S 13920 CONGRESSIONAL RECORD — SENATE September 20, 1995 Mr. FORD. Mr. President, the distin- Lord knows how they are going to get The PRESIDING OFFICER. The Sen- guished Senator from New Jersey and I it without an act of Congress. The con- ator from New York [Mr. D’AMATO], is are friends, and we disagree in some re- stitutional question on first amend- recognized. spects on this one particular item. One ment rights—they have sent the law- f point I would like to make to the dis- yers from the manufacturers and ad- tinguished Senator is that I have made vertising groups all to the courts the FOREIGN OPERATIONS, EXPORT an extra effort to put forward legisla- same day. So that will be in the courts FINANCING, AND RELATED PRO- tion that would do what he wants to for years and years and years. GRAMS APPROPRIATIONS ACT, do. He does not have any penalty in So what is happening here, if we can 1996 what he is talking about. Under my pass my legislation we can get to the The Senate continued with the con- bill, if it was law, those clerks would root of the problem. We banned adver- sideration of the bill. have a penalty. It would be a double tising around schools. We banned the Mr. D’AMATO. Mr. President, I ask if penalty. And I think we would stop use of tobacco in movies. We banned the pending amendment has not been them. At least they would think before the use of tobacco of any form in vid- set aside, the Brown amendment be set they would sell to possible underage eos or amusement areas. But we do not aside for purposes of my offering an people, or teenagers. say that an adult does not have a amendment, at which time the amend- So, what we have attempted to do choice. ment will recur. here is not move in and tell an adult— So what we are getting ready to do The PRESIDING OFFICER. Without make a decision for him. As I said ear- here, in the guise of protecting teen- objection, it is so ordered. lier, one of the things we pride our- agers, is to go to prohibition. That is AMENDMENT NO. 2709 selves in is to try to keep Big Brother my problem. I am trying to be helpful. (Purpose: To limit Economic Support Fund out of our business. Senator after Sen- I am trying my best to be helpful. If he assistance to Turkey, and for other purposes) ator after Senator has stood on this was in my place, I think he would be floor and fussed about FDA. They are Mr. D’AMATO. Mr. President, I send doing the same thing. But he says he is an amendment to the desk and ask for not completing their business. They not and I understand that. are not getting the job done. They are its immediate consideration. But rights are rights. When you be- The PRESIDING OFFICER. The not approving drugs for the elderly. come of age you have a right to make clerk will report. They are not doing all this. I can go a choice in this country. Let us stop The bill clerk read as follows: back and give you page after page after them under 18. I am for that, and my The Senator from New York [Mr. page. legislation will do that. If we just get a Now they want to take on this huge D’AMATO], for himself, Mr. PRESSLER, Mr. little help, instead of delaying the im- SARBANES, and Ms. Snowe, proposes an responsibility, additional responsibil- plementation of this law—I think we amendment numbered 2709. ity. And we already have the mecha- ought to go ahead and pass it so we can Mr. D’AMATO. Mr. President, I ask nism to do it: The Federal Trade Com- stop, sooner than later, teenage smok- unanimous consent that reading of the mission and Health and Human Serv- ing in this country. amendment be dispensed with. ices. We already have the vehicle. Why The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without create another bureaucracy? And why ator from New Jersey. objection, it is so ordered. should I tax you, indirectly, and say, Mr. LAUTENBERG. Mr. President, in The amendment is as follows: ‘‘You give me money so I can put you just a couple of minutes, one of the out of business.’’ They want $150 mil- At the appropriate place in the bill, insert things that happens to us occasionally the following: lion a year. My distinguished friend from New on this floor is that we have to argue LIMITATION ON ASSISTANCE TO TURKEY Jersey is proud of the fact that he took with friends for whom we have respect SEC. . Not more than $21,000,000 of the a small business and built it into a and admiration because we disagree. I funds appropriated in this Act under the very large business. But if Government must give the distinguished Senator heading ‘‘Economic Support Fund’’ may be from Kentucky credit because he has made available to the Government of Tur- had said to him, ‘‘Give me money so we key. can put you out of business,’’ I do not worked cooperatively to try to reduce the exposure for young people to to- On page 11, line 10, before the period at the believe the Senator would have liked end of the line, insert the following: ‘‘: Pro- that a bit. bacco, recognizing along the way, obvi- vided further, That $10,000,000 of the funds He will say there is a difference be- ously, the possibility exists that it made available under this heading shall be tween his product and the one we are could be—I do not want to put words in transferred to, and merged with, the follow- discussing here today. That is fine. But his mouth, but his legislative proposal ing accounts in the following amounts: the principle is still the same. So we suggests it could be addictive. So it is $5,000,000 for the Department of the Treas- a long step along the way. I thank him ury, and $5,000,000 for the Department of Jus- take the vending machine law, the tice, to support law enforcement training ac- strongest one in the country, and say and I respect the Senator from Ken- tucky’s legislative perspective here. tivities in foreign countries for the purpose that if you break this law then the of improving the effectiveness of the United States and the principals are fined; I would say that I believe the FDA States in investigating and prosecuting they are double. And we have the involvement is essential to the success transnational offenses’’. mechanism to do it right now. So the of the program of curbing teenage Mr. D’AMATO. Mr. President, I offer constitutional question that we have is smoking. I do appreciate and under- this amendment on behalf of Senator another problem, as to the content of stand the position that the Senator PRESSLER, Senator SARBANES, Senator the advertisement. from Kentucky is in. He is concerned SNOWE and myself. I rise to propose an I am not going to be voting for an ad- about the farmers in Kentucky who amendment to the foreign operations ditional tax. I do not believe my friend grow tobacco, those who process the bill, which will help restore credibility from New Jersey will vote for an addi- product, and I know he has long been to our foreign assistance program by tional tax either. I hope we listen to an advocate of trying to make a sen- ensuring that one of the largest recipi- him as he talks about the additional sible approach to the marketing of to- ents of United States aid, the Republic smokers per day. Every day we delay bacco products without curtailing peo- of Turkey, adheres to internationally here, every day we say we are not ple’s decisionmaking. I respect that. accepted standards for human rights going to help FORD pass his legislation, But, Mr. President, I really do think and humanitarian practices. means that it is another day’s delay. the only way to make this an effective My amendment will cap at $21 mil- We could do it today rather than to- battle against teenage smoking is to lion the amount of economic support morrow. I think I have tried my best. include the FDA, to give them the re- funds that the United States gives to But best is, apparently, not good sponsibility as they would have for any Turkey. Ten million dollars in savings enough. other addictive drug, and to pursue the by capping these funds would then be So the FDA is just adding another course of action proposed by the Presi- appropriated by $5 million each to the layer of bureaucracy. They are asking dent of the United States. Treasury and the Justice Departments for money, under their regulations. I yield the floor. to support law enforcement training September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13921 activities in foreign countries for the report. This is not a report of the Sen- How long has this taken place and purpose of improving the effectiveness ator from New York, or a conclusion gone on? For 2 years. For 2 years the of the United States in investigating that I have come up with. It is our Gov- Turkish Government has refused to and prosecuting transnational offenses. ernment’s report. Again, the human allow desperately needed United States I am very pleased, and I want to com- rights situation in Turkey has wors- and other international assistance to mend the subcommittee, which has ap- ened significantly in 1994. reach the people of Armenia. Even the propriated funds for the FBI with the Mr. President, do we reward them United States of America—even planes same purpose. I want to make sure with aid? The full spectrum of human from the United States delivering aid that there are enough funds to support rights monitoring organizations have to Armenia have been refused. It is the Treasury Department and other condemned Turkey for its systematic wrong. We should not reward nations Justice Department activities in this and widespread abuse of human rights, with our money when they conduct area as well. including the use of torture. Amnesty that kind of policy. Mr. President, let me make it clear International, Human Rights Watch, Unable to cross Turkish territory or that this amendment does not restrict the U.N. Committee Against Torture, transit its airspace, relief supplies—we United States military aid to Turkey. the European Parliament, and others are not talking about equipment, war- It does not restrict. But what I am at- go on and on in their condemnation of making equipment. We are not talking tempting to do is send a message that their systematic deprivation of basic about munitions. We are not talking the United States will no longer toler- human rights. about tanks. We are not talking about ate the human rights abuses in viola- Let us talk about Kurdish rights and armaments. We are talking about basic tion of international law that Turkey relief supplies—food, clothing, and has and is conducting. the Kurdish problem. Nowhere is the case for cutting off aid to Turkey more medicine—have had to be rerouted This year the Turkish Government through Georgia where, due to instabil- will receive $320 million in military aid compelling than the question of the Turks. To this day, Turkey continues ity widespread, large portions of that from American taxpayers to address its aid have sometimes been lost, along security needs. In total, Turkey will to deny the very existence of its 15 mil- with the cost and the time necessary to receive $366 million. My amendment lion Kurdish citizens. Their military get basic aid to a people whose suffer- will bring this total to $341 million. has systematically emptied over 2,000 The time has come after years of Kurdish villages and uprooted over 1 ing mounts and the toll of the devasta- fruitless so-called quiet diplomacy for million Kurdish citizens from their tion increases. We should not be rewarding with tax- the Congress to take the lead in ad- homes. This is not to mention the re- payers’ money that kind of conduct. dressing a broad range of issues dealing cent incursion into northern Iraq And the business of saying they are our with Turkey. Let me go over some of against the Kurds. them. The Turkish Government’s system- allies has long played out. It is not One, worsening human rights atic and deliberate campaign to eradi- right that American taxpayers con- records; two, its continued blockade of cate the Kurdish identity within its tinue this kind of program. I hope that humanitarian supplies to Armenia. It borders is in many ways the high-tech- this sends a message that we say to the is incredible in this day and age that nology murder, massacres, and depor- Turkish Government, fine, you are an humanitarian supplies are being tations of Armenian genocide earlier ally, but basic human rights must be blocked to Armenia. Three, its refusal this century. observed. It is for those reasons that I have of- to work toward a lasting and equitable The question of Cyprus remains unre- settlement in Cyprus, a situation that fered this amendment, not just for the solved. Twenty-one years after Turkey American taxpayer but for the defense has been permitted to exist year after illegally, in 1974, invaded the island na- year after year; four, its denial of basic of American values and ideals. If we tion, despite countless U.N. resolutions are to make a difference, certainly rights to its Kurdish minority. and international agreements, Turkey In each of these areas, Turkey has there is no more compelling case than continues its illegal military occupa- here and now. This is a small step in consistently violated international tion and obstructive efforts toward a treaties and agreements to which it is signaling that we mean what we say, peaceful settlement. The division of that we are for democracy and we are a signatory. Among these are the U.N. the island and the massive uprooting of Universal Declaration of Human for human rights. I do not understand the Greek Cypriots caused by the 1974 Rights, the Final Act of the Conference how we can be sending millions of dol- invasion remains a constant reminder on Security and Cooperation in Europe, lars in America taxpayer moneys en- of the failure of the international com- and the European Convention on couraging the kinds of activities that munity to enforce a lasting and equi- Human Rights. the Turkish Government is engaged in. Mr. President, the Congress in the table resolution to the conflict. Turkey Mr. President, I ask for the yeas and fiscal year 1995 foreign aid bill with- still must demonstrate its support for nays. held 10 percent of the principal amount a settlement recognizing the sov- The PRESIDING OFFICER. Is there a of direct loans for Turkey based on its ereignty, independence, and territorial sufficient second? human rights record and the situation integrity of Cyprus with a constitu- There is a sufficient second. in Cyprus. The Turkish Government tional democracy based on majority The yeas and nays were ordered. has spoken clearly on that issue. It will rule, the rule of law, and the protection Ms. SNOWE. Mr. President, as a co- reject any U.S. aid tied to its human of minority rights. sponsor of the D’Amato amendment, I rights record. It is clear, given the Mr. President, nowhere is the case would like to express my strong sup- Turkish Government’s response, that more compelling for our stopping as- port for his proposal to reduce our eco- we must deal differently with Turkey sistance—this does not relieve some as- nomic assistance to Turkey. The on this subject. sistance, but I believe it is a very rea- D’Amato amendment would cut eco- On the question of human rights we sonable course—than the case of what nomic aid to Turkey by $25 million, need only to look at the State Depart- Turkey is doing today to Armenia. The capping aid to Turkey next year at $21 ment’s recently released 1995 Country failure of quiet diplomacy—that is million. A similar amendment passed Reports on Human Rights. What does it what the State Department talks overwhelmingly in the House earlier say? We see that years—and even dec- about—is no more evident than in the this year. ades—of behind-the-scenes efforts by case of the Turkish blockade of human- Mr. President, this bill represents the State Department have not pro- itarian aid to Armenia. How in this day cuts of $1.2 billion from the fiscal year duced any improvement in the human and age, in 1995, can we countenance 1995 appropriated level. It is $2.4 billion rights situation in Turkey. This report Turkey refusing to permit humani- less than the administration’s $14.8 bil- concludes in fact that ‘‘the human tarian aid to a nation and to its peo- lion request. I support the fiscal re- rights situation in Turkey has wors- ple? It is in violation of all inter- sponsibility of this bill, and I believe ened in 1994.’’ national law. It is in defiance of the that this amendment will help to bring Mr. President, this is our Govern- United Nations. Yet they continue to the Turkish account into line with ment’s report, the State Department’s blockade the borders with Armenia. other reductions contained in this bill. S 13922 CONGRESSIONAL RECORD — SENATE September 20, 1995 But there are more important rea- Mr. SIMPSON. Mr. President, I rise Secretary of Defense William Perry sons to make this cut than just achiev- in opposition to the pending amend- has also testified to the value of con- ing budgetary savings. For decades, ment of the Senator from New York, tinued assistance for Turkey. Turkey has had a consistent record of pertaining to assistance for Turkey. I The great ideological contest in the human rights abuses against its own will support the motion to table this world is no longer between communism people and against its neighbors. amendment, and I urge my colleagues and democracy—capitalist democracy I would like to emphasize that this to do the same. has clearly been the victor of that bat- cut will only affect economic assist- Mr. President, I have very firmly tle for the allegiance of the greater ance, not military assistance. held beliefs regarding the importance part of humankind. But there are still There are a great number of reasons of the United States-Turkish relation- contests taking place all over the to support this amendment, but I ship, and these beliefs have only been globe, between competing visions such would like to list just a few: strengthened, not diminished, by re- as secular democracies, nationalist au- Turkey has illegally occupied 40 per- tocracies, and military-religious cent of the territory of neighboring Cy- cent events. Turkey has long been con- sidered of great strategic importance states. Too much of the Moslem world prus for 21 years. Turkey has consist- has chosen the latter route, choosing ently refused to withdraw its 35,000 oc- to the United States, most notably since the height of the cold war, when to devote the resources of the state to cupation troops, and has impeded ef- military confrontation with their forts to reunify the island. Turkey’s participation in NATO gave this important alliance a steady an- neighbors, and at home, enforcement of The Turkish army has forcibly evac- religious scruples by the state. uated or destroyed nearly 2,000 Kurdish chor in the Middle East. It was a tre- mendous advantage to have a stalwart Not only did Turkey cast its lot with villages. More than 2 million of Tur- the West when it was in a lonely mili- key’s Kurdish citizens have been made ally of the West sitting in between the Soviet Union and the oil fields and ten- tary position, surrounded by Soviet- refugees in their own country. leaning neighbors, but it chooses still Over 10,000 Turkish Kurds have been sions of the Middle East. to cast its lot with us even when in killed by Turkish Government forces. Let us remember also how Turkey close contact with many anti-Western More than 5,000 of these deaths have frequently provided more troops to Moslem regimes. The majority of come in just the past 5 years. NATO than any nation other than the Turks believe this is the right thing to American weapons and equipment United States. We are increasingly cog- have been used repeatedly by Turkey do, but there are also voices within nizant that the peace in Europe was Turkey who wonder why it chooses to in their internal and external atroc- kept throughout those years not by the ities, including the 1974 invasion of Cy- ally itself with the West, only to re- procedures of the United Nations, but ceive criticism and suspicion in return prus and the attacks against Kurds in by the resolve of NATO—and Turkey U.N. protected areas of northern Iraq from too many quarters. played an indispensable role in that al- It is greatly and unquestionably in earlier this year. liance. Torture, extrajudicial execution, and the United States’ interest that Tur- unlawful detention continue to be com- During the cold war, we came to view key’s decision to remain a friendly, mon in Turkey. This has been con- the alliance with Turkey as being criti- secular republic be seen as fruitful for firmed by State Department human cally important largely for geographic a Moslem nation. We do not have a rights reports and all credible private reasons, and reasons of military strat- good track record in our relations with human rights organizations such as egy. However, since the demise of the Islamic countries. If Turkey is rebuffed Amnesty International and Human Soviet Union, we have found our rela- in its continued allegiance to us, this Rights Watch. tionship with Turkey to be of even will only provide fodder for those who Turkey persists in blocking the deliv- greater importance. believe that the West cannot be trusted ery of desperately-needed humani- If one lists the principal inter- to remain truly friendly toward a Mos- tarian assistance to Armenia, a land- national developments in the post-cold lem country. locked neighboring country. This is war world, one repeatedly comes across None of us would claim that the particularly egregious because of Tur- unmistakable trends which underscore human rights situation in Turkey is key’s own past atrocities toward the the importance of Turkey. To name what we would like to see. But we Armenian people during World War I. but a few: The expansionism of Tur- should remember as well that Turkey This is commonly referred to the Ar- key’s neighbor Saddam Hussein, the has been the recipient of thousands menian Genocide, in which 1.5 million disintegration of Yugoslavia along eth- upon thousands of uninvited guests, in Armenians—or half of all the Armenian nic lines, renewed nationalism and many cases Kurdish refugees from people at that time—died. anti-Western feeling on the part of northern Iraq. Most Kurdish people are Seven European countries have cut many Moslem states, the breakaway of not terrorists. They are poor refugees off all arms sales to Turkey, and the the central Asian republics from Rus- struggling to cope with the tragic re- European Union has refused to even sia, and on, and on. ality of living under unfriendly, repres- consider a free trade agreement with sive regimes such as that of Saddam I earnestly hope that my colleagues Turkey because of the treatment of the Hussein. But United States protection have noted the opposition of our most Kurdish people. of the safe havens in northern Iraq also Against its own international agree- notable military leaders to any reduc- served to shelter those Kurds in the ments, in 1971 Turkey shuttered the tions in assistance to Turkey. Gen. PKK, who were indeed engaged in ter- seminary school of the Eastern Ortho- John Shalikashvili has written to com- rorist attacks against Turkey. Thus we dox Ecumenical Patriarchate. This was mend Turkey’s participation in the Ko- have made our own inadvertent con- done in an effort to undermine and rean war, as well as Turkey’s defense of tribution to the conflict Turkey is ex- eventually destroy this most hallowed 37 percent of the frontier between periencing in the eastern part of the institution revered by over 200 million NATO and the Warsaw Pact during the country. We would do well to confine Eastern Orthodox faithful around the cold war. During the gulf war, strike our sermons about human rights to world. missions against Iraq were initiated those situations to which we ourselves Mr. President, I frankly do not un- from Turkish soil—nearly 2,700 sorties, have not contributed. derstand why we continue to provide according to the general. Mr. President, I believe that it is such high levels of economic assistance Perhaps Turkey’s biggest contribu- strongly in the interest of the United to Turkey. But the purpose of this tion to that effort was the closing of States that we maintain a strong rela- amendment is not to totally cut off all the Turkish-Iraqi oil pipeline, which tionship with Turkey, both an eco- aid to Turkey, only to send a strong clamped down solidly on Hussein’s nomic and military relationship, and message that Turkey must reform its strength and surely cost Turkey and that the Turkish commitment to its human rights record both with its its economy dearly. Few Americans status as a secular republic be proved neighbors and with its own people. know that Turkey contributed troops again and again to be a most successful I urge passage of the D’Amato to the Somalian effort, as well as 1,500 one which will assist our friends the amendment, and I yield the floor. troops in Bosnia. Turks to continue the course and the September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13923 cause of peace and prosperity in their Political murders and extrajudicial is struggling to continue to orient it- country. We have a tremendous stake killings attributed to Government authori- self toward the West, an ally that sits in this question, thus I strongly urge ties and terrorist groups continued at the within a sea of potential enemies, sur- the defeat of the D’Amato amendment. relatively high 1993 rates. Government au- rounded by Moslem countries. Turkey Mr. D’AMATO. Mr. President, I yield thorities were responsible for the deaths of detainees in official custody; suspects in is a Moslem country itself. It is a rep- the floor. houses raided by security forces; and other resentative democracy. There are Mr. BYRD addressed the Chair. types of civilian deaths in the southeast. forces in Turkey that would like very The PRESIDING OFFICER. The Sen- Disappearances continued in 1994, while much to see that country become an- ator from West Virginia. most of those reported in 1993 and earlier re- other Iran, and there is a very real dan- Mr. BYRD. Mr. President, I oppose mained unsolved. ger it could become another Iran. Look the amendment offered by the able This is a pattern. This has not just at the map. Note the geopolitical posi- Senator from New York. It removes the evolved. And it is not getting better. It tion of Turkey, the old great cross- discretion and the flexibility now in is getting worse. roads of the world in the days of Con- the bill for the President to provide Mr. President, again, it is not good stantinople and Byzantium. We can economic assistance according to his enough to say that while one has send a message, but we can also cut off best judgment as to the need of the re- joined us in an effort to investigate ag- our nose to spite our face, and we will cipient country. gressions against the United States, to not change anything except to drive a Mr. President, Turkey is a member of be helpful as it were, and more than very valuable and dependable ally away NATO. It has been consistently of helpful in our battle to liberate Ku- from the West. great assistance, great assistance to wait, it is not sufficient to say that be- Turkey was very important to us in the United States—by the way, may I cause one has loaned itself militarily the Persian Gulf war, very important. say also assistance to Israel—as we to our defense, we look the other way We all wanted Turkey’s help. We want- pursue our goals in the Middle East when it continues these kinds of basic ed Turkey to cut off the flow of oil. She and southern Europe. Turkey has been human rights violations not only of its cut it off. of assistance as a NATO ally in sup- citizens but of other citizens. It is inex- Mr. President, I have an amendment porting NATO’s actions in Bosnia. She cusable and intolerable for them to be in my pocket and I have the floor. I has provided support to the Bosnian permitted and for us to countenance by have a second-degree amendment to Moslems, helping to right the balance way of our actions, by way of making cut aid to Israel by $1 billion. in Bosnia vis-a-vis the Bosnian Serb aid available, the continued blockade Now, we are getting ready to cut pro- forces. of the 2 million people in Armenia. It is grams that are important to the Amer- Turkey was of crucial early assist- wrong. And quiet diplomacy has not re- ican people. We talk about cutting ance to us in the gulf war, as we all duced that situation or resolved that Medicare, cutting Medicaid, cutting know. And she is still paying for that. situation. It continues. And on and on moneys for the Park Service, Fish and She is still paying for having helped us. it goes. Wildlife, health programs, education She was of crucial heroic assistance to One might talk about the situation programs. But not a word about cut- the United States in Korea. Her eco- in Cypress and what the Government of ting aid to Israel, not a word; $3 billion nomic needs are substantial. As I say, Turkey has done is simply by way of to Israel, $2 billion to Egypt. she is still paying a heavy price for armed force taken and occupied that Now, if anyone wants to talk about cutting off the oil pipeline with Iraq. country illegally, and it thumbs its entitlements, those are looked upon as And she still loses revenue heavily on a nose at the United Nations and those entitlement programs by the recipient daily basis. I cannot understand why attempting to bring about a peaceful countries. I am not anti-Israel nor am anyone wants to remove the Presi- resolve. I believe until we do what we I anti-Egypt. But when we talk about dent’s flexibility in this area, and I do are supposed to do—and I say it pays cutting entitlements, cutting programs not think that Turkey should be sin- dividends because we did not win the that benefit the American people, the gled out. cold war with the Soviets because we old, the young—but not a word said I oppose the amendment, and I hope decided to look the other way on about cutting that $5 billion for Israel that the managers will move to table human rights abuses. It is because we and Egypt—why not offer an amend- it. stood up to them and we said we are ment that will cut that largesse and I yield the floor. not going to treat you the way we see how many brave souls there are in Mr. D’AMATO addressed the Chair. would the other nations that follow the this Senate? The PRESIDING OFFICER (Mr. normal patterns of conduct, conduct Senators would run like turkeys and SANTORUM). The Senator from New that is expected. head for the doors as if they were fire York. Mr. D’AMATO. I do not mean to have So, Mr. President, I hope that my escapes. I know, because I have tried a protracted debate on this, but I will colleagues will accept this amendment. such an amendment on two occasions. I take the time to read several excerpts I think this amendment will be a very got one vote on each occasion. Perhaps from the State Department countries powerful impact in sending the right these brave souls should be put to the report, our State Department’s report signal and maybe seeing that someday test every now and then. I will not offer my amendment to this year on Turkey as it relates to there are basic freedoms that are guar- this amendment at this time. It would human rights. This comes from the re- anteed, that nations will not be sup- be an attractive idea to offer it to this port directly. pressed by the use of Turkish military might, that food and aid to people who amendment and then have someone The human rights situation in Turkey move to table the underlying amend- worsened significantly in 1994. are needy and starving will be per- mitted. That seems to me to be some- ment; and with my amendment as the Worsened significantly in 1994. thing that is so easy, but when a na- second-degree amendment, watch Sen- The police and security forces often em- tion is so intolerant and so indifferent ators head for the doors. ployed torture during periods of incommuni- Where are all these brave souls? How cado detention and interrogation, and the se- to the rights of others, then I think we curity forces continued to use excessive have to send a clear message and that about cutting aid to Israel? I will not force against noncombatants. is why the Senator offers this amend- offer the amendment at this time. I Let me go on a little further. ment. hope that the managers will move to table the pending amendment. I hope Various agencies of the Government con- I yield the floor. tinued to harass, intimidate, indict, and im- Mr. BYRD addressed the Chair. that it will be tabled by an overwhelm- prison human rights monitors, journalists, The PRESIDING OFFICER. The Sen- ing vote. Let us send a message to Tur- lawyers, and professors for ideas which they ator from West Virginia. key that we are still her friend, and we expressed in public forums. Disappearances Mr. BYRD. Mr. President, I under- want her to be our friend. and mystery murder cases continued at a stand the message the distinguished Mr. MCCONNELL addressed the high rate in the southeast. Senator is trying to send, but we are Chair. Let me go to page 3. I have another also going to send a message to a valu- The PRESIDING OFFICER. The Sen- excerpt. able ally, a valuable ally, an ally that ator from Kentucky. S 13924 CONGRESSIONAL RECORD — SENATE September 20, 1995

