Department of State in a manner ficer or officers shall report to the chief of mis- sole discretion of the Secretary,’’ after ‘‘rewards consistent with the National Drug Control sion, or the designee of the chief of mission, on may be paid’’; Strategy. The strategy shall involve all elements a regular basis regarding activities undertaken (2) by redesignating subsection (i) as sub- of the Department in the United States and in carrying out such responsibility. section (j); and abroad. (B) REPORTS.—The chief of mission of every (3) by inserting after subsection (h) the fol- (2) OBJECTIVES.—In establishing the strategy, foreign mission shall submit to the Secretary on lowing: the Secretary shall— a regular basis a report on the actions under- ‘‘(i) JUDICIAL REVIEW.—A determination made (A) coordinate with the Office of National taken by the mission to carry out such responsi- by the Secretary of State under this section Drug Control Policy in the development of clear, bility. shall be final and conclusive and shall not be specific, and measurable counterdrug objectives (3) REPORT TO CONGRESS.—Not later than 180 subject to judicial review.’’. for the Department that support the goals and days after the date of enactment of this Act, the objectives of the National Drug Control Strat- Secretary shall submit to the Committee on For- SEC. 1126. OFFICE OF THE INSPECTOR GENERAL. egy; eign Relations of the Senate and the Committee (a) PROCEDURES.—Section 209(c) of the For- (B) develop specific, and to the maximum ex- on International Relations of the House of Rep- eign Service Act of 1980 (22 U.S.C. 3929(c)) is tent practicable, quantifiable measures of per- resentatives a report on the status of any pro- amended by adding at the end the following: formance relating to the objectives, including posals for action or on action undertaken to im- ‘‘(4) The Inspector General shall develop and annual and long-term measures of performance, prove staffing and personnel management at provide to employees— for purposes of assessing the success of the De- foreign missions in order to carry out the re- ‘‘(A) information detailing their rights to partment in meeting the objectives; sponsibility set forth in paragraph (1). counsel; and (C) assign responsibilities for meeting the ob- CHAPTER 3—PERSONNEL ‘‘(B) guidelines describing in general terms the jectives to appropriate elements of the Depart- SEC. 1131. ELIMINATION OF POSITION OF DEPUTY policies and procedures of the Office of Inspec- ment; tor General with respect to individuals under in- ASSISTANT SECRETARY OF STATE (D) develop an operational structure within FOR BURDENSHARING. vestigation, other than matters exempt from dis- the Department that minimizes impediments to Section 161 of the Foreign Relations Author- closure under other provisions of law.’’. meeting the objectives; ization Act, Fiscal Years 1994 and 1995 (22 (b) REPORT.— (E) ensure that every United States ambas- U.S.C. 2651a note) is amended by striking sub- (1) IN GENERAL.—Not later than April 30, 1998, sador or chief of mission is fully briefed on the section (f). the Inspector General of the Department of strategy and works to achieve the objectives; SEC. 1132. RESTRICTION ON LOBBYING ACTIVI- State shall submit a report to the appropriate and TIES OF FORMER UNITED STATES congressional committees which includes the fol- (F) ensure that all budgetary requests and CHIEFS OF MISSION. lowing information: transfers of equipment (including the financing Section 207(d)(1) of title 18, United States (A) Detailed descriptions of the internal guid- of foreign military sales and the transfer of ex- Code, is amended— ance developed or used by the Office of the In- cess defense articles) relating to international (1) by striking ‘‘or’’ at the end of subpara- spector General with respect to public disclosure counterdrug efforts conforms to meet the objec- graph (B); of any information related to an ongoing inves- tives. (2) in subparagraph (C), by inserting ‘‘or’’ tigation of any employee or official of the De- (3) REPORTS.—Not later than February 15 after ‘‘title 3,’’; and partment of State, the United States Informa- each year, the Secretary shall submit to Con- (3) by inserting after subparagraph (C) the tion Agency, or the United States Arms Control gress an update of the strategy submitted under following new subparagraph: and Disarmament Agency. paragraph (1). The update shall include an out- ‘‘(D) serves in the position of chief of mission (B) Detailed descriptions of those instances line of the proposed activities with respect to the (as defined in section 102(3) of the Foreign Serv- for the year ending December 31, 1997, in which strategy during the succeeding year, including ice Act of 1980),’’. any disclosure of information to the public by the manner in which such activities will meet SEC. 1133. RECOVERY OF COSTS OF HEALTH CARE an employee of the Office of Inspector General the objectives set forth in paragraph (2). SERVICES. UTHORITIES about an ongoing investigation occurred, in- (4) LIMITATION ON DELEGATION.—The Sec- (a) A .—Section 904 of the Foreign cluding details on the recipient of the informa- retary shall designate an official in the Depart- Service Act of 1980 (22 U.S.C. 4084) is amended— tion, the date of the disclosure, and the internal (1) in subsection (a)— ment who reports directly to the Secretary to (A) by striking ‘‘and’’ before ‘‘members of the clearance process for the disclosure. oversee the implementation of the strategy families of such members and employees’’; and (2) EXCLUSION.—Disclosure of information to throughout the Department. (B) by inserting before the period ‘‘, and (for the public under this section does not include (b) INFORMATION ON INTERNATIONAL CRIMI- care provided abroad) such other persons as are information shared by an employee of the In- NALS.— designated by the Secretary of State, except that spector General Office with Members of Con- (1) INFORMATION SYSTEM.—The Secretary such persons shall be considered persons other gress. shall, in consultation with the heads of appro- than covered beneficiaries for purposes of sub- SEC. 1127. REAFFIRMING UNITED STATES INTER- priate United States law enforcement agencies, sections (g) and (h)’’; NATIONAL TELECOMMUNICATIONS including the Attorney General and the Sec- (2) in subsection (d) by inserting ‘‘, subject to POLICY. retary of the Treasury, take appropriate actions the provisions of subsections (g) and (h)’’ before (a) PROCUREMENT POLICY.—It is the policy of to establish an information system or improve the period; and the United States to foster and support procure- existing information systems containing com- (3) by adding the following new subsections at ment of goods and services from private, com- prehensive information on serious crimes com- the end: mercial companies. mitted by foreign nationals. The information ‘‘(g)(1) In the case of a person who is a cov- (b) IMPLEMENTATION.—In order to achieve the system shall be available to United States em- ered beneficiary, the Secretary of State is au- policy set forth in subsection (a), the Diplomatic bassies and missions abroad for use in consider- thorized to collect from a third-party payer the Telecommunications Service Program Office ation of applications for visas for entry into the reasonable costs incurred by the Department of (DTS-PO) shall— United States. State on behalf of such person for health care (1) utilize full and open competition in the (2) REPORT.—Not later than 180 days after the services to the same extent that the covered ben- procurement of telecommunications services, in- date of enactment of this Act, the Secretary eficiary would be eligible to receive reimburse- cluding satellite space segment, for the Depart- shall submit to the Committee on Foreign Rela- ment or indemnification from the third-party ment of State and each other Federal entity rep- tions of the Senate and the Committee on Inter- payer for such costs. resented at United States diplomatic missions national Relations of the House of Representa- ‘‘(2) If the insurance policy, plan, contract or and consular ports overseas; tives a report on the actions taken under para- similar agreement of that third-party payer in- (2) make every effort to ensure and promote graph (1). cludes a requirement for a deductible or copay- the participation of commercial private sector (c) OVERSEAS COORDINATION OF COUNTERDRUG ment by the beneficiary of the plan, then the providers of satellite space segment who have no AND ANTI-CRIME PROGRAMS, POLICY, AND AS- Secretary of State may collect from the third- ownership or other connection with an intergov- SISTANCE.— party payer only the reasonable cost of the care ernmental satellite organization; and (1) STRENGTHENING COORDINATION.—The re- provided less the deductible or copayment (3) implement the competitive procedures re- sponsibilities of every foreign mission of the amount. quired by paragraphs (1) and (2) at the prime United States shall include the strengthening of ‘‘(3) A covered beneficiary shall not be re- contracting level and, to the greatest extent cooperation between and among the United quired to pay any deductible or copayment for practicable, the subcontracting level. States and foreign governmental entities and health care services under this subsection.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5776 CONGRESSIONAL RECORD — SENATE June 17, 1997

‘‘(4) No provision of any insurance, medical retary otherwise has with respect to payment (b) FEES FOR USE OF NATIONAL FOREIGN AF- service, or health plan contract or agreement and obtaining reimbursement for the costs of FAIRS TRAINING CENTER.—Title I of the State having the effect of excluding from coverage or medical treatment of an individual eligible Department Basic Authorities Act of 1956 (22 limiting payment of charges for care in the fol- under this section for health care.’’. U.S.C. 2669 et seq.) is amended by adding at the lowing circumstances shall operate to prevent (b) EFFECTIVE DATE.—The authorities of this end the following new section: collection by the Secretary of State under para- section shall be effective beginning October 1, ‘‘SEC. 53. FEES FOR USE OF THE NATIONAL FOR- graph (1) for— 1998. EIGN AFFAIRS TRAINING CENTER. ‘‘(A) care provided directly or indirectly by a SEC. 1134. NONOVERTIME DIFFERENTIAL PAY. ‘‘The Secretary is authorized to charge a fee governmental entity; Title 5, United States Code, is amended— for use of the Department of State’s National ‘‘(B) care provided to an individual who has (1) in section 5544(a), by inserting after the Foreign Affairs Training Center Facility. Fees not paid a required deductible or copayment; or fourth sentence the following new sentence: collected under this section, including reim- ‘‘(C) care provided by a provider with which ‘‘For employees serving outside the United bursements, surcharges and fees, shall be depos- the third party payer has no participation States in areas where Sunday is a routine work- ited as an offsetting collection to any Depart- agreement. ment of State appropriation to recover the costs ‘‘(5) No law of any State, or of any political day and another day of the week is officially of such use and shall remain available for obli- subdivision of a State, and no provision of any recognized as the day of rest and worship, the gation until expended.’’. contract or agreement shall operate to prevent Secretary of State may designate the officially (c) REPORTING ON PILOT PROGRAM.—One year or hinder recovery or collection by the United recognized day of rest and worship in lieu of after the date of enactment of this Act, the Sec- States under this section. Sunday as the day with respect to which addi- retary of State shall submit a report to the ap- ‘‘(6) As to the authority provided in para- tional pay is authorized by the preceding sen- propriate congressional committees on the num- graph (1) of this subsection: tence.’’; and ‘‘(A) The United States shall be subrogated to (2) in section 5546(a), by adding at the end the ber of persons, including their business or gov- any right or claim that the covered beneficiary following new sentence: ‘‘For employees serving ernment affiliation, who have taken advantage may have against a third-party payer. outside the United States in areas where Sun- of the pilot program established under sub- ‘‘(B) The United States may institute and day is a routine workday and another day of sections (e) and (f) of section 701 of the Foreign prosecute legal proceedings against a third- the week is officially recognized as the day of Service Act of 1980 and section 53 of the State party payer to enforce a right of the United rest and worship, the Secretary of State may Department Basic Authorities Act of 1956, the States under this subsection. designate the officially recognized day of rest amount of fees collected, and the impact of the ‘‘(C) The Secretary may compromise, settle, or and worship in lieu of Sunday as the day with program on the primary mission of the institute. waive a claim of the United States under this respect to which additional pay is authorized by SEC. 1136. GRANTS TO OVERSEAS EDUCATIONAL subsection. the preceding sentence.’’. FACILITIES. ‘‘(7) The Secretary shall prescribe regulations SEC. 1135. PILOT PROGRAM FOR FOREIGN AF- Section 29 of the State Department Basic Au- for the administration of this subsection and FAIRS REIMBURSEMENT. thorities Act of 1956 (22 U.S.C. 2701) is amended subsection (h). Such regulations shall provide (a) FOREIGN AFFAIRS REIMBURSEMENT.— by adding at the end the following: ‘‘Notwith- for computation of the reasonable cost of health (1) IN GENERAL.—Section 701 of the Foreign standing any other provision of law, where the care services. Service Act of 1980 (22 U.S.C. 4021) is amended— children of United States citizen employees of ‘‘(8) Regulations prescribed under this sub- (A) by redesignating subsection (d)(4) as sub- an agency of the United States Government who section shall provide that medical records of a section (g); and are stationed outside the United States attend covered beneficiary receiving health care under (B) by inserting after subsection (d) the fol- educational facilities assisted by the Department this subsection shall be made available for in- lowing new subsections: of State under this section, such agency is au- spection and review by representatives of the ‘‘(e)(1) The Secretary of State may, as a mat- thorized to make grants to, or otherwise to reim- payer from which collection by the United ter of discretion, provide appropriate training burse or credit with advance payment, the De- States is sought for the sole purposes of permit- and related services through the institution to partment of State for funds used in providing ting the third party to verify— employees of United States companies that are assistance to such educational facilities.’’. ‘‘(A) that the care or services for which recov- engaged in business abroad, and to the families SEC. 1137. GRANTS TO REMEDY INTERNATIONAL ery or collection is sought were furnished to the of such employees. CHILD ABDUCTIONS. covered beneficiary; and ‘‘(2) In the case of companies that are under Section 7 of the International Child Abduction ‘‘(B) that the provision of such care or serv- contract to provide services to the Department of Remedies Act (42 U.S.C. 11606; Public Law 100– ices to the covered beneficiary meets criteria State, the Secretary of State is authorized to 300) is amended by adding at the end the fol- generally applicable under the health plan con- provide job-related training and related services lowing new subsection: tract involved, except that this subsection shall to the companies’ employees who are performing ‘‘(e) GRANT AUTHORITY.—The United States be subject to the provisions of paragraphs (2) such services. Central Authority is authorized to make grants and (4). ‘‘(3) Training under this subsection shall be to, or enter into contracts or agreements with, ‘‘(9) Amounts collected under this subsection, on a space-available and reimbursable or ad- any individual, corporation, other Federal, under subsection (h), or under any authority re- vance-of-funds basis. Such reimbursements or State, or local agency, or private entity or orga- ferred to in subsection (i), from a third-party advances shall be credited to the currently nization in the United States for purposes of ac- payer or from any other payer shall be deposited available applicable appropriation account. complishing its responsibilities under the con- as an offsetting collection to any Department of ‘‘(4) Training and related services under this vention and this Act.’’. State appropriation and shall remain available subsection is authorized only to the extent that until expended. Amounts deposited shall be obli- SEC. 1138. FOREIGN SERVICE REFORM. it will not interfere with the institution’s pri- gated and expended only to the extent and in (a) APPOINTMENTS BY THE PRESIDENT.—Sec- mary mission of training employees of the De- such amounts as are provided in advance in an tion 302(b) of the Foreign Service Act of 1980 (22 partment and of other agencies in the field of appropriation Act. U.S.C. 3942(b)) is amended in the second sen- foreign relations. ‘‘(10) In this section: tence— ‘‘(A) The term ‘covered beneficiary’ means an ‘‘(5) Training under this subsection is not (1) by striking ‘‘may elect to’’ and inserting individual eligible to receive health care under available for foreign language services. ‘‘shall’’; and this section whose health care costs are to be ‘‘(f)(1) The Secretary of State is authorized to (2) by striking ‘‘Service,’’ and all that follows paid by a third-party payer under a contractual provide on a reimbursable basis training pro- and inserting ‘‘Service.’’. agreement with such payer. grams to Members of Congress or the Judiciary. (b) PERFORMANCE PAY.—Section 405 of the ‘‘(B) The term ‘services’ as used in ‘health ‘‘(2) Legislative Branch staff members and em- Foreign Service Act of 1980 (22 U.S.C. 3965) is care services’ includes products. ployees of the Judiciary may participate on a re- amended— ‘‘(C) The term ‘third-party payer’ means an imbursable basis in training programs offered by (1) in subsection (a), by striking ‘‘Members’’ entity that provides a fee-for-service insurance the institution. and inserting ‘‘Subject to subsection (e), mem- policy, contract or similar agreement through ‘‘(3) Reimbursements collected under this sub- bers’’; and the Federal Employees Health Benefit program, section shall be credited to the currently avail- (2) by adding at the end the following new under which the expenses of health care services able applicable appropriation account. subsection: for individuals are paid. ‘‘(4) Training under this subsection is author- ‘‘(e) Notwithstanding any other provision of ‘‘(h) In the case of a person, other than a cov- ized only to the extent that it will not interfere law, the Secretary of State may provide for rec- ered beneficiary, who receives health care serv- with the institution’s primary mission of train- ognition of the meritorious or distinguished ices pursuant to this section, the Secretary of ing employees of the Department and of other service of a member of the Foreign Service de- State is authorized to collect from such person agencies in the field of foreign relations.’’. scribed in subsection (a) (including members of the reasonable costs of health care services in- (2) EFFECTIVE DATE.—The amendments made the Senior Foreign Service) by means other than curred by the Department of State on behalf of by paragraph (1) shall take effect on October 1, an award of performance pay in lieu of making such person. The United States shall have the 1997. such an award under this section.’’. same rights against persons subject to the provi- (3) TERMINATION OF PROGRAM.—Effective Oc- (c) EXPEDITED SEPARATION OUT.—Not later sions of this subsection as against third-party tober 1, 1999, section 701 of the Foreign Service than 90 days after the date of enactment of this payers covered by subsection (g). Act of 1980 (22 U.S.C. 4021) is amended by redes- Act, the Secretary of State shall develop and im- ‘‘(i) Nothing in subsection (g) or (h) shall be ignating subsection (g) as subsection (d)(4) and plement procedures to identify, and recommend construed as limiting any authority the Sec- by striking subsections (e) and (f). for separation, members of the Foreign Service