Mr. MCCONNELL. Let me say with and democracy. When Parliament re- Mr. MCCONNELL. Mr. President, I regard to the amendment of the distin- convenes in October, it is my under- move to reconsider the vote and I move guished Senator from New York, that standing that there will be several to lay that motion on the table. the internal human rights practices of more pieces of reform legislation con- The motion to lay on the table was a number of America’s close friends in sidered. agreed to. that section of the world probably So the point is, Turkey certainly is Several Senators addressed the could not meet our test. And it seems not perfect, but it has made a lot of Chair. to me the situation in Turkey is large- progress. When you compare it to the PRIVILEGE OF THE FLOOR ly indistinguishable from the situation others in the neighborhood, it does Mr. MURKOWSKI. I ask unanimous inside the borders of a number of other, rather well. consent that Eugene D. Schmiel, a re- not only good friends of the United Mr. President, I do not know what cent addition to my staff, be extended States, but aid recipients of the United more needs to be said on this. It was the privilege of the floor. He is a State States in that part of the world. my plan to offer a motion to table, Department Fellow who will be fulfill- I share the concern that many people which I will now do. ing legislative duties. have about the human rights situation Mr. President, I move to table the The PRESIDING OFFICER. Without in Turkey and in a lot of other places. amendment and ask for the yeas and objection, it is so ordered. The question is whether or not the nays. Mr. LEAHY. Mr. President, I know amendment by the Senator from New The PRESIDING OFFICER. Is there a the Senator from Colorado is seeking York to cap, cut off assistance will sufficient second? recognition. I will not hold the floor, generate any improvements. I am con- There appears to be a sufficient sec- but I urge Senators who have, on our cerned, as the distinguished Senator ond. side—and I suspect the distinguished from West Virginia is concerned, that The yeas and nays were ordered. Senator from Kentucky will make the it might have just the opposite effect. The PRESIDING OFFICER. The same request on his side—I urge Sen- First, let me point out that the ad- question is on agreeing to the motion. ators on our side, who have amend- ministration is planning $100 million The clerk will call the roll. ments that they intend to offer to this for ESF for Turkey whether or not we The legislative clerk called the roll. bill, to come and let us know. There pass an amendment. Now I do not see Mr. LOTT. I announce that the Sen- may well be amendments that could be how this level can be achieved given ator from Kansas [Mrs. KASSEBAUM] accepted. At least let us know that. We the overall reduction in the foreign op- and the Senator from Virginia [Mr. will start working toward that situa- erations budget. WARNER] are necessarily absent. tion so at some point the distinguished It seems to me that before we engage I also announce that the Senator manager and myself could work at ac- in the kind of debate we are having, from Oregon [Mr. HATFIELD] is absent cepting those, and others that might calling attention to Turkey’s internal due to illness. not be accepted, may require rollcall I further announce that, if present problems, we ought to think a little bit votes, that we might set some time and voting, the Senator from Oregon about the neighborhood. Iraq, Iran, certain or at least get some time agree- [Mr. HATFIELD] would vote ‘‘yea.’’ Syria all present unique security chal- ments on them. Mr. FORD. I announce that the Sen- lenges, complicated by the crisis in I commend the distinguished Senator ator from Arkansas [Mr. PRYOR] is ab- Georgia and ongoing conflict between from New York and the distinguished sent because of attending a funeral. Azerbaijan and Armenia. Senator from West Virginia in their de- The PRESIDING OFFICER. Are there In the middle of this, Turkey has pre- bate. They kept it to a very short time. any other Senators in the Chamber de- served at least basic principles of de- We were able to move on. But this is a siring to vote? mocracy, including free and fair elec- The result was announced—yeas 60, bill I know the distinguished Repub- tions, the orderly transition of power, nays 36, as follows: lican leader and the distinguished an independent legislature, and en- Democratic leader want to get moved [Rollcall Vote No. 451 Leg.] acted a free press. Do they have some forward, so I urge those who are listen- problems? Yes. But compared to other YEAS—60 ing to come let us know. At least on countries in the area, you would have Abraham Dorgan Kerrey my side, I have a more accepting mood Akaka Exon Kyl to say they have done rather well. It is Ashcroft Faircloth Leahy when it is early on in the game than I far from a perfect picture. But then Baucus Ford Lieberman might toward the end. many of our traditional friends and al- Bennett Frist Lott I yield the floor. lies have not achieved the freedom and Bingaman Glenn Lugar The PRESIDING OFFICER. The Sen- Bond Gorton Mack success that we enjoy here in this Breaux Graham McCain ator from Colorado. country. Brown Gramm McConnell AMENDMENT NO. 2708 Let us remember that Turkey has 62 Bumpers Grams Murray Mr. BROWN. Mr. President, what is Burns Grassley Nickles million people, 99 percent of whom are Byrd Hatch Nunn the pending business before the Sen- Moslem, a factor which could easily in- Campbell Heflin Packwood ate? fluence closer ties with Iran. Yet Tur- Chafee Hollings Rockefeller The PRESIDING OFFICER. The key remains the only secular democ- Cochran Hutchison Roth pending amendment is the amendment Cohen Inhofe Shelby racy with a free market that has a ma- Conrad Inouye Simpson No. 2708, offered by the Senator from jority Moslem population. Turkey has Coverdell Jeffords Stevens Colorado to the committee amendment also maintained its strong link with Craig Johnston Thompson on page 15. NATO providing peacekeepers in Daschle Kempthorne Thurmond Mr. BROWN. Mr. President, one of Bosnia and participating in F–16 patrol NAYS—36 the things the opponents have brought of the no-fly zone. As the Senator from Biden Gregg Pell up in the series of extended debates West Virginia mentioned, at the end of Boxer Harkin Pressler preceding the offering of the amend- Bradley Helms Reid the Persian Gulf war, Operation Pro- Bryan Kennedy Robb ment this time has been the question vide Comfort was established in north- Coats Kerry Santorum of how significant the one-fourth of the ern Iraq to protect the Kurdish popu- D’Amato Kohl Sarbanes arms package is that would be deliv- lation, in addition to providing human- DeWine Lautenberg Simon ered under the President’s compromise. Dodd Levin Smith itarian aid. The Turkish Parliament Dole Mikulski Snowe We have held extensive hearings on voted to continue the operation for 6 Domenici Moseley-Braun Specter this question. I wanted to share with more months. Feingold Moynihan Thomas the Members some quotes from the ex- Prime Minister Ciller takes the issue Feinstein Murkowski Wellstone perts who testified. We made an effort of human rights seriously, and commit- NOT VOTING—4 to invite both Democrats and Repub- ted her nation to a course of reform. In Hatfield Pryor licans, both liberals and conservatives, July, under her leadership, 16 amend- Kassebaum Warner experts from the military and aca- ments were passed to their Constitu- So, the motion to table the amend- demia as well as experts that had tion, expanding political participation ment (No. 2709) was agreed to. shown a greater degree of experience September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13925 with India than Pakistan. Here are States a vote on an arrangement, a ne- Mr. President, we have had hearing some brief quotes I think are helpful in gotiation that he himself instigated. after hearing after hearing on this sub- describing that package. The President took on a tough prob- ject. We had a hearing on March 7. We It is $368 million of military equip- lem. For 5 years we have refused to re- had a hearing on March 9. We had a ment that was contracted for 9 years turn the Pakistanis’ money, and for 5 hearing and discussion—at least for ago, whose delivery was withheld 5 years we have refused to deliver the comment—when we had committee years ago, even though in substance it planes, and for 5 years, because it has markup. Incidentally, Senator PRES- had been paid for, committed for by the been a tough problem, we failed to act. SLER was invited and appeared at that Pakistanis. I think it is to the President’s credit committee markup and gave com- In terms of the regional military balance, that he has been willing to step for- ments. We had a hearing on this last I don’t think that the release of this mili- ward, he has been willing to negotiate Thursday in which Senator PRESSLER tary equipment . . . really will have no sig- out a compromise. Some may disagree came and discussed it specifically. nificant impact on the balance one way or So, Mr. President, what we have seen the other. with the compromise. Some may think it is too tough on Pakistan. Some may here is a concerted effort to avoid a That is from Stephen Cohen, who is think it is too tough on India. But the vote on this question. I believe the the director of Program in Arms Con- President had the courage to step for- President at least deserves a vote on trol, from the University of Illinois. ward and negotiate that compromise the package, the compromise, that he From George Tanham, vice president and put a package and a recommenda- has negotiated out. One may disagree of Rand Corp: tion before this Congress. The question with it. One may think it is right to . . . I agree with Steve that the package is whether or not the President is al- keep both the military aircraft and won’t change the balance at all. In fact, Pakistanis’ money. But, Mr. President, there is no balance now. India dominates so lowed to have a vote on his package. strongly. They have twice as large an army We considered this whole question in I do not. I think we deserve an answer as Pakistan, twice as large an air force, the drafting of the State Department one way or another. twice as large a navy, and twice as many authorization bill. But when that bill What I find is an effort now to delay tanks, twice as many airplanes. So there got to the floor, it was filibustered and this important bill, an effort by filibus- isn’t a balance at the moment. And India has the President was denied an oppor- tering this amendment to delay the overwhelming strength. tunity to have his proposal which consideration of this vital bill that has This one is from the Honorable Wil- would have added to that as part of such a major impact on our foreign pol- liam Clark, Jr. He was the ambassador that which was voted on. We then of- icy considerations around the world. Once again, I do not want to delay to India from 1989 to 1992. ‘‘We have got fered this package as an amendment to the important business of the Senate. F–16’s that have been sitting in the the Defense authorization bill. But the It is why I brought this amendment up desert and being maintained. The P–3 opponents fought that, threatened to early and brought it up for consider- and the Harpoon, three of them are filibuster all night, and denied us a ation. But what I find is a concerted marginally useful, if at all, and they vote. Finally, in an effort to make sure plan and effort to simply filibuster have already been—the requirement that important Defense authorization this, to delay consideration and to has been met in other ways—from the bill passed without the delay that that deny the President of the United politics of it, it is terribly important. threat brought about, I was willing to States a vote on his carefully nego- The military utility of it’’—he is refer- withdraw the amendment upon assur- tiated compromise. ring to this settlement and those weap- ances that we would have an oppor- When I was asked to grant more time ons—‘‘they would rather buy more tunity to offer it later and be voted on. to opponents, we agreed to set aside modern equipment with the money.’’ That bill has moved ahead. The focus of his remarks was simply this amendment for Senator LAUTEN- We bring it up today after notice and to point out that actually if the Paki- BERG to speak, which, of course, he did. discussion. This amendment was of- stanis had their choice, they could buy Then once again, because the oppo- fered shortly after 11 o’clock this better equipment and more modern nents wanted more time, we agreed to morning. It was one of the first amend- equipment with their money rather another delay and agreed to set aside ments offered to this bill. And the op- than the old equipment. Again, relat- the amendment for consideration of ponents again sought to delay. The ing to the significance of the package Senator D’AMATO’s amendment, which first thing they said is, ‘‘We want a se- that would be delivered under the has been fully debated and voted on, as cret briefing for everyone.’’ Mr. Presi- President’s compromise. the Senators will recall from just a few This is from James Clad. He is a pro- dent, we have had secret briefings. We moments ago. But, Mr. President, fur- fessor at Georgetown University. They have had secret briefings covering the ther delay, further filibustering of this offer for Pakistan ‘‘exactly as Mr. exact subjects that they want to talk important legislation and delay of this Tanham pointed out, an equalizing about. First of all, the Intelligence important bill will be a mistake for the hand in trying to somehow correct the Committee conducted a briefing on Senate. I believe it is important to subcontinental mismatch of conven- this very subject, exactly the same move ahead on it. tional weaponry capability and geo- subject, at the end of July and early I am saddened by the fact that the graphical reality * * * I think another August. Members were invited. Those opponents have not come to speak up turn on a dime on this issue is going to who did not attend could have come to and to offer debate. Mr. President, I think do further damage to American a Members’ briefing that I arranged most important of all, when the State diplomacy.’’ The turn on the dime with the subcommittee on last Tues- Department authorization bill was would be failure to follow up on the day. here, they refused to join in a time President’s commitment. Incidentally, Senator GLENN’s staff agreement. When the Defense author- This last one is from Bruce Fein. He attended that briefing. We invited ization bill was here, they refused to is a constitutional and international every Member of the Senate to be join in a time agreement. Now, in spite law specialist and syndicated col- present at that briefing. So the briefing of my request and others’ requests to umnist. ‘‘It is true that they’’—refer- that they talked about delaying this have a time agreement, basically carte ring here to India—‘‘they are searching consideration for has not only already blanche whatever they want, they re- at present for substantial additional taken place, but it has already taken fused to join in a time agreement. arms purchases, hundreds of millions place twice. Incidentally, I might say So, my proposal is this: I think the that I think would dwarf anything that transcripts of those are available for President deserves a vote. This is an would follow any relaxation of the Members who want to see them. important matter that does not get Pressler amendment: (Incidentally) So to suggest that we have to delay better by delay. The longer we delay, very high technology MiG aircraft.’’ He consideration of this proposal once the more storage costs there are on the is referring to what India already is again for a briefing is simply another airplanes. The longer they filibuster, doing. tactic, in this Member’s opinion, to the more the quality of the material What we have here is an effort to delay consideration of an important deteriorates. The longer they refuse to deny the President of the United amendment. give the President a vote, the more S 13926 CONGRESSIONAL RECORD — SENATE September 20, 1995 cost is added to this proposal and the Mr. LEAHY. I suggest the absence of bill. On the other hand, this bill under- more difficult it is to work out a set- a quorum. takes important reforms necessary to tlement. The PRESIDING OFFICER. The ensure that the shrinking resources it Mr. President, my suggestion is this: clerk will call the roll. provides can be used to the greatest ef- Let us get a vote. If I do not have 60 The assistant legislative clerk pro- fect. votes, I am not going to stop this bill ceeded to call the roll. The foreign affairs budget, which, un- or have others filibuster this important Mr. PELL. Mr. President, I ask unan- like other accounts in the Federal piece of legislation just for this amend- imous consent that the order for the budget, had already been cut dramati- ment. But if we can get 60 votes, then quorum call be rescinded. cally before this year, has been cut I want this considered, and we will see Mr. GLENN. I object. even further. I regret that decision, but if we cannot bring closure on this The PRESIDING OFFICER. Objec- that die was cast last spring during the issue. But I believe the President of the tion is heard. budget resolution debate. Given the United States deserves an answer and The assistant legislation clerk con- limited resources available, it will be- deserves a vote. tinued the call of the roll. come increasingly important that the Ms. MIKULSKI. Mr. President, I rise Mr. McCONNELL. Mr. President, I President have more flexibility to tar- in support of the Brown amendment. ask unanimous consent that the order get our resources toward the areas of This amendment will further United for the quorum call be rescinded. greatest importance. States relations with Pakistan—by al- The PRESIDING OFFICER. Without This is not easy to do. We always feel lowing for cooperative programs on objection, it is so ordered. that we want to have some hand—and counternarcotics and counterterror- Mr. McCONNELL. Mr. President, I we should have—in shaping those prior- ism—and by resolving a longstanding ask unanimous consent that Senator ities. On the other hand, I think flexi- dispute over the delivery of military KASSEBAUM and Senator PELL be al- bility is needed for administrative de- hardware. lowed to address the Senate and, at the cisions and it is important that legisla- I understand the concerns of oppo- end of their comments, the status quo tive and administrative bodies work as nents of this amendment—and I share be resumed. closely together as possible. some of them. There is no more impor- Mr. BROWN. Does that include a lim- While some of the accounts retain tant issue in South Asia than nuclear itation on the amount of time? I re- their traditional protection, this legis- proliferation. serve the right to object. lation on the whole has very few ear- But I believe that this issue is hin- Mr. McCONNELL. How much time marks. Again, I want to commend the dering our efforts to build strong ties does the Senator from Kansas have in committee for that. It is not an easy with Pakistan—and that strong rela- mind? I say to my friend from Colo- task. At the same time, the bill seeks tions with Pakistan are crucial to im- rado, I am trying to just process some- to promote fairness by preventing any proving our security and furthering our thing here while we are waiting. single account or region of the world interests in South Asia. Mrs. KASSEBAUM. Mr. President, I from bearing a disproportionate share I also believe that we need to show came to speak because there was a of budget reduction. support for the current Government of quorum call on, so I could tailor my re- As a long observer of United States Pakistan. Prime Minister Bhutto is a marks to the time I would be allowed. policy toward Africa, I believe this leg- woman of great courage. She has en- I would say about 5 minutes. islation treats Africa fairly and recog- dured arrest, imprisonment, and exile. Mr. BROWN. I take it the unani- nizes that continent’s importance in She has worked to transform Pakistan mous-consent request is for a maxi- the overall reach of United States for- from a military dictatorship to a par- mum of 5 minutes? eign policy. I am particularly pleased liamentary democracy. Mr. McCONNELL. With 5 minutes for with the sincere effort to address the The Prime Minister has been coura- Senator PELL as well. difficult problem of African debt relief. geous in her efforts to build close ties Mr. BROWN. I have no objection. However, important African issues to the West. Under her leadership, The PRESIDING OFFICER. Without will remain for the conference commit- Pakistan has proven to be a valuable objection, the Senator from Kansas is tee—in particular, this legislation’s ally in combatting terrorism and in recognized. consolidation of the Development Fund stemming international flow of illegal Mrs. KASSEBAUM. Mr. President, I for Africa into a larger economic as- drugs. She has been liberalizing the first want to commend the chairman of sistance account diverges from the economy and opening it up to foreign the Foreign Operations Subcommittee, path Congress has followed since 1987. trade and investment. Senator MCCONNELL, and the ranking The House has retained the Develop- It has come to the point where this member, Senator LEAHY, for their lead- ment Fund for Africa regional account. issue is clouding all others. Improved ership on this bill. Getting a foreign The Congress created the DFA in 1987, human rights, nonproliferation and operations appropriations bill through with bipartisan support, to ensure that greater trade and investment are held the Senate is never an easy process. I consistent long-term funding for Afri- hostage to this largely symbolic issue. think they have done an extraordinary can development would be there if it So I will support the Brown amend- job. This legislation is a reasonable ap- were necessary. I hope that as we de- ment. The Pressler amendment will proach that meets the stringent reality bate funding the mechanisms and ac- still stand—and it should. Pakistan of the Federal budget but also recog- counts this year, we will not lose sight will not receive the F–16’s. But by pass- nizes that our national interest re- of, or compromise, this important goal. ing the Brown amendment, we will re- quires America to be a leader in world I am particularly concerned about move an impediment to our relations affairs. the effect on our foreign policy and the with Pakistan—and we will be able to For years, we have been engaged in a sharp cuts in two programs in this bill. focus on improving security in South debate about how best to reform our One is the International Development Asia. foreign aid programs. I have long been Association, funded at $775 million, Mr. BROWN. Mr. President, I move an advocate of reform, and I continue well below the $1.3 billion request. to table the Brown amendment and ask to believe it is necessary. The debate While it has detractors, I believe this for the yeas and nays. has taken on new vigor this year with program is an effective means of The PRESIDING OFFICER (Mr. the chairmanship of Senator HELMS in leveraging U.S. foreign aid and GREGG). Is there a sufficient second? the Foreign Relations Committee, and effecting change in the economic poli- Mr. LEAHY. Mr. President, I suggest it is ongoing. cies of countries abroad. I worry that the absence of a quorum. The legislation before us today walks low-balling this funding—and the The PRESIDING OFFICER. The reg- a fine line and, in my view, does so ap- House is lower still—will cause other ular order is to determine if there is a propriately. On the one hand, it recog- donors to do the same and threaten the sufficient second. nizes the substantial reform of our for- viability of this important program. Is there a sufficient second? eign aid programs is properly carried I also worry about cuts in our con- There is a sufficient second. out through the authorizing legisla- tributions to international organiza- The yeas and nays were ordered. tion, not through this appropriations tions and programs. Last year, we September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13927 spent $374 million on this account, but support for the latest Liberia peace Mr. LOTT. I announce that the Sen- this bill includes only $260 million— agreement and facilitate the provision ator from Oregon [Mr. HATFIELD] is ab- again, better than the House bill. Mr. of limited United States assistance to sent due to illness. President, international organizations Liberia. I further announce that, if present and programs is never a popular part of It will be considered at another time. and voting, the Senator from Oregon the budget. Again, I share the view I yield the floor, Mr. President. [Mr. HATFIELD] would vote ‘‘yea.’’ that we should critically reevaluate The PRESIDING OFFICER. The Sen- Mr. FORD. I announce that the Sen- our participation in many low-priority ator from Rhode Island is recognized ator from Arkansas [Mr. PRYOR] is ab- international organizations. But it for a unanimous-consent agreement. sent because of attending a funeral. The PRESIDING OFFICER. Are there seems to me we should conduct that re- AMENDMENT NO. 2708 view as a matter of policy and take any other Senators in the Chamber Mr. PELL. Mr. President, I wish to who desire to vote? steps to reform or withdraw from orga- speak in connection with the Brown nizations in accordance with the obli- The result was announced—yeas 37, amendment on Pakistan. As many of nays 61, as follows: gations we have made to them. We us know, deliveries of United States should not just stop paying our bills. [Rollcall Vote No. 452 Leg.] military equipment purchased by Paki- YEAS—37 These cuts in important programs stan have been suspended since 1990 Abraham Dorgan Leahy are, to me, made more frustrating by under the terms of the Pressler amend- another item in the bill. This legisla- Akaka Exon Levin ment. This amendment would lift the Bennett Feingold tion would appropriate $150 million for Lieberman suspension temporarily to allow the de- Biden Feinstein McConnell international narcotics control—$45 Bingaman Frist Moynihan livery of much of the military equip- Boxer Glenn million more than last year and $37 ment—including naval aircraft, mis- Pell million more than was approved by the Bradley Gramm Pressler siles, and spare parts. While it would Bumpers Hollings Robb House. This account may be politically Conrad Kennedy not permit the delivery of the F–16’s Sarbanes Coverdell Kerrey popular, but, in my view, it is a poor Simon purchased by Pakistan but still unde- D’Amato Kerry candidate for added funding. I doubted Wellstone livered, the amendment would allow Daschle Kohl the effectiveness of this program in for a plan to sell the F–16’s to a third DeWine Lautenberg both the Reagan and Bush administra- country and to provide those proceeds NAYS—61 tions—not that we do not want to di- to Pakistan. rect our attention to getting narcotics Ashcroft Grams Murkowski The sponsors of this amendment Baucus Grassley Murray abuse and use under control—even argue that it will help to improve Unit- Bond Gregg Nickles Breaux Harkin though, however, we had programs over ed States relations with Pakistan. I Nunn the years in narcotics control initia- Brown Hatch Packwood want to say at the outset that I well Bryan Heflin tives, and they keep requesting more Reid understand the importance of good re- Burns Helms Rockefeller money. In 1995, we will spend nearly Byrd Hutchison Roth lations with Pakistan. Not only was Campbell Inhofe $13.3 billion on antidrug measures, of Santorum Pakistan an important ally in the Af- Chafee Inouye Shelby which $1.6 billion will go for inter- Coats Jeffords ghan resistance to the Soviet Union, Simpson national and interdiction efforts. I can but Pakistan also continues to be a Cochran Johnston only hope it will be successful. But I do Cohen Kassebaum Smith key player in the South Asia region. Snowe question whether we are monitoring Craig Kempthorne I also wish to be supportive of the Dodd Kyl Specter closely the successes of these efforts. current Prime Minister, Benazir Dole Lott Stevens I care just as deeply as everybody Thomas Bhutto. When Pakistan was ruled by an Domenici Lugar else about getting the international Faircloth Mack Thompson oppressive military dictatorship, I narcotics problem under control, but I Ford McCain Thurmond tried to be helpful in securing Mrs. Gorton Mikulski Warner am not convinced that increased fund- Bhutto’s release from house arrest, and Graham Moseley-Braun ing for this program will make any real in promoting a return to democracy in NOT VOTING—2 difference in reducing the flow of drugs Pakistan. I have long considered Prime Hatfield Pryor into this country. Frankly, I would Minister Bhutto a friend, and have prefer we consider reducing funding So the motion to lay on the table the promised her to do what I can to en- from fiscal year 1995 levels, but, at the amendment (No. 2708) was rejected. sure strong United States-Pakistani re- very least, I think we should not in- Mr. BROWN. I move to reconsider the lations. That being said, I must bal- crease funding. I suggest that the $45 vote. ance my support and affection for million added beyond current-year lev- Mr. HARKIN. I move to lay that mo- Pakistan against what I believe to be els will be better used elsewhere within tion on the table. right for United States nonprolifera- The motion to lay on the table was this bill, or for deficit reduction. agreed to. Mr. President, I think I am beyond tion policy. And I believe that this Mr. MCCONNELL addressed the my time. amendment goes too far. I support re- Chair. I ask unanimous consent for 2 addi- suming economic assistance, but op- pose the delivery of the military equip- The PRESIDING OFFICER. The Sen- tional minutes to speak to an amend- ator from Kentucky. ment I would like to offer as well. ment. I will vote accordingly when the time comes. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without suggest the absence of a quorum. objection, it is so ordered. Mr. President, I suggest the absence of a quorum. Mr. LEAHY. Mr. President, will the Mrs. KASSEBAUM. First, I conclude Senator withhold for one moment so I my statement by saying that despite The PRESIDING OFFICER. The clerk will call the roll. can make an announcement? the concerns I have raised I believe this Mr. MCCONNELL. I withhold. bill on the whole represents very re- The assistant legislative clerk pro- The PRESIDING OFFICER. The Sen- sponsible leadership in the field of for- ceeded to call the roll. ator from Vermont. eign affairs. I intend to support it. Mr. BUMPERS. Mr. President, I ask Mr. LEAHY. Mr. President, on this AMENDMENT NO. 2710 unanimous consent that the order for subject there will be a briefing at 5:30 Mrs. KASSEBAUM. Mr. President, I the quorum call be rescinded. in S–407, I am advised by the distin- rise today to submit an amendment on The PRESIDING OFFICER (Mr. guished Senator from Ohio. It is open Liberia. INHOFE). Without objection, it is so or- to all Senators and is on the subject we Mr. MCCONNELL. Mr. President, I dered. just voted on. But that will be in S–407 think we need to lay aside the pending The PRESIDING OFFICER. The at 5:30. I wanted to make that an- amendments. pending question is on the Brown mo- nouncement. Mrs. KASSEBAUM. I send that tion to table the Brown amendment. Mr. GLENN. It is a classified brief- amendment to the desk. I understand The yeas and nays have been ordered. ing. it will be a noncontroversial amend- The clerk will call the roll. Mr. LEAHY. It is a classified brief- ment and it is just to express strong The legislative clerk called the roll. ing. S 13928 CONGRESSIONAL RECORD — SENATE September 20, 1995

Mr. MCCONNELL. Mr. President, I SEC. . FEDERAL PROHIBITION OF FEMALE GENI- Human Services shall commence carrying it ask unanimous consent that the Brown TAL MUTILATION. out not later than 90 days after the date of (a) TITLE 18 AMENDMENT.— amendment No. 2708 be temporarily the enactment of this Act. (1) IN GENERAL.—Chapter 7 of title 18, Unit- laid aside until 7 p.m. this evening, and (2) Subsection (a) shall take effect 180 days ed States Code, is amended by adding at the after the date of the enactment of this Act. at that time there will be 5 hours for end the following new section: Mr. REID. Mr. President, last Sep- debate to be equally divided in the ‘‘§ 116. Female genital mutilation usual form; and when the Senate re- tember, about a year ago, I introduced ‘‘(a) Except as provided in subsection (b), a resolution condemning the practice sumes the amendment on Thursday, whoever knowingly circumcises, excises, or there be 1 hour remaining for debate to infibulates the whole or any part of the labia of female genital mutilation. be equally divided in the usual form; majora or labia minora or clitoris of another At that time, there was talk on the and following the conclusion or yield- person who has not attained the age of 18 Senate floor that perhaps the United ing back of time, the Senate proceed to years shall be fined under this title or im- Nations would do something, perhaps vote on the Brown amendment. prisoned not more than 5 years, or both. some States would do something. The ‘‘(b) A surgical operation is not a violation fact of the matter is, a year has gone The PRESIDING OFFICER. Is there of this section if the operation is— objection? by and this practice continues. ‘‘(1) necessary to the health of the person Mr. President, it is very difficult for Without objection, it is so ordered. on whom it is performed, and is performed by Mr. MCCONNELL. Mr. President, I a person licensed in the place of its perform- me to stand and talk about something suggest the absence of a quorum. ance as a medical practitioner; or as repulsive and as cruel and as un- The PRESIDING OFFICER. The ‘‘(2) performed on a person in labor or who usual as this practice is. But I feel that clerk will call the roll. has just given birth and is performed for we have an obligation to speak about The legislative clerk proceeded to medical purposes connected with that labor the unspeakable, and that is what I am call the roll. or birth by a person licensed in the place it on the floor to talk about today. is performed as a medical practitioner, mid- Mr. MCCONNELL. I ask unanimous What is female genital mutilation? I wife, or person in training to become such a will be as brief in the description as I consent that the quorum call be dis- practitioner or midwife. pensed with. ‘‘(c) In applying subsection (b)(1), no ac- can be, but I feel that it is important The PRESIDING OFFICER. Without count shall be taken of the effect on the per- to my colleagues for me to explain in objection, it is so ordered. son on whom the operation is to be per- some detail what this practice is. Mr. MCCONNELL. Mr. President, it is formed of any belief on the part of that or There are many countries around the my understanding the Senator from any other person that the operation is re- world that allow this practice to take Nevada is prepared to offer an amend- quired as a matter of custom or ritual. place. Some call it female circumci- ‘‘(d) Whoever knowingly denies to any per- sion. ment. We would like to handle as many son medical care or services or otherwise dis- amendments as we can between now criminates against any person in the provi- There are a number of countries and 7, when we resume debate on the sion of medical care or services, because— around the world that this is, in effect, Brown amendment. ‘‘(1) that person has undergone female cir- a rite of passage for little girls. Little So I encourage any Senators who cumcision, excision, or infibulation; or girls between the ages of 6 and 11 are have amendments they think can be ‘‘(2) that person has requested that female forced into this gruesome ritual of fe- accepted or would not be controversial circumcision, excision, or infibulation be male circumcision by their parents to please come over and let us try to performed on any person; most of the time. get them taken care of before 7, be- shall be fined under this title or imprisoned The procedure is something that has cause we have very few remaining con- not more than one year, or both.’’. been written about at great length, and (2) CLERICAL AMENDMENT.—The table of tentious amendments after the Paki- sections at the beginning of chapter 7 of title for purposes of this debate, we will stan amendment and some Helms 18, United States Code, is amended by adding refer to this as FGM, female genital amendments. at the end the following new item: mutilation. I will not refer to those Mr. President, I yield the floor. ‘‘116. Female genital mutilation.’’. terms anymore. Mr. REID addressed the Chair. (b) INFORMATION AND EDUCATION REGARDING Mr. President, in its most extreme The PRESIDING OFFICER. The Sen- FEMALE GENITAL MUTILATION.— forms, a little girl’s external sexual or- ator from Nevada. (1) IN GENERAL.—The Secretary of Health gans are scraped away entirely, and Mr. REID. It is my understanding and Human Services shall carry out the fol- then the procedure—most of the time that we are now working on the com- lowing activities: very crudely, this is rarely, rarely done mittee amendments? (A) Compile data on the number of females by physicians—the vulva is sewn to- The PRESIDING OFFICER. The Sen- living in the United States who have been gether with some type of stitching. ator is correct. subjected to female genital mutilation (whether in the United States or in their Many times, Mr. President, the little Mr. REID. I ask unanimous consent countries of origin), including a specification girl’s legs are bound together for weeks that they be set aside and that I be al- of the number of girls under the age of 18 while a permanent scar forms. lowed to offer my amendment. who have been subjected to such mutilation. The reasons for this are historical in The PRESIDING OFFICER. Is there (B) Identify communities in the United nature. No one really knows. In that objection? Without objection, it is so States that practice female genital mutila- this takes place in many Moslem coun- ordered. tion, and design and carry out outreach ac- tries, I think this is fair to say this is tivities to educate individuals in the commu- AMENDMENT NO. 2711 not in the Koran, this is nothing that nities on the physical and psychological (Purpose: To prohibit female genital health effects of such practice. Such out- is taught by the Koran, but it is prac- mutilation, and for other purposes) reach activities shall be designed and imple- ticed in 20 African countries, in Oman, Mr. REID. Mr. President, I send an mented in collaboration with representatives South Yemen, United Arab Emirates, amendment to the desk. of the ethnic groups practicing such mutila- Malaysia, India, Pakistan. The PRESIDING OFFICER. Without tion and with representatives of organiza- So, I think we have the general idea objection, the pending amendment will tions with expertise in preventing such prac- of what this procedure is. be set aside. tice. Why should we be talking about this The clerk will report the amendment. (C) Develop recommendations for the edu- on the floor of the U.S. Senate? We cation of students of schools of medicine and The legislative clerk read as follows: osteopathic medicine regarding female geni- talk about it because it is important to The Senator from Nevada [Mr. REID] pro- tal mutilation and complications arising focus attention on what is going on poses an amendment numbered 2711. from such mutilation. Such recommenda- around the world, of course. It is im- Mr. REID. Mr. President, I ask unan- tions shall be disseminated to such schools. portant because these girls who go imous consent that reading of the (2) DEFINITION.—For purposes of this sub- through this process die on occasion, amendment be dispensed with. section, the term ‘‘female genital mutila- but they are permanently scarred, not The PRESIDING OFFICER. Without tion’’ means the removal or infibulation (or only physically but emotionally, be- both) of the whole or part of the clitoris, the objection, it is so ordered. labia minor, or the labia major. cause the immediate effect is bleeding, The amendment is as follows: (c) EFFECTIVE DATES.— shock, infections, and even death be- At the appropriate place, insert the follow- (1) Subsection (b) shall take effect imme- cause of hemorrhage and unhygienic ing new section: diately, and the Secretary of Health and conditions. September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13929 The reason I am involved in this is ment outreach activities to inform from practicing groups have brought because I received a call from a close people of the physical and psycho- the custom to wherever they have set- personal friend of mine in Las Vegas, logical effects of FGM; and that we de- tled. NV, a mother of six children who called velop recommendations for educating In the countries and cultures of its me to say that she had watched the students in our medical schools on origin, FGM is most commonly per- night before the most repulsive thing treating women who have been subject formed with crude instruments such as that she had ever seen on television, to this torture. dull razor blades, glass, and kitchen and this was a picture which I saw on As I have stated, this is difficult to knives while the girl is tied or held video later of a little girl having this talk about, but ignoring the issue per- down by other women. In most cases, process performed on her in Egypt. petuates the silent acquiescence to this anesthesia is not used. Afterwards, As a result of that, I felt it was im- barbarous practice. herb mixtures, cow dung, or ashes are portant that I learn more about it, as I I was very happy to hear that at the often rubbed on the wound to stop the have done. I have learned that some 15 conference in Beijing, China, which was bleeding. percent of all these females die of just completed last weekend, that FGM Aside from the obvious emotional bleeding or infections. As I have al- was a topic at the U.N. Conference on and physical trauma which are caused ready stated, the rest of their lives the Women. I say through this legislation, by this procedure, it has been esti- women are afflicted with scarring, the United States can acknowledge the mated that 15 percent of all cir- physically and emotionally. They also importance of this issue to all women. cumcised females die as a result of the have recurring infections, some suffer I further say, Mr. President, that I ritual. The long term effects dealt with complicated and sometimes even fatal appreciate the support of my efforts in by American doctors who treat muti- childbirths. this matter by Senator MOSELEY- lated women and girls are listed by the I realize the significance of this rit- BRAUN, Senator WELLSTONE, and Sen- New England Journal of Medicine as ual in the cultural and societal sys- ator SIMON. I hope, Mr. President, that including chronic pelvic infections, in- tems in communities of Asia, Africa this matter will be resoundingly ac- fertility, chronic urinary tract infec- and the Middle East where it is done cepted. I think it is important for us as tions, dermoid cysts (which may grow often. This procedure has been per- a body, as a Congress, and as a Nation to the size of a grapefruit), and chronic formed on not hundreds of women, not to speak out against this. The very anxiety or depression. thousands of women, but we are now least we can do is have a law on the Although female genital mutilation into the millions of women. books that makes this illegal in our has sometimes been viewed as a purely I repeat, this is a cruel and tortuous country. cultural phenomena, it is clear that no procedure performed on young girls Mr. President, I suggest the absence ethical justification can be made for against their will. The United States of a quorum. this inhumane practice in any country. must make all efforts to condemn and The PRESIDING OFFICER. The Additionally, FGM has already been to curb this practice. clerk will call the roll. banned in many Western nations. In Some might say that FGM is not a The bill clerk proceeded to call the 1982, Sweden passed a law making all concern of the United States. Mr. roll. forms of female circumcision illegal, President, it is a concern of the United Mr. MCCONNELL. Mr. President, I and the United Kingdom passed a simi- States, because it does occur in the ask unanimous consent that the order lar law in 1985. France, the Nether- United States. Because of immigration for the quorum call be rescinded. lands, Canada, and Belgium have each patterns and for other reasons, this rit- The PRESIDING OFFICER. Without set a precedent for the illegality of fe- ual comes to the United States with objection, it is so ordered. male circumcision by holding that it people coming from other parts of the Mr. WELLSTONE. Mr. President, the violates laws prohibiting bodily muti- world. The same procedure has been issue of female genital mutilation lation and child abuse. Action has been outlawed in the United Kingdom, Swe- [FGM] was first brought before the taken to enforce the statutes banning den, Switzerland, to name just a few. Senate last September when Senator this practice in all the countries I’ve They have all passed legislation pro- REID introduced a sense-of-the-Senate just mentioned. hibiting FGM. France and Canada resolution condemning this cruel ritual However, due to complex cultural maintain that FGM violates already practice and commending the Govern- factors, dealing with this issue in the established laws. ment of Egypt for taking quick action United States requires more than mak- So we in the United States also must against two men who performed this ing the ritual practice of FGM illegal. speak out against this torture to deed on a 10-year-old girl in front of Immigrant parents in the United women in the United States. Hopefully CNN television cameras. States who import a circumciser from by speaking out, it will focus attention This amendment would make it ille- their home country or find an Amer- on this practice that is going on in gal to perform the procedures of FGM ican doctor willing to perform the pro- other parts of the world. on girls younger than 18. In addition, it cedure claim to do so out of a desire to I am really surprised that the United proscribes the following measures as do the best thing for their daughters. Nations takes up all the human rights necessary to the eradication of this In the societies and cultures that prac- things that they do, and I can appre- procedure: compiling data on the num- tice it, FGM is said to be an integral ciate that. We as a country take up ber of females in the U.S. who have part of the socialization of girls into human rights concerns. People who go been subjected to FGM, identifying acceptable womanhood. Often, the mu- to prison may spend too much time in communities in the United States in tilations are perceived by a girl’s par- prison. Why should we not speak out on which it is practiced, designing and im- ents as her passport to social accept- the torture taking place on a daily plementing outreach activities to in- ance or the required physical marking basis to women throughout the world? form people of its physical and psycho- of her marriageability. In spite of its This seems much more egregious than logical effects, and developing rec- obvious cruelty therefore, FGM is a some of the other things we throw up ommendations for educating students part of cultural identity. Clearly, fe- our arms about dealing with human in medical schools on treating women male genital mutilation must be dealt rights violations. and girls who have undergone mutila- with in a manner which takes into ac- What this amendment does is make tions. I am proud to be a cosponsor of count its complex causes and mean- it illegal to perform the procedures of this amendment that addresses an ings. FGM on girls younger than 18. The leg- issue so crucial to the mental and Because of the complexity of this islation defines the following meas- physical health of women and girls. issue and the lack of available informa- ures: That we compile data on the The ritual practice of female genital tion regarding FGM in the United number of females in the United States mutilation currently affects an esti- States, this amendment includes a pro- who have already been subjected to mated 80 million women in over 30 vision ensuring that research be car- this; that we identify communities in countries. Although FGM is most wide- ried out to determine the number of fe- the United States in which FGM is spread in parts of Africa, the Middle males in the U.S. who have undergone practiced; that we design and imple- East, and the Far East, immigrants mutilations. This research would also S 13930 CONGRESSIONAL RECORD — SENATE September 20, 1995 document the types of physical and Mr. MURKOWSKI. Mr. President, I AUTHORIZATION FOR IMPLEMENTATION OF THE psychological damage dealt with by ask unanimous consent that the order AGREED FRAMEWORK BETWEEN THE UNITED American medical professionals who for the quorum call be rescinded. STATES AND NORTH KOREA treat mutilated woman. The PRESIDING OFFICER. Without SEC. 575. (a) This section may be cited as Finally, this amendment would en- the ‘‘Authorization for Implementation of objection, it is so ordered. the Agreed Framework Between the United sure that medical students are edu- Mr. MURKOWSKI. I ask unanimous States and North Korea Act’’. cated in how to treat women and girls consent to offer a freestanding amend- (b)(1) The purpose of this section is to set who have undergone FGM. In 1994, the ment. forth requirements, consistent with the New England Journal of Medicine re- Mr. LEAHY. Reserving the right to Agreed Framework, for the United States ported that pregnant women who have implementation of the Agreed Framework. object, I still have no idea what is in (2) Nothing in this section requires the undergone infibulation—in which the the amendment. I wonder if I might labia majora are stitched to cover the United States to take any action which have a chance at least to see it before would be inconsistent with any provision of urethra and entrance to the vagina— I agree. the Agreed Framework. are at serious risk, as are their unborn Mr. MURKOWSKI. I am happy to pro- (c)(1) The United States may not exercise babies, if treated by physicians who vide the Senator from Vermont with a any action under the Agreed Framework have not been trained in dealing with that would require the obligation or expendi- copy of the amendment. It would be a infibulated women. In fact, untreated ture of funds except to the extent and in the freestanding amendment. infibulated women have double the risk amounts provided in an Act authorizing ap- Mr. McCONNELL. May I suggest the propriations and in an appropriations Act. of maternal death and several times in- (2) No funds may be made available under creased risk of stillbirth when com- Senator from Alaska explain the amendment before he sends it up. any provision of law to carry out activities pared with women who have not under- described in the Agreed Framework unless gone mutilation. Mr. LEAHY. Mr. President, I advise the President determines and certifies to Passage of this amendment would my friend from Alaska, I do not want Congress that North Korea is in full compli- also send a clear message to American to block him from getting the amend- ance with the terms of the Agreed Frame- medical professionals, some of whom ment up, but I want some idea of what work. reportedly have been offered as much it is. Maybe he might try explaining it (d) None of the funds made available to and then remake the motion. carry out any program, project, or activity as $3,000 to perform mutilations on funded under any provision of law may be young girls. It would see to it that the Mr. MURKOWSKI. I thank my col- used to maintain relations with North Korea names of Western doctors who mutilate leagues from Kentucky and Vermont. at the ambassadorial level unless North girls would no longer be passed around My amendment adds specificity to Korea has satisfied the IAEA safeguards re- in immigrant communities. the timing as well as the sequencing of quirement described in subsection (g), the Female genital mutilation is the aspects that are key to the agreed additional requirements set forth in sub- world’s most widespread form of tor- framework on nuclear issues, which the section (h), and the nuclear nonproliferation ture, yet no other mass dilation of hu- administration signed with North requirements of subsection (i). (e)(1) The President shall not terminate manity has received so comparatively Korea last October. This would ensure the economic embargo of North Korea until little journalistic or governmental at- that everyone, including the North Ko- North Korea has satisfied the IAEA safe- tention. We in the United States reans, knows exactly how and when— guards requirement described in subsection should make it clear that it is a serious and if—the funding will be provided by (g), the additional requirements set forth in crime if it occurs here. I urge my col- the Congress or additional diplomatic subsection (h), and the nuclear nonprolifera- leagues to support this amendment as or economic steps will be taken toward tion requirements of subsection (i). an essential tool in the straggle North Korea. (2) As used in this subsection, the term ‘‘economic embargo of North Korea’’ means against the perpetuation of this hei- The amendment parallels much of the regulations of the Department of the nous practice. House Joint Resolution 83 passed Sep- Treasury restricting trade with North Korea Mr. MCCONNELL. Mr. President, I tember 18 by the House of Representa- under section 5(b) of the Trading With the am not aware of any opposition to the tives. The Senate, I think, should go on Enemy Act (50 U.S.C. App. 5(b)). Reid amendment. We are prepared to record in similar detail. (f)(1) If North Korea does not maintain the accept it. freeze of its graphite-moderated nuclear pro- I am pleased that the amendment is gram as defined in the Agreed Framework, Mr. LEAHY. Mr. President, I com- cosponsored by the chairman of the pliment the Senator from Nevada. I or if North Korea diverts heavy oil for pur- Foreign Relations Committee, Senator poses not specified in the Agreed Frame- have heard him discuss this in Appro- HELMS, as well as Senator MCCAIN, one work, then— priations Committee. I know this is of the Senate’s most respected voices (A) no additional heavy oil may be ex- something he feels passionately about. on North Korean matters, and the Sen- ported to North Korea if such oil is subject We have no objection to it. ate Republican Policy chairman, Sen- to the jurisdiction of the United States, or is exported by a person subject to the jurisdic- The PRESIDING OFFICER. The ator NICKLES. question is on agreeing to the amend- tion of the United States; ment. AMENDMENT NO. 2712 (B) the United States shall immediately The amendment (No. 2711) was agreed (Purpose: To provide authorization for im- cease any direct or indirect support for any exports of heavy oil to North Korea; and to. plementation of the Agreed Framework be- tween the United States and North Korea) (C) the President shall oppose steps to ex- Mr. REID. Mr. President, I move to port heavy oil to North Korea by all other reconsider the vote. Mr. MURKOWSKI. Mr. President, countries in the Korean Peninsula Energy Mr. MCCONNELL. I move to lay that with permission of the floor managers, Development Organization. motion on the table. I propose a freestanding amendment (2) Whoever violates paragraph (1)(A) hav- The motion to lay on the table was and ask for its immediate consider- ing the requisite knowledge described in sec- agreed to. ation. tion 11 of the Export Administration Act of 1979 (50 U.S.C. App. 2410) shall be subject to Mr. MCCONNELL. Mr. President, the The PRESIDING OFFICER. The Senator from Alaska is here. clerk will report. the same penalties as are provided in that section for violations of that Act. Mr. MURKOWSKI. Mr. President, I The bill clerk read as follows: (g) The requirement of this section is satis- ask unanimous consent that the pend- The Senator from Alaska [Mr. MURKOW- fied when the President determines and cer- ing committee amendment be laid SKI], proposes an amendment numbered 2712. tifies to the appropriate congressional com- aside. mittees that North Korea is in full compli- The PRESIDING OFFICER. Without Mr. MURKOWSKI. Mr. President, I ance with its safeguards agreement with the objection, it is so ordered. ask unanimous consent that reading of International Atomic Energy Agency Mr. MURKOWSKI. Mr. President, I the amendment be dispensed with. (INFCIRC/403), in accordance with part IV (3) of the Agreed Framework under the time- suggest the absence of a quorum. The PRESIDING OFFICER. Without objection, it is so ordered. table set forth therein, as determined by the The PRESIDING OFFICER. The Agency after— clerk will call the roll. The amendment is as follows: (1) conducting inspections of the two sus- The bill clerk proceeded to call the At the appropriate place insert the follow- pected nuclear waste sites at the Yongbyon roll. ing: nuclear complex; and September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13931 (2) conducting such other inspections in (B) a statement of the progress made on already been read, I am going to dis- North Korea as may be deemed necessary by construction of light-water reactors, includ- pense with that. I am sure the reporter the Agency. ing a statement of all contributions, direct has it. (h) The additional requirements referred to and indirect, made by any country to the Ko- Let me take a moment and review for rean Peninsula Energy Development Organi- in subsections (d) and (e) are the following, my colleagues what was in the October as determined and certified by the President zation from the date of signature of the to the appropriate congressional commit- Agreed Framework to the date of the report; framework agreement that I think de- tees: (C) a statement of all contributions, direct serves a little reflection. You will all (1) That progress has been made in talks or indirect, by any country which is not a recall that North Korea gets two 1000- between North Korea and the Republic of member of the Korean Peninsula Energy De- megawatt light water reactors at a Korea, including implementation of con- velopment Organization for implementation cost of at least $4 billion. We do not fidence-building measures by North Korea as of the Agreed Framework; know exactly what that cost might be. well as other concrete steps to reduce ten- (D) a statement of all expenditures made It might be more than that right now. by the Korean Peninsula Energy Develop- sions. North Korea gets free oil, $500 million (2) That the United States and North Korea ment Organization, either directly or indi- have established a process for returning the rectly, for implementation of the Agreed worth, until the new reactors can be remains of United States military personnel Framework; brought on line. And North Korea gets who are listed as missing in action (MIAs) (E) an estimate of the date by which North normalized relations and relaxed trade during the Korean conflict between 1950 and Korea is expected to satisfy the IAEA safe- restrictions with the United States, 1953, including field activities conducted guards requirement described in subsection which they have sought for a number jointly by the United States and North (g); of decades. North Korea gets freedom Korea. (F) a statement whether North Korea is from the IAEA special inspections for (3) That North Korea no longer meets the transferring missiles or missile technology to other countries, including those countries some years into the future. criteria for inclusion on the list maintained I might add that North Korean is the by the Secretary of State under section that are state sponsors of international ter- 6(j)(1)(A) of the Export Administration Act rorism; only country which has been exempted of 1979 of countries the governments of which (G) a description of any new developments from immediate special inspections by repeatedly provide support for acts of inter- or advances in North Korea’s nuclear weap- the International Atomic Energy Agen- national terrorism. ons program; cy, to exempt from the mandatory in- (4) That North Korea has taken positive (H) a statement of the progress made by spections. South Africa, for example, steps to demonstrate a greater respect for the United States in fulfilling its actions opened up its entire program for in- internationally recognized human rights. under the Agreed Framework, including any spection. So, clearly, what we have steps taken toward normalization of rela- (5) That North Korea has agreed to control done in North Korea is without prece- equipment and technology in accordance tions with North Korea; with the criteria and standards set forth in (I) a statement of any progress made on dent. the Missile Technology Control Regime, as dismantlement and destruction of the graph- Furthermore, we were led to believe defined in section 74(2) of the Arms Export ite-moderated nuclear reactors of North that the United States would not be re- Control Act (22 U.S.C. 2797c). Korea and related facilities; sponsible for any significant funding. I (i) The nuclear nonproliferation require- (J) a description of the steps being taken am told unofficially that after we get a ments referred to in subsections (d) and (e) to implement the North-South Joint Dec- little further along the line with the are the following, as determined and cer- laration on the Denuclearization of the Ko- commitments to provide the light tified by the President to the appropriate rean Peninsula; (K) an assessment of the participation by water reactors, we are going to be congressional committees and the Commit- asked to contribute a significant tee on Energy and Natural Resources of the North Korea in talks between North Korea Senate: and the Republic of Korea; and amount of aid for switch gear. The (1) All spent fuel from the graphite-mod- (L) a description of any action taken by switch gear is the mechanical capabil- erated nuclear reactors of North Korea have the President under subsection (f)(1)(B). ity to dispense power once the power is been removed from the territory of North (2) To the maximum extent possible, the generated, and the North Koreans do Korea as is consistent with the Agreed President should submit the report in un- not have that capability, nor do they Framework. classified form. have anywhere near the capacity in (2) The International Atomic Energy Agen- (l) As used in this section: (1) AGREED FRAMEWORK.