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5777

ranked by promotion boards in the bottom five ficial’ does not include chiefs of mission, prin- (b) FOREIGN PORTS.—Section 908(a) of the percent of their class for any two of the five pre- cipal officers or their deputies, administrative International Maritime and Port Security Act of ceding years. and personnel officers abroad, or individuals de- 1986 (46 U.S.C. App. 1804(a)) is amended by SEC. 1139. LAW ENFORCEMENT AVAILABILITY scribed in section 1002(12) (B), (C), and (D) who striking the second sentence, relating to Federal PAY. are not involved in the administration of this Register publication by the Secretary of State. (a) LAW ENFORCEMENT AVAILABILITY PAY.— chapter or in the formulation of the personnel SEC. 1154. INADMISSIBILITY OF MEMBERS OF Section 5545a of title 5, United States Code, is policies and programs of the Department.’’. FORMER SOVIET UNION INTEL- amended— CHAPTER 4—CONSULAR AND RELATED LIGENCE SERVICES. (1) in subsection (a)(2), by striking ‘‘(other ACTIVITIES Section 212(a)(3) of the Immigration and Nat- uralization Act (8 U.S.C. 1182(a)(3)) is amended than an officer occupying a position under title SEC. 1151. CONSULAR OFFICERS. by adding at the end the following new sub- II of Public Law 99–399)’’ and inserting ‘‘, in- (a) PERSONS AUTHORIZED TO ISSUE REPORTS paragraph: cluding any special agent of the Diplomatic Se- OF BIRTHS ABROAD.—Section 33(2) of the State EMBERS OF FORMER SOVIET UNION IN- curity Service,’’; and Department Basic Authorities Act of 1956 (22 ‘‘(F) M TELLIGENCE SERVICES.—Any alien who was em- (2) by amending subsection (h) to read as fol- U.S.C. 2705) is amended by adding at the end ployed by an intelligence service of the Soviet lows: the following: ‘‘For purposes of this paragraph, Union prior to the dissolution of the Soviet ‘‘(h) Availability pay under this section shall the term ‘consular officer’ includes any em- Union on December 31, 1991, is inadmissible, un- be— ployee of the Department of State who is a less— ‘‘(1) 25 percent of the rate of basic pay for the United States citizen and who is designated by ‘‘(i) The Secretary of State, in consultation position; the Secretary of State to adjudicate nationality with the Attorney General and the Director of ‘‘(2) treated as part of basic pay for the pur- abroad pursuant to such regulations as the Sec- Central Intelligence, determines that it is in the poses of— retary may prescribe.’’. ‘‘(A) sections 5595(c), 8114(e), 8331(3), 8431, (b) PROVISIONS APPLICABLE TO CONSULAR OF- national interest to admit the alien; or ‘‘(ii) The admission of the alien is for the pur- and 8704(c) of this title and section 856 of the FICERS.—Section 31 of the Act of August 18, 1856 Foreign Service Act of 1980; and (Rev. Stat. 1689; 22 U.S.C. 4191), is amended by pose of the alien’s attendance at a scholarly ‘‘(B) such other purposes as may be expressly inserting after ‘‘such officers’’ the following: conference or educational meeting in the United provided for by law or as the Office of Personnel ‘‘and to such other employees of the Department States.’’. Management may by regulations prescribe; and of State who are United States citizens as may SEC. 1155. DENIAL OF VISAS TO ALIENS WHO ‘‘(3) treated as part of salary for purposes of be designated by the Secretary of State pursuant HAVE CONFISCATED PROPERTY sections 609(b)(1), 805, and 806 of the Foreign CLAIMED BY NATIONALS OF THE to such regulations as the Secretary may pre- UNITED STATES. Service Act of 1980.’’. scribe’’. (a) DENIAL OF VISAS.—Except as otherwise (b) CONFORMING AMENDMENT.—Section 5542(e) (c) PERSONS AUTHORIZED TO AUTHENTICATE provided in section 401 of the Cuban Liberty of title 5, United States Code, is amended by in- FOREIGN DOCUMENTS.— and Democratic Solidarity (LIBERTAD) Act of serting ‘‘, or section 37(a)(3) of the State Depart- (1) DEFINITION OF CONSULAR OFFICERS.—Sec- ment Basic Authorities Act of 1956,’’ after ‘‘sec- tion 3492(c) of title 18, United States Code, is 1996 (Public Law 104–114), and subject to sub- tion 3056(a) of title 18,’’. amended by adding at the end the following: section (b), the Secretary of State may deny the issuance of a visa to any alien who has con- (c) IMPLEMENTATION.—Not later than the ef- ‘‘For purposes of this section and sections 3493 fective date of this section, each special agent of through 3496 of this title, the term ‘consular of- fiscated or has directed or overseen the confisca- the Diplomatic Security Service under section ficers’ includes any officer or employee of the tion or expropriation of property the claim to 5545a of title 5, United States Code, as amended United States Government who is a United which is owned by a national of the United by this section, and the appropriate supervisory States citizen and who is designated to perform States, or converts or has converted for personal officer, to be designated by the Secretary of notarial functions pursuant to section 24 of the gain confiscated or expropriated property the State, shall make an initial certification to the Act of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. claim to which is owned by a national of the Secretary of State that the special agent is ex- 4221).’’. United States. (b) EXCEPTION.—This section shall not apply pected to meet the requirements of subsection (d) (2) DESIGNATED UNITED STATES CITIZENS PER- to claims arising from any territory in dispute as of such section 5545a. The Secretary of State FORMING NOTARIAL ACTS.—Section 24 of the Act may prescribe procedures necessary to admin- of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. a result of war between United Nations member ister this subsection. 4221) is amended by inserting after the first sen- states in which the ultimate resolution of the disputed territory has not been resolved. (d) EFFECTIVE DATE.—The amendments made tence: ‘‘At any post, port, or place where there (c) REPORTING REQUIREMENT.— by this section shall take effect on the first day is no consular officer, the Secretary of State (1) LIST OF FOREIGN NATIONALS.—The Sec- of the first applicable pay period which begins may authorize any other officer or employee of retary of State shall direct the United States on or after the 90th day following the date of the United States Government serving overseas chief of mission in each country to provide the enactment of this Act. including persons employed as United States Secretary of State with a list of foreign nation- SEC. 1140. LAW ENFORCEMENT AUTHORITY OF DS Government contractors, to perform such acts.’’. (d) PERSONS AUTHORIZED TO ADMINISTER als in that country who have confiscated or SPECIAL AGENTS OVERSEAS. converted properties of nationals of the United Section 37 of the State Department Basic Au- OATHS.—Section 115 of title 35 of the United States Code is amended by adding at the end the States where the cases of confiscated or con- thorities Act of 1956 (22 U.S.C. 2709) is amend- verted properties of nationals of the United ed— following: ‘‘For purposes of this section, the term ‘consular officer’ includes any officer or States have not been fully resolved. (1) by striking ‘‘and’’ at the end of subsection (2) REPORT.—Not later than 3 months after (a)(4); employee of the United States Government who is a United States citizen and who is designated the date of enactment of this Act and not later (2) by striking the period at the end of sub- than every 6 months thereafter, the Secretary of section (a)(5)(B) and inserting ‘‘; and’’; to perform notarial functions pursuant to sec- tion 24 of the Act of August 18, 1856 (Rev. Stat. State shall submit to the Appropriations and (3) by adding at the end of subsection (a) the Foreign Relations Committees of the Senate and following: 1750; 22 U.S.C. 4221).’’. (e) NATURALIZATION FUNCTIONS.—Section the Appropriations and International Relations ‘‘(6) conduct investigative leads or perform Committees of the House of Representatives a re- other law enforcement duties at the request of 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by adding at port— any duly authorized law enforcement agency (A) listing foreign nationals who could have while assigned to a United States Mission out- the end the following new sentence: ‘‘As used in title III, the term ‘consular officer’ includes any been denied a visa under subsection (a) but were side the United States. given a visa to travel to the United States; and Requests for investigative assistance from State employee of the Department of State who is a United States citizen and who is designated by (B) an explanation as to why the visa was and local law enforcement agencies under para- given. graph (6) shall be coordinated with the Federal the Secretary of State to adjudicate nationality SEC. 1156. INADMISSIBILITY OF ALIENS SUP- law enforcement agency having jurisdiction over abroad pursuant to such regulations as the Sec- retary may prescribe.’’. PORTING INTERNATIONAL CHILD the subject matter for which assistance is re- ABDUCTORS. SEC. 1152. REPEAL OF OUTDATED CONSULAR RE- quested.’’; and (a) AMENDMENT TO IMMIGRATION AND NATION- (4) by adding at the end the following: CEIPT REQUIREMENTS. The Act of August 18, 1856 (Revised Statutes ALITY ACT.—Section 212(a)(10)(C) of the Immi- ‘‘(d) AGENCIES NOT AFFECTED.—Nothing in 1726–28; 22 U.S.C. 4212–14), concerning account- gration and Nationality Act (8 U.S.C. subsection (a)(6) may be construed to limit or ing for consular fees, is repealed. 1182(a)(10)(C)) is amended— impair the authority or responsibility of any (1) by redesignating clause (ii) as clause (iii); other Federal or State law enforcement agency SEC. 1153. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR TRAV- (2) by inserting after clause (i) the following: with respect to its law enforcement functions.’’. EL ADVISORIES. ‘‘(ii) ALIENS SUPPORTING ABDUCTORS AND REL- SEC. 1141. LIMITATIONS ON MANAGEMENT AS- (a) FOREIGN AIRPORTS.—Section 44908(a) of ATIVES OF ABDUCTORS.—Any alien who— SIGNMENTS. title 49, United States Code, is amended— ‘‘(I) is known by the Department of State to Sec. 1017(e)(2) of the Foreign Service Act of (1) by inserting ‘‘and’’ at the end of para- have intentionally assisted an alien in the con- 1980 (22 U.S.C. 4117(e)(2)) is amended to read as graph (1); duct described in clause (i), follows: (2) by striking paragraph (2); and ‘‘(II) is known by the Department of State to ‘‘(2) For the purposes of paragraph (1)(A)(ii) (3) by redesignating paragraph (3) as para- be intentionally providing material support or and paragraph (1)(B), the term ‘management of- graph (2). safe haven to an alien described in clause (i), or

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5778 CONGRESSIONAL RECORD — SENATE June 17, 1997