—The term their current switching gear. They will cy has conducted any and all inspections be requesting assistance in the amount that it deems necessary to account fully for ‘‘Agreed Framework’’ means the document the stocks of plutonium and other nuclear entitled ‘‘Agreed Framework Between the of roughly $1 billion. We should see materials in North Korea, including special United States of America and the Demo- that as a likely reality. inspections of suspected nuclear waste sites, cratic People’s Republic of Korea’’, signed I have told you what was in the Octo- before any nuclear components controlled by October 21, 1994, at Geneva, and the attached ber deal and what the North Koreans the Nuclear Supplier Group Guidelines are Confidential Minute. get. Let us review what we get. We get (2) APPROPRIATE CONGRESSIONAL COMMIT- delivered for a light water reactor for North North Korea’s promise to freeze the Korea. TEES.—The term ‘‘appropriate congressional committees’’ means the Committees on For- current nuclear program, including (3) The dismantlement of all graphite- their graphite-moderated reactors and based nuclear reactors in North Korea, in- eign Relations and Armed Services of the cluding reprocessing facilities, has been com- Senate and the Committees on International reprocessing facilities; we get North pleted in accordance with the Agreed Frame- Relations and National Security of the Korea’s promise for the IAEA special work and in a manner that effectively bars House of Representatives. inspections—only we get it some 5 in perpetuity any reactivation of such reac- (3) IAEA SAFEGUARDS.—The term ‘‘IAEA years in the future, something they tors and facilities. safeguards’’ means the safeguards set forth previously agreed to in January of 1992 (j) The United States shall suspend actions in an agreement between a country and the International Atomic Energy Agency, as au- but have refused to allow. described in the Agreed Framework if North Finally, we get North Korea’s prom- Korea reloads its existing 5 megawatt nu- thorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency. ise that its some 8,000 spent nuclear clear reactor or resumes construction of nu- rods filled with weapons-grade pluto- clear facilities other than those permitted to (4) NORTH KOREA.—The term ‘‘North be built under the Agreed Framework. Korea’’ means the Democratic People’s Re- nium will not be reprocessed in North public of Korea, including any agency or in- (k) The President may waive the applica- Korea. In the interim, we have won the strumentality thereof. tion of subsection (g), (h), (i), or (j) if the right to stabilize these rods, at, appar- (5) INSPECTIONS.—The term ‘‘inspections’’ President determines, and so notifies in writ- ently, our expense. The question of means inspections conducted by the Inter- ing the appropriate congressional commit- where these rods are going to be stored national Atomic Energy Agency pursuant to tees, that to do so is vital to the security in- an IAEA safeguards agreement, including is still open—we have an issue in our terests of the United States. special inspection of undeclared information own country, a significant issue, on the (k)(1) Beginning 6 months after the date of or locations if the IAEA cannot account for unacceptability of storing high-level enactment of this Act, and every 12 months nuclear material and is therefore unable to nuclear waste rods at our power sites. thereafter, the President shall transmit to verify that there has been no diversion of nu- the appropriate congressional committees a That is what we get—promises, but clear materials. report setting forth— nothing else yet. (A) an assessment of the extent of compli- Mr. MURKOWSKI. Mr. President, in So I remain a critic of several aspects ance by North Korea with all the provisions view of the fact that much of the open- of the deal, although, as they say, of the Agreed Framework and this subtitle; ing description of the amendment has hindsight is cheap. I also recognize S 13932 CONGRESSIONAL RECORD — SENATE September 20, 1995 that the administration, of course, had ment, but the amendment does at- tailed road map for progress in the the authority to negotiate the deal. I tempt to hold North Korea to its prom- United States-Democratic Republic of have always been critical of the deal ises before the United States simply North Korea relations, while providing because I think we gave away our le- gives it everything it wants. So far we an appropriate monitoring role for verage when we allowed the North Ko- have been doing all the giving and Congress, because after all it is our reans to simply dictate the terms of North Korea has been doing all the money. the agreement. When you negotiate a taking. Eventually North Korea, too, The House has also taken similar ac- deal, there are certain things that are has to do some giving, including giving tion. I think we should take steps to on the table and certain things that up entirely its nuclear ambitions as ensure that North Korea keeps its are not on the table. The fact that we well as the sale of arms to other na- promises. I urge my colleagues and the allowed the North Koreans to be ex- tions. administration to support this ap- empt from special inspections, I think, Specifically, before the United States proach in the national interest and in was a very, very poor decision on be- fully normalizes political and economic the interest of continuity. half of the administration. Neverthe- relations with North Korea, my amend- I thank my colleagues and I yield the less, it is a decision that was made by ment would require the full implemen- floor. the administration. tation of the IAEA safeguards require- Mr. President, I suggest the absence But I do believe that Congress has a ments, including allowing inspections of a quorum. role as well, and that role has thus far of the two suspected nuclear waste The PRESIDING OFFICER. The been somewhat ignored. It has been sites; allowing the removal of all spent clerk will call the roll. piqued when we had discussions or fuel to a third country—any third The bill clerk proceeded to call the floor statements on the subject. But I country, of course, other than the roll. do not think we can ignore it any United States, by preference; and mak- Mr. McCONNELL. I ask unanimous longer, now that the administration ing progress in North-South dialog. consent that further proceedings under has turned to us for funding. I will In addition, North Korea must ad- the quorum call be dispensed with. have, in a future speech, some specific dress other areas of U.S. concern: The PRESIDING OFFICER. Without references where the administration First, they must agree to go beyond objection, it is so ordered. assured us there will be very little like- the current and very ineffective proc- Mr. McCONNELL. Mr. President, lihood of significant funding. ess for returning remains of United what is the pending business? However, today we are told the ad- States missing in action from the The PRESIDING OFFICER. The ministration has sought funding from North Korean war. Mr. President, cur- pending question is the Murkowski Congress for all aspects of the deal—all rently we have 8,177—8,177—still listed amendment No. 2712. aspects: delivering heavy oil, dealing as missing in action in North Korea. Mr. McCONNELL. Mr. President, I with spent fuel, the light water reactor We have reason to believe we know ask unanimous consent that the Mur- project, and even the setup costs of where many of those remains might be, kowski amendment be laid aside. KEDO. That is the international con- as we have identified crash sites and The PRESIDING OFFICER. Is there sortium that is attempting to put this other areas of high-intensity activity. objection? together. It is interesting to do a comparison: Without objection, it is so ordered. For fiscal year 1995, the administra- 8,177 MIA’s in North Korea, 1,621 in Mr. McCONNELL. Mr. President, on tion spent $4.7 million in emergency Vietnam. Yet the entire focus of the behalf of the Senator from Florida, Department of Defense funds. I have Nation has been traditionally on those Senator MACK, I send an amendment to heard members of the Armed Services missing in action in the Vietnam con- the desk. Committee on this floor question how flict. As a consequence of the success of The PRESIDING OFFICER. The in the world Department of Defense the joint field activities in Vietnam, clerk will report. emergency funds could ever be utilized we propose that same type of joint field Mr. McCONNELL. Not to be consid- for this purpose. But that is where the activities in North Korea. ered, just to be filed. administration saw fit to expend the Finally, North Korea must cease the The PRESIDING OFFICER. The funds. The administration took $4.7 export of ballistic missiles and related amendment will be submitted and million in emergency DOD funds and military technology. There is evidence numbered. bought heavy oil for North Korea. that North Korea is exporting missiles AMENDMENTS NOS. 2710, 2714 THROUGH 2722, EN What did North Korea do with the to Iran, among other terrorist nations, BLOC heavy oil? They were supposed to use it from time to time. Mr. McCONNELL. Mr. President, I for power generation. We know for a The amendment would also condition have seven amendments that are rou- fact some of it was funneled off into in- future funding on North Korea fulfill- tine, and as far as I know there are no dustrial complexes, and it was interest- ing the terms of the agreed framework objections to them. Let me list them: ing to note there was an increase in and the confidential minute in accord- an amendment by Senator SPECTER on military activity shortly after that oil ance with the schedule set forth on the section 660, which has to do with police flowed in, which I find rather confound- agreed framework. training; amendments for myself re- ing. Mr. President, $10 million in repro- On the particular issue of the supply garding competitive financing; an grammed Department of Energy funds of heavy oil, the amendment would re- amendment by Senator STEVENS of have been used and $4 million from re- strict U.S. support for exports of heavy Alaska dealing with the issue of map- programmed Department of State oil if North Korea diverts heavy oil to ping; an amendment by Senator KASSE- funds. purposes not specified in the agreed BAUM already at the desk regarding Li- So when the administration suggests framework or otherwise is not in com- beria; an amendment by Senator it is not going to cost much, we have pliance with the agreed framework. We BINGAMAN concerning energy; two already expended approximately $20 have already seen violations of this amendments by Senator MACK, one re- million. section of the agreement, as I have out- lating to the World Bank and one relat- For this fiscal year, the administra- lined for my colleagues. ing to the index of economic freedom; tion has requested $22 million in De- Finally, the amendment makes clear and an amendment by my colleague partment of State funds and $5 million that the United States will suspend its from Vermont on Honduras. of Department of Energy funds—about participation in the agreed framework Mr. President, I send those amend- $27 million. if North Korea reloads its existing 5 ments to the desk en bloc and I ask for If U.S. taxpayers’ funds are going to megawatt reactor or resumes construc- their immediate consideration. be used, then I think Congress must tion of nuclear facilities. The PRESIDING OFFICER. Without play a monitoring role. My legislation In concluding, let me reiterate that objection, the amendments will be con- outlines that role for the Congress. this amendment should not be seen as sidered en bloc. The proposed amendment is consist- a rejection of the committee’s original The clerk will report. ent with the agreed framework. It is language but as a necessary enhance- The assistant legislative clerk read not an attempt to sabotage the agree- ment. It contains a reasonable and de- as follows: September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13933 The Senator from Kentucky [Mr. MCCON- appeared much more interested in their would like to congratulate the man- NELL] proposes amendments numbered 2710, personal power and wealth than in the agers of this bill for the good work 2714 through 2722 en bloc. future of their country. they have done on behalf of Africa in Mr. McCONNELL. I ask unanimous After more than 5 years of brutal and this bill. The Chairman’s mark reflects consent that the reading of the amend- inhuman conflict, many in the outside cuts to the accounts that affect devel- ments be dispensed with. world had simply given up on Liberia. opment in sub-Saharan Africa, but The PRESIDING OFFICER. Without I must say that I was one who had be- they do not paralyze our program or objection, it is so ordered. come increasingly frustrated with the signal a United States withdrawal from The amendments are as follows: situation and pessimistic about the fu- the region. I think the Chairman acted AMENDMENT NO. 2710 ture of Liberia. very responsibly, and I would urge him (Purpose: Expressing the sense of the Con- Yet, in the midst of the cynicism, we and the other Senate conferees to pro- gress with respect to the peace process in have seen a dramatic and very positive tect this mark, at a minimum, in con- Liberia) breakthrough in Liberia. Last month, ference. The case for continued support At the appropriate place in the bill, insert the major faction leaders—under in- for Africa is strong, and, I believe, that the following: tense pressure from Ghanaian Presi- the United States has serious national LIBERIA dent Jerry Rawlings—signed a peace security interests in the region, which SEC. . (a) The Congress finds that— agreement in Abuja, Nigeria. Unlike make our investment there an impera- (1) the war in Liberia begun in 1989 has the previous 11 accords, many believe tive. and hope that this is a peace accord devastated that country, with more than Today I want to talk about Liberia 150,000 people killed, 800,000 people forced to with a difference. For once, the Nige- specifically, though, and to speak as a flee to other countries, and thousands of rians—the leaders of ECOWAS—and cosponsor of the Kassebaum amend- children conscripted into the rebel armies; rebel leader Charles Taylor appear to ment on Liberia, which I expect is non- (2) after nearly six years of conflict, on Au- have reached an understanding. All the gust 19, 1995, the Liberia factions signed a controversial. The amendment will major faction leaders are part of the peace agreement in Abuja, Nigeria; and make what a technical fix in existing transition. (3) the Liberian faction leaders and re- law, and permit the United States to gional powers appear to be committed to the Mr. President, I believe that now is the time for the international commu- provide assistance to Liberia to imple- most recent peace accord, including the in- ment the Abuja peace accords reached stallation of the new ruling council. nity, including the United States, to (b) It is the sense of the Congress that the respond positively to this latest devel- last month. United States should strongly support the opment. Liberia is a country founded Since 1989, Liberia has suffered some peace process in Liberia, including diplo- by a group of freed American slaves. of the most wretched and vengeful war- matic engagement, support for the west Afri- We have a long history of involvement fare in Africa. More than 180,000 people can peacekeeping force, humanitarian assist- in Liberia and, I believe, a special re- have been killed; approximately half ance, and assistance for demobilizing troops the country’s population has been dis- and for the resettlement of refugees. sponsibility for its future. (c) Section 1(b)(2) of Public Law 102–270 is This amendment expresses the sense placed; and the capital city of Monro- amended by striking ‘‘to implement the of Congress that the United States via is bursting with three times its pre- Yamoussoukro accord’’. should strongly support the recent war population. The country has been Mrs. KASSEBAUM. Mr. President, I peace accord. We should assist with the shattered by senseless ethnic and indi- rise today to offer an amendment on ECOMOG peacekeeping force. We vidual rivalries, and has been on the Liberia. I am pleased to be joined by should help demobilize the troops, verge of total collapse and anarchy. The conflict has contributed to insta- Senator SIMON, former chairman of the many of which are children. We should Africa Subcommittee, and Senator support efforts to resettle the refugees. bility throughout West Africa, and se- This amendment also facilitates the rious violence—mirroring Liberia’s fac- FEINGOLD, ranking member of the Sub- delivery of United States relief by committee. tional divides—has recently erupted in waiving the Brooke amendment for Li- This amendment expresses strong Sierra Leone. beria for these types of aid. Because of support for the latest Liberia peace I had the opportunity last year to the irresponsible fiscal policies of agreement and facilitates the provision visit Liberia with the past chairman of former President Doe and the war, Li- of limited United States assistance to the Subcommittee on African Affairs, beria is prevented from receiving any Liberia. Senator SIMON, and listened to first- nonemergency United States assist- Begun on Christmas day 1989, the hand accounts about the war. Children ance under the Brooke amendment. civil war in Liberia has devastated that were fighting children to seek revenge In 1992, I sponsored a bill—signed for relatives’ deaths, or just simply to country. More than 150,000 people have into law by President Bush—which been killed, mostly innocent women earn a day’s food; arms flow from state waives the Brooke amendment for lim- to state, available to anyone seeking and children. Upward of three-quarters ited types of assistance to Liberia. of a million people have been forced to anything explosive; and violence marks That action followed an earlier peace the life of every Liberian citizen. flee to neighboring countries. Most accord that many hoped would end the Since 1989 the United States has pro- heart-wrenching is the disastrous ef- fighting. But, as we know, the war re- vided over $380 million for humani- fect of the war on the children of Libe- sumed, and the current authority does ria. Many young boys—probably tens of not apply because the law refers only tarian relief in Liberia, and $60 million thousands—have been conscripted by to the Yamoussoukro accord. This for efforts aimed at conflict resolution. the warring factions, handed weapons amendment simply deletes the ref- The United Nations has maintained a sometimes bigger than they are, and erence to ‘‘Yamoussoukro’’ in the cur- small peacekeeping mission in Liberia, sent into battle. rent law. It does not appropriate any and the Economic Community of West Mr. President, in August 1990, the new money or affect direct spending. It African States [ECOWAS] has deployed Economic Community of West African only gives the President the limited thousands of peacekeepers in an effort States sent a peacekeeping force led by authority to support the latest peace to quell some of the violence. It has Nigeria. The force, called ECOMOG, did agreement in Liberia from existing ac- been a difficult assignment, to say the stop the rebel advance—but over time counts. least. became one of the combatants and did Mr. President, I would urge support There have been a dozen peace ac- little to bring peace to Liberia. for this amendment. I believe it is a cords in Liberia in the past 6 years. And, the situation has only become limited, but important, step in facili- They have failed for a variety of rea- more confused the last couple of years. tating United States assistance for Li- sons, but most of them were doomed The number of factions multiplied. beria at this critical time. It is my because they were not negotiated with Some of these groups have split and hope that this latest peace agreement the concept of powersharing for all the others connected with a rebel move- will hold and the devastating and bru- factional leaders; rather they sought to ment in Sierra Leone. ECOMOG formed tal conflict in Liberia will finally end. isolate some parties, in a war which alliances with certain factions. Arms Mr. FEINGOLD. Mr. President, be- nobody has won, and in fact everybody flows continued. Clearly the warlords fore I begin speaking about Liberia, I has lost. Consequently, there has not S 13934 CONGRESSIONAL RECORD — SENATE September 20, 1995 been a unified national will to stop the vance the process of reconciliation in During military operations in Gre- fighting. Liberia. nada, Panama, Somalia, and Haiti, The Abuja accord signed last month, First, we must continue to offer sup- public order broke down. Creating new though, represents a new way of doing port to the Council of State and, where public safety forces in these countries business in Liberia: for the first time, appropriate and possible, facilitate at- was essential: U.S. forces were unable all seven factions are represented and tempts at reconciliation. We should be to leave until there was a new police invested in the agreement; and for the available to President Rawlings in his force in place to protect the public. first time, there is a concept of power- efforts through ECOWAS to forge peace But section 660 prohibitions tech- sharing in Liberia. It also comes at a in the region as well. Second, we nically prevented the Defense Depart- time when the people of Liberia have should redouble efforts to work with ment—the most effective organization actively demonstrated their yearning other West African States—namely in hostile environments—from per- for an end to the war. Ghanaian Presi- Burkina Faso, Cote D’Ivoire, Sierra forming this training; as the report of dent Jerry Rawlings deserves a great Leone, and Nigeria—to stop the fla- the congressionally mandated, biparti- deal of credit for his tenacity and cre- grant arms transfers to Liberia. Third, san Commission on Roles and Missions ativity in facilitating the Abuja ac- Liberia should be designated as a prior- of the Armed Forces stated, ‘‘there are cord. I also commend the Nigerians for ity within our aid budget to Africa, and no civilian agencies capable of short the role they have played in these resources should be allocated accord- notice training in hostile, demanding groundbreaking negotiations. ingly to support the peace process. If environment. We expect DOD will con- For that reason, it is with a cautious the Abuja accords prove successful, tinue to be called upon to carry out sense of relief that I congratulate the then the Assistant Secretary of State law enforcement operations in the fu- people of Liberia on the peace agree- for African Affairs, the Honorable ture.’’ ment, and join Senator KASSEBAUM in George Moose, or other high-ranking The Commission recommended that urging support for the Abuja accord. Administration officials should con- legislation that restricts the ability of Given the discouraging history of this sider visiting Monrovia. These are all the Federal Government to conduct war, success is, quite frankly, a issues we will explore when the sub- constabulary training, for example, longshot, but this agreement is Libe- committee holds its hearings on the section 660, should be amended to allow ria’s best hope at this time for peace. prospects for peace in Liberia next greater DOD participation. The task of reconciliation in Liberia week. The Pentagon is prepared to accept is daunting, so the Abuja accord must Over the years, the United States has its responsibility for short-term train- be viewed with a healthy dose of skep- proven itself willing to contribute in ing in hostile environments, for exam- ticism. But if the parties take the first disaster assistance to Liberia. With the ple, Somalia. Before they do so, how- steps and demonstrate their commit- Abuja accord, we have a long overdue ever, they wish to see section 660 ment to the process, then the United opportunity to help support a peace. amended. States will finally have an oppor- After 6 harsh years of sadistic violence The amendment would not require tunity—after spending years of invest- and dislocation, Liberia needs this the Defense Department to do the ing in humanitarian relief for Liberia— agreement to succeed. This amendment training. Rather, it would allow the to bolster a peace. will clarify that that can happen. President to use whatever Government The first signs have been promising. I thank the Chair and yield the floor. agency he felt was appropriate. In a A ceasefire has been in place, and hold- AMENDMENT NO. 2714 lsss hostile environment, for example, Panama after Noreiga’s capture, the ing more or less, since August 26; the (Purpose: To Allow Training of Foreign Po- new transitional government, the lice Forces During and After U.S. Military FBI or other agency might do the Council of State, was inaugurated on Operations) training. September 1; an ambitious timeline for On page 81, line 21, strike ‘‘paragraph’’ and AMENDMENT NO. 2715 disarmament and demobilization has insert ‘‘paragraphs.’’ On page 81, line 23, On page 67, line 11, add the following sec- been set; and democratic elections after ‘‘enforcement.’’ insert the following: tion: have been scheduled for August 1996. ‘‘(6) with respect to assistance provided to (b) Direct costs associated with meeting a But there is a long and difficult road reconstitute civilian police authority and ca- foreign customer’s additional or unique re- pability in the post-conflict restoration of quirements will continue to be allowable ahead, with many obstacles to over- under such contracts. Loadings applicable to come. host nation infrastructure for the purposes of supporting a nation emerging from insta- such direct costs shall be permitted at the For most of the problems, the an- bility, and the provision of professional pub- same rates applicable to procurement of like swers will be hard to come by. For in- lic safety training, to include training in items purchased by the Department of De- stance, when I was in Monrovia last internationally recognized standards of fense for its own use. year, Liberia was in the process of try- human rights, the rule of law, anti-corrup- ing to disarm soldiers, pursuant to the tion, and the promotion of civilian police AMENDMENT NO. 2716 Cotonou accords. Yet all they could roles that support democracy.’’ (Purpose: To require a report providing a offer a demobilized soldier was a bag of concise overview of the prospects for eco- Mr. SPECTER. Mr. President, for two nomic growth on a broad, equitable, and rice, a jug of cooking oil, and a pair of decades, section 660 of the Foreign As- sustainable basis in the countries receiving tennis shoes—just enough to feed a sistance Act of 1961 has prohibited the economic assistance under title II of this family for a few weeks, and hardly U.S. Government from training foreign act) enough to substitute for a job as a sol- police forces. At the appropriate place in the bill, insert dier. Similarly, to reintegrate a child There are a number of exemptions, the following new section: soldier requires a school and other con- however: For example, antiterrorism SEC. . INDEX OF ECONOMIC FREEDOM. structive programs. Clearly, this will and counterdrug training have been (a) REPORTING REQUIREMENT.—The Presi- be a tremendously complicated and permitted. The foreign operations bill dent shall include in the congressional pres- long-term process—one which involves contains a new exemption; namely, for entation materials on United States bilat- eral economic assistance submitted to the not only national reconciliation, but training foreign police to monitor and appropriate congressional committees for a also the development of alternative enforce sanctions. fiscal year a report providing a concise over- economic opportunities. The 1996 foreign operations report view of the prospects for economic growth on The United States has a moral inter- contains an additional exemption; that a broad, equitable, and sustainable basis in est in the fate of Liberia, and we have is, training for monitoring and enforc- the countries receiving economic assistance responded significantly to the humani- ing embargoes. under title II of this Act. For each country, tarian disaster of the past 6 years. We Deputy Secretary John White and the report shall discuss the laws, policies and now must seize the opportunity to in- other officials believe that another ex- practices of that country that most contrib- vest in peace. While we have limited emption is needed. ute to or detract from the achievement of this kind of growth. The report should ad- funds to allocate to foreign aid at all In their view, the U.S. Government dress relevant macroeconomic, micro- this year, we can use our unique histor- should be allowed to carry out police economic, social, legal, environmental, and ical relationship with Liberia and the training during and after U.S. military political factors and include economic free- weight of creative diplomacy to ad- operations. dom criteria regarding policies wage and September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13935

price controls, state ownership of production for the implementation of additional energy in Hong Kong. Senator MCCONNELL de- and distribution, state control of financial conservation measures and for water con- serves thanks and appreciation for the institutions, trade and foreign investment, servation measures at such facilities used by work he did in seeing that bill passed capital and profit repatriation, tax and pri- the agency as are designated by the head of into law. vate property protections. the agency. The amendment adds the require- (b) COUNTRIES.—The countries referred to (2) OTHER PURPOSES.—Fifty percent of the in subsection (a) are countries— amount shall remain available for use by the ment of a report in 1996 and every year (1) for which in excess a total of $5,000,000 agency for such purposes as are designated after 2000 pursuant to the United has been obligated during the previous fiscal by the head of the agency, consistent with States-Hong Kong Policy Act. Cur- year for assistance under sections 103 applicable law. rently, reports are not required in through 106, chapters 10, 11 of part I, and (c) REPORT.— those years. The amendment also in- chapter 4 of part II of the Foreign Assistance (1) IN GENERAL.—Not later than December cludes directive language establishing Act of 1961, and under the Support for East- 31, 1996, the head of each agency described in criteria for reporting on six issues re- ern Democracy Act of 1989; or subsection (a) shall submit a report to Con- (2) for which in excess of $1,000,000 has been gress specifying the results of the actions lated to the implementation of the 1984 obligated during the previous fiscal year for taken under subsection (a) and providing any Sino-British Joint Declaration on Hong assistance administered by the Overseas Pri- recommendations concerning how to further Kong. Past reports have been deficient vate Investment Corporation. reduce energy costs and energy consumption on these points. The purpose of the di- (c) CONSULTATION.—The Secretary of State in the future. rective language, which does not shall submit the report required by sub- (2) CONTENTS.—Each report shall— amend the United States-Hong Kong section (a) in consultation with the Sec- (A) specify the total energy costs of the fa- retary of the Treasury, the Administrator of Policy Act, is to give guidance on title cilities used by the agency; III’s existing reporting requirements. the Agency for International Development, (B) identify the reductions achieved; and and the President of the Overseas Private In- (C) specify the actions that resulted in the They do not reflect a departure or a vestment Corporation. reductions. change in Congress’s stated policies in the act. AMENDMENT NO. 2717 AMENDMENT NO. 2719 AMENDMENT NO. 2721 (Purpose: To direct USAID contracting of (Purpose: To require certification by the (Purpose: To require a report providing a mapping and surveying to qualified U.S. Secretary of the State that the Inter- concise overview of the prospects for eco- contractors) national Bank for Reconstruction and De- nomic growth on a broad, equitable, and Add the following in the appropriate sec- velopment has not approved any loans to sustainable basis in the countries receiving tion: Iran) economic assistance under title II of this ‘‘To the maximum extent possible, the On page 39, after line 19, insert the follow- act) funds provided by this Act shall be used to ing: ‘‘Provided further, That not more than At the appropriate place in the bill, insert provide surveying and mapping related serv- twenty-one days prior to the obligation of the following new section: ices through contracts entered into through each such sum, the Secretary shall submit a competitive bidding to qualified U.S. con- SEC. . INDEX OF ECONOMIC FREEDOM. certification to the Committees on Appro- tractors.’’ (a) REPORTING REQUIREMENT.—The Presi- priations that the Bank has not approved dent shall include in the congressional pres- Mr. STEVENS. Mr. President, I rise any loans to Iran since October 1, 1994, or the entation materials on United States bilat- to offer an amendment which will re- President of the United States certifies that eral economic assistance submitted to the quire AID to contract out mapping and withholding of these funds is contrary to the appropriate congressional committees for a surveying work to qualified U.S. com- national interest of the United States.’’ fiscal year a report providing a concise over- panies when such work can be accom- AMENDMENT NO. 2720 view of the prospects for economic growth on plished by the private sector. a broad, equitable, and sustainable basis in (Purpose: To require additional reports pur- the countries receiving economic assistance Mr. President, I am deeply concerned suant to the United States-Hong Kong Pol- that while the Agency for Inter- under title II of this Act. For each country, icy Act (22 U.S.C. § 5731) the report shall discuss the laws, policies and national Development requires survey- At the appropriate place in the bill, insert practices of that country that most contrib- ing and mapping in countries that re- the following new section: ute to or detract from the achievement of ceive development assistance, this SEC. . REPORTS REGARDING HONG KONG. this kind of growth. The report should ad- mapping work is most often contracted (a) EXTENSION OF REPORTING REQUIRE- dress relevant macroeconomics, micro- out by AID to other government agen- MENT.—Section 301 of the United States- economic, social, legal, environmental, and cies. In many instances Federal agen- Hong Kong Policy Act of 1992 (22 U.S.C. 5731) political factors and include economic free- cies are aggressively marketing their is amended in the text above paragraph (1)— dom criteria regarding policies wage and mapping capabilities to foreign govern- (1) By inserting ‘‘March 31, 1996,’’ after price controls, state ownership of production ‘‘March 31, 1995,’’; and and distribution, state control of financial ments in direct competition with (2) by striking ‘‘and March 31, 2000,’’ and Institutions, trade and foreign investment, qualified United States companies. De- inserting ‘‘March 31, 2000, and every year capital and profit repatriation, tax and pri- spite language in previous committee thereafter,’’. vate property protections. reports, the amount of contracting for (b) ADDITIONAL REQUIREMENTS.—In light of Mr. MACK. Mr. President, once again such services has not increased. deficiencies in reports submitted to the Con- this year, I have submitted an amend- gress pursuant to section 301 of the United I encourage my colleagues to support ment to require administration reports this amendment. States-Hong Kong Policy Act (22 U.S.C. 5731), the Congress directs that reports required to on economic policies in countries re- AMENDMENT NO. 2718 be submitted under that section on or after ceiving U.S. economic assistance. It (Purpose: To reduce the energy costs of Fed- the date of enactment of this Act include de- seems to me that in the wake of the eral facilities for which funds are made tailed information on the status of, and collapse of communism and the vindi- available under this Act) other developments affecting, implementa- cation of free-market capitalist eco- At the appropriate place, insert the follow- tion of the Sino-British Joint Declaration on nomic policies, it is absolutely essen- ing: the Question of Hong Kong, including— tial that our policymakers keep in SEC. . ENERGY SAVINGS AT FEDERAL FACILI- (1) the Basic Law and its consistency with TIES. the Joint Declaration; mind the economic principles and pro- (a) REDUCTION IN FACILITIES ENERGY (2) the openness and fairness of elections to tections that have made the United COSTS.—The head of each agency for which the legislature; States the freest and strongest country funds are made available under this Act shall (3) the openness and fairness of the elec- on the face on the Earth. take all actions necessary to achieve during tion of the chief executive and the execu- AMENDMENT NO. 2722 fiscal year 1996 a 5 percent reduction, from tive’s accountability to the legislature; (Purpose: To state the sense of the Congress fiscal year 1995 levels, in the energy costs of (4) the treatment of political parties; that the Administration should expedi- the facilities used by the agency. (5) the independence of the judiciary and tiously declassify documents relating to (b) USE OF COST SAVINGS.—An amount its ability to exercise the power of final judg- equal to the amount of cost savings realized Hondurans who were allegedly ‘‘dis- ment over Hong Kong law; and appeared,’’ and for other purposes) by an agency under subsection (a) shall re- (6) the Bill of Rights. main available for obligation through the At the appropriate place in the bill, insert end of fiscal year 1997, without further au- Mr. MACK. Mr. President, the United the following: thorization or appropriation, as follows: States-Hong Kong Policy Act and the SEC. . HONDURAS. (1) CONSERVATION MEASURES.—Fifty per- reports pursuant to that act have con- (a) FINDINGS.—The Congress makes the fol- cent of the amount shall remain available tributed to United States policy goals lowing findings: S 13936 CONGRESSIONAL RECORD — SENATE September 20, 1995 (1) In 1981, a secret Honduran army death The PRESIDING OFFICER. The The PRESIDING OFFICER. Without squad known as Battalion 316 was created. question is on agreeing to the amend- objection, it is so ordered. During the 1980’s Battalion 316 engaged in a ments en bloc. Mr. MCCONNELL. For the informa- campaign of systematically kidnapping, tor- So the amendments (Nos. 2710 and tion of all Senators, I see Senator turing and murdering suspected subversives. 2714 through 2722) were agreed to en Victims included Honduran students, teach- SMITH is here and it is my understand- ers, labor leaders and journalists. In 1993 bloc. ing we will be able to have a vote on or there were reportedly 184 unsolved cases of Mr. MCCONNELL. I move to recon- in relation to the Smith amendment persons who were allegedly ‘‘disappeared.’’ sider the vote. before 7 o’clock, so all Senators should They are presumed dead. Mr. LEAHY. I move to lay that mo- be alert to the fact that there will be, (2) At the time, Administration officials tion on the table. in all likelihood, one more rollcall to- were aware of the activities of Battalion 316, The motion to lay on the table was night before we go into debate, the but in its 1983 human rights report the State agreed to. lengthy debate on the Brown amend- Department stated that ‘‘There are no politi- Mr. LEAHY. Mr. President, I ask cal prisoners in Honduras.’’ ment. unanimous-consent that tonight when Mr. SMITH addressed the Chair. (b) DECLASSIFICATION OF DOCUMENTS.—It is we have the debate under the previous the sense of the Congress that the President The PRESIDING OFFICER. The Sen- unanimous-consent request regarding ator from New Hampshire. should order the expedited declassification of the Brown amendment, the time on any documents in the possession of the Unit- Mr. SMITH. Madam President, I ask ed States Government pertaining to persons this side under my control be under the unanimous consent that it be in order who allegedly ‘‘disappeared’’ in Honduras, control of the distinguished senior Sen- to offer an amendment to the commit- and promptly make such documents avail- ator from Ohio, Senator GLENN, or his tee amendment on page 11, lines 9 and able to Honduran authorities who are seek- designee. 10. ing to determine the fate of these individ- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without uals. objection, it is so ordered. objection, it is so ordered. Mr. MCCONNELL addressed the Mr. LEAHY. Mr. President, amend- AMENDMENT NO. 2723 TO COMMITTEE ment that I am sponsoring on behalf of Chair. The PRESIDING OFFICER. The Sen- AMENDMENT ON PAGE 11, LINES 8 THROUGH 10 myself, Senator DODD and Senator ator from Kentucky. (Purpose: To prohibit financial assistance to SARBANES, calls on the administration Vietnam unless certain conditions relating Mr. MCCONNELL. Mr. President, let to declassify documents relating to in- to Americans unaccounted for from the me just say that we are hoping to han- dividuals who were disappeared in Hon- Vietnam war are met) dle an amendment or two before 7. And duras during the 1980’s. Mr. SMITH. Madam President, I send I remind everyone that beginning at 7, There is considerable evidence that this amendment to the desk and ask as Senator LEAHY indicated, there is a in 1981, a secret Honduran army death for its immediate consideration. period of 5 hours of debate on the The PRESIDING OFFICER. The squad was created with the knowledge Brown amendment which will kick in. and assistance of the American Gov- clerk will report. But we would like to handle some more The legislative clerk read as follows: ernment. It was known as Battalion amendments before then. 316, and during the 1980’s it engaged in Already I think we can see the light The Senator from New Hampshire [Mr. SMITH], for himself, Mr. THOMAS, Ms. SNOWE, a campaign of systematically kidnap- at the end of the tunnel. There is no and Mr. HELMS, proposes an amendment ping, torturing and murdering sus- reason why we cannot finish this bill pected subversives. These were labor numbered 2723 to committee amendment on sometime tomorrow. The number of page 11, lines 8 through 10. organizers, human rights activists, contentious amendments is relatively journalists, lawyers, students and Mr. SMITH. Madam President, I ask small already. So I am optimistic we unanimous consent that reading of the teachers. The majority of them were will be able to finish. Obviously we will engaged in activities that would be amendment be dispensed with. be able to finish tomorrow much more The PRESIDING OFFICER. Without lawful in any democracy. easily if we can get some more amend- At that time, the American Embassy, objection, it is so ordered. ments processed between now and 7. So The amendment is as follows: which had ample reason to know about I would invite anyone to come over. I these activities, denied them. Even At the end of the Committee amendment, know that Senator SMITH has an add the following: today, U.S. officials who were sta- amendment and may well be willing to tioned there claim not to know. PROHIBITION ON FINANCIAL ASSISTANCE TO THE offer it sometime before 7. But we SOCIALIST REPUBLIC OF VIETNAM But the fact is that as many as 184 would welcome anyone to come over. SEC. ll. None of the funds appropriated people remain unaccounted for who Mr. President, I suggest the absence or otherwise made available by this Act may may have been disappeared, and the of a quorum. be used to establish most-favored-nation Honduran Government, to its credit, The PRESIDING OFFICER. The trading status with the Socialist Republic of has undertaken to determine their clerk will call the roll. Vietnam, or to extend financing or other fi- fate. The assistant legislative clerk pro- nancial assistance to the Socialist Republic Regrettably, the U.S. Government ceeded to call the roll. of Vietnam from the Export-Import Bank of has not done all it could to assist in Mr. MCCONNELL. Madam President, the United States, Overseas Private Invest- this effort. In fact, it has been I ask unanimous consent that the order ment Corporation, or Trade and Develop- ment Agency unless the President— unhelpful. For that reason, consistent for the quorum call be rescinded. The PRESIDING OFFICER (Ms. (1) provides Congress with the original with a letter sent this week to the case-by-case analytical assessments on unac- NOWE President by Senator HARKIN, myself, S ). Without objection, it is so or- dered. counted for American servicemen from the and several other Senators, this Vietnam Conflict which were completed by Mr. MCCONNELL. Madam President, amendment calls on the administration the Defense POW/MIA Office in July, 1995; in keeping with the earlier designation to promptly make documents in its and by Senator LEAHY, I ask unanimous possession which pertain to these alleg- (2) certifies to Congress that the Socialist consent that all time in opposition to edly disappeared individuals available Republic of Vietnam is being fully coopera- the Brown amendment be under the tive and fully forthcoming, on the basis of to Honduran authorities. control of Senator GLENN. information available to the United States I understand this amendment is ac- The PRESIDING OFFICER. Without Government, in the four areas stipulated by ceptable to the other side. objection, it is so ordered. the President, namely— Mr. MCCONNELL. Mr. President, as I Mr. MCCONNELL. I suggest the ab- (A) concrete results from efforts by Viet- indicated, I am unaware of any prob- sence of a quorum. nam to recover and repatriate American re- lems with the amendments that have The PRESIDING OFFICER. The mains; (B) continued resolution of discrepancy just been submitted to the desk on this clerk will call the roll. side. cases, live-sightings, and field activities, The legislative clerk proceeded to (C) further assistance in implementing tri- Mr. LEAHY. Mr. President, I advise call the roll. lateral investigations with the Lao; and my friend from Kentucky that there Mr. MCCONNELL. Madam President, (D) accelerated efforts to provide all docu- are no objections on this side. They I ask unanimous consent that the order ments that will help lead to the fullest pos- have been cleared for adoption. for the quorum call be rescinded. sible accounting of POW/MIAs; and September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13937 (3) certifies to Congress, after consultation taken five major steps to improve rela- MIA cases, as is required by law. There with the Director of Central Intelligence, tions with Vietnam. Let me just briefly has been no response to that request that the Socialist Republic of Vietnam is reiterate those. despite the congressional testimony being fully forthcoming in providing the One, in July 1993, 2 years ago, the United States with access to those portions earlier this year that the requested in- of wartime Central Committee-level records President ended United States objec- formation would be provided to Con- and reports that pertain to the subject of tions to Vietnam having access to gress by this past July. It is a difficult Americans captured or held during the Viet- International Monetary Fund loans, a task to provide this information, and I nam War by North Vietnamese, Pathet Lao, very significant step, moving Vietnam am fully aware of that, but it has not or Vietcong forces in Vietnam, Laos, and allegedly into the international com- Cambodia; and been provided. I think Congress should munity. have this information. That is all I am (4) certifies to Congress that the Govern- Second, in September 1993, the Presi- ment of the Socialist Republic of Vietnam is asking. Let Congress get this informa- making substantial progress to address Unit- dent allowed United States companies to bid on internationally financed de- tion before any further trade decisions ed States concerns about the continued sup- are made on Vietnam. pression of the nonviolent pursuit of demo- velopment projects in Vietnam. cratic freedoms by the people of Vietnam, in- Third, in February, 1994, he ended the I think this is especially important cluding freedom of expression and associa- U.S. trade embargo. because these trade agreements with tion, and the continued imprisonment of po- Fourth, in January 1995, the Presi- Vietnam are going to be subsidized litical and religious leaders, including Amer- dent allowed Vietnam and the United through some of these international ican citizens. States to open liaison offices in our re- monetary organizations by the Amer- Mr. SMITH. Madam President, I do spective capitals. ican taxpayer. We are cutting moneys not choose to take too much of the And finally, Madam President, this everywhere to reconcile our budget, get Senate’s time. I will be very brief. I past summer the President announced know that Senator THOMAS and Sen- it balanced and have a 7-year plan to his decision to establish diplomatic re- do it, and surely the American tax- ator MCCAIN are going to be speaking lations with Vietnam. payer should not be subsidizing this for and against the amendment. So the administration has taken very country if it has not provided the infor- I am very pleased in offering this dramatic steps in the past 2 years to mation as required by the laws passed amendment to join with the distin- bring Communist Vietnam into the guished chairman of the Foreign Rela- family of nations, but it should not be by this Congress. tions Subcommittee on East Asian and one-sided, Madam President. There The third item is a breakdown of Pacific Affairs, Senator THOMAS, in of- should be a two-sided equation. 2,197 cases of unaccounted Americans fering this amendment. I very much Quite frankly, I think it is now time from the Vietnam war by country of appreciate his support. I also appre- for Vietnam to take some very dra- loss and military service. And I ask ciate the support of the Senator in the matic steps equaling in significance unanimous consent, Madam President, chair, the Senator from Maine, for her the steps taken by the President before that these referenced items be printed support and cosponsorship as well. the American taxpayer is asked to sub- The language in this amendment is in the RECORD following my remarks. sidize specific trading privileges with very straightforward. It prohibits the The PRESIDING OFFICER. Without that country. granting of any special trading privi- Specifically, I want the President to objection, it is so ordered. leges to the socialist Republic of Viet- tell us if Vietnam is fully cooperating (See exhibit 1.) nam unless the President makes two on the POW/MIA issue. That is all I am key certifications to Congress. The Mr. SMITH. Madam President, this is first of these is that Vietnam is cooper- asking—the President to say Vietnam a very reasonable amendment. I know ating fully with efforts to account for is fully cooperating with us on the there is some opposition to it, but it missing American servicemen from the POW/MIA issue. makes clear to Vietnam, it sends a I would like assurances that Vietnam Vietnam war. very strong message to Vietnam and to is addressing our human rights con- That is very straightforward. It does President Clinton about the serious- not mean that they have to provide an- cerns as well. We also would like the President to ness of our resolve in Congress to ob- swers for every single person who is tain full cooperation on the POW issue missing; some they may not be able to provide us with complete information on the status of those who are still as well as improvements in human provide. The key is, are they fully co- rights cases. It sends that message. operating with those efforts to account missing from the war, something which was required last year by a unanimous That is a reasonable message to send for missing Americans, giving us the that we expect full cooperation and we help and assistance that we need to try vote in this Chamber. By unanimous expect improvement in human rights to get information regarding our miss- vote of the Senate, we asked that infor- cases if we are going to provide tax- ing. mation on the status of Americans still Second, that Vietnam has taken missing from the Vietnam war be pro- payer subsidies to help them, the Viet- steps to improve its human rights vided to the Congress. namese, get loans. This is not an at- record, which is far from exemplary, Mr. President, for the information of tempt to replay the decision that was and that would include addressing my colleagues, I would just include made to establish full diplomatic rela- United States objections over the de- three items in the RECORD that will tions. We lost that debate, and I under- tention of American citizens now in give a perspective of where we are con- stand that. I did not like it, but I un- Vietnam. The POW/MIA-related por- cerning the issue of human rights in derstand it. But what we are trying to tion of this amendment was part of a Vietnam and the MIA/POW issue. do now is make Vietnam comply with resolution I introduced this past May The first item is an Associated Press what is required. article from last month concerning the which was cosponsored by the majority When the President is ready to tell sentencing of two American citizens in leader, Senator DOLE, and by the chair- the American people that our concerns man of the Foreign Relations Commit- Ho Chi Minh City who did nothing have been addressed, then I will with- tee, Senator HELMS, and the chairman more than try to organize a nonviolent draw any objections that I have to of the Armed Services Committee, Sen- conference in Vietnam. That was their move forward on trade. But the Presi- ator THURMOND, the Banking Commit- crime, a nonviolent conference. tee chair, the Asian Pacific Sub- I know that Senator THOMAS has al- dent must tell us, and he has not done committee and Defense Appropriations ready expanded on this issue of Viet- that. If the President is going to move Subcommittee, the Commerce-State- nam’s human rights record in a floor forward on trade, forward on establish- Justice Appropriations Subcommittee, statement he made earlier this month ing the diplomatic relations and the and the International Operations Sub- so I am not going to belabor it because mission and all of those things, is it committee. All of those chairs sup- I think he will speak to that. too much to ask to simply have the ported this. The second item is a letter I sent to President of the United States certify As my colleagues may recall, since the Under Secretary of Defense in Au- to Congress that we are receiving the coming to office, President Clinton has gust requesting information on POW/ fullest possible accounting? S 13938 CONGRESSIONAL RECORD — SENATE September 20, 1995 I hope that my colleague, the Sen- [From Reuters, Aug. 16, 1995] the final results of the comprehensive review ator from Kentucky, might take a sec- U.S. RIGHTS GROUP CONDEMN VIETNAM of Vietnam-era POW/MIA cases promised by ond look at opposition to this amend- VERDICTS Secretary of Defense Perry in his letter to (By John Rogers) the Senate Armed Service Committee dated ment because I do not think it is un- February 17, 1995. As you know this review HANOI, VIETNAM.—The U.S government and reasonable. It is really very, very spe- was initiated in response to Section 1034 of human rights groups have attacked two Vi- cific and very, very reasonable. We the Fiscal Year 1995 National Defense Au- etnamese court verdicts that showed com- should not have to fund any trade deci- thorization Act (Public Law 103–337), the in- munist authorities were maintaining a tough tent of which was to require a listing of such sions before receiving a certification stance against dissidents. from the President. It is that simple. The cases appeared likely to heighten cases by November 17, 1994. In a followup letter to me dated April 7, That is what the law provides for. strains over treatment of political offenders 1995, you stated that the Department of De- between Hanoi and Western countries with Let us hope, Madam President, that fense was giving this matter its utmost at- which it is doing increasing business, dip- the leaders of Vietnam will choose to tention and that you were confident the re- lomats said in Hanoi Wednesday. respond in a significant way to the five In Washington, the State Department view would be completed during the summer. major concessions that this President criticized prison sentences passed by a Ho You also reiterated that ‘‘the Department has already made to Vietnam. I have Chi Minh City court last week on two Ameri- will report the results of DPMO’s review to listed all five. And they have been cans of Vietnamese origin and seven other Congress on its completion.’’ Subsequently, in testimony before Congress on June 28, made in the last 2 years, not over a pe- people for attempted subversion. The nine were jailed for between four and 1995, Deputy Assistant Secretary of Defense riod of 20 years, but a period of 2, very for POW/MIA Affairs James Wold stated that rapidly. 15 years for setting up an illegal opposition party in 1992 in Ho Chi Minh City, the offi- he expected that the review would be an ‘‘all- And I would just say that if those cial Vietnam News Agency (VNA) reported encompassing look at every individual case conditions would be met, if the Viet- earlier. which would provide a solid analytic assess- namese could respond to those five The Communist Party is Vietnam’s only ment of the appropriate next steps for points, the President steps forward and legal party. achieving the fullest possible accounting.’’ I support Secretary Wold’s conclusion on June says that we have fully received now State Department spokesman David John- son said Washington conveyed its displeasure 28th with respect to this review that ‘‘our the full cooperation of the Vietnamese to Hanoi over the case. unaccounted for Americans deserve no less,’’ and we get that list on MIA’s and we ‘‘We have repeatedly voiced our support for and that he would ‘‘work to ensure that we can get the cooperation on the human peaceful expression of political views and keep our promise to them.’’ rights violations, both specifically—I urged the Vietnamese authorities to recog- It is my understanding that the above- mentioned review has now been completed think Senator THOMAS will discuss the nize that right,’’ he said. The U.S.