‘‘(III) is a spouse (other than the spouse who SEC. 1212. WITHHOLDING OF ASSISTANCE FOR (c) QUARTERLY REPORTS.—The Director shall is the parent of the abducted child), child (other PARKING FINES OWED BY FOREIGN submit a quarterly report suitable for publica- than the abducted child), parent, sibling, or COUNTRIES. tion, containing the information required in agent of an alien described in clause (i), as des- (a) IN GENERAL.—Of the funds made available subsection (b) to the Committees on Appropria- ignated at the discretion of the Secretary of for a foreign country under part I of the For- tions and Foreign Relations of the Senate and State, eign Assistance Act of 1961, an amount equiva- the Committees on Appropriations and Inter- is inadmissible until the child described in lent to 110 percent of the total unpaid fully ad- national Relations of the House of Representa- clause (i) is surrendered to the person granted judicated parking fines and penalties owed to tives. the District of Columbia, the City of New York, custody by the order described in that clause, (d) EMERGENCY WAIVER.—Subsection (a)(1) and jurisdictions in the States of Virginia and and such person and child are permitted to re- shall not apply if the President determines that Maryland by such country as of the date of en- turn to the United States. Nothing in clause (i) an emergency or other unforeseen event neces- actment of this Act shall be withheld from obli- or (ii) of this section shall be deemed to apply to sitates the travel and thus prevents the timely gation for such country until the Secretary of a government official of the United States who filing of the report required by that subsection, State certifies and reports in writing to the ap- is acting within the scope of his or her official however nothing in this section shall be inter- propriate congressional committees that such duties. Nothing in clause (i) or (ii) of this sec- preted to authorize a waiver of subsection fines and penalties are fully paid to the govern- tion shall be deemed to apply to a government (a)(2)(b). official of any foreign government if such per- ments of the District of Columbia, the City of (e) DEFINITIONS.—For purposes of this section: son has been designated by the Secretary of New York, and the States of Virginia and Mary- State at the Secretary’s discretion.’’; land, respectively. (1) DIRECTOR.—The term ‘‘Director’’ means (b) DEFINITION.—For purposes of this section, (3) in clause (i), by striking ‘‘clause (ii)’’ and the Director of the Office of International Con- the term ‘‘appropriate congressional commit- inserting ‘‘clause (iii)’’; and ferences of the Department of State. tees’’ means the Committee on Foreign Relations (4) in clause (iii) (as redesignated), by striking (2) EXECUTIVE AGENCIES.—The term ‘‘Execu- and the Committee on Appropriations of the ‘‘Clause (i)’’ and inserting ‘‘Clauses (i) and tive agencies’’ means those entities, other than Senate and the Committee on International Re- (ii)’’. the General Accounting Office, defined in sec- lations and the Committee on Appropriations of tion 105 of title 5, United States Code. (b) EFFECTIVE DATE.—The amendments made the House of Representatives. by subsection (a) shall apply to aliens seeking (3) FOREIGN TRAVEL.—The term ‘‘foreign trav- SEC. 1213. UNITED STATES MEMBERSHIP IN THE el’’ refers to— admission to the United States on or after the INTERPARLIAMENTARY UNION. date of enactment of this Act. (a) INTERPARLIAMENTARY UNION LIMITA- (A) travel between the United States and a TITLE XII—OTHER INTERNATIONAL TION.—The United States shall either— foreign country or territory except home leave; ORGANIZATIONS AND COMMISSIONS (1) pay no more than $500,000 in annual dues and CHAPTER 1—AUTHORIZATION OF for membership in the Interparliamentary Union (B) in the case of personnel assigned to a APPROPRIATIONS in fiscal year 1998 and fiscal year 1999; or United States diplomatic mission or consular (2) formally withdraw from the Organization. post in a foreign country or territory, travel out- SEC. 1201. INTERNATIONAL CONFERENCES AND (b) RETURN OF APPROPRIATED FUNDS.— side that country or territory. CONTINGENCIES. (1) PROHIBITION.—None of the funds made (4) UNITED STATES.—The term ‘‘United States’’ There are authorized to be appropriated for available under this Act to the Department of means the several States and the District of Co- ‘‘International Conferences and Contingencies’’, State may be used for congressional participa- lumbia and the commonwealths, territories, and $3,944,000 for the fiscal year 1998 and $3,500,000 tion in the International Parliamentary Union. possessions of the United States. for the fiscal year 1999 for the Department of (2) TRANSFER OF FUNDS.—Unobligated bal- State to carry out the authorities, functions, du- ances of appropriations for the International (f) AVAILABLE FUNDS.—Funds available under ties, and responsibilities in the conduct of the Parliamentary Union shall be transferred to, section 1201 shall be available for purposes of foreign affairs of the United States with respect and merged with, funds available under the carrying out this section. to international conferences and contingencies ‘‘Contributions for International Organiza- SEC. 1215. SENSE OF THE SENATE ON USE OF and to carry out other authorities in law con- tions’’ appropriations account of the Depart- FUNDS IN JAPAN-UNITED STATES sistent with such purposes. ment of State, to be available only for payment FRIENDSHIP TRUST FUND. SEC. 1202. INTERNATIONAL COMMISSIONS. in fiscal year 1998 of United States assessed con- (a) FINDINGS.—The Senate makes the fol- There are authorized to be appropriated for tributions to international organizations cov- lowing findings: ‘‘International Commissions’’ for the Depart- ered by that account. (1) The funds used to create the Japan-United ment of State to carry out the authorities, func- SEC. 1214. REPORTING OF FOREIGN TRAVEL BY States Friendship Trust Fund established under tions, duties, and responsibilities in the conduct UNITED STATES OFFICIALS. section 3 of the Japan-United States Friendship of the foreign affairs of the United States and (a) INITIAL REPORTS.— Act (22 U.S.C. 2902) originated from payments (1) PROHIBITION.—Except as provided in para- for other purposes authorized by law: by the Government of Japan to the Government graph (2), none of the funds made available (1) INTERNATIONAL BOUNDARY AND WATER of the United States. under this Act may be used to pay— COMMISSION, UNITED STATES AND MEXICO.—For (A) the expenses of foreign travel by any offi- (2) Among other things, amounts in the Fund ‘‘International Boundary and Water Commis- cer or employee of United States Executive agen- were intended to be used for cultural and edu- sion, United States and Mexico’’— cies in attending any international conference cational exchanges and scholarly research. (A) for ‘‘Salaries and Expenses’’, $18,200,000 or in engaging in any other foreign travel; or (3) The Japan-United States Friendship Com- for the fiscal year 1998, and $18,200,000 for the (B) the routine services that a United States mission was created to manage the Fund and to fiscal year 1999; and diplomatic mission or consular post provides in fulfill a mandate agreed upon by the Govern- (B) for ‘‘Construction’’, $6,463,000 for the fis- support of travel by such officer or employee, ment of Japan and the Government of the cal year 1998, and $6,463,000 for the fiscal year unless, prior to the commencement of the travel, United States. 1999. the individual submits a report to the Director (4) The statute establishing the Commission (2) INTERNATIONAL BOUNDARY COMMISSION, that states the purpose, duration, and estimated includes provisions which make the availability UNITED STATES AND CANADA.—For ‘‘Inter- cost of the travel. of funds in the Fund contingent upon appro- national Boundary Commission, United States (2) EXCEPTION.—Paragraph (1) shall not priations of such funds. and Canada’’, $785,000 for the fiscal year 1998, apply to— and $785,000 for the fiscal year 1999. (A) the President, the Vice President, or any (5) These provisions impair the operations of (3) INTERNATIONAL JOINT COMMISSION.—For person traveling on a delegation led by the the Commission and hinder it from fulfilling its ‘‘International Joint Commission’’, $3,225,000 for President or Vice President, or any officer or mandate in a satisfactory manner. the fiscal year 1998, and $3,225,000 for the fiscal employee of the Executive Office of the Presi- (b) SENSE OF SENATE.—It is the sense of the year 1999. dent; Senate that— (4) INTERNATIONAL FISHERIES COMMISSIONS.— (B) the foreign travel of officers or employees (1) the Japan-United States Friendship Com- For ‘‘International Fisheries Commissions’’, of United States Executive agencies who are mission shall be able to use amounts in the $14,549,000 for the fiscal year 1998, and carrying out intelligence or intelligence-related Japan-United States Friendship Trust Fund in $14,549,000 for the fiscal year 1999. activities, or law enforcement activities; pursuit of the original mandate of the Commis- (C) the deployment of members of the Armed CHAPTER 2—GENERAL PROVISIONS sion; and Forces of the United States; or (2) the Office of Management and Budget SEC. 1211. INTERNATIONAL CRIMINAL COURT (D) any United States Government official en- should— PARTICIPATION. gaged in a sensitive diplomatic mission. The United States may not participate in an (b) UPDATED REPORTS.—Not later than 30 (A) review the statute establishing the Com- international criminal court with jurisdiction days after the conclusion of any travel for mission; and over crimes of an international character ex- which a report is required to be submitted under (B) submit to Congress a report on whether or cept— subsection (a)(1), the officer or employee of the not modifications to the statute are required in (1) pursuant to a treaty made in accordance United States shall submit an updated report to order to permit the Commission to pursue fully with Article II, section 2, clause 2 of the Con- the Director on the purpose, duration, or costs its original mandate and to use amounts in the stitution; or of the travel from those indicated in the initial Fund as contemplated at the time of the estab- (2) as specifically authorized by statute. report. lishment of the Fund.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5779 TITLE XIII—UNITED STATES INFORMA- U.S.C. 1475e) is hereby amended by adding Working Group on Government-Sponsored TIONAL, EDUCATIONAL, AND CULTURAL ‘‘educational advising and counselling, Ex- International Exchanges and Training (in this PROGRAMS change Visitor Programs Services, advertising section referred to as ‘the Working Group’). CHAPTER 1—AUTHORIZATION OF sold by the Voice of America, receipts from co- ‘‘(2) In this subsection, the term ‘Government- APPROPRIATIONS operating international organizations and from sponsored international exchanges and training’ the privatization of VOA Europe’’ after ‘‘library refers to the movement of people between coun- SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. services’’ and before ‘‘, and Agency-produced tries to promote the sharing of ideas, develop (a) IN GENERAL.—The following amounts are publications,’’. skills, and foster mutual understanding and co- authorized to be appropriated to carry out inter- operation, financed wholly or in part, directly national information activities, and educational SEC. 1312. APPROPRIATIONS TRANSFER AUTHOR- ITY. or indirectly, with United States Government and cultural exchange programs under the funds. United States Information and Educational Ex- Section 701(f) of the United States Information change Act of 1948, the Mutual Educational and and Educational Exchange Act of 1948 (22 ‘‘(3) The Working Group shall consist of the Cultural Exchange Act of 1961, Reorganization U.S.C. 1476(f)) is amended— Associate Director of the Bureau, who shall act (1) in paragraph (1), by striking ‘‘, for the sec- Plan Number 2 of 1977, the Radio Broadcasting as Chairperson of the Working Group, and com- ond fiscal year of any 2-year authorization to Cuba Act, the Television Broadcasting to parable senior representatives appointed by the cycle may be appropriated for such second fiscal Cuba Act, the National Endowment for Democ- Secretaries of State, Defense, Justice, and Edu- year’’ and inserting ‘‘for a fiscal year may be racy Act, the United States International cation, and by the Administrator of the United appropriated for such fiscal year’’; and Broadcasting Act of 1994, and to carry out other States Agency for International Development. (2) by striking paragraph (4). authorities in law consistent with such pur- Other departments and agencies shall partici- poses: SEC. 1313. EXPANSION OF MUSKIE FELLOWSHIP pate in the Working Group’s meetings at the dis- (1) ‘‘International Information Programs’’, PROGRAM. cretion of the Chairperson, and shall cooperate $427,097,000 for the fiscal year 1998 and Section 227(c)(5) of the Foreign Relations Au- with the Working Group to help accomplish the $427,097,000 for the fiscal year 1999. thorization Act, Fiscal Years 1992 and 1993 (22 purposes of the Working Group. The National (2) ‘‘Educational and Cultural Exchange Pro- U.S.C. 2452 note) is amended— Security Advisor and the Director of the Office grams’’: (1) by inserting in the first sentence ‘‘jour- of Management and Budget may, at their dis- (A) For the ‘‘Fulbright Academic Exchange nalism and communications, education adminis- cretion, each appoint a representative to partici- Programs’’, $99,236,000 for the fiscal year 1998 tration, public policy, library and information pate in the Working Group. The Working Group and $99,236,000 for the fiscal year 1999. science,’’ immediately following ‘‘business ad- shall be supported by an interagency staff office (B) For other educational and cultural ex- ministration,’’; and established in the Bureau. change programs authorized by law, $100,764,000 (2) by inserting in the second sentence ‘‘jour- ‘‘(4) The Working Group shall have the fol- for the fiscal year 1998 and $100,764,000 for the nalism and communications, education adminis- lowing authority: fiscal year 1999. tration, public policy, library and information ‘‘(A) To collect, analyze and report data pro- (3) ‘‘International Broadcasting Activities’’: science,’’ immediately following ‘‘business ad- vided by all United States Government depart- (A) For the activities of Radio Free Asia, ministration,’’. ments and agencies conducting international ex- $20,000,000 for the fiscal year 1998 and SEC. 1314. AU PAIR EXTENSION. changes and training programs. $20,000,000 for the fiscal year 1999. Section 1(b) of Public Law 104–72 is amended ‘‘(B) To promote greater understanding and (B) For the activities of Broadcasting to Cuba, by striking ‘‘, through fiscal year 1997’’. cooperation among concerned United States $22,095,000 for the fiscal year 1998 and SEC. 1315. RADIO BROADCASTING TO IRAN IN THE Government departments and agencies of com- $22,095,000 for the fiscal year 1999. FARSI LANGUAGE. mon issues and challenges in conducting inter- (C) For the activities of Radio Free Iran, (a) RADIO FREE IRAN.—Not more than national exchanges and training programs, in- $2,000,000 for the fiscal year 1998 and $2,000,000 $2,000,000 of the funds made available under cluding through the establishment of a clearing- for the fiscal year 1999. section 1301(a)(3) for each of the fiscal years house of information on international exchange (D) For other ‘‘International Broadcasting 1998 and 1999 for grants to RFE/RL, Incor- and training activities in the governmental and Activities’’, $331,168,000 for the fiscal year 1998 porated, shall be available only for surrogate non-governmental sectors. and $331,168,000 for the fiscal year 1999. radio broadcasting by RFE/RL, Incorporated, to ‘‘(C) In order to achieve the most efficient and (4) ‘‘Radio Construction’’, $37,710,000 for the the Iranian people in the Farsi language, such cost-effective use of Federal resources, to iden- fiscal year 1998 and $31,000,000 for the fiscal broadcasts to be designated as ‘‘Radio Free tify administrative and programmatic duplica- year 1999. Iran’’. tion and overlap of activities by the various (5) ‘‘Technology Fund’’, $5,050,000 for the fis- (b) REPORT TO CONGRESS.—Not later than 60 United States Government departments and cal year 1998 and $5,050,000 for the fiscal year days after the date of enactment of this Act, the agencies involved in Government-sponsored 1999. Broadcasting Board of Governors of the United international exchange and training programs. (b) VIETNAM FULBRIGHT SCHOLARSHIPS.—Of States Information Agency shall submit a de- ‘‘(D) Not later than 1 year after the date of the funds authorized to be appropriated in sub- tailed report to Congress describing the costs, enactment of the Foreign Relations Authoriza- section (a)(2)(A), $5,000,000 is authorized to be implementation, and plans for creation of the tion Act, Fiscal Years 1998 and 1999, to submit appropriated for fiscal year 1998 and $5,000,000 surrogate broadcasting service to be designated a report on Government-sponsored international is authorized to be appropriated for fiscal year as Radio Free Iran. exchange and training programs, along with the 1999 for the Vietnam scholarship program estab- (c) AVAILABILITY OF FUNDS.—None of the findings of the Working Group made under sub- lished by section 229 of the Foreign Relations funds made available under subsection (a) may paragraph (c). Authorization Act, Fiscal Years 1992 and 1993 be made available until submission of the report ‘‘(E) To develop strategies for expanding pub- (Public Law 102–138). required under subsection (b). lic and private partnerships in, and leveraging (c) CENTER FOR CULTURAL AND TECHNICAL SEC. 1316. VOICE OF AMERICA BROADCASTS. private sector support for, Government-spon- INTERCHANGE BETWEEN EAST AND WEST.—There (a) IN GENERAL.—The Voice of America shall sored international exchange and training ac- are authorized to be appropriated no more than devote programming time each day to broad- tivities. $10,000,000 for fiscal year 1998 and no more than casting information on the individual States of ‘‘(5) All reports prepared by the Working $10,000,000 for fiscal year 1999. the United States. The broadcasts shall include Group shall be made to the President through SEC. 1302. NATIONAL ENDOWMENT FOR DEMOC- information on the products, and cultural and the Director of the United States Information RACY. educational facilities of each State, potential Agency. There are authorized to be appropriated trade with each State, and interactive discus- ‘‘(6) The Working Group shall meet at least on $30,000,000 for the fiscal year 1998 and sions with State officials. a quarterly basis. $30,000,000 for the fiscal year 1999 to carry out (b) REPORT.—Not later than July 1, 1998, the ‘‘(7) Four of the members of the Working the National Endowment for Democracy Act Broadcasting Board of Governors of the United Group shall constitute a quorum. All decisions (title V of Public Law 98–164), of which amount States Information Agency shall submit a report of the Working Group shall be by majority vote for each fiscal year not more than 55 percent to Congress detailing the actions that have been of the members present and voting. shall be available only for the following organi- taken to carry out subsection (a). ‘‘(8) The members of the Working Group shall zations, in equal allotments: SEC. 1317. WORKING GROUP ON GOVERNMENT- serve without additional compensation for their (1) The International Republican Institute SPONSORED INTERNATIONAL EX- service on the Working Group, and any ex- (IRI). CHANGES AND TRAINING. penses incurred by a member of the Working (2) The National Democratic Institute (NDI). Section 112 of the Mutual Educational and Group in connection with such member’s service (3) The Free Trade Union Institute (FTUI). Cultural Exchange Act of 1961 (22 U.S.C. 2460) on the Working Group shall be borne by the (4) The Center for International Private En- is amended by adding at the end the following member’s respective department or agency. terprise (CIPE). new subsection: ‘‘(9) If any member of the Working Group dis- CHAPTER 2—USIA AND RELATED ‘‘(g)(1) In order to carry out the purposes of agrees regarding to any matter in a report pre- AGENCIES AUTHORITIES AND ACTIVITIES subsection (f) and to improve the coordination, pared pursuant to this subsection, the member SEC. 1311. AUTHORIZATION TO RECEIVE AND RE- efficiency and effectiveness of Government- may prepare a statement setting forth the rea- CYCLE FEES. sponsored international exchanges and training, sons for such disagreement and such statement Section 810 of the United States Information there is established within the United States In- shall be appended to, and considered a part of, and Educational Exchange Act of 1948 (22 formation Agency a senior-level inter-agency the report.’’.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5780 CONGRESSIONAL RECORD — SENATE June 17, 1997 SEC. 1318. INTERNATIONAL INFORMATION PRO- (E) by adding at the end the following: into a settlement agreement with the Govern- GRAMS. ‘‘(13) the transportation of Peace Corps em- ment of Iraq which would provide for the pay- Section 704(c) of the United States Informa- ployees, Peace Corps volunteers, dependents of ment of such unsatisfied claims. tion and Educational Exchange Act of 1948 (22 employees and volunteers, and accompanying (e) DETERMINATION OF PRIVATE CLAIMS.— U.S.C. 1477b(c)) is amended— baggage, by a foreign air carrier when the (1) AUTHORITY OF THE FOREIGN CLAIMS SET- (1) in paragraph (3), by striking ‘‘Salaries and transportation is between 2 places outside the TLEMENT COMMISSION.—The Foreign Claims Set- Expenses’’ and inserting ‘‘the ‘International In- United States without regard to section 40118 of tlement Commission of the United States is au- formation Programs’ appropriations account,’’; title 49, United States Code.’’. thorized to receive and determine, in accordance and (d) PROHIBITION ON USE OF FUNDS FOR ABOR- with substantive law, including international (2) in paragraph (7), by striking ‘‘the ‘Salaries TIONS.—Section 15 of such Act (22 U.S.C. 2514) is law, the validity and amounts of private claims. and Expenses’ account’’ and inserting ‘‘the amended, as amended by this Act, is further The Commission shall complete its affairs in ‘International Information Programs’ appro- amended by adding at the end the following connection with the determination of private priations account,’’. new subsection: claims under this section within such time as is SEC. 1319. AUTHORITY TO ADMINISTER SUMMER ‘‘(e) Funds made available for the purposes of necessary to allow the payment of the claims TRAVEL AND WORK PROGRAMS. this Act may not be used to pay for abortions.’’. under subsection (c)(1). The Director of the United States Information TITLE XV—UNITED STATES ARMS (2) APPLICABILITY.—Except to the extent in- Agency is authorized to administer summer trav- CONTROL AND DISARMAMENT AGENCY consistent with the provisions of this section, el and work programs without regard to the provisions of title I of the International CHAPTER 1—AUTHORIZATION OF preplacement requirements. Claims Settlement Act of 1949 (22 U.S.C. 1621 et APPROPRIATIONS TITLE XIV—PEACE CORPS seq.) shall apply with respect to private claims SEC. 1501. AUTHORIZATION OF APPROPRIATIONS. SEC. 1401. SHORT TITLE. under this section. Any reference in such provi- There are authorized to be appropriated to sions to ‘‘this title’’ shall be deemed to refer to This title may be cited as the ‘‘Peace Corps carry out the purposes of the Arms Control and Act Amendments of 1997’’. those provisions and to this section. Disarmament Act $39,000,000 for fiscal year 1998. (3) CERTIFICATION.—The Foreign Claims Set- SEC. 1402. AUTHORIZATION OF APPROPRIATIONS. CHAPTER 2—AUTHORITIES tlement Commission shall certify to the Sec- Section 3(b) of the Peace Corps Act (22 U.S.C. retary of the Treasury the awards made in favor 2502(b)) is amended to read as follows: SEC. 1511. STATUTORY CONSTRUCTION. ‘‘(b) There are authorized to be appropriated Section 33 of the Arms Control and Disar- of each private claim under paragraph (1). NSATISFIED CLAIMS.—Payment of any to carry out the purposes of this Act $234,000,000 mament Act (22 U.S.C. 2573) is amended by add- (f) U award made pursuant to this section shall not for fiscal year 1998, which are authorized to re- ing at the end the following new subsection: extinguish any unsatisfied claim, or be con- main available until September 30, 1999 and ‘‘(c) STATUTORY CONSTRUCTION.—Nothing strued to have divested any claimant, or the $234,000,000 for fiscal year 1999.’’. contained in this chapter shall be construed to authorize any policy or action by any Govern- United States on his or her behalf, of any rights SEC. 1403. AMENDMENTS TO THE PEACE CORPS against the Government of Iraq with respect to ACT. ment agency which would interfere with, re- any unsatisfied claim. (a) TERMS AND CONDITIONS OF VOLUNTEER strict, or prohibit the acquisition, possession, or (g) DEFINITIONS.—As used in this section— SERVICE.—Section 5 of the Peace Corps Act (22 use of firearms by an individual for the lawful (1) the term ‘‘Government of Iraq’’ includes U.S.C. 2504) is amended— purpose of personal defense, sport, recreation, agencies, instrumentalities, and controlled enti- (1) in subsection (f)(1)(B), by striking ‘‘Civil education, or training.’’. ties (including public sector enterprises) of that Service Commission’’ and inserting ‘‘Office of TITLE XVI—FOREIGN POLICY government; Personnel Management’’; SEC. 1601. PAYMENT OF IRAQI CLAIMS. (2) the term ‘‘private claims’’ mean claims of (2) in subsection (h), by striking ‘‘the Federal (a) VESTING OF ASSETS.—All nondiplomatic United States persons against the Government Voting Assistance Act of 1955’’ and all that fol- accounts of the Government of Iraq in the of Iraq that are determined by the Secretary of lows through the end of the subsection and in- United States that have been blocked pursuant State to be outside the jurisdiction of the United serting ‘‘sections 5584 and 5732 of title 5, United to the International Emergency Economic Pow- Nations Commission; States Code (and readjustment allowances paid ers Act (50 U.S.C. 1701 et seq.) shall vest in the (3) the term ‘‘United Nations Commission’’ under this Act shall be considered as pay for President, and the President, not later than 30 means the United Nations Compensation Com- purposes of such section 5732), section 1 of the days after the date of the enactment of this Act, mission established pursuant to United Nations Act of June 4, 1920 (22 U.S.C. 214), and section shall liquidate such accounts. Amounts from Security Council Resolution 687, adopted in 3342 of title 31, United States Code.’’; and such liquidation shall be transferred into the 1991; and (3) in subsection (j), by striking ‘‘section 1757 Iraq Claims Fund established under subsection (4) the term ‘‘United States person’’— of the Revised Statutes’’ and all that follows (b). (A) includes— through the end of the subsection and inserting (b) IRAQ CLAIMS FUND.—Upon the vesting of (i) any person, wherever located, who is a cit- ‘‘section 3331 of title 5, United States Code.’’. accounts under subsection (a), the Secretary of izen of the United States; (b) GENERAL POWERS AND AUTHORITIES.—Sec- the Treasury shall establish in the Treasury of (ii) any corporation, partnership, association, tion 10 of such Act (22 U.S.C. 2509) is amended— the United States a fund to be known as the or other legal entity organized under the laws of (1) in subsection (a)(4), by striking ‘‘31 U.S.C. Iraq Claims Fund (hereafter in this section re- the United States or of any State, the District of 665(b)’’ and inserting ‘‘section 1342 of title 31, ferred to as the ‘‘Fund’’) for payment of private Columbia, or any commonwealth, territory, or United States Code’’; and possession of the United States; and (2) in subsection (a)(5), by striking ‘‘: Pro- claims or United States Government claims in (iii) any corporation, partnership, association, vided, That’’ and all that follows through the accordance with subsection (c). (c) PAYMENTS.— or other organization, wherever organized or end of the paragraph and inserting ‘‘, except (1) PAYMENTS ON PRIVATE CLAIMS.—Not later doing business, which is owned or controlled by that such individuals shall not be deemed em- than 2 years after the date of the enactment of persons described in clause (i) or (ii); and ployees for the purpose of any law administered this Act, the Secretary of the Treasury shall (B) does not include the United States Gov- by the Office of Personnel Management.’’. make payment out of the Fund in ratable pro- ernment or any officer or employee of the (c) UTILIZATION OF FUNDS.—Section 15 of such United States Government acting in an official Act (22 U.S.C. 2514) is amended— portions on private claims certified under sub- (1) in the first sentence of subsection (c)— section (e) according to the proportions which capacity. (A) by striking ‘‘Public Law 84–918 (7 U.S.C. the total amount of the private claims so cer- SEC. 1602. UNITED NATIONS MEMBERSHIP FOR 1881 et seq.)’’ and inserting ‘‘subchapter VI of tified bear to the total amount in the Fund that BELARUS. chapter 33 of title 5, United States Code (5 is available for distribution at the time such It is the sense of Congress that, if Belarus U.S.C. 3371 et seq.)’’; and payments are made. concludes a treaty of unification with another (B) by striking ‘‘specified in that Act’’ and in- (2) PAYMENTS ON UNITED STATES GOVERNMENT country, the United States Permanent Rep- serting ‘‘or other organizations specified in sec- CLAIMS.—After payment has been made in full resentative to the United Nations and the tion 3372(b) of such title’’; and out of the Fund on all private claims certified United States Head of Delegation to the Organi- (2) in subsection (d)— under subsection (e), any funds remaining in zation for Security and Cooperation in Europe (A) in paragraph (2), by striking ‘‘section 9 of the Fund shall be made available to satisfy should introduce resolutions abrogating the sov- Public Law 60–328 (31 U.S.C. 673)’’ and inserting claims of the United States Government against ereign status of Belarus within the United Na- ‘‘section 1346 of title 31, United States Code’’; the Government of Iraq determined under sub- tions and the OSCE. (B) in paragraph (6), by striking ‘‘without re- section (d). SEC. 1603. UNITED STATES POLICY WITH RE- gard to section 3561 of the Revised Statutes (31 (d) DETERMINATION OF VALIDITY OF UNITED SPECT TO JERUSALEM AS THE CAP- U.S.C. 543)’’; STATES GOVERNMENT CLAIMS.—The President ITAL OF ISRAEL. (C) in paragraph (11)— shall determine the validity and amounts of (a) AUTHORIZATION OF APPROPRIATIONS.—Of (i) by striking ‘‘Foreign Service Act of 1946, as claims of the Government of the United States the amounts authorized to be appropriated by amended (22 U.S.C. 801 et seq.),’’ and inserting against the Government of Iraq which the Sec- section 1101(3) for ‘‘Security and Maintenance ‘‘Foreign Service Act of 1980 (22 U.S.C. 3901 et retary of State has determined are outside the of Buildings Abroad’’, $25,000,000 for the fiscal seq.)’’; and jurisdiction of the United Nations Commission, year 1998 and $75,000,000 for the fiscal year 1999 (ii) by striking ‘‘and’’ at the end; and, to the extent that such claims are not satis- are authorized to be appropriated for the con- (D) in paragraph (12), by striking the period fied from funds made available by the Fund, the struction of a United States Embassy in Jeru- at the end and by inserting ‘‘; and’’; and President is authorized and requested to enter salem, Israel.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5781