-based pressure group Human by the Defense POW/MIA Office (DPMO), in two cases—then I think we can move Rights Watch/Asia also attacked the verdict, conjunction with J2 of the Joint Task Force on. But we should not be moving on be- as well as the jailing of a leading dissident (Full Accounting). I further understand that fore. A lot of people died in this war, Buddhist monk and five other Buddhists in the analytical product which resulted from and a lot of families are still waiting an unrelated trial Tuesday. this review has been presented to National for answers. And they deserve to have The Ho Chi Minh City People’s Court jailed Security Council and Department of Defense the President of the United States step the monk, Thich Quang Do, for five years policy level officials for comment before it is up to the microphone, face the Amer- over an attempt by dissident Buddhists to forwarded to the Congress. mount a relief effort separate from the gov- As you know, there are many of us in Con- ican people, and say very simply, the ernment’s for victims of severe floods in the gress who believe that the results of an hon- Vietnamese are fully cooperating; they Mekong Delta last year. est and thorough analytical review of out- are providing all the information that Do, deputy leader of the banned Unified standing POW/MIA cases by DPMO would they have and can provide unilaterally Buddhist Church of Vietnam (UBCV), was likely reinforce previous CIA and DOD as- to the United States of America re- tried under his lay name of Dang Phuc Tue sessments that Communist Vietnamese and garding their missing in action. When because, the government said, the case did Laotian officials have the ability to unilat- he says that, the day he says that, I not involve religious activities. erally account for several hundred missing He and his co-defendants, UBCV support- American servicemen. will be the first Senator down on the ers, were convicted of undermining national It is my hope that you will keep the com- floor to say, ‘‘Fine. Let us move on.’’ solidarity and ‘‘taking advantage of the mitment in your letter dated April 7, 1995 to That is all I am asking. That is not an right of freedom and democracy to damage ‘‘report the results of DPMO’s review to Con- unreasonable request. the interests of the government and social gress on its completion.’’ I certainly under- Madam President, I ask unanimous organizations.’’ stand the obvious interest of DOD and NSC Human rights Watch/Asia, in a statement policy level officials in the results of this re- consent that Senator DOLE be listed as sent to news bureaux in Hanoi, called for the view, especially in view of Administration an original cosponsor. release of those convicted. statements that Communist Vietnam’s The PRESIDING OFFICER. Without ‘‘In both cases, we are unaware of any evi- ‘‘splendid and superb’’ cooperation on the objection, it is so ordered. dence that the defendants have committed POW/MIA issue provided justification for the Mr. SMITH. I yield the floor. any acts that could be characterized under President’s decision to expand diplomatic international law as criminal.’’ its counsel and economic relations with Hanoi. Nonethe- EXHIBIT 1 Dinah PoKempner said. less, I hope that any objective assessments [From the Associated Press, Aug. 16, 1995] ‘‘Their offence appears to consist of having by DPMO’s intelligence analysts will not peacefully expressed controversial religious now be subjected at the policy level to ‘‘dif- STATE DEPARTMENT CALLS VIETNAMESE or political views.’’ ferent views about how things should be put JAILING OF U.S. CITIZENS UNWELCOME Western diplomats said the two cases in the report,’’ as you described on April 7th. WASHINGTON.—The State Department says showed Hanoi was not easing political con- As you know, I previously raised similar con- the jailing by Vietnam of two Vietnamese- trols despite improving relations and busi- cerns about policy level skewing of intel- Americans on subversion charges is unwel- ness ties with the West and non-communist ligence information in my March 7, 1995 let- come. Asia. ter to you regarding Secretary Perry’s Feb- In a two-day trial ending Saturday, a court The United States finally established dip- ruary 17th interim report. in Ho Chi Minh City sentenced Nguyen Tan lomatic relations with Hanoi this month, 20 Accordingly, I request that the analytical Tri, 39, to seven years in prison and Tran years after the Vietnam War. Vietnam joined results of DPMO’s comprehensive review of Quang Liem, 45, to four years on charges of the Association of Southeast Asian Nations Vietnam-era cases of unaccounted for per- trying to overthrow Vietnam’s government. (ASEAN) in July, becoming its first com- sonnel be immediately forwarded to the Con- munist-ruled member. Both hold American as well as Vietnamese gress. Aside from myself, there are several The Paris-based International Buddhist In- members of Congress, working on behalf of citizenship and have been held since Novem- formation Bureau, which acts as the UBCV’s ber 1993. Seven Vietnamese also were sen- constituents and POW/MIA families, who overseas mouthpiece, condemned Do’s con- have been waiting nearly a year to scrutinize tenced. viction and called for a retrial. David Johnson, a State Department this information. Sincerely, spokesman, said Tuesday he did not know U.S. SENATE, specific charges against the two Americans, BOB SMITH, Washington, DC, August 18, 1995. United States Senator. although U.S. diplomats attended the trial. Hon. WALTER B. SLOCOMBE, ‘‘It’s certainly unwelcome that American Under Secretary of Defense, SUBJECT: MONTHLY PW/MIA STATISTICAL citizens engaged in the peaceful expression Department of Defense, Washington, DC. REPORT of political views are arrested and impris- DEAR WALTER: I am writing to express my Background: The Department of Defense, oned,’’ Johnson said. concern that the Congress has yet to receive Washington Headquarters Service, and the September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13939 Department of State report the current num- United States-Vietnam relations, as it gained by not cooperating. The Viet- bers of Americans who are unaccounted for is his duty to do. It is my friend from namese are a lot of things, but it has in Southeast Asia: New Hampshire’s right to oppose that been my experience that they are sel- policy. And make no mistake, his dom capricious. They act in their in- FIGURE 1.—AMERICANS UNACCOUNTED FOR IN amendment is an attempt to overturn terest. Their interests are best served SOUTHEAST ASIA it. by good relations with the United Country of loss PW/MIA KIA/BNR Total Although the amendment does not States—whether or not we give them reverse the President’s decision to open MFN or OPIC credits or whatever. North Vietnam ...... 337 256 593 South Vietnam ...... 430 592 1,022 an embassy, it does prevent or at least They know that, and will act accord- Laos ...... 317 181 498 impede the development of normal re- ingly. Cambodia ...... 36 41 77 China ...... 6 2 8 lations between our two countries. I It is also in our interests to engage think that is a serious mistake; I think Vietnam. First, as I have already Total ...... 1,126 1,072 2,198 most Americans will see it as a mis- pointed out, because it best serves the * Status as of Homecoming. take, and I hope the Senate will go on cause of POW/MIA accounting. Second, Figure 2 summarizes all unaccounted for record in strong opposition to it. because we too have an interest in re- Americans in Southeast Asia by components: On the question of using trade as le- gional stability, and an economically verage to ensure continued POW/MIA sound Vietnam playing a responsible FIGURE 2.—U.S. LOSSES BY SERVICE COMPONENT progress, let me point out an incon- role as a valued member of ASEAN serves that end very well. Component PW/MIA KIA/BNR Total trovertible fact: Before the President lifted our trade embargo against Viet- I also believe that since it is not in USA ...... 353 313 666 our power to isolate Vietnam—they USN ...... 115 317 432 nam, opponents of that decision USMC ...... 101 174 275 warned that without the coercion of an have rapidly developing relations with USAF ...... 523 260 783 the rest of the world—our best hope for USCG ...... 0 1 1 embargo, the Vietnamese would stop Civilian ...... 34 7 41 cooperating with our efforts to account encouraging political reforms is to en- gage Vietnam and become more deeply Total ...... 1,126 1,072 2,198 for our remaining missing. As it turned out, quite the reverse happened. Viet- involved in their economic well-being. Madam President, I do not really Mr. MCCAIN addressed the Chair. nam’s cooperation increased. Before The PRESIDING OFFICER. The Sen- the President decided to open an em- want to debate this issue much longer. ator from Arizona. bassy in Hanoi, opponents of that deci- Few topics have been so extensively de- bated in American history as Vietnam. Mr. MCCAIN. Madam President, I had sion warned that once we abandoned Frankly, I am extremely weary of the some lingering hope that the Congress, the incentive of diplomatic relations, subject, so I will conclude with this re- or at least the Senate, had finished de- the Vietnamese would stop cooperating bating Vietnam. The President made minder. with our accounting efforts. Again, It is profoundly in our interest to his decision to normalize relations quite the reverse happened. Coopera- construct from the peace a relationship with Vietnam—a wise decision in my tion has continued. with Vietnam that serves the interest judgment—and most Americans, in- Eight sets of remains, believed to be of the Vietnamese and the American cluding most veterans, concurred in Americans, have been recovered since people far better than our old antag- that decision. Editorial opinion was al- the President announced his intention onism did. The war in Vietnam is over. most uniformly positive. to normalize relations. It is over. I respectfully ask my col- There was, of course, some inflam- During his August visit, the Viet- leagues to demonstrate that the Senate matory language coming from some namese gave Secretary Christopher a has grasped this reality and support Members of the House of Representa- 1 3 ⁄2 inch stack of wartime records, 116 the President in his attempt to make tives—but they were so few in number documents in all. something better from our future rela- as to be insignificant. Suffice it to say, Senator HARKIN, in his trip to Viet- tions with Vietnam than we were able that the President was right to nor- nam this summer, also received a great to do in our sad distant past. malize relations with Vietnam, and the many pages of documents, records from Madam President, I yield the floor. country has breathed a sigh of relief the Vietnamese Interior Ministry. Mr. THOMAS addressed the Chair. that our long war with Vietnam is Our 37th joint field operation with The PRESIDING OFFICER. The Sen- over. the Vietnamese is currently underway ator from Wyoming. It is also apparent to all that there is and yielding good results. Mr. THOMAS. Madam President, I little support in the Senate for revers- Now, the opponents of normal rela- rise in strong support of the amend- ing the President’s decision to open an tions argue that if we do not freeze the ment of the Senator from New Hamp- embassy in Hanoi. If there were such development of normal relations by re- shire to H.R. 1868, regarding the ex- support I am sure we would be debating stricting United States businesses from tending of economic benefits to the So- an amendment to prohibit funds for an trading with and investing in Vietnam, cialist Republic of Vietnam. embassy. Thus, Madam President, I Hanoi will no longer cooperate with us. I shall be brief. My associate from was lulled into the comforting, but On this, as on every occasion in the Missouri wants to speak, and we want false notion that I would not be obli- past, they will be proven wrong. They to vote before 7 o’clock. gated to debate my colleagues again on will be proven wrong because the Viet- As Senator SMITH pointed out, while the subject of Vietnam. namese, like most Americans, believe the Clinton administration has been I should have known better. it is in their interests—their best inter- quick to normalize relations with the Mr. dear friend—and he is my dear ests—to develop a strong, mutually Government of Vietnam, it has not friend—from New Hampshire is a per- beneficial relationship. Those interests been as quick to meet its obligations to sistent opponent on this question. He override any lingering resentments the Congress and the American people. has chosen to take another cut at run- from the war. For example, section 1034 of Public ning our Government’s Vietnam policy Vietnam’s interests are numerous. Law 103–337 requires the Secretary of out of his office. It is his right to make The most obvious are Vietnam’s desire Defense to provide the Congress with a such an attempt. And while I respect to enter the modern world and enjoy complete list of missing or unac- his zeal and his patriotism, I hope he the same economic growth and prosper- counted United States military person- will under stand my disappointment in ity experienced by their Southeast nel about whom it is possible that Vi- having to come to the floor to take Asian neighbors. They also are rightly etnamese and Laotian officials could issue with him again. I fear that it has concerned about regional stability and produce information or remains. become my fate to forever fight about the determination that no single power The statute mandated that report to Vietnam, and that is something I never dominate Southeast Asia. be submitted to us by November 17, anticipated when I left that country so It is for these reasons and others that 1994. When the DOD requested an ex- many years ago. Vietnam will continue to cooperate tension of the deadline to February 17, Madam President, the President of with our POW/MIA efforts. There is 1995, we did not object. We did not ob- the United States has set the policy for also the fact that there is nothing to be ject when the DOD supplied us with a S 13940 CONGRESSIONAL RECORD — SENATE September 20, 1995 sadly incomplete interim report. But, tions, are going to be providing funds Richmond who is in charge of the Joint Madam President, more than 7 months to the Vietnamese. I think they have a Task Force for Full Accounting, and he after that date, we still have not re- right to have the President of the Unit- has outlined the great lengths of co- ceived the complete report required by ed States, who implemented this pol- operation to which the Vietnamese the statute. This was not a request, not icy, stand before the Congress and the have gone. I can tell you from the men a casual invitation to provide informa- American people and say: ‘‘The Viet- who are directly involved in the effort tion. It is a legal mandate. namese are fully cooperating with the that they believe that increased con- Second, despite both administration United States Government on the ac- tacts and relations between the United and Vietnam protestations to the con- counting of our men.’’ States and Vietnam will increase our trary, I do not believe the Government I ask any of my colleagues who have ability to find out any possible leads to of Vietnam has done its fullest to ac- spoken previously in opposition to my those who remain, and they are very count for the POW/MIA’s, especially as amendment, or who will speak in the few. regards records of United States serv- future in opposition to my amendment, Those who were not lost at sea, those icemen who disappeared in, or were whether it be Senator BOND or anyone who have had any possible sightings, taken across the border into Laos. else, stand here on the floor of the Sen- there are fewer than 100 open cases, Finally, in all this controversy sur- ate and make the statement in the af- and there have been extensive efforts rounding the POW/MIA issue, we seem firmative that the Vietnamese are on behalf of each of those cases to to have lost sight of the important fact fully cooperating—fully cooperating— track them down. that there is disregard for human with the United States of America and The amendment that is offered by rights in that country. I will not go the accounting of our men. I have not our friend from New Hampshire would into detail. I put them in the RECORD heard that. set additional conditions before the ad- some time ago. If you think Vietnam has been fully ministration can go forward with addi- So I will just conclude by saying, cooperative, if you really think they tional trade ties, including Eximbank until the President can certify to us have been, vote against my amend- support, OPIC, TDA and MFN status. that, in his judgment, the Vietnamese ment; I want you to vote against my There would not, as suggested by my are living up to their expectation—that amendment. If you believe the Viet- colleagues, be any savings to the Amer- is not too much to ask—and their namese are fully cooperating on this ican taxpayer. These activities, basi- cally, are to provide assistance to promises regarding the MIA’s and issue, then vote against my amend- American businesses which are now POW’s and its international right to ment. If you believe they are not, then competing for business in Vietnam. commitment, I think it is irresponsible you should vote for my amendment. These programs carry with them their and bad judgment for us to provide I yield the floor. own conditions on when they can be funding for them. Mr. BOND addressed the Chair. utilized, and there is, in my judgment, I urge my colleagues to support the The PRESIDING OFFICER. The Sen- no reason to delay at this point the op- Senator’s amendment. I yield the floor. ator from Missouri. portunities to obtain, through better Mr. SMITH addressed the Chair. Mr. BOND. Madam President, I join The PRESIDING OFFICER. The Sen- my colleagues from Arizona and Massa- contact, information from Vietnam by ator from New Hampshire. chusetts in urging Senators to oppose allowing American businesses who are Mr. SMITH. Madam President, I say this amendment. Earlier this year, there competing for the opportunities to the Senator from Missouri, I will President Clinton made the decision to in a growing market to go further. I believe that the demonstrated ac- take just a couple minutes. restore diplomatic relations with Viet- tivities, the demonstrated efforts by I ask for the yeas and nays on the nam. That was a correct decision for the Vietnamese have justified the amendment. him to make, one which I supported President’s announcement on the sign- The PRESIDING OFFICER. Is there a and I believe a majority of this body ing of the relationship agreement with sufficient second? supported. Vietnam that the conditions are being There appears to be a sufficient sec- Frankly, when the President an- complied with. ond. nounced his recognition of Vietnam, he That does not make sense. It would The yeas and nays were ordered. made an announcement at the time only have the impact of keeping United Mr. SMITH. Madam President, I have that the conditions had been complied States firms from being competitive a couple of brief responses. with. I think it is time the United with their European, Japanese, and I thank my colleague from Wyoming States restore relations with Vietnam. Taiwanese competitors. It will do noth- for his remarks. He has been very help- It is in the best interest of the United ing to help the MIA search. ful on this issue. This amendment, I States and in the best interest of the All of these programs carry require- want to point out, does not reverse families of those soldiers who continue ments that must be met in terms of anything the President has already to be missing in action. human rights certifications, labor cer- done. It does not reverse the diplo- I did not serve in Vietnam, as did my tifications, and so forth. It does not matic ties, it does not go back and re- colleagues from Arizona, Massachu- make sense to add additional require- play the war, it does not mean that setts, and New Hampshire, but I have ments. Senator SMITH is running Vietnam pol- traveled, however, to Vietnam in the Certainly we need to keep pressure icy out of his office. What it does mean past year. I participated in extensive on the Vietnamese Government to help is that this debate continues because meetings with our military officials us with the MIA search, and certainly this is a one-sided equation. It contin- there who are responsible for discover- we need to keep pressure on them to ues because the President of the United ing the fate of those missing in action. improve human rights. States has made significant move- I came away from every single one of However, it only makes sense to in- ments. Some of us oppose those move- those conversations with the same crease bilateral ties, increase trade ments, but we are not replaying that. clear message, and that is, the Viet- ties, and have as many Americans over He made those decisions, and he moved namese are working very hard to meet there. That increased contact is the forward. our request for assistance. I got the best thing we can do to influence their I respect the will of the majority. same message in June when I met with conduct. That decision has been made. I am not the Presidential delegation who just Ms. SNOWE. Mr. President, as a co- replaying that. But what I am trying returned from meetings in Vietnam. sponsor, I rise in support of the amend- to point out is that the Vietnamese Vietnam has allowed us to conduct ment offered by the Senator from New have not responded in kind to those field exercises, allowed us to dig up Hampshire, Senator SMITH. moves. I think we have an obligation military cemeteries. Mr. President, I would like to recog- to the families who still wait for an- Can you imagine our permitting a nize the distinguished Senator from swers to have them respond in time be- nation with which we engaged in armed New Hampshire for his tireless efforts fore the taxpayers of America, through conflict to come in and dig up Arling- on behalf of the families of American subsidizing the International Monetary ton? You talk about cooperation. I had POW’s and MIA’s. As a Vietnam vet- Fund and other international organiza- the opportunity to talk with Col. Mel eran, he has always kept first in his September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13941 concern the fate of those American ican Prisoners and Missing in South- I ask unanimous consent that I be men and women who never returned east Asia has also criticized those, permitted to proceed for no longer than from this most divisive of all of our ‘‘commending Vietnam for full POW/ 3 minutes. wars. MIA cooperation despite evidence to The PRESIDING OFFICER. Is there This amendment puts aside the con- the contrary.’’ objection? troversies over President Clinton’s de- In fact, the league has noted that ac- Without objection, it is so ordered. cision to grant full diplomatic rela- tions the United States already took Mr. KERRY. I thank the Chair. I will tions to the Socialist Republic of Viet- leading up to the President’s normal- be very, very brief. There are times nam. Rather, this amendment simply ization decision have, ‘‘signaled Viet- when many of us have been prompted says that Vietnam will not receive nam that unilateral actions on their to come to the Senate floor in order to most favored nation trading status, or part are not expected nor required to solicit action from the Congress on the other trade benefits until the President achieve their political and economic basis that the President was not doing reports to Congress that Vietnamese objectives.’’ something or we were engaged in a bad officials are fully meeting United And since the President ended the policy. But, as my colleagues on the States expectations on the POW/MIA United States embargo on Vietnam, other side of the aisle know—and I issue. only eight Americans who were cap- know the Senator from Arizona has fol- I would like to emphasize that the tured or became missing in action in lowed this as closely as anybody in the criteria the President would have to North Vietnam have been accounted Senate—the President has been pursu- certify are drawn directly from the for. ing a very deliberate, very careful, very President’s own past statements on the I believe that we should have been cautious strategy with respect to Viet- strict standards he would use for judg- more insistent in using the consider- nam and, step by step, has guaranteed ing whether the Vietnamese have in- able leverage we have with Vietnam— that they are cooperating fully in the deed been entirely cooperative in leverage that we are in danger of process of accountability. achieving the fullest possible account- throwing away if this amendment is We have heard these arguments be- ing of America’s MIA’s. not approved. Vietnam is anxious to es- fore. Each year, when we have heard We all have the same goal, which is tablish close economic and political these arguments, we have seen irref- to achieve the fullest possible account- ties to the United States as a counter- utable proof that Vietnam is cooperat- ing for those Americans who did not re- weight to China, its traditional rival to ing to the best of our military com- turn from Vietnam. But the families the north. mander’s judgment, to the best of the But to me, and I believe to most and loved ones of those Americans are judgment of the people in the field. Americans, full cooperation in ac- not able to so easily put this issue be- I would think most of my colleagues counting for our remaining MIA’s hind them. They have a need to know; would feel that this is really an exces- should have been an absolute threshold they have a right to know. sive intrusion on the part of the Con- that Vietnam was required to meet be- And that leads to what I believe this gress, an unwarranted intrusion into fore we took the final step of rewarding issue is all about: that is, what does the legitimate powers of the President, the Vietnamese Government with a full this nation stand for? My personal be- and at a time when there is nothing United States trade relations. lief is that a basic principle is at stake that suggests that anything but a care- The only step remaining is the grant- ful and deliberative accounting process here. ing of full trading relations to Viet- What America is all about requires is going on. nam. I believe that the status of our re- Finally, there is language in this par- us to keep our faith with the families lations with Vietnam are still too new of those who remain missing and who ticular amendment which is so and too uncertain for such a precipi- unspecific, nonspecific, as to open a are unaccounted for from the Vietnam tous step. Granting this final conces- war. This argues for using the leverage Pandora’s box of capacity for really an sion now is simply too great a risk, imprecision that allows nobody to we have to ensure the greatest possible given continuing grave uncertainties accounting for these missing Ameri- know exactly what documents we are about the true level of Vietnamese asking for, and precisely who has them. cans. knowledge about the fate of the many To this end, the United States has al- I say that based on my knowledge of of the Americans who never returned. this issue, at this point, there is no ready come half way. Indeed, we have And the POW/MIA issue does remain knowledge that they even exist. So we, come more than half way. in question. The names of 58,196 Ameri- once again, begin chasing one of the In just the past 19 months, the Unit- cans have been etched into the reflec- mythical dragons. I think it is unnec- ed States lifted its economic and trade tive walls of the Vietnam Veteran’s essary. I associate myself with the embargo, permitting full trade rela- Memorial. Listed with them, each comments of my colleagues on the tions and investment by U.S. compa- marked with a simple cross, are the other side of the aisle. nies in the country. In addition, we names of 2,205 Americans still unac- reached an accord with Vietnam set- I yield the floor. counted for in Vietnam. This means The PRESIDING OFFICER. All time tling property claims between our two that for every 25 young Americans who governments; we have established in has expired. gave their life in Vietnam, an addi- Mr. MCCONNELL. Mr. President, it is Hanoi a United States liaison office tional American simply disappeared my understanding that the yeas and staffed by American diplomats and and was never heard from again. nays have been ordered on the Smith functioning as a lower-level diplomatic A much more reasonable approach, I amendment. presence; we have signed a diplomatic believe, is the approach proposed by The PRESIDING OFFICER. The Sen- agreement protecting United States the Senator from New Hampshire, Sen- ator is correct. citizens who may reside in or travel to ator SMITH. The Smith amendment Mr. MCCONNELL. I suggest that we Vietnam; and we have established full would ensure that our duty and obliga- vote. diplomatic relations with Vietnam. tion as a nation is fully met to our The PRESIDING OFFICER. The For years the Government of Viet- MIA’s and their families before we in question is on agreeing to the amend- nam refused to provide even the slight- the U.S. Senate endorse full trade rela- ment. est assistance in resolving these MIA tions between our two countries. The yeas and nays have been ordered. cases. Vietnam only began—grudg- I urge adoption of the Smith amend- The clerk will call the roll. ingly—to assist in accounting for these ment, and I yield the floor. The bill clerk called the roll. missing Americans when the country Mr. KERRY addressed the Chair. Mr. LOTT. I announce that the Sen- lost its patron with the collapse of the The PRESIDING OFFICER (Mr. ator from Oregon [Mr. HATFIELD] is ab- Soviet Union. THOMAS). The Senator from Massachu- sent due to illness. In the words of the American Legion, setts. I further announce that, if present ‘‘Vietnam’s cooperation on the resolu- Mr. KERRY. The hour of 7 o’clock and voting, the Senator from Oregon tion of the POW/MIA issue has not ful- will momentarily arrive. I know the [Mr. HATFIELD] would vote ‘‘nay.’’ filled reasonable expectations.’’ The Senate is under a UC to go into certain Mr. FORD. I announce that the Sen- National League of Families of Amer- business. ator from Delaware [Mr. BIDEN], and S 13942 CONGRESSIONAL RECORD — SENATE September 20, 1995 the Senator from West Virginia [Mr. United States, has helped the United Mr. PRESSLER. Mr. President, let ROCKEFELLER] are necessarily absent. States when we were involved in assist- me give a little history of how this The PRESIDING OFFICER (Mr. ing rebels in Afghanistan, has helped amendment came about, if I may be al- BURNS). Are there any other Senators the United States in connection with lowed to do so. in the Chamber desiring to vote? the return of fugitives fleeing justice In the mid 1980’s, the Carter adminis- The result was announced—yeas 39, here in this country, has moved in tration had shut off aid to Pakistan be- nays 58, as follows: spite of great difficulties more and cause of their alleged nuclear activi- [Rollcall Vote No. 453 Leg.] more toward a democratic system and ties. In about 1985, there was an amend- YEAS—39 toward a system based on free market ment in the Foreign Relations Com- Abraham Faircloth Mack economies. mittee known as the Cranston amend- Brown Feingold Moseley-Braun As the Senator from Colorado has ment which would have legally shut off Byrd Gramm Nickles pointed out, in a very difficult part of aid to Pakistan. The Reagan adminis- Campbell Grams Santorum the world, this nation has helped in the Coats Grassley Shelby tration at that time asked me to offer Cohen Gregg Smith pursuit of peace and security and sta- an amendment to the Cranston amend- Conrad Hatch Snowe bility. ment which would allow Pakistan to Coverdell Helms Stevens I should like to say that in the most Craig Hutchison Thomas get money. The amendment said that D’Amato Inhofe Thompson profound sense, as we deal with this Pakistan would receive United States DeWine Kempthorne Thurmond issue, that friendship and that assist- aid money and buy military aircraft, Dole Kyl Warner ance is almost irrelevant. This debate Dorgan Lott Wellstone and so forth, so long as the President in this body at least is not so much could certify that they did not have a NAYS—58 about Pakistan and India as it is about nuclear weapon. the United States, its administration, Akaka Frist McCain Now, under the terms of that agree- Ashcroft Glenn McConnell and this body. Baucus Gorton Mikulski Mr. President, a great nation honors ment, Vice President Bush at that time Bennett Graham Moynihan its commitments. This Nation has re- and others were promised by the Paki- Bingaman Harkin Murkowski stanis that they were not developing a Bond Heflin pudiated its commitments and should Murray nuclear weapon and that the so-called Boxer Hollings Nunn reverse its course of action and em- Bradley Inouye Packwood Pressler amendment would never come Breaux Jeffords brace that part of honor once again. Pell into effect. Indeed, until 1990, Pakistan Bryan Johnston This Nation permitted the manufac- Pressler Bumpers Kassebaum received aid and received military Pryor ture and sale to Pakistan of certain Burns Kennedy military aircraft. They have been equipment and there was military Chafee Kerrey Reid sales. Cochran Kerry Robb bought and paid for, and yet for years Daschle Kohl Roth we have not only denied the right of Then, in 1990, then President Bush, Dodd Lautenberg Sarbanes the purchaser to take possession of who had been Vice President at the Domenici Leahy Simon original time we worked this out, was Exon Levin Simpson those aircraft, we have added insult to Feinstein Lieberman Specter injury by not showing our willingness, President and his administration could Ford Lugar having set this policy, to pay back the no longer certify that Pakistan did not have a nuclear weapon. So, in other NOT VOTING—3 purchase price and in fact are demand- words, President Bush concluded that Biden Hatfield Rockefeller ing from Pakistan payment for storage charges for the aircraft. Pakistan had not told the truth and it So the amendment (No. 2723) was re- That is not the action of an honor- was buying arms under false premises. jected. able country. That is not the action of That is the twist to this debate which Mr. HARKIN. Mr. President, I move a nation which keeps its commitments. seems to have been forgotten. Origi- to reconsider the vote. I strongly suspect that the Senator nally, Pakistan supported the Pressler Mr. BROWN. I move to lay that mo- from Colorado would prefer simply that amendment. Originally, the Pressler tion on the table. we keep our original agreement. He has amendment was a means to help Paki- The motion to lay on the table was not gone so far. He has simply sug- stan get money and to buy arms pro- agreed to. gested that those items of military vided that she was not developing a nu- AMENDMENT NO. 2708 equipment that are owned by Pakistan clear weapon. The PRESIDING OFFICER. The Sen- that are here for repair, which have That seems to have been forgotten in ator from Colorado. also effectively been confiscated by the this whole debate, because we talk Mr. BROWN. Mr. President, I believe actions of our Government, be returned about countries’ honor and countries’ the next item on the agenda is the de- to Pakistan and that in the most mod- decency, and so forth. There are many bate scheduled on the Brown amend- est possible way of dealing with the twists to this story regarding the Pres- ment. I would like at this time to yield aircraft, they be sold to third parties sler amendment. Since 1990, each year 5 minutes to the distinguished Senator and the proceeds of those sales be re- our CIA with our technical means of from Washington. turned to the nation which has paid for assessment has concluded that Paki- The PRESIDING OFFICER. The them. stan does, indeed, have a nuclear weap- Chair advises the Senate that on the I wish we were voting on a more deci- on, although Pakistan has continued to Brown amendment No. 2708, there will sive action, Mr. President. I have that deny that, although on one or two oc- be 5 hours of debate equally divided, wish not so much because of a strong casions their top generals have said and the Senator from Colorado yields opinion on the rivalry between India that that is true. to the Senator from Washington, [Mr. and Pakistan as I do to remove this GORTON]. blot from our own record. As I said ear- Another complex thing in this whole The Senator from Washington. lier, an honorable nation keeps its matter is that there seems to be two Mr. GORTON. I thank the Chair. commitments. We have not kept our distinct governments in Pakistan. And I appear here this evening to add my commitments. We should do so to the let me say, first of all, I like Pakistan. voice to my vote in supporting the extent required by this amendment. I have been to Pakistan several times. amendment of the Senator from Colo- Mr. PRESSLER addressed the Chair. I want our country to be friends with rado. Much, perhaps all, that needs to The PRESIDING OFFICER. Who Pakistan. I have been up to the Khyber be said on this issue has already been yields time? Pass. I know that Pakistan has been said, but I believe it important that Mr. PRESSLER. Mr. President, will our ally and Pakistan has done a great there be more voices than the handful the Senator yield me time? deal for and with the United States, that have spoken out so far. Mr. GLENN. I yield the Senator 20 and we have done a great deal for Paki- The Senator from Colorado has minutes. stan. I want to be friends with India pointed out that in spite of the policies The PRESIDING OFFICER. The Sen- and Pakistan in the long run. I think of the United States, Pakistan has con- ator from South Dakota is recognized China is driving the nuclear weapons tinued to be a friend and an ally of the for 20 minutes. race over there, basically. And China September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13943 really is the country we should be wor- amendment, we are accepting nuclear escape history. We cannot escape the ried about. So I am not here to beat up proliferation. fact that the United States subsidized on Pakistan or to criticize it. Now, let me say, Mr. President, I Pakistan’s nuclear weapons program But I would also say that I have had think it is very strange that the Clin- for 5 years after the Pressler amend- some good talks with the Prime Min- ton administration, with all the things ment became law. We cannot escape ister of Pakistan about trying to get President Clinton and AL GORE have the fact that Pakistan repeatedly as- this resolved. The problem is that it is said about nonnuclear proliferation, sured its ally, the United States, it was the Pakistani military who really that they would allow support for this not pursuing a nuclear weapons pro- makes the decisions, I think, on the amendment or they would give support gram. Prime Minister Benazir Bhutto issue of nuclear weapons and on wheth- for this amendment, because we are ex- stood in this building—in the House er or not they possess them. So that is cusing nuclear proliferation, we are ex- Chamber—on June 7, 1989, and stated: how we have gotten to where we are cusing a country that promised us, ‘‘Speaking for Pakistan, I can declare today. that made a deal with us, that they that we do not possess nor do we intend Now, it is proposed that we are some- would not develop a bomb. We are giv- to make a nuclear device. That is our how guilty or we have done something ing them a carte blanche to go ahead. policy.’’ The opposite was true in each wrong as a nation. But Pakistan pur- In fact, a number of Senators be- case. chased these planes while knowing lieved enough evidence existed to ver- Mr. President, we cannot escape his- very well that they were developing ify Pakistan’s drive for the bomb, and tory. nuclear weapons, knowing very well strong enforcement of United States We also were given assurances by that we had a law against it, knowing laws that would result in an immediate Pakistan’s government regarding the very well that they would not be able cutoff of United States aid. The Pres- level of enrichment of its uranium, for- to be delivered if that were discovered. sler amendment was designed to avoid eign nuclear procurement, cooperation And in 1990 that was discovered. So an immediate United States aid cutoff, with communist China, and other re- there has been kind of a twist put on but reinforce our Nation’s policy that lated nonproliferation issues. In each this whole thing that is a reverse twist it would not condone—through United case, the Government of Pakistan so to speak. States taxpayer dollars—Pakistan’s broke its word. Now, Mr. President, the three key drive for the bomb. In addition, the Thus, despite United States law, de- powers in the region—Pakistan, India, Pressler amendment was designed to spite clear United States policy, and and China—have nuclear weapons pro- give Pakistan a financial incentive to despite repeated assurances from its grams. A fourth, the renegade terrorist ensure that its nuclear program served leaders, Pakistan built a nuclear weap- state of Iran, will stop at nothing to a peaceful purpose. In short, the Pres- ons program and used American tax- acquire nuclear capability. All are sler amendment was designed to send payer dollars to do it. Those are the facts. We cannot es- striving to obtain modern delivery sys- one message: Nuclear proliferation has cape history. tems, such as ballistic missiles and air- a price. Mr. President, those were the key Yet, we are here today to consider an craft. There also have been credible re- reasons why the U.S. Congress adopted amendment that ignores history. Even ports that Pakistan has received from the Pressler amendment 10 years ago. worse, if we adopt this amendment, we Communist China M–11 ballistic mis- It was the right thing to do. President would be condemning ourselves to re- sile technology. Without question, a Ronald Reagan agreed. So did the Gov- peat history. Nothing in the Brown nuclear war in South Asia would be ernment of Pakistan at that time. Let amendment would ensure that Amer- cataclysmic. The names of the per- me repeat that: the Government of ican taxpayer assistance would not fur- petrators, and their accessories, would Pakistan supported the Pressler ther directly or indirectly Pakistan’s be cursed for a millennium. amendment. It gave our Government bomb program. Do any of my col- To its credit, Mr. President, the U.S. its assurance that it was not pursuing leagues believe we should reverse this Senate consistently has taken initia- a nuclear bomb program. By support- long-standing United States policy? tives to promote peace and stability in ing the Pressler amendment. Pakistan Should we risk once again subsidizing South Asia—the core of that leadership agreed that if it acquired a nuclear ex- Pakistan’s nuclear bomb program with has been the Senate Foreign Relations plosive device, it deserved the penalty the American people’s tax dollars? Cer- Committee. In 1985, the committee— of a United States aid cutoff. tainly not. That is the fundamental under the able leadership of the distin- In 1990, President Bush could no reason why this amendment should be guished senior Senator from Indiana longer certify, under the terms of the defeated, because that is exactly what [Mr. LUGAR]—voted to adopt my Pressler amendment, that Pakistan did it would do. amendment that allowed United States not possess a nuclear explosive device. So, Mr. President, what I am saying aid to Pakistan to continue as long as As a result, all United States economic to you, in the past, American tax dol- the President could certify that Paki- and military aid to Pakistan was ter- lars directly or indirectly have been stan was not in possession of a nuclear minated. Further, a $1.4 billion com- used to develop a nuclear bomb in explosive device—the so-called Pressler mercial order of military equipment to Pakistan. The passage of this amend- amendment. Pakistan was put on hold. ment will allow American taxpayers’ Why did the committee take this ac- Now, Mr. President, it is clear that dollars to be used in that regard again. tion? At that time, Pakistan was the Pakistan possesses nuclear weapons. It I urge my colleagues to consider the third largest recipient of United States is also clear that Pakistan was pursu- impact of unconditionally reversing a foreign assistance, receiving as much ing a nuclear bomb program between fundamental element of U.S. nuclear as $600 million annually. Pakistan and 1985 and 1990, despite repeated public nonproliferation policy. I ask my col- its people were instrumental in chan- assurances that it was not. During that leagues to consider what signal this neling American resources to Afghan time, Pakistan received approximately amendment would send to other na- rebels as they sought to repel Soviet $3.5 billion in United States foreign tions who play by international non- invaders. aid. Again, the Government received proliferation rules. Frankly, it sends U.S. officials rightly were concerned, these funds from the American tax- the worst possible message: nuclear however, that government in payer in return for its assurance that it proliferation pays. Islamabad at that time was intent on would not go nuclear. Yet, the reality Mr. President, some years ago I developing a nuclear weapon—a course was that the existing government in served as chairman of the Arms Con- of action clearly not in our national in- Pakistan in fact produced nuclear ex- trol Subcommittee of the Foreign Re- terest. plosive and used the American people’s lations Committee. We held numerous I have recounted the events, but the money to do it. That was an extraor- hearings, and we urged other nations purpose of the Pressler amendment was dinary act of deception. to engage in nonproliferation policies. designed to send one message: Nuclear That is the history behind the Pres- We have elaborate schemes and trea- proliferation has a price. And if we are sler amendment. And to borrow the ties. This amendment would leave a big going to do what is in the Brown words of Abraham Lincoln, we cannot hole and set a terrible precedent for S 13944 CONGRESSIONAL RECORD — SENATE September 20, 1995 our nuclear nonproliferation efforts cepted the potential price if it develop- sance aircraft with offensive capabili- throughout the world. ment the bomb. I believe my friend and ties. The military aid package also in- Perhaps no issue is more critical to colleague from Ohio, Senator GLENN, cludes torpedoes and missiles that can our national security—and the security said it best in 1989 when he said: be launched from a P–3. The P–3’s of all people—than nuclear non- ‘‘There simply must be a cost to non- would give Pakistan greater naval sur- proliferation. I agree strongly with the compliance—when a solemn nuclear veillance and striking capabilities than Senator from Colorado that we must pledge is violated, the solution does the aircraft Pakistan currently uses, improve our relations with Pakistan. not lie in voiding the pledge.’’ the French-made Atlantique. And I would like for us to be friends The Brown amendment proposes that In addition, as the Department of De- with Pakistan. I consider myself a very solution. We are being asked to fense admitted, the F–16 components in friend of Pakistan. Very few would dis- void a portion of this contract by al- the military package represent a reli- agree. The question is: How? My con- lowing nonmilitary aid to resume un- ability upgrade of Pakistan’s F–16 air- cern here is that our nuclear non- conditionally. craft, which are capable of carrying nu- proliferation policy will made a sacrifi- Second, we are being asked to set clear weapons. Given our longstanding cial lamb on the alter of better rela- aside Pakistan’s contract with Amer- policy on nuclear nonproliferation, I do tions with Pakistan. ica so that the administration can de- not understand why the Clinton admin- The Pressler amendment has liver without conditions nearly $400 istration would seek to improve Paki- achieved a number of successes in the million of United States military stan’s nuclear delivery capability with area of nuclear nonproliferation. First, equipment previously purchased by United States-made equipment. through never verified, Pakistan Pakistan. This package—part of a larg- I recognize that the Senator from claims it has ceased developing weap- er $1.4 billion order that included 28 F– Colorado has gone to great lengths and ons grade enriched uranium. Second, 16’s—includes P–3C Orion antisub- made every conceivable effort to reas- the threat of Pressler sanctions has de- marine aircraft, Harpoon and Side- sure his colleagues that this military terred a number of states that pursued winder missiles, and engines and parts package would not upset the strategic active nuclear weapons research pro- for Pakistan’s existing fleet of Cobras balance between India and Pakistan. grams in the 1980’s, including Argen- and F–16 aircraft, which are capable of However, the Indian Government as- tina, Brazil, South Korea, Taiwan, and carrying nuclear weapons. sessed this package on all levels—polit- South Africa. Though it supported its 1985 contract ical, strategic, and diplomatic. It con- Second, despite what’s being said, nu- with America, the Government of cluded it would have no choice but to clear nonproliferation does not dis- Pakistan now argues that we should ei- engage in additional military procure- criminate against Pakistan. ther return the military equipment or ment if this transfer goes through. Pakistan is not the only country that pay back Pakistan. In short, we are Why should the United States risk a is identified by name for nonprolifera- being asked to honor our military con- potential arms race in an already un- tion sanctions. For years a number of tract with Pakistan. The reason why stable South Asia? other countries have been designated the equipment and the funds remain Second, the military transfer could for special controls and sanctions. out of Pakistan’s hands is because inadvertently improve the terrorist China has been singled out for viola- Pakistan was found in 1990 to have vio- state of Iran’s military capability in tions of ballistic missile sanctions. lated its 1985 contract with America. the region. According to news reports, Yet, ironically, Pakistan is the only Pakistan knew that if the Pressler con- Iran and Pakistan have been coopera- country to receive waivers of United tract was violated, its military con- tion on nuclear weapons research for a States nonproliferation laws in order tract would be put on hold. I recognize decade. Also, Iran and Pakistan have to receive United States aid. One eight that is a tough deal. Again, nuclear been engaged in cooperative military occasions, Congress authorized special proliferation has a price. efforts dating back as far as last year, waivers of United States nonprolifera- However, I am willing to consider op- when the two countries conducted joint tion laws just for Pakistan. The Pres- tions to compensate Pakistan. In fact, naval maneuvers in the Arabian Sea. I sler amendment itself was effectively a I would not oppose using proceeds from was disturbed to learn that a new waiver to prevent tougher enforcement a third party sale of any of the equip- round of naval maneuvers is scheduled of U.S. law. Yes, Congress has engaged ment to reimburse Pakistan. That is a later this fall. in special discrimination, but it was fair approach. Given this sustained Pakistan-Iran discrimination in favor of Pakistan, To his credit, President Clinton took cooperation, the P–3’s take on added and against all other countries that my suggestion to seek a third party significance. The P–3’s surveillance ca- play by international nonproliferation sale of the 28 F–16 aircraft sought by pability would cover the entire Arabian rules. Pakistan. I commend the President. It Sea and the entire Persian Gulf. The In addition, Mr. President let me was a wise move for one simple reason: data from this extended surveillance— point out that our relationship with F–16’s are capable of carrying a nuclear data on the movements of our own India is impacted by United States payload. It would be contrary to the Navy in the region—surely would be of nonproliferation policy. Because of In- spirit and letter of our Nation’s nu- critical use to Iran as it seeks to ex- dia’s unsafeguarded nuclear program, clear nonproliferation policy for the tend the reach of its naval power. there is no United States/Indian agree- United States to waive a nonprolifera- Is there anything in the Brown ment for nuclear cooperation. United tion law so that Pakistan could take amendment that would require a writ- States military cooperation with India possession of nuclear delivery vehicles. ten assurance from Pakistan that the is merely consultative. The United That is one of the main reasons why P–3’s or any other United States made States will not export certain forms of I called for a third party sale of the F– military equipment would not be used missile equipment and technology to 16’s last May. However, I also stated I to benefit a terrorist country? No. India and any other goods that are re- would oppose the return of any mili- If that is the case, why would we in- lated to weapons of mass destruction. tary equipment to Pakistan that would advertently enhance Iran’s military al- It is true that United States sanctions serve to undermine our nuclear non- liance with Pakistan to the detriment have not been invoked against India, proliferation goals, and add to the cur- of our own naval forces, and our friends but that is because India has not vio- rent instability in the region. That is and allies in the region? It makes no lated its commitments under United why I am opposed to the Brown amend- sense. States law. Mr. President, the bottom ment. Finally, this transfer sends the worst line is this: in 1985, the Government of The military transfer called for in possible message: nuclear proliferation Pakistan agreed with the United the Brown amendment is ill-advised for pays. States government that future United three key reasons: In this case, a country that has gone States aid would be tied to its develop- First, it would spark a renewed arms into nuclear proliferation, after it ment of a nuclear explosive device. race between Pakistan and India. As agreed with us not to, is being re- That was Pakistan’s contract with my colleagues know, P–3’s serve a dual warded, and we are supposed to have America. Pakistan understood and ac- function—they are naval reconnais- sanctions against countries that have September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13945 entered into agreements and broken [From Nuclear Fuel, Aug. 28, 1995] However, sources said that in late 1991, them. So we are rewarding nuclear pro- SIEMENS VENTURE BELIEVED USED IN after the permit was awarded but before the liferation in this very move. PAKISTAN CENTRIFUGE QUEST magnets were exported, the manufacturer (By Mark Hibbs) became aware of the potential use of ring The Clinton administration assured magnets containing cobalt in gas Congress that the United States would Departing from company procurement ultracentrifuges. The company then con- rules, Pakistan in 1991 used a national tele- oppose any commercial military up- tacted the Federal Economics Office, now communications joint venture with Siemens the Federal Export Control Office (BAFA) in grades for Pakistan. This has been U.S. AG to try to obtain equipment in Germany policy since 1990. Yet, the proposed Eschborn, responsible for export controls, that export control officials suspect had been and the export authorization to Pakistan transfer would break its assurance to sought instead for gas centrifuge rotor as- was rescinded. Congress in the worst way—by upgrad- semblies used to enrich uranium. Section 0201/2.D of Germany’s commodity ing Pakistan’s nuclear delivery vehi- Intelligence sources said that the case is control list, valid in 1991 when the export cles—its F–16’s. This upgrade is not apparently similar to others in which it is was approved, required express authorization believed Pakistan used legitimate businesses for complete magnet assemblies only: ‘‘Liq- just a reversal of U.S. arms policy, it to disguise nuclear procurement. Sources undermines the very principles of the uid-damped magnetic bearings, made of ring said that in the U.S., Pakistan hid nuclear magnets, which are mounted in a housing Nuclear Nonproliferation Treaty. It de- procurement by giving as the end use a bona fies logic that the Clinton administra- containing a damping medium. The magnet fide Pakistan-U.S. program to supply equip- is mounted on a rotor end cap pole piece or tion would work so valiantly to ratify ment to maintain Pakistan’s fleet of F–16 coupled to a second magnet.’’ According to a this treaty and then turn around and aircraft. spokesman at BAFA, the export to Pakistan At issue in the German case are specialized support a clear violation of that trea- of magnets not conforming precisely to these ring magnets that Western officials say ty’s core principles. specifications would have been approved pro- Pakistan has repeatedly sought from firms vided no ‘‘knowledge’’ was available that the Despite these very disturbing activi- in Germany, Britain, and elsewhere in Eu- equipment would be used in weapons of rope since the mid-1980s for its clandestine ties, the administration is intent on mass-destruction or that the peaceful end uranium enrichment program. going ahead with the military trans- use was ‘‘implausible.’’ The top magnetic suspension bearing of fer—one that does not achieve one Western officials said the parts MFB was gas centrifuges built by Pakistan at its to make for Pakistan did not fall within 0201/ credible United States policy initia- Kahuta enrichment plant features a pair of 2.D so the export was initially approved. Of- tive, while undermining three vital ring magnets. The upper magnet is sus- ficials said, however, that the German firm policies—regional stability in South pended in a housing containing oil that is re- later doubted the peaceful end use given by Asia, containment of Iran, and world- sistant to the highly corrosive uranium Pakistan after Pakistan specified that the hexafluoride (UF6) gas fed through cen- wide nuclear nonproliferation. magnets must feature unusually fine ma- trifuges. The other magnet is fitted to the chining tolerances and a capability to with- Do we have alternatives? Yes. Last top end cap of the rotor assembly. stand exceedingly high rotating speeds. week, I called on President Clinton to According to Western officials, the Paki- Pakistan had first indicated that Tele- expand this initiative one step further stan Embassy in Bonn, on behalf of Tele- phone Industries sought magnets sized at 52 by pursuing the third party sale option phone Industries of Pakistan (PVT) Ltd., in millimeters in diameter and 8 mm in height, early 1991 sought ring magnets from the firm on all the military equipment sought with a ring thickness of 36 mm. It later spec- Magnetfabrik Bonn (MFB) GmbH. But Ger- by Pakistan. And as I said with respect ified a precise diameter of 52.8 mm and a man experts suspected that the technical to the F–16’s, if the administration and thickness of 36.8 mm and defined fine toler- specifications given for the magnets did not the Congress wish to use the proceeds ance requirements in the range of a few hun- match the non-nuclear end use cited by the dredths of millimeters. from the third party sales to reimburse Pakistan firm, and MFB blocked the transfer Azmat Ullah, the Pakistan government Pakistan, I would not object. of the magnets after discussing the matter employee who sought the ring magnets for with German export control authorities. The Mr. President, let me take a moment Telephone Industries of Pakistan, was listed export had initially been approved by Ger- to discuss the provisions in the amend- in the official German register of foreign dip- many. lomats for 1991 and 1992 as an attache in the ment that would repeal nonmilitary Telephone Industries of Pakistan is a joint commercial section of the Pakistan Em- sanctions against Pakistan. My col- venture between Siemens and Pakistan’s na- bassy. He left Germany in 1993. According to leagues will recall that similar lan- tional post, telephone, and telegraph (PTT) diplomatic sources, the Pakistani attache guage was offered by my friend from organization, and is located in Haripur, had been involved in previous attempts to Pakistan. Siemens controls 30.02% of the Colorado during consideration of the obtain material in Germany for Pakistan’s venture. The government-owned Pakistan Department of Defense authorization centrifuge program before he sought the ring PTT owns 69.98%. bill. These provisions, though seem- magnets. Sources said that in 1985, for exam- According to Reiner Schoenrueck, a Sie- ingly well-intended, go too far. ple, Ullah had been responsible at the em- mens spokesman, the Pakistan joint venture bassy for ordering centrifuge-grade maraging First, this amendment specifically makes equipment, including telephones, for steel produced by Arbed Saarstahl, a German digital communications systems. Queried by rewrites the Pressler amendment so specialty steel producer. The steel is be- NuclearFuel, he reported that Telephone In- that the sanctions apply only to mili- lieved to have been intended for making cen- dustries is authorized to independently pur- tary aid. This amounts to an uncondi- trifuge rotor tubes for Kahuta. chase equipment locally in Pakistan. ‘‘But tional repeal of nonmilitary sanctions In early 1992, after the planned magnet ex- any equipment which Telephone Industries port to Pakistan was stopped, MFB alerted against Pakistan. This is an extraor- wants in Germany must be obtained through other German magnet-producing firms, in- dinary and far-reaching change that Siemens itself,’’ Schoenrueck said, not by cluding subsidiaries of Krupp AG and could have serious implications. the Pakistan government or by officials at Thyssen AG, about the intended transaction. the venture’s office in Haripur. In fact, this amendment could be In addition to stopping the export from MFB NuclearFuel has learned that regardless of to Pakistan by withdrawing the permit, used to aid Pakistan’s nuclear bomb these procurement guidelines, Telephone In- BAFA also blocked transfer of the ring program. All of us know that scores of dustries of Pakistan recently renewed inde- magnets to Pakistan from all other German nonmilitary items can serve military pendent efforts to order magnet parts in Ger- firms. purposes. Pakistan knows that all to many. Current attempts are said to involve well. Let me provide one specific exam- items having different specifications than NO CRITICAL MAGNET DEAL WITH IRAN ple: A story in the McGraw-Hill news- magnets ordered on its behalf in 1991. Contrary to previous non-official reports letter NuclearFuel, detailed how Paki- Sources said the Pakistan firm has given asserting that German firms contributed re- stan intended to violate a joint venture non-nuclear engineering end uses, such as cently to an Iranian program to develop gas motors and power equipment, for items it centrifuges, MFB, which was solicited with- with Siemens AG by using tele- now seeks. out success by Pakistan to obtain ring communications equipment as part of a In March 1991, Azmat Ullah, an official at magnets, never supplied any critical project to enhance uranium into bomb the Pakistani Embassy in Bonn, first made magnets or magnetic equipment to Iran, grade material. I ask unanimous con- contact with MFB on behalf of Telephone In- company officials said. sent that this story be printed in the dustries of Pakistan to obtain so-called alu- According to customs intelligence docu- RECORD. minum-nickel-cobalt (Alnico)–260 S-ring ments obtained by NuclearFuel, the Sharif magnets. Officials said that, after Pakistan University of Technology in Tehran has tried There being no objection, the mate- provided a non-critical end use for the to obtain nuclear-related equipment from rial was ordered to be printed in the magnets, an export permit was awarded by firms in Germany and elsewhere in Europe, RECORD, as follows: Germany. including equipment meant to be used for a S 13946 CONGRESSIONAL RECORD — SENATE September 20, 1995 centrifuge development program (NF, 28 again would do so without requiring a important than nuclear nonprolifera- March ’93, 10). On the basis of this informa- single nuclear concession from Paki- tion. If that is the case, there is no jus- tion, BAFA will not award export permits stan. tifiable reason why Pakistan once for any equipment destined for end use at Mr. President, I strongly respect and again must be exempt from Federal Sharif University. But the Zollkriminalamt admire my friend from Colorado. He (ZKA), Germany’s customs investigative nonproliferation laws or the non- agency, denies that any German firms have sincerely is interested in trying to find proliferation policies we impose on all exported equipment to Iran’s nuclear pro- ways to improve our relations with other signatories of the Nuclear Non- gram over the last 10 years (NF, 10 April ’94, Pakistan and improve the conditions proliferation Treaty. 