(b) LIMITATION ON USE OF FUNDS FOR CON- termination of the President stating that it is in and around Haiti during the period covered SULATE IN JERUSALEM.—None of the funds au- vital to the national security interests of the by the report, including— thorized to be appropriated by this Act may be United States that financial transactions of that ‘‘(A) the cost of deployments of United States expended for the operation of a United States class and with that country be permitted. Armed Forces and Coast Guard personnel train- consulate or diplomatic facility in Jerusalem un- ‘‘(3) Each determination under paragraph ing, exercises, mobilization, and preparation ac- less such consulate or diplomatic facility is (2)(D) shall be published in the Federal Register tivities, including the preparation of police and under the supervision of the United States Am- at least 15 days in advance of the transaction military units of other nations of any multilat- bassador to Israel. and shall include a statement of the determina- eral force involved in activities in and around (c) LIMITATION ON USE OF FUNDS FOR PUBLI- tion, a detailed explanation of the types of fi- Haiti; and CATIONS.—None of the funds authorized to be nancial transactions permitted, the estimated ‘‘(B) the costs of all other activities relating to appropriated by this Act may be available for dollar amount of the financial transactions per- United States policy toward Haiti, including hu- the publication of any official government docu- mitted, and an explanation of the manner in manitarian assistance, reconstruction assist- ment which lists countries and their capital cit- which those financial transactions would fur- ance, assistance under part I of the Foreign As- ies unless the publication identifies Jerusalem as ther the national interests of the United States. sistance Act of 1961, and other financial assist- the capital of Israel. ‘‘(4) The President shall submit a report to the ance, and all other costs to the United States (d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR Committees on Foreign Relations and Appro- Government; and PASSPORT PURPOSES.—For purposes of the reg- priations of the Senate and the Committees on ‘‘(4) a detailed accounting of the source of istration of birth, certification of nationality, or International Relations and Appropriations of funds obligated or expended to meet the costs issuance of a passport of a United States citizen the House of Representatives and the Speaker of described in paragraph (3), including— ‘‘(A) in the case of amounts expended out of born in the city of Jerusalem, the Secretary of the House of Representatives containing any de- funds available to the Department of Defense State shall, upon the request of the citizen, termination under paragraph (2)(D) at least 30 budget, by military service or defense agency, record the place of birth as Israel. days before the determination is to take effect. line item and program; and SEC. 1604. SPECIAL ENVOY FOR TIBET. Any such determination shall be effective only ‘‘(B) in the case of amounts expended out of (a) UNITED STATES SPECIAL ENVOY FOR for a period of 12 months but may be extended funds available to departments and agencies TIBET.—The President shall appoint within the for an additional period or periods of 12 months other than the Department of Defense, by de- Department of State a United States Special each.’’. partment or agency and program. Envoy for Tibet, who shall hold office at the (b) DEFINITION.—Section 2332d(b) of title 18, ‘‘(b) DEFINITION.—The term ‘period covered by pleasure of the President. United States Code, is amended— the report’ means the six-month period prior to (b) RANK.—A United States Special Envoy for (1) by striking ‘‘and’’ at the end of paragraph the date the report is required to be submitted, Tibet appointed under subsection (a) shall have (1); except that, in the case of the initial report, the the personal rank of ambassador and shall be (2) by redesignating paragraph (2) as para- term means the period since the date of enact- appointed by and with the advice and consent graph (3); and ment of the Foreign Relations Authorization (3) by inserting after paragraph (1) the fol- of the Senate. Act, Fiscal Years 1998 and 1999.’’. (c) SPECIAL FUNCTIONS.—The United States lowing: ‘‘(2) the term ‘humanitarian assistance’ in- SEC. 1608. REPORT ON AN ALLIANCE AGAINST Special Envoy for Tibet should be authorized NARCOTICS TRAFFICKING IN THE and encouraged— cludes, but is not limited to, the provision of WESTERN HEMISPHERE. (1) to promote substantive negotiations be- medicines and religious materials; and’’. (a) SENSE OF CONGRESS ON DISCUSSIONS FOR tween the Dalai Lama or his representatives and (c) EFFECTIVE DATE.—The amendments made ALLIANCE.— senior members of the Government of the Peo- by this section shall apply to financial trans- (1) SENSE OF CONGRESS.—It is the sense of ple’s Republic of China; actions entered into on or after the date of en- Congress that the President should discuss with (2) to promote good relations between the actment of this Act. the democratically-elected governments of the Dalai Lama and his representatives and the SEC. 1606. UNITED STATES POLICY WITH RE- Western Hemisphere, during the President’s United States Government, including meeting SPECT TO THE INVOLUNTARY RE- trips in the region in 1997 and through other TURN OF PERSONS IN DANGER OF consultations, the prospect of forming a multi- with members or representatives of the Tibetan SUBJECTION TO TORTURE. government-in-exile; and lateral alliance to address problems relating to (a) IN GENERAL.—The United States shall not (3) to travel regularly throughout Tibet and international drug trafficking in the Western expel, extradite, or otherwise effect the involun- Tibetan refugee settlements. Hemisphere. tary return of any person to a country in which (d) DUTIES AND RESPONSIBILITIES.—The (2) CONSULTATIONS.—In the consultations on there are reasonable grounds for believing the United States Special Envoy for Tibet shall— the prospect of forming an alliance described in person would be in danger of subjection to tor- (1) consult with the Congress on policies rel- paragraph (1), the President should seek the ture. evant to Tibet and the future and welfare of all input of such governments on the possibility of (b) DEFINITIONS.— Tibetan people; forming one or more structures within the alli- (1) IN GENERAL.—Except as otherwise pro- (2) coordinate United States Government poli- ance— vided, terms used in this section have the mean- cies, programs, and projects concerning Tibet; (A) to develop a regional, multilateral strategy ings given such terms under the United Nations and to address the threat posed to nations in the Convention Against Torture and Other Cruel, (3) report to the Secretary of State regarding Western Hemisphere by drug trafficking; and Inhuman or Degrading Treatment or Punish- the matters described in section 536(a)(2) of the (B) to establish a new mechanism for improv- ment, subject to any reservations, under- Foreign Relations Authorization Act, Fiscal ing multilateral coordination of drug interdic- standings, declarations, and provisos contained Years 1994 and 1995 (Public Law 103–236). tion and drug-related law enforcement activities in the United States Senate resolution of advice in the Western Hemisphere. SEC. 1605. FINANCIAL TRANSACTIONS WITH and consent to ratification to such convention. (b) REPORT.— STATE SPONSORS OF INTER- (2) INVOLUNTARY RETURN.—As used in this (1) REQUIREMENT.—Not later than October 1, NATIONAL TERRORISM. section, the term ‘‘effect the involuntary re- 1997, the President shall submit to Congress a (a) PROHIBITED TRANSACTIONS.—Section turn’’ means to take action by which it is rea- report on the proposal discussed under sub- 2332d(a) of title 18, United States Code, is sonably foreseeable that a person will be re- section (a). The report shall include the fol- amended— quired to return to a country against the per- lowing: (1) by striking ‘‘Except as provided in regula- (A) An analysis of the reactions of the govern- tions issued by the Secretary of the Treasury, in son’s will, regardless of whether such return is induced by physical force and regardless of ments concerned to the proposal. consultation with the Secretary of State, who- (B) An assessment of the proposal, including ever’’ and inserting ‘‘(1) Except as provided in whether the person is physically present in the United States. an evaluation of the feasibility and advisability paragraph (2), whoever’’; of forming the alliance. (2) by inserting ‘‘of 1979’’ after ‘‘Export Ad- SEC. 1607. REPORTS ON THE SITUATION IN HAITI. (C) A determination in light of the analysis ministration Act’’; and Section 3 of Public Law 103–423 is amended to and assessment whether or not the formation of (3) by adding at the end the following: read as follows: the alliance is in the national interests of the ‘‘(2) Paragraph (1) does not apply to any fi- ‘‘SEC. 3. REPORTS. United States. nancial transaction— ‘‘(a) REPORTING REQUIREMENT.—Not later (D) If the President determines that the for- ‘‘(A) engaged in by an officer or employee of than January 1, 1998, and every six months mation of the alliance is in the national inter- the United States acting within his or her offi- thereafter, the President shall submit a report to ests of the United States, a plan for encouraging cial capacity; Congress on the situation in Haiti, including— and facilitating the formation of the alliance. ‘‘(B) for the sole purpose of providing human- ‘‘(1) a listing of the units of the United States (E) If the President determines that the forma- itarian assistance in a country designated under Armed Forces or Coast Guard and of the police tion of the alliance is not in the national inter- section 6(j) of the Export Administration Act of and military units of other nations participating ests of the United States, an alternative pro- 1979; in operations in and around Haiti; posal to improve significantly efforts against the ‘‘(C) involving travel or other activity by any ‘‘(2) armed incidents or the use of force in or threats posed by narcotics trafficking in the journalist or other member of the news media in around Haiti involving United States Armed Western Hemisphere, including an explanation a country designated under section 6(j) of the Forces or Coast Guard personnel during the pe- of how the alternative proposal will— Export Administration Act of 1979; or riod covered by the report; (i) improve upon current cooperation and co- ‘‘(D) within a class of financial transactions, ‘‘(3) the estimated cumulative cost, including ordination of counter-drug efforts among na- and with a specified country, covered by a de- incremental cost, of all United States activities tions in the Western Hemisphere;

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5782 CONGRESSIONAL RECORD — SENATE June 17, 1997 (ii) provide for the allocation of the resources annually, a report concerning diplomatic immu- (5) Mr. Talenti has exhausted all remedies required to make significant progress in dis- nity entitled ‘‘Report on Cases Involving Diplo- available to him within the Italian judicial sys- rupting and disbanding the criminal organiza- matic Immunity’’. tem. tions responsible for the trafficking of illegal (2) CONTENT OF REPORT.—In addition to such (6) To date, Mr. Talenti has not received ‘‘just drugs in the Western Hemisphere; and other information as the Secretary of State may and effective compensation’’ from the Italian (iii) differ from and improve upon past strate- consider appropriate, the report under para- government as called for in the Treaty. gies adopted by the United States Government graph (1) shall include the following: (7) In view of the inability of Mr. Talenti to which have failed to make sufficient progress (A) The number of persons residing in the obtain any recourse within the Italian judicial against the trafficking of illegal drugs in the United States who enjoy full immunity from the system, on August 5, 1996, the Department of Western Hemisphere. criminal jurisdiction of the United States under State agreed to espouse Mr. Talenti’s claim and (2) UNCLASSIFIED FORM.—The report under laws extending diplomatic privileges and immu- formally urged the Italian government to reach paragraph (1) shall be submitted in unclassified nities. a settlement with Mr. Talenti. form, but may contain a classified annex. (B) Each case involving an alien described in (b) SENSE OF CONGRESS.—It is the sense of SEC. 1609. REPORT ON GREENHOUSE GAS EMIS- subparagraph (A) in which the appropriate au- Congress that the Italian Republic must honor SIONS AGREEMENT. thorities of a State, a political subdivision of a its Treaty obligations with regard to the con- (a) ASSESSMENT OF PROPOSED AGREEMENT.— State, or the United States reported to the De- fiscated property of Mr. Pier Talenti by negoti- (1) ASSESSMENT.—The President shall assess partment of State that the authority had rea- ating a prompt resolution of Mr. Talenti’s case, the effect on the United States economy and en- sonable cause to believe the alien committed a and that the Department of State should con- vironment of any quantified objectives, targets, serious criminal offense within the United tinue to press the Italian government to resolve policies, or measures proposed for the control, States. Mr. Talenti’s claim. limitation, or reduction of greenhouse gas emis- (C) Each case in which the United States has SEC. 1612. DESIGNATION OF ADDITIONAL COUN- sions of Annex I Parties. certified that a person enjoys full immunity TRIES ELIGIBLE FOR NATO EN- (2) ELEMENTS.—The assessment under para- from the criminal jurisdiction of the United LARGEMENT ASSISTANCE. graph (1) shall include— States under laws extending diplomatic privi- (a) DESIGNATION OF ADDITIONAL COUNTRIES.— (A) an assessment of the costs and benefits to leges and immunities. Effective 180 days after the date of the enact- the United States economy and the environment (D) The number of United States citizens who ment of this Act, Romania, Estonia, Latvia, of pursuing a policy of reducing greenhouse gas are residing in a receiving state and who enjoy Lithuania, and Bulgaria are each designated as emissions; full immunity from the criminal jurisdiction of eligible to receive assistance under the program (B) an assessment of the schedules for achiev- such state under laws extending diplomatic established under section 203(a) of the NATO ing reductions in greenhouse gas emissions; privileges and immunities. Participation Act of 1994 and shall be deemed to (C) an assessment of the ability of Annex I (E) Each case involving a United States cit- have been so designated pursuant to section Parties to meet the schedules identified under izen under subparagraph (D) in which the 203(d)(1) of such Act, except that any such subparagraph (B); United States has been requested by the govern- country shall not be so designated if, prior to (D) an assessment of the effect of increased ment of a receiving state to waive the immunity such effective date, the President certifies to the greenhouse gas emissions by non-Annex I Par- from criminal jurisdiction of the United States Committee on International Relations of the ties and all nonparticipating nations on the citizen. House of Representatives and the Committee on (3) SERIOUS CRIMINAL OFFENSE DEFINED.—In overall effort to reduce greenhouse gas emis- Foreign Relations of the Senate that the coun- this section, the term ‘‘serious criminal offense’’ sions; try fails to meet the criteria under section means— (E) an assessment of the long-term impact on 203(d)(3) of the NATO Participation Act of 1994. (A) any felony under Federal, State, or local the global economy and the environment of in- (b) RULE OF CONSTRUCTION.—The designation creased greenhouse gas emissions by Annex I law; (B) any Federal, State, or local offense pun- of countries pursuant to subsection (a) as eligi- Parties; and ishable by a term of imprisonment of more than ble to receive assistance under the program es- (F) an assessment of consequences for employ- tablished under section 203(a) of the NATO Par- ment, trade, consumer activities, competitive- 1 year; (C) any crime of violence as defined for pur- ticipation Act of 1994— ness, and the environment in the United States poses of section 16 of title 18, United States (1) is in addition to the designation of other of the requirements of paragraphs 3, 4, and 5 of Code; or countries by law or pursuant to section 203(d)(2) Article 4 of the FCCC regarding the transfer by (D) driving under the influence of alcohol or of such Act as eligible to receive assistance Annex I Parties of financial resources, tech- drugs or driving while intoxicated if the case in- under the program established under section nology, and other resources to non-Annex I Par- volves personal injury to another individual. 203(a) of such Act; and ties. (b) UNITED STATES POLICY CONCERNING RE- (2) shall not preclude the designation by the (b) NOTIFICATION OF CONGRESS.—Not later FORM OF DIPLOMATIC IMMUNITY.—It is the sense President of other emerging democracies in Cen- than six months before any vote by the parties of the Congress that the Secretary of State tral and Eastern Europe pursuant to section to the FCCC on the final negotiating text of a should explore, in appropriate fora, whether 203(d)(2) of such Act as eligible to receive assist- proposed agreement to reduce greenhouse gas states should enter into agreements and adopt ance under the program established under sec- emissions under the FCCC, the President shall legislation— tion 203(a) of such Act. submit to Congress a comprehensive analysis of (1) to provide jurisdiction in the sending state (c) SENSE OF THE SENATE.—It is the sense of the effect of the proposed agreement on the to prosecute crimes committed in the receiving the Senate that Romania, Estonia, Latvia, Lith- United States economy and the environment, in- state by persons entitled to immunity from crimi- uania, and Bulgaria— cluding the assessments made under subsection nal jurisdiction under laws extending diplomatic (1) are to be commended for their progress to- (a). To the extent practicable, the analysis shall privileges and immunities; and ward political and economic reform and meeting include the text and negotiating notes of the (2) to provide that where there is probable the guidelines for prospective NATO members; proposed agreement. cause to believe that an individual who is enti- (2) would make an outstanding contribution (c) DEFINITIONS.—For the purposes of this sec- tled to immunity from the criminal jurisdiction to furthering the goals of NATO and enhancing tion— of the receiving state under laws extending dip- stability, freedom, and peace in Europe should (1) FCCC.—The term ‘‘FCCC’’ means the lomatic privileges and immunities committed a they become NATO members; and United Nations Framework Convention on Cli- serious crime, the sending state will waive such (3) upon complete satisfaction of all relevant mate Change, with annexes, done at New York immunity or the sending state will prosecute criteria should be invited to become full NATO May 9, 1992. such individual. members at the earliest possible date. (2) ANNEX I PARTIES.—The term ‘‘Annex I Par- SEC. 1611. ITALIAN CONFISCATION OF PROPERTY SEC. 1613. SENSE OF SENATE REGARDING ties’’ means the Developed Country Parties of CASE. UNITED STATES CITIZENS HELD IN the FCCC, including the United States, Canada, (a) FINDINGS.—Congress makes the following PRISONS IN PERU. the Russian Federation, the European Union findings: It is the sense of the Senate that— Countries, Australia, Japan, and countries un- (1) The United States and the Italian Republic (1) as a signatory of the International Cov- dergoing the process of transition to a market signed the Treaty of Friendship, Commerce and enant on Civil and Political Rights, the Govern- economy, as listed in Annex I of the FCCC. Navigation in 1948. ment of Peru is obligated to grant prisoners (3) NON-ANNEX I PARTIES.—The term ‘‘Non- (2) Article V, paragraph 2 of the Treaty states timely legal proceedings pursuant to Article 9 of Annex I Parties’’ means the developing coun- that property owned by nationals of either trea- the International Covenant on Civil and Polit- tries (including China, India, South Korea, Ma- ty partner shall not be taken without ‘‘due ical Rights which requires that ‘‘anyone ar- laysia, Brazil, Mexico, other trading partners of process of law and without the prompt payment rested or detained on a criminal charge shall be the United States, and the Small Island Coun- of just and effective compensation.’’. brought promptly before a judge or other officer tries) that are parties to the FCCC but not listed (3) The Italian Republic confiscated the prop- authorized by law to exercise judicial power and in Annex I of the FCCC. erty of an American citizen, Mr. Pier Talenti, shall be entitled to trial within a reasonable SEC. 1610. REPORTS AND POLICY CONCERNING and has failed to compensate Mr. Talenti for his time or to release;’’ and that ‘‘anyone who is de- DIPLOMATIC IMMUNITY. property. prived of his liberty by arrest or detention shall (a) ANNUAL REPORT CONCERNING DIPLOMATIC (4) The failure of the Italian government to be entitled to take proceedings before a court, in IMMUNITY.— compensate Mr. Talenti runs counter to its trea- order that that court may decide without delay (1) REPORT TO CONGRESS.—The Secretary of ty obligations and accepted international stand- on the lawfulness of his detention and order his State shall prepare and submit to the Congress, ards. release if the detention is not lawful;’’; and

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5783 (2) the Government of Peru should take all General shall exclude from the United States, SEC. 1615. SENSE OF THE SENATE ON ENFORCE- necessary steps to ensure that any United States any alien who the Secretary of State has reason MENT OF THE IRAN-IRAQ ARMS NON- citizen charged with committing a crime in that to believe is a person who— PROLIFERATION ACT OF 1992 WITH country is accorded open and fair proceedings (1) has been credibly alleged to have ordered, RESPECT TO THE ACQUISITION BY IRAN OF C–802 CRUISE MISSILES. in a civilian court. carried out, or materially assisted, in the extrajudicial and political killings of Antoine (a) FINDINGS.—The Senate makes the fol- SEC. 1614. EXCLUSION FROM THE UNITED STATES lowing findings: OF ALIENS WHO HAVE BEEN IN- Izmery, Guy Malary, Father Jean-Marie Vin- VOLVED IN EXTRAJUDICIAL AND PO- cent, Pastor Antoine Leroy, Jacques Fleurival, (1) The United States escort vessel U.S.S. LITICAL KILLINGS IN HAITI. Mireille Durocher Bertin, Eugene Baillergeau, Stark was struck by a cruise missile, causing the (a) FINDINGS.—Congress makes the following Michelange Hermann, Max Mayard, Romulus death of 37 United States sailors. findings: Dumarsais, Claude Yves Marie, Mario (2) The China National Precision Machinery (1) At the time of the enactment of this Act, Beaubrun, Leslie Grimar, Joseph Chilove, Import Export Corporation is marketing the C– there have been over eighty extrajudicial and Michel Gonzalez, and Jean-Hubert Feuille; 802 model cruise missile for use against escort political killing cases assigned to the Haitian (2) has been included in the list presented to vessels such as the U.S.S. Stark. Special Investigative Unit (SIU) by the Govern- former president Jean-Bertrand Aristide by (3) The China National Precision Machinery ment of Haiti. Furthermore, the government has former National Security Council Advisor An- Import Export Corporation has delivered 60 C– requested that the SIU investigate on a ‘‘pri- thony Lake in December 1995, and acted upon 802 cruise missiles to Iran for use by vessels of ority basis’’ close to two dozen cases relating to by President Rene Preval; the Iranian Revolutionary Guard Navy. extrajudicial and political killings. (3) was a member of the Haitian presidential (4) Iran is acquiring land batteries to launch (2) President Jean-Bertrand Aristide lived in security unit who has been credibly alleged to C–802 cruise missiles which will provide its exile in the United States after he was over- have ordered, carried out, or materially assisted, armed forces with a weapon of greater range, thrown by a military coup on September 30, in the extrajudicial and political killings of Pas- reliability, accuracy, and mobility than before. 1991. During his exile, political and extrajudicial tor Antoine Leroy and Jacques Fleurival, or (5) Iran has acquired air launched C–802K killings occurred in Haiti including Aristide fi- who was suspended by President Preval for his cruise missiles giving it a 360 degree attack ca- nancial supporter Antoine Izmery, who was involvement in or knowledge of the Leroy and pability. killed on September 11, 1993; Guy Malary, Fleurival killings on August 20, 1996; (6) 15,000 members of the United States Armed Aristide’s Minister of Justice, who was killed on (4) was sought for an interview by the Federal Forces are stationed within range of the C–802 October 14, 1993; and Father Jean-Marie Vin- Bureau of Investigation as part of its inquiry cruise missiles being acquired by Iran. cent, a supporter of Aristide, was killed on Au- into the March 28, 1995, murder of Mireille (7) The Department of State believes that gust 28, 1992. Durocher Bertin and Eugene Baillergeau, Jr., ‘‘[t]hese cruise missiles pose new, direct threats (3) President Aristide returned to Haiti on Oc- and were credibly alleged to have ordered, car- to deployed United States forces’’. tober 15, 1994, after some 20,000 United States ried out, or materially assisted, in those mur- (8) The delivery of cruise missiles to Iran is a troops, under the code name Operation Uphold ders, per a June 28, 1995, letter to the then Min- violation of the Iran-Iraq Arms Non-Prolifera- Democracy, entered Haiti as the lead force in a ister of Justice of the Government of Haiti, Jean- tion Act of 1992 (50 U.S.C. 1701 note). multi-national force with the objective of restor- Joseph Exume; (9) The Clinton Administration ‘‘has con- (5) any member of the Haitian High Command ing democratic rule. cluded at present that the known types [of C– during the period 1991–1994, who has been (4) From June 25, 1995, through October 1995, 802 cruise missiles] are not of a destabilizing credibly alleged to have planned, ordered, or elections were held where pro-Aristide can- number and type’’. participated with members of the Haitian Armed didates won a large share of the parliamentary (b) SENSE OF SENATE.—It is the sense of the Forces in the September 1991 coup against the and local government seats. Senate to urge the Clinton Administration to en- duly elected government of Haiti (and his family (5) On March 28, 1995, a leading opposition force the provisions of the Iran-Iraq Arms Non- members) or the subsequent murders of as many leader to Aristide, Attorney Mireille Durocher Proliferation Act of 1992 with respect to the ac- as three thousand Haitians during that period; Bertin, and a client, Eugene Baillergeau, were quisition by Iran of C–802 model cruise missiles. or gunned down in Ms. Bertin’s car. (6) any individual who has been credibly al- SEC. 1616. SENSE OF THE SENATE ON PERSECU- (6) On May 22, 1995, Michel Gonzalez, Haitian TION OF CHRISTIAN MINORITIES IN leged to have been a member of the paramilitary THE PEOPLE’S REPUBLIC OF CHINA. businessman and Aristide’s next door neighbor, organization known as FRAPH who planned, was killed in a drive-by shooting after alleged (a) The Senate finds that— ordered, or participated in acts of violence (1) Chinese law requires all religious con- attempts by Aristide to acquire his property. against the Haitian people. gregations, including Christian congregations, (7) After Aristide regained power, three former (c) EXEMPTION.—This section shall not apply top Army officers were assassinated: Colonel where the Secretary of State finds, on a case by to ‘‘register’’ with the Bureau of Religious Af- Max Mayard on March 10, 1995; Colonel case basis, that the entry into the United States fairs, and Christian congregations, depending Michelange Hermann on May 24, 1995; and of the person who would otherwise be excluded on denominational affiliation, to be monitored Brigadier General Romulus Dumarsais was under this section is necessary for medical rea- by either the ‘‘Three Self Patriotic Movement killed on June 27, 1995. sons, or such person has cooperated fully with Committee of the Protestant Churches of (8) Presidential elections were held on Decem- the investigation of these political murders. If China’’, the ‘‘Chinese Christian Council’’, the ber 17, 1995. Rene Preval, an Aristide supporter, the Secretary of State exempts such a person, ‘‘Chinese Patriotic Catholic Association’’, or the won, with 89 percent of the votes cast, but with the Secretary shall notify the appropriate con- ‘‘Chinese Catholic Bishops College’’; a low voter turnout of only 28 percent, and with gressional committees in writing. (2) the manner in which these registration re- many parties allegedly boycotting the election. (d) REPORTING REQUIREMENT.—(1) The United quirements are implemented and enforced allows Preval took office on February 7, 1996. States chief of mission in Haiti shall provide the the government to exercise direct control over all (9) On March 6,1996, police and ministerial se- Secretary of State a list of those who have been congregations and their religious activities, and curity guards killed at least six men during a credibly alleged to have ordered or carried out also discourages congregants who fear govern- raid in Cite Soleil, a Port-au-Prince slum. the extrajudicial and political killings men- ment persecution and harassment on account of (10) On August 20,1996, two opposition politi- tioned in paragraph (1) of subsection (b). their religious beliefs; cians, Jacques Fleurival and Baptist Pastor (2) The Secretary of State shall submit the list (3) in the past several years, unofficial Protes- Antoine Leroy were gunned down outside provided under paragraph (1) to the appropriate tant and Catholic communities have been tar- Fleurival’s home. congressional committees not later than three geted by the Chinese government in an effort to (11) Other alleged extrajudicial and political months after the date of enactment of this Act. force all churches to register with the govern- killings include the deaths of Claude Yves (3) The Secretary of State shall submit to the ment or face forced dissolution; Marie, Mario Beaubrun, Leslie Grimar, Joseph appropriate congressional committees a list of (4) this campaign has resulted in the beating Chilove, and Jean-Hubert Feuille. aliens denied visas, and the Attorney General and harassment of congregants by Chinese pub- (12) Although the Haitian Government claims shall submit to the appropriate congressional lic security forces, the closure of churches, and to have terminated from employment several committees a list of aliens refused entry to the numerous arrests, fines, and criminal and ad- suspects in the killings, some whom have re- United States as a result of this provision. ministrative sentences. For example, as reported ceived training from United States advisors, (4) The Secretary shall submit a report under by credible American and multinational non- there has been no substantial progress made in this subsection not later than six months after governmental organizations— the investigation that has led to the prosecution the date of enactment of this Act and not later (A) in February 1995, 500 to 600 evangelical of any of the above-referenced extrajudicial and than March 1 of each year thereafter as long as Christians from Jiangsu and Zhejiang Provinces political killings. the Government of Haiti has not completed the met in Huaian, Jiangsu Province. Public Secu- (13) The expiration of the mandate of the investigation of the extrajudicial and political rity Bureau personnel broke up the meeting, United Nations Support Mission in Haiti has killings and has not prosecuted those implicated beat several participants, imprisoned several of been extended three times, the last to July 31, for the killings specified in paragraph (1) of sub- the organizers, and levied severe fines on others; 1997. The Administration has indicated that a section (b). (B) in April 1996 government authorities in fourth extension through November 1997, may be (e) DEFINITION.—In this section, the term ‘‘ap- Shanghai closed more than 300 home churches necessary to ensure the transition to a demo- propriate congressional committees’’ means the or meeting places; cratic government. Committee on International Relations of the (C) from January through May 1996, security (b) GROUNDS FOR EXCLUSION.—The Secretary House of Representatives and the Committee on forces fanned out through northern Hebei Prov- of State shall deny a visa to, and the Attorney Foreign Relations of the Senate. ince, a Catholic stronghold, in order to prevent