5). for the entire Indian subcontinent. I Let us give Pakistan some concrete Herbert Krosney, author of the book commend him for proposing a U.S.-led incentives to honor its word. ‘‘Deadly Business,’’ claimed that Sharif Uni- multilateral summit designed to re- Let us not reward proliferation. versity approached MFB for Alnico cen- duce the presence of nuclear weapons Since we cannot escape history, let trifuge magnets and that the German firm us learn constructively from it. ‘‘received a substantive order from Iran.’’ in South Asia. I would support such a MFB said this month that the statement is summit. It represents a more construc- I urge the defeat of the Brown false. It asserted that the company never tive first-step toward what I hope is amendment. I yield the floor. agreed to transact any Alnico centrifuge the elimination of the nuclear threat Mr. BROWN addressed the Chair. magnet business with Iran and that MFB was from South Asia. The PRESIDING OFFICER. The Sen- never contacted by Sharif University for any But, in this case, we are not moving ator from Colorado. business. Since 1993, MFB has sold some fer- toward nonproliferation with this par- ACTION ON AMENDMENT NO. 2721 VITIATED ritic magnets to Iran. They were not, BAFA ticular amendment. We cannot escape Mr. BROWN. Mr. President, I ask ruled, useful for uranium enrichment. In the wake of information it obtained al- history, and I have outlines that his- unanimous consent to vitiate the ac- leging that MFB had been involved in viola- tory of the Pressler amendment, of tion on amendment No. 2721. It is my tions of export rules, Western intelligence which there is much misunderstanding. understanding this has been cleared on sources said, the Oberfinanzdirektlon in Co- Beyond that, my friend from Colo- both sides. logne, a customs investigation arm of the rado and I disagree on how best to ap- The PRESIDING OFFICER. Without Federal Ministry of Finance, searched the proach the vexing problems in South objection, it is so ordered. MFB premises in 1990, one year before Paki- Asia. We also need to keep in mind the AMENDMENT NO. 2708 stan attempted to obtain ring magnets from question of United States—India rela- Mr. BROWN. Mr. President, I yield the Bonn company. According to a statement that company tions. For more than 40 years, our rela- myself 5 minutes. management provided to employees, how- tions with the world’s most populous The PRESIDENT OFFICER. The Sen- ever, no violations were found and the firm’s democracy were difficult, dictated ator from Colorado is recognized for 5 conduct was judged ‘‘exemplary.’’ largely by cold war conventional wis- minutes. Mr. PRESSLER. Mr. President, this dom. Since 1991, our relations have im- Mr. Brown. Mr. President, the distin- is just one example. The fact is Paki- proved markedly. India’s economy is guished Senator from South Dakota stan built its current bomb program in undergoing a remarkable trans- has raised a number of important part from seemingly nonmilitary formation, fueled by a nearly five-fold points. I will not try to deal with all of transactions. Further, in February increase in foreign investments from them right now, but I do think it is im- 1993, then-CIA Director James Woolsey 1990 to 1994. More than one-third of portant to respond. described for the Senate Committee on those investments were from American First, let me commend the Senator Governmental Affairs how untied and firms. It is my hope that Pakistan can for his leadership in this area. While we seemingly nonmilitary loans and enjoy similar progress in the near fu- disagree on the particular resolutions grants could further Pakistan’s nuclear ture. Economic growth for both coun- of these contract items that have been program. tries is the key to long-term regional in dispute for a number of years, I Does the Brown amendment require stability. think his efforts toward nonprolifera- Pakistan to make written and verifi- One of the lessons of our improved re- tion and his sincerity and hard work in able assurances that seemingly non- lationship with India is that our ac- the area are to be commended and re- military aid will not aid directly or in- tions have a clear impact on Indian flect great credit on the American psy- directly its bomb program? No. public opinion. That certainly is the che in dealing with foreign policy. Again, Mr. President, we cannot es- case in Pakistan as well. Given this im- Mr. President, there are a couple of cape history. We once before inadvert- pact, I believe that we must pursue our things that I think are important to ently aided Pakistan’s bomb program. policies in South Asia with great care look at, though, that I hope Members Now, with this open-ended, uncondi- and great caution. We must ensure will consider. tional repeal of a portion of the Pres- that we do not unnecessarily return to First of all, statements were made sler amendment, we are setting our- the previous, unproductive levels of our that the amendment is unconditioned selves up to make the same mistake relationship. We also must ensure that and open-ended repeal. Mr. President, I yet again. Why would we once again we do not unnecessarily fuel the al- think he was referring to parts of it. put American taxpayers in the position ready strong tensions that exist in the But I sincerely believe that is not a of aiding Pakistan’s bomb program? region. fair description of what is anticipated Further, let me correct for the record In conclusion, Mr. President, I must here. a serious misperception of the Pressler repeat yet again, we cannot escape his- First of all, let me emphasize what amendment. Some have argued that we tory—both the history behind us and the amendment does not do. It does need this amendment so that we can before us. The history we make today not, in any way, repeal the restriction provide vital civic and humanitarian not only will determine the history of on military aid or military sales to assistance to Pakistan. We already can tomorrow, but will determine how well Pakistan. There are a couple of areas provide that assistance. Current law we comprehended the hard lessons of that are clarified, though, and let me permits United States aid to Pakistan history. The Brown amendment is a be specific about that. The bars and re- through nongovernmental organiza- grim reminder to all of us that those strictions on aid and sales stay in tions in a wide range of areas, includ- who try to escape history are con- place. We do a couple of things here. ing agriculture and rural development, demned to relive it. I cannot allow that One, we make it clear that parts that nutrition, human rights, endangered to happen. We must not ask the Amer- had been sent—military parts—to the species, and illicit narcotics preven- ican taxpayer to subsidize a bomb pro- United States for repair and had never tion. Pakistan also continues to re- gram we cannot condone. Nor do we been repaired were be shipped back to ceive annually hundreds of millions of need ask the American taxpayer to them. These are used parts that were dollars in development assistance via subsidize an arms race in South Asia, not functioning. I suppose we can insist multilateral lending agencies to which or the military ambitions of a terrorist on keeping those used parts here, but it the United States is a major contribu- state. seemed like that should be sent back. I tor. The Brown amendment goes be- Last year, the President states that do not think that is an open-ended re- yond even a limited approach, and no single foreign policy issue was more peal. That is a disposition of parts that September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13947 have been around for a long time and benefit. So both of those points do not Mr. President, the suggestion that they are sent back unrepaired. hit the mark. the reason Pakistan got military aid Second, we deal with contracts that Let me put a few things in the and assistance during this period was are 8 and 9 years old that have been RECORD, and I will try and do it briefly. solely to stop the development of nu- paid for. We allow three-fourths of I want to quote the Assistant Sec- clear weapons I do not believe is accu- them—or almost three-fourths of retary of State, who responded to the rate. It certainly does not square with them—to have their money back and committee’s questions. this. I do think it is accurate, as Mem- not get delivery of the planes. Those The PRESIDING OFFICER. The Sen- bers pointed out, that that was an in- are the things that all of the people in ator’s 5 minutes have expired. terest of the United States at the time, the area have looked at and say are the Mr. BROWN. I yield myself 5 addi- that it was hoped that would be a reac- tional minutes. most inflammatory—that is, the F–16. tion of the Pakistanis. But to say that This is what our Assistant Secretary We allow delivery of $368 million of is the reason for their aid, I do not of State said when asked about the think that squares with the history military equipment. Those are on con- Pakistan question, and particularly and with the statement of the Assist- tracts that were executed before the why we have been involved in assist- 1990 action under the Pressler amend- ant Secretary of State. ance to Pakistan. That was certainly Mr. President, I yield the floor and ment. raised by the Senator. I will have more Mr. President, what this issue is all retain the remainder of my time. to say about this later. But I want to Mr. GLENN. Mr. President, I yield 2 about is simply and solely saying you quote the Assistant Secretary of State are either going to get your money minutes to the Senator from Nebraska. on that question of why we aided Paki- The PRESIDING OFFICER (Mr. back, or you are going to get the parts stan: GRAMS). The Senator from Nebraska back, or you are going to get the Pakistan undertook substantial risks as things you contracted for. It is simple [Mr. EXON] is recognized. our partner in an effort to stand up to the Mr. EXON. I thank my friend from fairness. We signed a contract to sell Soviet aggression in Afghanistan during the military equipment. We have not deliv- 1980’s. Intrusions into Pakistan airspace by Ohio. Were it not for the fact that I ered on it. We have taken their money, Soviet war planes were common. On several have made a commitment to go to an and we have refused both to give them occasions, Soviet military aircraft actually affair elsewhere in the Capital City, I their money back and/or deliver on our bombed Pakistani facilities along the border would stay and become involved in this in retaliation for Pakistan’s assistance to contract. debate. I am going to be very brief be- the mujaheddin. I might say it was assist- cause others here will go into the mat- All we are trying to do with this is ance to us in helping to liberate Afghani- ter in more detail. make it clear that we ought to either stan. I simply say, Mr. President, that give them their money back or give She continues: while a case can be made that we need them what they contracted for. The Pakistan was also a target of Scud mis- improved relations with Pakistan, compromise, I suppose, somebody could siles. During the period, the Soviets also ini- from the information that I have, the tiated numerous covert actions against the criticize. This was worked out by the proliferation arrangement and laws of President. I do not think the President government of Pakistan, including actions aimed at destroying caches of munitions and the United States of America have or the administration claims it is per- been violated by arrangement, among fect, nor do I. arms in Pakistan. Mr. President, this is what Pakistan others, of shipments of materiel from Mr. President, I do know that the China to Pakistan. I simply say that planes amount to almost three-fourths put on the line. They risked their very existence, they risked military attacks while we can make excuses, and while of the entire package. The planes are we can say that we need the coopera- the things that almost every critic I from one of the strongest military pow- ers in the world, the Soviet Union. tion of Pakistan with regard to drugs know of says is the most inflammatory and terrorism, which I agree with, the and significant part of the package, They did it at our request. She continues: fact of the matter is that the laws of and the planes are not delivered. The the United States have been violated. other parts of the package—and we al- During the Soviet occupation, 5 million Af- ghan refugees flooded into Pakistan. With An official of the Clinton administra- ready quoted from experts that indi- the help of the international community, tion called me and asked me to support cate that these are not significant in Pakistan provided food and shelter for the the Brown amendment. I asked that in- terms of the military balance of the refugees. Many remain in Pakistan because dividual was it not true that the laws area. We have already pointed out that of the unsafe conditions in Afghanistan. had been violated, but the administra- India enjoys a two-to-one advantage. To suggest that our aid had nothing tion, working with the majority in the Mr. President, there is another item to do with the 5 million refugees that U.S. Senate, are simply going to wink that I think ought to be at least quoted came in, I believe, ignores the facts. at that and say, it is OK. It is OK. We at this point. The suggestion was that She continues: are going to make this exception to we are already in the process of deliv- Finally, there were widespread fears that make them happy. ering aid to Pakistan and that it is not the Soviet Union did not intend to stop its It seems to me we are setting a necessary to have this amendment. The expansion into the Afghan border with Paki- precedent here. I do not believe my suggestion was that NGO’s are author- stan. Many in Pakistan believe that an ac- commodation with the Soviets was called for voice or the voice of others is going to ized under aid to Pakistan. Indeed, we and the government was under pressure to change the vote, but as well inten- have NGO’s allowed to conduct activity follow such a course. tioned as the amendment offered by in Pakistan right now. It is on tem- Mr. President, imagine what would the Senator from Colorado is, it is a porary authority, and that authority is happen if the Government of Paki- mistake. It is a mistake entered into on a 1-year waiver and that waiver is stan—which has been so maligned in by the Clinton administration. They not renewed and it runs out. So as far the discussions on this issue in this are wrong, in my opinion. I state that as NGO’s being able to operate in the Chamber—would have acceded to peo- as clearly as I can. country and deliver aid, which they ple in their country to make an accom- What they are doing in this particu- have talked about, the point is that the modation with the Soviet Union. It is lar case, Mr. President, is simply to facts are exactly the opposite of what not just the Afghans that would not offer an alibi to try to soothe the Gov- was said on the floor. The NGO’s are have an opportunity for freedom today, ernment of Pakistan. not going to be able to do that. We it is a great many more people in the If our laws with regard to prolifera- need this legislation to be able to in- world. tion are going to mean anything, then volve ourselves with Pakistan, and this Mr. President, she concluded her re- we have to recognize that both Paki- is to our benefit. I have yet to hear sponse to that question by this state- stan and China should be subject to the anyone say that cooperating with the ment: laws that we enacted in the Congress of Pakistanis in the suppression of the The primary purpose of U.S. military and the United States and cannot be narcotics trade is not to our benefit. It economic assistance to Pakistan during this winked at. clearly is in our benefit. Cooperating period was to help Pakistan manage these I object to the fact that the Clinton with the Pakistanis in this is in our risks and burdens. administration is winking, going back S 13948 CONGRESSIONAL RECORD — SENATE September 20, 1995 on the laws that we have in our land. I provided specific legislative language more productive United States policy think that is a mistake, Mr. President. to make it quite clear that this in no in South Asia. I suspect that the Senate is going to way waives any sanctions with regard I respect him and I respect what he is make a mistake because I do not think to violations of missile agreements for trying to do. However, while there are 5 hours of debate after most people U.S. legislation. some issues on which we are in agree- have gone home is going to change any That point has been raised. The fact ment, there are many on which we dif- minds. is, at least in my view, it is invalid be- fer. I simply back the position of Senator cause we specifically made it clear that Let me first say that I echo the GLENN and Senator LEVIN, both associ- this in no way interferes with that. In- statement of the Senator from Ne- ates of mine from long standing on the deed, if they have violated it, they will braska by saying that I believe the ad- Armed Services Committee. I hope be sanctioned, and they should be sanc- ministration is wrong. that the Senate will come to its senses tioned. I have heard two major reasons put and do an about face on the earlier Mr. President, I ask unanimous con- forward as to why we should put this vote that we had in the Senate on this sent to have printed in the RECORD a $368 million of military equipment in matter today. statement from our Secretary of State. Pakistan’s hands now. The first is, I thank my friend from Ohio. I thank There being no objection, the mate- they paid for it, it is the honorable my friend from Michigan. I thank my rial was ordered to be printed in the thing to do. friend, Senator FEINSTEIN, from Cali- RECORD, as follows: I agree. I will introduce an amend- fornia, who I understand is going to ADDRESS BY SECRETARY OF STATE WARREN ment which will carry with it Sense of speak on this. I thank my friend, CHRISTOPHER, ON U.S. NATIONAL INTEREST Congress language which will say that LARRY PRESSLER of South Dakota, who IN THE ASIA-PACIFIC REGION the President is asked to try to sell the was author, I believe, of the law that QUESTION: Will the Clinton Administration F–16’s and return as much of the equity we have in place. order additional sanctions against China for payment made by Pakistan back to I simply say, Mr. President, this is a supplying missile technology to Pakistan Pakistan as possible. I believe that is mistake. I hope the U.S. Senate will re- and Iran? the honorable thing to do. Secretary CHRISTOPHER: As I mentioned in verse course, recognize it is a mistake, my remarks, we are concerned about pro- The second thing I have heard is that notwithstanding the pressure that has liferation issues, and we are certainly con- we have to buttress the Bhutto regime. been brought to bear by the Clinton ad- cerned about it as they relate to South Asia. This is what gives me the deepest trou- ministration to not change the vote. We monitor it very carefully and very close- ble. Mr. BROWN. Will my good friend ly. If there is anybody that believes that from Nebraska yield for a question? At the present time, although there is a one stabilizes or buttresses a regime Mr. EXON. I am happy to yield to the fairly large body of evidence, we do not which suffers from instability, in an think there is the evidence there that would area where there is a tinderbox of hos- Senator. justify the imposition of sanctions. But I Mr. BROWN. I know the Senator has want to assure all that we feel an obligation tilities between two countries, and had a number of people talk to him, to keep this matter carefully under review where both countries have the ability and I did not know if the Senator was and to follow and comply with the law in in a matter of days to have a nuclear aware of subsection 8 where we specifi- this regard. capacity utilized—I think that is the cally state, ‘‘Nothing contained herein Mr. BROWN. The question was asked, wrong idea. I could not go to sleep at shall affect sanctions for the transfers will the Clinton administration order night knowing this equipment went, of missile equipment or technology re- additional sanctions against China for and that I voted for it, at absolutely quired under section 11(B), the Export supplying missile technology to Paki- the wrong time. I will explain in my re- Administration Act of 1979, or section stan or Iran? marks why I believe it is the wrong 73 of the Arms Control Act.’’ Secretary Christopher said, ‘‘As I time. In effect, Mr. President, what we do mentioned in my remarks, we are con- Sanctions were invoked against is specifically make it clear that the cerned about proliferation issues, and Pakistan in 1990 because President ballistic missile sanctions are in no we are certainly concerned about it as Bush could not certify that Pakistan way affected by this. they relate to South Asia. We monitor did not possess a nuclear explosive de- Mr. EXON. I say to my friend from it very carefully and closely.’’ vice. Colorado that I think if we get into Here is what he says: ‘‘At the present Nothing has changed since that time. those kinds of details, we may cloud time, although there is a fairly large To this day, neither President Bush the central purpose. The central pur- body of evidence, we do not think there nor President Clinton has been able to pose of my opposition to this, notwith- is evidence there that would justify the make that certification. And today standing the strong feeling about my imposition of sanctions.’’ President Clinton cannot make that friend and associate from the neighbor- Mr. President, the point is this: The certification. ing State of Colorado, is that we are sanctions are for any violation of a So, despite its remonstrances to the violating both the intent and the prin- missile treaty or missile technology re- contrary, Pakistan to this day contin- ciples of the law that we have in effect strictions in U.S. laws. In no way does ues to develop its nuclear weapons pro- with regard to proliferation. Therefore, this amendment interfere with those gram and has technology imported this Senator feels it is a mistake. sanctions whatever. As a matter of from abroad. And I believe even today Mr. BROWN. Mr. President, I yield fact, the review of the administration Pakistan is engaged in developing an myself 3 minutes. in this area has been clear and signifi- indigenous capability to produce nu- Mr. President, I know we want to cant and, if sanctions are justified, clear weapons—not to have to get the hear from other speakers, but I did they will take place. technology from abroad, but to do it want to respond to a very important I reserve the remainder of my time. right at home. point that I think the distinguished Mr. GLENN. I yield 15 minutes to the As late as a couple of months ago, senior Senator from Nebraska made. Senator from California. the Prime Minister of Pakistan denied He is concerned about the potential Mrs. FEINSTEIN. Thank you very that. That is a problem for me. That is impact of missile sanctions. Mr. Presi- much, Mr. President. I thank the Sen- a problem for me, to vote for some- dent, I am concerned about that as ator from Ohio. thing which I know will be used for one well. Mr. President, I rise in opposition to purpose and one purpose only, and that We have added to this amendment the amendment offered by the distin- is probably to attack a neighbor, when exact and specific language that makes guished Senator from Colorado. As the I am told an untruth. As Senator it very clear that nothing in this ranking member of the Near Eastern GLENN, I believe, will outline, these amendment in any way interferes with and South Asian Affairs Subcommittee same statements have been made year the sanctions, should they ever take of the Foreign Relations Committee, I after year for the past decade. place. have worked closely with Senator So, under these circumstances, I be- Members should rest assured that I BROWN, the chairman of this sub- lieve it is wholly inappropriate for the am very conscious of that, and we have committee, to try to work toward a United States to release to Pakistan September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13949 this military equipment. For us to ing, environmental and population as- And there is major tension. There is take this step, Pakistan should make sistance, civil aviation cooperation— no subject as sensitive, as difficult, on vast improvements in the area of non- would not only build even greater co- which the sides are more implacable proliferation. operation, but they would directly ben- than the Kashmir problem. You have I believe that Pakistan has acquired efit the effort and interests of the Unit- seen the worst results of that tension M–11 missiles in violation of the ed States in a range of areas. in terms of the taking of the hostages, MTCR. Pakistan is subject to MTCR Part of the amendment I will offer the cutting off of the head of one of sanctions. We have alleged that China will do just that: Take the nonmilitary them, and the rolling of the head down sold these missiles to Pakistan. China part of Senator BROWN’s amendment the street. If that does not dem- is not a signatory to the MTCR. Re- and allow it to go ahead. It is my un- onstrate what feelings are, I do not cently, as a product of negotiations derstanding that these types of assist- know what will. with our State Department, China has ance were never envisioned to be cut So, I know the Clinton administra- agreed to abide by the MTCR. But off at the time that the Pressler tion does not want to prop up unstable Pakistan knows better. They are sub- amendment was adopted, so I see no regimes, does not want to put equip- ject to MTCR rules, and every M–11 has harm and much good that could come ment in the middle of a tinderbox, but inherent nuclear capability. Let there by restoring these types of assistance that is exactly what this does, and be no doubt about that. So, if one looks programs to Pakistan. there is no way to say it does not. It at both India and Pakistan, to add I was pleased to cosponsor an amend- does. weapons at this time is a big mistake. ment with the Senator from Colorado Anyone who has had the security Let me tell you what the Indian Am- in the Foreign Relations Committee to briefing I think better understands the bassador has told me. What he has told allow this assistance. However, I think problem. me is that he believes that the 28 Har- we need to tread much more carefully So I cannot support a resumption of poon missiles which are part of this when it comes to military assistance. these arms transfers. The greatest package, would give Pakistan a stand- Returning Pakistan’s broken spare threat of nuclear war on the planet off capability to which India has no im- parts is, I think, a reasonable gesture today, I believe, rests in South Asia mediate response. of good will—no problem with that. Al- and rests between India and Pakistan. What does this mean? If we do this lowing Pakistan to resume its partici- India has contributed to this tension now, India is a few months before an pation in the IMET military training just as much as Pakistan has. But it is election. It simply fuels the fires with- course will help rebuild the ties be- there. It is real. It is palpable and it is in the Indian political structure and tween the United States and the Paki- fueled by a dramatic ongoing debate perhaps prompts them to deploy a mis- stani military, which is important for which one country views as a major as- sile known as the Prithvi, which they strategic cooperation. But allowing the sault on its territorial sovereignty. have, in response to this. That is a sce- transfer of the package of equipment What else does one need as a precipi- nario that I find inescapable in the allowed by this amendment is another tant to a conflagration? transfer of these weapons. story. So I urge my colleagues to look care- We can cloak this in any terms we fully at this resolution, to look care- want. But if we know and honestly be- The Pressler amendment sanctions fully at the list of equipment, at the lieve that this might be the result of took effect because our Government in rockets, at the missiles, at the parts the delivery of these weapons, why are effect knew that Pakistan was not that are being sent in this $368 million we doing it? How can we sleep and do abiding by earlier agreements made transfer. I hope that the Brown amend- it? The P–3C aircraft can launch a Har- with our Government, and commit- ment might be defeated and that