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5784 CONGRESSIONAL RECORD — SENATE June 17, 1997 an annual attendance at a major Marian shrine guaranteed as to both principal and interest by (5) China’s attempts to intimidate Taiwan and by arresting clergy and lay Catholics and con- the United States, in interest-bearing obligations the activities of its military, the People’s Libera- fining prospective attendees to their villages; of Japan, or in obligations guaranteed as to tion Army, both in the United States and (D) a communist party document dated No- both principal and interest by Japan.’’. abroad, are of major concern. vember 20, 1996 entitled ‘‘The Legal Procedures (b) REVISION OF NAME OF COMMISSION.— (6) The Chinese government has threatened for Implementing the Eradication of the Illegal (1) The Japan-United States Friendship Com- international stability through its weapons sales Activities of the Underground Catholic Church’’ mission is hereby designated as the ‘‘United to regimes, including Iran and Iraq, that spon- details steps for eliminating the Catholic move- States-Japan Commission’’. Any reference in sor terrorism and pose a direct threat to Amer- ment in Chongren, Xian, Fuzhou and Jiangxi any provision of law, Executive order, regula- ican military personnel and interests. Provinces and accuses believers of ‘‘seriously tion, delegation of authority, or other document (7) The efforts of two Chinese companies, the disturbing the social order and affecting [the] to the Japan-United States Friendship Commis- China North Industries Group (NORINCO) and political stability’’ of the country; and sion shall be deemed to be a reference to the the China Poly Group (POLY), deserve special (E) in March 1997, public security officials United States-Japan Commission. rebuke for their involvement in the sale of AK– raided the home of the ‘‘underground’’ Bishop (2) The Japan-United States Friendship Act 47 machine guns to California street gangs. of Shanghai, confiscating religious articles and (22 U.S.C. 2901 et seq.) is amended by striking (8) Allegations of the Chinese government’s $2,500 belonging to the church. ‘‘Japan-United States Friendship Commission’’ involvement in our political system may involve (b) It is, therefore, the sense of the Senate each place it appears and inserting ‘‘United both civil and criminal violations of our laws. that— States-Japan Commission’’. (9) The Senate is concerned that China may (1) the government of the People’s Republic of (3) The heading of section 4 of the Japan- violate the 1984 Sino-British Joint Declaration China be urged to release from incarceration all United States Friendship Act (22 U.S.C. 2903) is transferring Hong Kong from British to Chinese those held for participation in religious activi- amended to read as follows: rule by limiting political and economic freedom ties outside the aegis of the official churches, ‘‘UNITED STATES-JAPAN COMMISSION’’. in Hong Kong. and cease prosecuting or detaining those who (c) REVISION OF NAME OF TRUST FUND.— (10) The Senate strongly believes time has participate in such religious activities; (1) The Japan-United States Friendship Trust come to take steps that would signal to Chinese (2) the government of the People’s Republic of Fund is hereby designated as the ‘‘United leaders that religious persecution, human rights China be urged to abolish its present church States-Japan Trust Fund’’. Any reference in abuses, forced abortions, military threats and registration process; any provision of law, Executive order, regula- weapons proliferation, and attempts to influ- (3) the government of the People’s Republic of tion, delegation of authority, or other document ence American elections are unacceptable to the China fully adhere to the religious principles to the Japan-United States Friendship Trust American people. protected by the United Nations Universal Dec- Fund shall be deemed to be a reference to the (11) The United States should signal its dis- laration of Human Rights; and United States-Japan Trust Fund. approval of Chinese government actions through (4) the Administration should raise the United (2)(A) Subsection (a) of section 3 of the Japan- targeted sanctions, while at the same time en- States concerns over the persecution of Protes- United States Friendship Act (22 U.S.C. 2902) is couraging worthwhile economic and cultural ex- tant and Catholic believers with the government amended by striking ‘‘Japan-United States changes that can lead to positive change in of the People’s Republic of China, including at Friendship Trust Fund’’ and inserting ‘‘United China. the proposed state visit by President Jiang States-Japan Trust Fund’’. (b) SENSE OF THE SENATE.—It is the sense of Zemin to the United States, and at other high- (B) The section heading of that section is the Senate that the United States should— level meetings which may take place. amended to read as follows: (1) limit the granting of United States visas to SEC. 1617. SENSE OF CONGRESS REGARDING THE ‘‘UNITED STATES-JAPAN TRUST FUND’’. Chinese government offices who work in entities NORTH ATLANTIC TREATY ORGANI- SEC. 1619. AVIATION SAFETY. the implementation of China’s laws and direc- ZATION. It is the sense of Congress that the need for tives on religious practices and coercive family (a) FINDINGS.—Congress finds the following: cooperative efforts in transportation and avia- planning, and those officials materially involved (1) The West’s victory in the Cold War dra- tion safety be placed on the agenda for the Sum- in the massacre of Chinese students in matically changed the political and national se- mit of the Americas to be held in Santiago, Tiananmen square; curity landscape in Europe. Chile, in March 1998. Since April 1996, when (2) limit United States taxpayer subsidies for (2) The unity, resolve, and strength of the ministers and transportation officials from 23 the Chinese government through multilateral North Atlantic Treaty Organization was the countries in the Western Hemisphere met in development institutions such as the World principal factor behind that victory. Santiago, Chile, in order to develop the Hemi- Bank, Asian Development Bank, and the Inter- (3) The North Atlantic Treaty was signed in spheric Transportation Initiative, aviation safe- national Monetary Fund; April 1949 and created the most successful de- ty and transportation standardization has be- (3) publish a list of all companies owned in fense alliance in history. come an increasingly important issue. The adop- part or wholly by the People’s Liberation Army (4) The President of the United States and tion of comprehensive Hemisphere-wide meas- (PLA) of the Chinese government who export to, leaders of other NATO countries have indicated ures to enhance transportation safety, including or have an office in, the United States; their intention to enlarge alliance membership standards for equipment, infrastructure, and (4) consider imposing targeted sanctions on to include at least three new countries. operations as well as harmonization of regula- NORINCO and POLY by not allowing them to (5) The Senate expressed its approval of the tions relating to equipment, operations, and export to, nor to maintain a physical presence enlargement process by voting 81–16 in favor of transportation safety are imperative. This ini- in, the United States for a period of one year; the NATO Enlargement Facilitation Act of 1996. tiative will increase the efficiency and safety of and (6) The United States is bound by Article Five the current system and consequently facilitate (5) promote democratic values in China by in- of the North Atlantic Treaty to respond to an trade. creasing United States Government funding of attack on any NATO member as it would to an SEC. 1620. SENSE OF THE SENATE ON UNITED Radio Free Asia, the National Endowment for attack on the United States itself. STATES POLICY TOWARD THE PEO- Democracy’s programs in China and existing (7) Although the prospect of NATO member- PLE’S REPUBLIC OF CHINA. student, cultural, and legislative exchange pro- ship has provided the impetus for several coun- (a) FINDINGS.—Congress makes the followings grams between the United States and the Peo- tries to resolve long standing disputes, the North findings: ple’s Republic of China. Atlantic Treaty does not provide for a formal (1) As the world’s leading democracy, the SEC. 1621. SENSE OF THE SENATE ENCOURAGING dispute resolution process by which members United States cannot ignore the Government of PROGRAMS BY THE NATIONAL EN- can resolve differences among themselves with- the People’s Republic of China’s record on DOWMENT FOR DEMOCRACY RE- out undermining Article Five obligations. human rights and religious persecution. GARDING THE RULE OF LAW IN (b) SENSE OF CONGRESS.—It is the sense of (2) According to Amnesty International, ‘‘A CHINA. Congress that the North Atlantic Treaty Orga- fifth of the world’s people are ruled by a govern- (a) FINDINGS.— nization should consider a formal dispute reso- ment that treats fundamental human rights (1) The establishment of the rule of law is a lution process within the Alliance prior to its with contempt. Human rights violations con- necessary prerequisite for the success of demo- December 1997 ministerial meeting. tinue on a massive scale.’’. cratic governance and the respect for human SEC. 1618. JAPAN-UNITED STATES FRIENDSHIP (3) According to Human Rights Watch/Asia re- rights. COMMISSION. ported that: ‘‘Unofficial Christian and Catholic (2) In recent years efforts by the United States (a) RELIEF FROM RESTRICTION OF INTER- communities were targeted by the government and United States-based organizations, includ- CHANGEABILITY OF FUNDS.— during 1996. A renewed campaign aimed at forc- ing the National Endowment for Democracy, (1) Section 6(4) of the Japan-United States ing all churches to register or face dissolution, have been integral to legal training and the pro- Friendship Act (22 U.S.C. 2905(4)) is amended by resulted in beating and harassment of motion of the rule of law in China drawing striking ‘‘needed, except’’ and all that follows congregants, closure of churches, and numerous upon both western and Chinese experience and through ‘‘United States’’ and inserting ‘‘need- arrests, fines, and sentences. In Shanghai, for tradition. ed’’. example, more than 300 house churches or meet- (3) The National Endowment for Democracy (2) The second sentence of section 7(b) of the ing points were closed down by the security au- has already begun to work on these issues, in- Japan-United States Friendship Act (22 U.S.C. thorities in April alone.’’. cluding funding a project to enable independent 2906(b)) is amended to read as follows: ‘‘Such (4) The People’s Republic of China’s compul- scholars in China to conduct research on con- investment may be made only in interest-bearing sory family planning policies include forced stitutional reform issues and the Hong Kong- obligations of the United States, in obligations abortions. China Law Database Network.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5785

(b) SENSE OF THE SENATE.—It is the Sense of ‘‘(B)(i) qualified for refugee processing under (2) CERTIFICATION.—A certification under this the Senate to encourage the National Endow- the reeducation camp internees subprogram of paragraph is a certification by the Secretary of ment for Democracy to expand its activities in the Orderly Departure Program; and State in the fiscal year concerned that the fol- China and Hong Kong on projects which en- ‘‘(ii) on or after April 1, 1995, is accepted— lowing conditions are satisfied: courage the rule of law, including the study and ‘‘(I) for resettlement as a refugee; or (A) ACTION BY THE UNITED NATIONS.—The dissemination of information on comparative ‘‘(II) for admission as an immigrant under the United Nations— constitutions, federalism, civil codes of law, civil Orderly Departure Program.’’. (i) has met the requirements of paragraphs (1) and penal code reform, legal education, freedom DIVISION C—UNITED NATIONS REFORM through (6) of section 401(b) of the Foreign Re- lations Authorization Act, Fiscal Years 1994 and of the press, and contracts. TITLE XX—GENERAL PROVISIONS 1995 (22 U.S.C. 287e note); and SEC. 1622. CONCERNING THE PALESTINIAN AU- SEC. 2001. SHORT TITLE. (ii) has established procedures that require the THORITY. This division may be cited as the ‘‘United Na- Under Secretary General of the Office of Inter- (a) Congress finds that: tions Reform Act of 1997’’. nal Oversight Service to report directly to the (1) The Palestinian Authority Justice Minister SEC. 2002. DEFINITIONS. Secretary General on the adequacy of the Of- Freih Abu Medein announced in April 1997 that In this division: fice’s resources to enable the Office to fulfill its anyone selling land to Jews was committing a (1) APPROPRIATE CONGRESSIONAL COMMIT- mandate. crime punishable by death. TEES.—The term ‘‘appropriate congressional (B) ACTION BY OIOS.—The Office of Internal (2) Since this announcement, three Palestin- committees’’ means the Committee on Foreign Oversight Services has authority to audit, in- ians were allegedly murdered in the Jerusalem Relations and the Committee on Appropriations spect, or investigate each program, project, or and Ramallah areas for selling real estate to of the Senate and the Committee on Inter- activity funded by the United Nations, and each Jews. national Relations and the Committee on Appro- executive board created under the United Na- (3) Israeli police managed to foil the attempted priations of the House of Representatives. tions has been notified, in writing, of that au- abduction of a fourth person. (2) DESIGNATED SPECIALIZED AGENCY DE- thority. (4) Israeli security services have acquired evi- FINED.—In this section, the term ‘‘designated (d) PROHIBITION ON CERTAIN GLOBAL CON- dence indicating that the intelligence services of specialized agency’’ refers to the International FERENCES.—Funds made available under sub- the Palestinian Authority were directly involved Labor Organization, the World Health Organi- section (a) shall be withheld from disbursement in at least two of these murders. zation, and the Food and Agriculture Organiza- until the Secretary of State certifies to Congress (5) Subsequent statements by high-ranking tion. that the United States has not contributed any Palestinian Authority officials have justified (3) SECRETARY GENERAL.—The term ‘‘Sec- funds authorized to be appropriated in sub- these murders, further encouraging this intoler- retary General’’ means the Secretary General of section (a) to pay for any expenses related to able policy. the United Nations. the holding of a United Nations Global Con- (b) It is the sense of the Congress that— (4) UNITED NATIONS MEMBER.—The term ference. (1) the Secretary of State should thoroughly ‘‘United Nations member’’ means any country (e) REDUCTION IN NUMBER OF POSTS.— investigate the Palestinian Authority’s role in that is a member of the United Nations. (1) FISCAL YEAR 1998.—Of the funds appro- any killings connected with this policy and (5) UNITED NATIONS PEACE OPERATION.—The priated for fiscal year 1998 for the United Na- should immediately report its findings to the term ‘‘United Nations peace operation’’ means tions pursuant to subsection (a), $50,000,000 Congress; any United Nations-led peace operation paid for shall be withheld from disbursement until the (2) the Palestinian Authority, with Yasser from the assessed peacekeeping budget and au- Secretary of State certifies to Congress that the Arafat as its chairman, must immediately issue thorized by the Security Council. number of posts established under the 1998–99 a public and unequivocal statement denouncing SEC. 2003. NONDELEGATION OF CERTIFICATION regular budget of the United Nations and au- these acts and reversing this policy; REQUIREMENTS. thorized by the General Assembly has been re- (3) this policy is an affront to all those who The Secretary of State may not delegate the duced by at least 1,000 posts from those author- place high value on peace and basic human authority in this division to make any certifi- ized by the 1996–97 biennium, as a result of a rights; and cation. suppression of that number of posts. (4) the United States should renew the provi- (2) FISCAL YEAR 1999.—Of the funds appro- TITLE XXI—AUTHORIZATION OF sion of assistance to the Palestinian Authority priated for fiscal year 1999 for the United Na- APPROPRIATIONS in light of this policy. tions, pursuant to subsection (a), $50,000,000 SEC. 2101. ASSESSED CONTRIBUTIONS TO THE SEC. 1623. AUTHORIZATION OF APPROPRIATIONS shall be withheld from disbursement until the UNITED NATIONS AND AFFILIATED FOR FACILITIES IN BEIJING AND Secretary of State certifies to Congress that the ORGANIZATIONS. SHANGHAI. 1998–99 United Nations budget contains a va- (a) AUTHORIZATION OF APPROPRIATIONS.— Of the amounts authorized to be appropriated cancy rate of not less than 5 percent for profes- There are authorized to be appropriated under pursuant to section 1101 in this Act, up to sional staff and not less than 2.5 percent for the heading ‘‘Assessed Contributions to Inter- $90,000,000 are authorized to be appropriated for general services staff. national Organizations’’ $938,000,000 for the fis- the renovation, acquisition and construction of (f) PROHIBITION ON FUNDING ORGANIZATIONS cal year 1998 and $900,000,000 for the fiscal year housing and secure diplomatic facilities at the OTHER THAN UNITED NATIONS.—None of the 1999 for the Department of State to carry out the United States Embassy in Beijing and the funds made available under subsection (a) shall authorities, functions, duties, and responsibil- United States Consulate in Shanghai, People’s be available for disbursement until the Secretary ities in the conduct of the foreign affairs of the Republic of China. of State certifies to Congress that no portion of United States with respect to international orga- the United States contribution will be used to SEC. 1624. ELIGIBILITY FOR REFUGEE STATUS. nizations and to carry out other authorities in Section 584 of the Foreign Operations, Export fund any other organization other than the law consistent with such purposes. Of the funds United Nations out of the United Nations reg- Financing, and Related Programs Appropria- made available under this subsection $3,000,000 tions Act, 1997 (Public Law 104–208; 110 Stat. ular budget, including the Framework Conven- for the fiscal year 1998 and $3,000,000 for the fis- tion on Global Climate Change and the Inter- 3009–171) is amended— cal year 1999 are authorized to be appropriated (1) in subsection (a)— national Seabed Authority. only for a United States contribution to the (g) LIMITATION.— (A) by striking ‘‘For purposes’’ and inserting United Nations Voluntary Fund for Victims of (1) IN GENERAL.—The total amount of funds ‘‘Notwithstanding any other provision of law, Torture. made available for all United States member- for purposes’’; and (b) NO GROWTH BUDGET.—Of the funds made ships in international organizations under the (B) by striking ‘‘fiscal year 1997’’ and insert- available under subsection (a), $80,000,000 may heading ‘‘Assessed Contributions to Inter- ing ‘‘fiscal years 1997 and 1998’’; and be made available during each fiscal year only national Organizations’’ may not exceed (2) by amending subsection (b) to read as fol- on a semi-annual basis and only after the Sec- $900,000,000 for each of fiscal years 1999 and lows: retary of State certifies on a semi-annual basis 2000. ‘‘(b) ALIENS COVERED.— that the United Nations has taken no action (h) FOREIGN CURRENCY EXCHANGE RATES.— ‘‘(1) IN GENERAL.— An alien described in this during the preceding six months to increase (1) AUTHORIZATION OF APPROPRIATIONS.—In subsection is an alien who— funding for any United Nations program with- addition to amounts authorized to be appro- ‘‘(A) is the son or daughter of a qualified na- out identifying an offsetting decrease during priated by subsection (a), there are authorized tional; that six month period elsewhere in the United to be appropriated such sums as may be nec- ‘‘(B) is 21 years of age or older; and Nations budget of $2,533,000,000 and cause the essary for each of fiscal years 1998 and 1999 to ‘‘(C) was unmarried as of the date of accept- United Nations to exceed its budget for the bien- offset adverse fluctuations in foreign currency ance of the alien’s parent for resettlement under nium 1998–99 adopted in December 1997. exchange rates. the Orderly Departure Program. (c) INSPECTOR GENERAL OF THE UNITED NA- (2) AVAILABILITY OF FUNDS.—Amounts appro- ‘‘(2) QUALIFIED NATIONAL.—For purposes of TIONS.— priated under this subsection shall be available paragraph (1), the term ‘qualified national’ (1) WITHHOLDING OF FUNDS.—Twenty percent for obligation and expenditure only to the ex- means a national of Vietnam who— of the funds made available in each fiscal year tent that the Director of the Office of Manage- ‘‘(A)(i) was formerly interned in a reeducation under subsection (a) for the assessed contribu- ment and Budget determines and certifies to camp in Vietnam by the Government of the So- tion of the United States to the United Nations Congress that such amounts are necessary due cialist Republic of Vietnam; or shall be withheld from obligation and expendi- to such fluctuations. ‘‘(ii) is the widow or widower of an individual ture until a certification is made under para- (i) REFUND OF EXCESS CONTRIBUTIONS.—The described in clause (i); and graph (2). United States shall continue to insist that the

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5786 CONGRESSIONAL RECORD — SENATE June 17, 1997 United Nations and its specialized and affiliated ‘‘(i) A list of all resolutions of the United Na- ‘‘(C) the mandate of which is to be changed so agencies shall establish and implement a proce- tions Security Council anticipated to be voted that the operation would be engaged in signifi- dure to credit or refund to each member of the on during such month that would extend or cant additional or different functions. agency concerned its proportionate share of the change the mandate of any United Nations ‘‘(5) NOTIFICATION AND QUARTERLY REPORTS amount by which the total contributions to the peacekeeping operation. REGARDING UNITED STATES ASSISTANCE.— agency exceed the expenditures of the regular ‘‘(ii) For each such operation, any changes in ‘‘(A) NOTIFICATION OF CERTAIN ASSISTANCE.— assessed budgets of these agencies. the duration, mandate, and command and con- ‘‘(i) IN GENERAL.—The President shall notify SEC. 2102. UNITED NATIONS POLICY ON ISRAEL trol arrangements that are anticipated as a re- the designated congressional committees at least AND THE PALESTINIANS. sult of the adoption of the resolution. 15 days before the United States provides any (a) CONGRESSIONAL STATEMENT.—It shall be ‘‘(iii) An estimate of the total cost to the assistance to the United Nations to support the policy of the United States to promote an United Nations of each such operation for the peacekeeping operations. end to the persistent inequity experienced by period covered by the resolution, and an esti- ‘‘(ii) EXCEPTION.—This subparagraph does not Israel in the United Nations whereby Israel is mate of the amount of that cost that will be as- apply to— the only longstanding member of the organiza- sessed to the United States. ‘‘(I) assistance having a value of less than tion to be denied acceptance into any of the ‘‘(iv) Any anticipated significant changes in $3,000,000 in the case of nonreimbursable assist- United Nation’s regional blocs. United States participation in or support for ance or less than $14,000,000 in the case of reim- (b) POLICY ON ABOLITION OF CERTAIN UNITED each such operation during the period covered bursable assistance; or NATIONS GROUPS.—It shall be the policy of the by the resolution (including the provision of fa- ‘‘(II) assistance provided under the emergency United States to seek abolition of certain United cilities, training, transportation, communica- drawdown authority of sections 506(a)(1) and Nations groups the existence of which is inim- tion, and logistical support, but not including 552(c)(2) of the Foreign Assistance Act of 1961 ical to the ongoing Middle East peace process, intelligence activities reportable under title V of (22 U.S.C. 2318(a)(1) and 2348a(c)(2)). those groups being the Special Committee to In- the National Security Act of 1947 (50 U.S.C. 413 ‘‘(B) QUARTERLY REPORTS.— vestigate Israeli Practices Affecting the Human et seq.)) and the estimated costs to the United ‘‘(i) IN GENERAL.—The President shall submit Rights of the Palestinian People and other States of such changes. quarterly reports to the designated congres- Arabs of the Occupied Territories; the Com- ‘‘(B) With respect to each new United Nations sional committees on all assistance provided by mittee on the Exercise of the Inalienable Rights peacekeeping operation that is anticipated to be the United States during the preceding calendar of the Palestinian People; the Division for the authorized by a Security Council resolution dur- quarter to the United Nations to support peace- Palestinian Rights; and the Division on Public ing such month, the following information for keeping operations. Information on the Question of Palestine. the period covered by the resolution: ‘‘(ii) MATTERS INCLUDED.—Each report under (c) CONSULTATIONS WITH CONGRESS.—Not later ‘‘(i) The anticipated duration, mandate, the this subparagraph shall describe the assistance than 90 days after the date of the enactment of command and control arrangements of such op- provided for each such operation, listed by cat- this Act and on a semi-annual basis thereafter, eration, the planned exit strategy, and the vital egory of assistance. ‘‘(iii) FOURTH QUARTER REPORT.—The report the Secretary of State shall consult with the ap- national interest to be served. under this subparagraph for the fourth calendar propriate congressional committees (in classified ‘‘(ii) An estimate of the total cost to the quarter of each year shall be submitted as part or unclassified form as appropriate) on— United Nations of the operation, an estimate of of the annual report required by subsection (d) (1) actions taken by representatives of the the amount of that cost that will be assessed to and shall include cumulative information for United States to encourage the nations of the the United States, and a notice of intent to sub- the preceding calendar year. Western Europe and Others Group (WEOG) to mit a reprogramming of funds to cover that cost. ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT- accept Israel into their regional bloc; ‘‘(iii) A description of the functions that TEES.—In this section, the term ‘designated con- (2) specific responses received by the Secretary would be performed by any United States Armed gressional committees’ means the Committee on of State from each of the nations of the Western Forces participating in or otherwise operating in Foreign Relations and the Committee on Appro- Europe and Others Group (WEOG) on their po- support of the operation, an estimate of the priations of the Senate and the Committee on sition concerning Israel’s acceptance into their number of members of the Armed Forces that International Relations and the Committee on organization; will participate in or otherwise operate in sup- Appropriations of the House of Representa- (3) other measures being undertaken, and port of the operation, and an estimate of the tives.’’. which will be undertaken, to ensure and pro- cost to the United States of such participation (2) CONFORMING REPEAL.—Subsection (a) of mote Israel’s full and equal participation in the or support. section 407 of the Foreign Relations Authoriza- United Nations; and ‘‘(iv) A description of any other United States tion Act, Fiscal Years 1994 and 1995 (Public Law (4) steps taken by the United States to secure assistance to or support for the operation (in- 103–236; 22 U.S.C. 287b note; 108 Stat. 448) is re- abolition by the United Nations of groups under cluding the provision of facilities, training, pealed. subsection (b). transportation, communication, and logistical (c) RELATIONSHIP TO OTHER NOTICE REQUIRE- SEC. 2103. ASSESSED CONTRIBUTIONS FOR support, but not including intelligence activities MENTS.—Section 4 of the United Nations Partici- INTERNATIONAL PEACEKEEPING AC- reportable under title V of the National Security TIVITIES. pation Act of 1945, as amended by subsection Act of 1947 (50 U.S.C. 413 et seq.)) and an esti- (a) AUTHORIZATION OF APPROPRIATIONS.— (c), is further amended by adding at the end the mate of the cost to the United States of such as- There are authorized to be appropriated under following: sistance or support. the heading ‘‘Assessed Contributions for Inter- ‘‘(g) RELATIONSHIP TO OTHER NOTIFICATION ‘‘(3) FORM AND TIMING OF INFORMATION.— national Peacekeeping Activities’’ $200,000,000 REQUIREMENTS.—Nothing in this section is in- ‘‘(A) FORM.—The President shall submit in- for the fiscal year 1998 and $205,000,000 for the tended to alter or supersede any notification re- formation under clauses (i) and (iii) of para- fiscal year 1999 for the Department of State to quirement with respect to peacekeeping oper- graph (2)(A) in writing. carry out the authorities, functions, duties, and ations that is established under any other provi- ‘‘(B) TIMING.— responsibilities in the conduct of the foreign af- sion of law.’’. ‘‘(i) IN GENERAL.—The information required fairs of the United States with respect to inter- SEC. 2104. DATA ON COSTS INCURRED IN SUP- under paragraph (2)(A) for a month shall be national peacekeeping activities and to carry PORT OF UNITED NATIONS PEACE out other authorities in law consistent with submitted not later than the 10th day of the AND SECURITY OPERATIONS. such purposes. month. Chapter 6 of part II of the Foreign Assistance (b) CODIFICATION OF REQUIRED NOTICE OF ‘‘(ii) PARTICULAR INFORMATION.—The infor- Act of 1961 (22 U.S.C. 2348 et seq.) is amended by PROPOSED UNITED NATIONS PEACEKEEPING OP- mation required under paragraph (2)(B) shall be adding at the end the following: submitted in writing not less than 15 days before ERATIONS.— ‘‘SEC. 555. DATA ON COSTS INCURRED IN SUP- (1) CODIFICATION.—Section 4 of the United the anticipated date of the vote on the resolu- PORT OF UNITED NATIONS PEACE Nations Participation Act of 1945 (22 U.S.C. tion concerned or, if a 15-day advance submis- AND SECURITY OPERATIONS. 287b) is amended— sion is not practicable, in as far advance of the ‘‘(a) UNITED STATES COSTS.—The United (A) in subsection (a), by striking the second vote as is practicable. States shall annually provide to the Secretary sentence; ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP- General of the United Nations data regarding (B) by striking subsection (e); and ERATION DEFINED.—As used in paragraph (2), all costs incurred by the United States in sup- (C) by adding after subsection (d) the fol- the term ‘new United Nations peacekeeping op- port of all United Nations authorized operations lowing new subsections: eration’ includes any existing or otherwise on- in support of international peace and security. ‘‘(e) CONSULTATIONS AND REPORTS ON UNITED going United Nations peacekeeping operation— ‘‘(b) UNITED NATIONS MEMBER COSTS.—The NATIONS PEACEKEEPING OPERATIONS.— ‘‘(A) in the case of an operation in existence, United States shall request that the United Na- ‘‘(1) CONSULTATIONS.—Each month the Presi- where the authorized force strength is to be ex- tions compile and publish information con- dent shall consult with Congress on the status panded by more than 15 percent in an operation cerning costs incurred by United Nations mem- of United Nations peacekeeping operations. of less than 200 military or police personnel, or bers in support of such operations.’’. ‘‘(2) INFORMATION TO BE PROVIDED.—In con- 10 percent in an operation of more than 200 mili- SEC. 2105. REIMBURSEMENT FOR GOODS AND nection with such consultations, the following tary or police personnel during the period cov- SERVICES PROVIDED BY THE information shall be provided each month to the ered by the Security Council resolution; UNITED STATES TO THE UNITED NA- designated congressional committees: ‘‘(B) that is to be authorized to operate in a TIONS. ‘‘(A) With respect to ongoing United Nations country in which it was not previously author- (a) REQUIREMENT TO OBTAIN REIMBURSE- peacekeeping operations, the following: ized to operate; or MENT.—

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5787

(1) IN GENERAL.—Except as provided in para- sistance covered by this section, subsection (a) payment of arrearages owed by the United graph (2), the President shall seek and obtain a shall apply to the furnishing of the assistance States to the United Nations and its specialized commitment from the United Nations to provide if, not later than 15 calendar days after receipt agencies as of September 30, 1997— reimbursement to the United States from the of a notification under that paragraph, the (1) $100,000,000 for fiscal year 1998; United Nations in a timely fashion whenever the Congress enacts a joint resolution disapproving (2) $475,000,000 for fiscal year 1999; and United States Government furnishes assistance the determination of the President contained in (3) $244,000,000 for fiscal year 2000. pursuant to the provisions of law described in the notice. (b) LIMITATION.—Amounts made available subsection (c)— (3) SENATE PROCEDURES.—Any joint resolution under subsection (a) are authorized to be avail- (A) to the United Nations; described in paragraph (2) shall be considered in able only— (B) for any United Nations peacekeeping op- the Senate in accordance with the provisions of (1) to pay the United States share of assess- eration that is authorized by the United Nations section 601(b) of the International Security As- ments for the regular budget of the United Na- Security Council under Chapter VI or Chapter sistance and Arms Export Control Act of 1976. tions (excluding the budgets of the United Na- VII of the United Nations Charter and paid for (e) RELATIONSHIP TO OTHER REIMBURSEMENT tions specialized agencies); by peacekeeping or regular budget assessment of AUTHORITY.—Nothing in this section shall pre- (2) to pay the United States share of United the United Nations members; or clude the President from seeking reimbursement Nations peace operations; (C) to any country participating in any oper- for assistance covered by this section that is in (3) to pay the United States share of United ation authorized by the United Nations Security addition to the reimbursement sought for the as- Nations specialized agencies; and Council under Chapter VI or Chapter VII of the sistance under in subsection (a). (4) to pay the United States share of other United Nations Charter and paid for by peace- (f) DEFINITION.—In this section, the term ‘‘as- international organizations. keeping assessments of United Nations members sistance’’ includes personnel, services, supplies, (c) AVAILABILITY OF FUNDS.—Amounts appro- when the assistance is designed to facilitate or equipment, facilities, and other assistance, pro- priated pursuant to subsection (a) are author- assist the participation of that country in the vided by the United States Department of De- ized to remain available until expended. operation. fense or any other United States Government (d) STATUTORY CONSTRUCTION.—For purposes (2) EXCEPTION.—The requirement in para- agency. of payments made pursuant to subsection (a), graph (1) shall not apply to— SEC. 2106. RESTRICTION ON UNITED STATES section 404(b)(2) of the Foreign Relations Au- (A) expenses incurred by the United States for FUNDING FOR UNITED NATIONS thorization Act, Fiscal Years 1994 and 1995 the direct benefit of the United States Armed PEACE OPERATIONS. (Public Law 103–236) shall not apply to United Forces; The President shall withhold from disburse- Nations peace operation assessments received by (B) assistance having a value of less than ment for any United Nations peace operation es- the United States prior to October 1, 1995. $3,000,000 per fiscal year per operation; or tablished after the date of enactment of this Act SEC. 2202. DISBURSEMENT OF FUNDS. (C) assistance furnished before the date of en- the United States proportionate share of any (a) IN GENERAL.—Funds made available pur- actment of this Act. amount made available to that operation out of suant to section 2201 may be disbursed only if (3) FORM AND AMOUNT.— the regular budget of the United Nations, unless the requirements of subsections (b) and (c) of (A) AMOUNT.—The amount of any reimburse- the President determines, and so notifies the ap- this section are satisfied. ment under this subsection shall be determined propriate congressional committees, that fund- (b) DISBURSEMENTS UPON SATISFACTION OF at the usual rate established by the United Na- ing such a United Nations peace operation CERTIFICATION REQUIREMENTS.—Funds made tions. serves an important national security interest of available pursuant to section 2201 may be dis- (B) FORM.—Reimbursement under this sub- the United States. bursed only in the following allotments and section may include credits against the United SEC. 2107. UNITED STATES POLICY REGARDING upon the following certifications: States assessed contributions for United States UNITED NATIONS PEACEKEEPING (1) Amounts authorized to be appropriated for peacekeeping operations, if the expenses in- MISSIONS. fiscal year 1998, upon the certification described curred by any United States department or It shall be the policy of the United States— in section 2211. (1) to ensure that major peacekeeping oper- agency providing the assistance have first been (2) Amounts authorized to be appropriated for ations (in general, those comprised of more than reimbursed. fiscal year 1999, upon the certification described 10,000 troops) authorized by the United Nations (b) TREATMENT OF REIMBURSEMENTS.— in section 2221. Security Council under Chapter VII of the (1) CREDIT.—The amount of any reimburse- (3) Amounts authorized to be appropriated for United Nations Charter (or missions such as the ment paid the United States under subsection fiscal year 2000, upon the certification described United Nations Protection Force (UNPROFOR)) (a) shall be credited to the current applicable in section 2231. are undertaken by a competent regional organi- appropriation, fund, or account of the United (c) ADVANCE CONGRESSIONAL NOTIFICATION.— States department or agency providing the as- zation such as NATO or a multinational force, Funds made available pursuant to section 2201 sistance for which the reimbursement is paid. and not established as a peacekeeping operation may be disbursed only if the appropriate certifi- (2) AVAILABILITY.—Amounts credited under under United Nations operational control which cation has been submitted to Congress 30 days paragraph (1) shall be merged with the appro- would be paid for by assessment of United Na- prior to the payment of funds to the United Na- priations, or with appropriations in the fund or tions members; and tions or its specialized agencies. (2) to consider, on a case-by-case basis, account, to which credited and shall be avail- (d) TRANSMITTAL OF CERTIFICATIONS.—Certifi- whether it is in the national interest of the able for the same purposes, and subject to the cations made under this chapter shall be trans- United States to agree that smaller peacekeeping same conditions and limitations, as the appro- mitted by the Secretary of State to the appro- operations authorized by the United Nations Se- priations with which merged. priate congressional committees. (c) COVERED ASSISTANCE.—Subsection (a) as- curity Council under Chapter VII of the United sistance provided under the following provisions Nations Charter and paid for by assessment of Subchapter B—United States Sovereignty of law: United Nations members (such as the United SEC. 2211. CERTIFICATION REQUIREMENTS. (1) Sections 6 and 7 of the United Nations Nations Transitional Authority in Slavonia (a) CONTENTS OF CERTIFICATION.—A certifi- Participation Act of 1945. (UNTAES)) should be established as peace- cation described in this section is a certification (2) Sections 451, 506(a)(1), 516, 552(c), and 607 keeping operations under United Nations oper- by the Secretary of State that the following con- of the Foreign Assistance Act of 1961. ational control which would be paid for by as- ditions are satisfied: (3) Any other provisions of law pursuant to sessment of United Nations members. (1) CONTESTED ARREARAGES.—The United Na- which assistance is provided by the United SEC. 2108. ORGANIZATION OF AMERICAN STATES. tions has established an account or other appro- States to carry out the mandate of an assessed Taking into consideration the long-term com- priate mechanism with respect to all United United Nations peacekeeping operation. mitment by the United States to the affairs of States arrearages incurred before the date of en- (d) WAIVER.— this hemisphere and the need to build further actment of this Act with respect to which pay- (1) AUTHORITY.— upon the linkages between the United States ments are not authorized by this Act, and the (A) IN GENERAL.—The President may author- and its neighbors, it is the sense of the Congress failure to pay amounts specified in the account ize the furnishing assistance covered by this sec- that the Secretary of State should make every do not affect the application of Article 19 of the tion without regard to subsection (a) if the effort to pay the United States assessed funding Charter of the United Nations. The account es- President determines, and so notifies in writing levels for the Organization of American States, tablished under this paragraph may be referred the Committee on Foreign Relations of the Sen- which is uniquely dependent on United States to as the ‘‘contested arrearages account’’. ate and the Speaker of the House of Representa- contributions and is continuing fundamental re- (2) SUPREMACY OF THE UNITED STATES CON- tives, that to do so is important to the security forms in its structure and its agenda. STITUTION.—No action has been taken on or interests of the United States. TITLE XXII—ARREARS PAYMENTS AND after October 1, 1996, by the United Nations or (B) CONGRESSIONAL NOTIFICATION.—Before ex- REFORM any of its specialized or affiliated agencies that ercising the authorities of subparagraph (A), the requires the United States to violate the United CHAPTER 1—ARREARAGES TO THE President shall notify the appropriate congres- States Constitution or any law of the United UNITED NATIONS sional committees in accordance with the proce- States. dures applicable to reprogramming notifications Subchapter A—Authorization of (3) NO UNITED NATIONS SOVEREIGNTY.—Neither under section 634A of the Foreign Assistance Appropriations; Disbursement of Funds the United Nations nor any of its specialized or Act of 1961. SEC. 2201. AUTHORIZATION OF APPROPRIATIONS. affiliated agencies— (2) CONGRESSIONAL REVIEW.—Notwithstanding (a) IN GENERAL.—There are authorized to be (A) has exercised sovereignty over the United a notice under paragraph (1) with respect to as- appropriated to the Department of State for States; or

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5788 CONGRESSIONAL RECORD — SENATE June 17, 1997

(B) has taken any steps that require the (b) CONDITIONS.—The conditions under this (3) NEW BUDGET PROCEDURES FOR THE UNITED United States to cede sovereignty. subsection are the following: NATIONS.—The United Nations has established (4) NO UNITED NATIONS TAXATION.— (1) LIMITATION ON ASSESSED SHARE OF REG- and is implementing budget procedures that— (A) NO LEGAL AUTHORITY.—Except as pro- ULAR BUDGET.—The share of the total of all as- (A) require the maintenance of a budget not vided in subparagraph (D), neither the United sessed contributions for the regular budget of in excess of the level agreed to by the General Nations nor any of its specialized or affiliated the United Nations, or any designated special- Assembly at the beginning of each United Na- agencies has the authority under United States ized agency of the United Nations, does not ex- tions budgetary biennium, unless increases are law to impose taxes or fees on United States na- ceed 22 percent for any single United Nations agreed to by consensus; and tionals. member. (B) require the systemwide identification of (B) NO TAXES OR FEES.—Except as provided in (2) LIMITATION ON ASSESSED SHARE OF BUDGET expenditures by functional categories such as subparagraph (D), a tax or fee has not been im- FOR PEACE OPERATIONS.—The assessed share of personnel, travel, and equipment. posed on any United States national by the the budget for each assessed United Nations (4) SUNSET POLICY FOR CERTAIN UNITED NA- United Nations or any of its specialized or affili- peace operation does not exceed 25 percent for TIONS PROGRAMS.— ated agencies. any single United Nations member. (A) EXISTING AUTHORITY.—The Secretary Gen- (C) NO TAXATION PROPOSALS.—Except as pro- (3) TRANSFER OF REGULAR BUDGET-FUNDED eral and the Director General of each des- vided in subparagraph (D), neither the United PEACE OPERATIONS.—The mandates of the ignated specialized agency have used their exist- Nations nor any of its specialized or affiliated United Nations Truce Supervision Organization ing authorities to require program managers agencies has officially approved any formal ef- (UNTSO) and the United Nations Military Ob- within the United Nations Secretariat and the fort to develop, advocate, or promote any pro- server Group in India and Pakistan Secretariats of the designated specialized agen- posal concerning the imposition of a tax or fee (UNMOGIP) are subject to annual review by cies to conduct evaluations of United Nations on any United States national in order to raise members of the Security Council, and are subject programs approved by the General Assembly revenue for the United Nations or any such to the notification requirements pursuant to sec- and of programs of the designated specialized agency. tion 2103(c). agencies in accordance with the standardized (D) EXCEPTION.—This paragraph does not Subchapter D—Budget and Personnel Reform methodology referred to in subparagraph (B). apply to— (B) DEVELOPMENT OF EVALUATION CRITERIA.— (i) fees for publications or other kinds of fees SEC. 2231. CERTIFICATION REQUIREMENTS. (i) UNITED NATIONS.—The Office of Internal that are not tantamount to a tax on United (a) IN GENERAL.—A certification described in Oversight Services has developed a standardized States citizens; or this section is a certification by the Secretary of methodology for the evaluation of United Na- (ii) the World Intellectual Property Organiza- State that the following conditions in subsection tions programs approved by the General Assem- tion. (b) are satisfied. Such certification shall not be bly, including specific criteria for determining (5) NO STANDING ARMY.—The United Nations made by the Secretary if the Secretary deter- the continuing relevance and effectiveness of has not budgeted any funds for, nor taken any mines that any of the conditions set forth in sec- the programs. official steps to develop, create, or establish any tions 2211 and 2221 are no longer valid. (ii) DESIGNATED SPECIALIZED AGENCIES.—Pat- special agreement under Article 43 of the United (b) CONDITIONS.—The conditions under this terned on the work of the Office of Internal Nations Charter to make available to the United subsection are the following: Oversight Services of the United Nations, the in- Nations, on its call, the armed forces of any (1) LIMITATION ON ASSESSED SHARE OF REG- spector general office equivalent of each des- member of the United Nations. ULAR BUDGET.—The share of the total of all as- ignated specialized agency has developed a (6) NO INTEREST FEES.—The United Nations sessed contributions for the regular budget of standardized methodology for the evaluation of has not levied interest penalties against the the United Nations, or any specialized agency of programs of designated specialized agencies, in- United States or any interest on arrearages on the United Nations, does not exceed 20 percent cluding specific criteria for determining the con- the annual assessment of the United States, and for any single United Nations member. tinuing relevance and effectiveness of the pro- from the date of enactment of this Act, neither (2) INSPECTORS GENERAL FOR CERTAIN ORGANI- grams. the United Nations nor its specialized agencies ZATIONS.— (C) PROCEDURES.—The United Nations and have amended their financial regulations or (A) ESTABLISHMENT OF OFFICES.—Each des- each designated specialized agency has estab- taken any other action that would permit inter- ignated specialized agency has established an lished and is implementing procedures— est penalties to be levied against or otherwise independent office of inspector general to con- (i) requiring the Secretary General and the Di- charge the United States any interest on arrear- duct and supervise objective audits, inspections, rector General of the agency, as the case may ages on its annual assessment. and investigations relating to the programs and be, to report on the results of evaluations re- (7) UNITED STATES PROPERTY RIGHTS.—Neither operations of the organization. ferred to in this paragraph, including the iden- the United Nations nor any of its specialized or (B) APPOINTMENT OF INSPECTORS GENERAL.— tification of programs that have met criteria for affiliated agencies has exercised authority or The Director General of each designated special- continuing relevance and effectiveness and pro- control over any United States national park, ized agency has appointed an inspector general, posals to terminate or modify programs that wildlife preserve, monument, or property, nor with the approval of the member states, and have not met such criteria; and has the United Nations nor any of its special- that appointment was made principally on the (ii) authorizing an appropriate body within ized or affiliated agencies implemented plans, basis of the appointee’s integrity and dem- the United Nations or the agency, as the case regulations, programs, or agreements that exer- onstrated ability in accounting, auditing, finan- may be, to review each evaluation referred to in cise control or authority over the private prop- cial analysis, law, management analysis, public this paragraph and report to the General Assem- erty of United States citizens. administration, or investigations. bly on means of improving the program con- (C) ASSIGNED FUNCTIONS.—Each inspector (8) TERMINATION OF BORROWING AUTHORITY.— cerned or on terminating the program. (A) PROHIBITION ON AUTHORIZATION OF EX- general appointed under subparagraph (A) is (D) UNITED STATES POLICY.—It shall be the TERNAL BORROWING.—On or after the date of en- authorized to— policy of the United States to seek adoption by actment of this Act, neither the United Nations (i) make investigations and reports relating to the United Nations of a resolution requiring nor any specialized agency of the United Na- the administration of the programs and oper- that each United Nations program approved by tions has amended its financial regulations to ations of the agency concerned; the General Assembly, and to seek adoption by permit external borrowing. (ii) have access to all records, documents, and each designated specialized agency of a resolu- (B) PROHIBITION OF UNITED STATES PAYMENT other available materials relating to those pro- tion requiring that each program of the agency, OF INTEREST COSTS.—The United States has not grams and operations of the agency concerned; be subject to an evaluation referred to in this paid its share of any interest costs made known and paragraph and have a specific termination date to or identified by the United States Government (iii) have direct and prompt access to any offi- so that the program will not be renewed unless for loans incurred by the United Nations or any cial of the agency concerned. the evaluation demonstrates the continuing rel- specialized agency of the United Nations (D) COMPLAINTS.—Each designated special- evance and effectiveness of the program. through external borrowing. ized agency has procedures in place designed to (E) DEFINITION.—For purposes of this para- protect the identity of, and to prevent reprisals (b) TRANSMITTAL.—The Secretary of State graph, the term ‘‘United Nations program ap- may transmit a certification under subsection against, any staff member making a complaint proved by the General Assembly’’ means a pro- (a) at any time during fiscal year 1998 or there- or disclosing information to, or cooperating in gram approved by the General Assembly of the after if the requirements of the certification are any investigation or inspection by, the inspector United Nations that is administered or funded satisfied. general of the agency. by the United Nations. (E) COMPLIANCE WITH RECOMMENDATIONS.— (5) UNITED NATIONS ADVISORY COMMITTEE ON Subchapter C—Reform of Assessments and Each designated specialized agency has in place ADMINISTRATIVE AND BUDGETARY QUESTIONS.— United Nations Peace Operations procedures designed to ensure compliance with (A) IN GENERAL.—The United States has a SEC. 2221. CERTIFICATION REQUIREMENTS. the recommendations of the inspector general of seat on the United Nations Advisory Committee (a) IN GENERAL.—A certification described in the agency. on Administrative and Budgetary Questions or this section is a certification by the Secretary of (F) AVAILABILITY OF REPORTS.—Each des- the five largest member contributors each have a State that the conditions in subsection (b) are ignated specialized agency has in place proce- seat on the Advisory Committee. satisfied. Such certification shall not be made by dures to ensure that all annual and other rel- (B) DEFINITION.—As used in this paragraph the Secretary if the Secretary determines that evant reports submitted by the inspector general the term ‘‘5 largest member state contributors’’ any of the conditions set forth in section 2211 to the agency are made available to the member means the 5 United Nations member states that, are no longer valid. states without modification. during a United Nations budgetary biennium,

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 6333 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 17, 1997 CONGRESSIONAL RECORD — SENATE S5789 have more total assessed contributions than any SEC. 2242. PROHIBITION ON PAYMENTS RELAT- as was noted at his funeral, many chil- other United Nations member states to the ag- ING TO UNIDO AND OTHER ORGANI- dren today have mothers and fathers ZATIONS FROM WHICH THE UNITED gregate of the United Nations regular budget and sisters and brothers who might and the budget (or budgets) for United Nations STATES HAS WITHDRAWN OR RE- SCINDED FUNDING. otherwise have been forgotten by the peace operations. None of the funds authorized to be appro- (6) NATIONAL AUDITS.—The United Nations world when they disappeared from has in effect procedures providing access by the priated by this title shall be used to pay any ar- their villages. Barry’s life reveals his United States General Accounting Office to rearage for— commitment to keeping families safe United Nations financial data so that the Office (1) the United Nations Industrial Development and together, in his own case and Organization; may perform nationally mandated reviews of around the world. United Nations operations. (2) any costs to merge that organization into the United Nations; Mr. President, I would like to extend (7) PERSONNEL.— to Barry’s wife, Judith, and his sons (A) APPOINTMENT AND SERVICE OF PER- (3) the costs associated with any other organi- SONNEL.—The Secretary General— zation of the United Nations from which the Joel Mark and Adam Benjamin my (i) has established and is implementing proce- United States has withdrawn including the deepest condolences. I am sure I speak dures that ensure that staff employed by the costs of the merger of such organization into the for my colleagues in expressing these United Nations is appointed on the basis of United Nations; or sentiments. He will be greatly missed merit consistent with Article 101 of the United (4) the World Tourism Organization, or any by all of us. other organization with respect to which Con- Nations charter; and Mr. President, I yield the floor. (ii) is enforcing those contractual obligations gress has rescinded funding. requiring worldwide availability of all profes- The PRESIDING OFFICER. The Sen- Mr. HELMS. Mr. President, I move to ator from North Carolina. sional staff of the United Nations to serve and reconsider the vote by which the bill be relocated based on the needs of the United was passed. f Nations. (B) CODE OF CONDUCT.—The General Assem- Mr. FORD. I move to lay that motion THANKING ART RYNEARSON on the table. bly has adopted, and the Secretary General has Mr. HELMS. Mr. President, before we the authority to enforce and is effectively en- The motion to lay on the table was forcing, a code of conduct binding on all United agreed to. wrap things up here today, let me ex- Nations personnel, including the requirement of Mr. SARBANES addressed the Chair. press my appreciation to a very special financial disclosure statements binding on sen- The PRESIDING OFFICER. The Sen- gentleman for his tireless efforts, his ior United Nations personnel and the establish- ator from Maryland. hard work and cheerful disposition ment of rules against nepotism that are binding throughout the entire process of the on all United Nations officials. Mr. SARBANES. Mr. President, what is the parliamentary situation? drafting of the bill just approved by the (C) PERSONNEL EVALUATION SYSTEM.—The Senate. Art Rynearson is legislative United Nations has adopted and is enforcing a The PRESIDING OFFICER. The bill, personnel evaluation system. S. 903, is still pending before the Sen- counsel to the Foreign Relations Com- (D) PERIODIC ASSESSMENTS.—The United Na- ate. mittee, and we have truly overworked tions has established and is implementing a Mr. SARBANES. Mr. President, I ask that gentleman during this year with mechanism to conduct periodic assessments of unanimous consent to proceed for 2 the drafting sessions on the resolution the United Nations payroll to determine total of ratification for the CWC, often last- staffing, and the results of such assessments are minutes as if in morning business. The PRESIDING OFFICER. Without ing until 2 a.m., and when we finished reported in an unabridged form to the General that we called upon Art to help the Assembly. objection, it is so ordered. committee prepare the resolution of (E) REVIEW OF UNITED NATIONS ALLOWANCE f SYSTEM.—The United States has completed a ratification for the CFE Flank Docu- thorough review of the United Nations per- IN MEMORY OF BARRY SKLAR ment. No sooner had we finished that, sonnel allowance system. The review shall in- Mr. SARBANES. Mr. President, I rise than we called upon him to help with clude a comparison to the United States civil today to express my sadness at learn- the State Department legislation, and service, and shall make recommendations to re- Art worked 70-hour weeks for the past duce entitlements to allowances and allowance ing of the passing of Barry Sklar, a long-time staffer on the Senate For- 4 months. Throughout the entire proc- funding levels from the levels in effect on Janu- ess he has been cheerful and exceed- ary 1, 1998. eign Relations Committee, who died (8) REDUCTION IN BUDGET AUTHORITIES AND unexpectedly on Sunday. Barry was ingly helpful. Without him, the process PERSONNEL LEVELS.—The designated specialized well known to a number of Members would not have gone nearly so smooth- agencies have achieved a negative growth budg- and staff who had occasion to work ly. et in the budget for 2000–01 from the 1998–99 bi- with him during the more than a dec- So, to Art Rynearson, all of us say ennium levels of the respective agencies. thanks for everything. (9) NEW BUDGET PROCEDURES AND FINANCIAL ade he served on the professional staff REGULATIONS.—Each designated specialized of the Committee, as an able advisor on f Latin American and Caribbean affairs. agency has established procedures to— MORNING BUSINESS (A) require the maintenance of a budget that In a recommendation for Barry just a does not exceed the level agreed to by the mem- few short months ago, I wrote that he Mr. HELMS. Mr. President, I ask ber states of the organization at the beginning ‘‘demonstrated an in-depth knowledge unanimous consent there now be a pe- of each budgetary biennium, unless increases of the issues and great professionalism riod for the transaction of morning are agreed to by consensus; business with Senators permitted to (B) require the identification of expenditures and integrity in his work.’’ But that by functional categories such as personnel, trav- only describes the qualities that led to speak for up to 5 minutes each. el, and equipment; and his intellectual accomplishments and The PRESIDING OFFICER. Without (C) require approval by the member states of career success. It does not begin to tell objection, it is so ordered. the organization of supplemental budget re- why Barry won the personal admira- f quests to the Secretariat in advance of expendi- tion, friendship and esteem of all who tures under those requests. came to know him. THE VERY BAD DEBT BOXSCORE CHAPTER 2—MISCELLANEOUS Barry Sklar was a warm, gentle, kind Mr. HELMS. Mr. President, at the PROVISIONS and unassuming man who was devoted close of business yesterday, Monday, SEC. 2241. STATUTORY CONSTRUCTION ON RELA- TION TO EXISTING LAWS. to upholding moral principles in his June 16, 1997, the Federal debt stood at Except as otherwise specifically provided, work and his personal life. Despite his $5,355,412,554,888.33. (Five trillion, three nothing in this title may be construed to make involvement in issues and policies that hundred fifty-five billion, four hundred available funds in violation of any provision of made frequent headlines, Barry main- twelve million, five hundred fifty-four law containing a specific prohibition or restric- tained a sense of modesty and great hu- thousand, eight hundred eighty-eight tion on the use of the funds, including section mility. He never forgot that his family dollars and thirty-three cents.) 114 of the Department of State Authorization came first. Five years ago, June 16, 1992, the Fed- Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e Throughout the turbulent decade of eral debt stood at $3,945,016,000,000. note) and section 151 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 the 1980’s for Latin America, Barry (Three trillion, nine hundred forty-five (22 U.S.C. 287e note), and section 404 of the For- worked for peace and conflict resolu- billion, sixteen million.) eign Relations Authorization Act, Fiscal Years tion through international coopera- Ten years ago, June 16, 1987, the Fed- 1994 and 1995 (22 U.S.C. 287e note). tion. Due to his work on human rights, eral debt stood at $2,293,493,000,000.

VerDate Mar 15 2010 22:15 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S17JN7.REC S17JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY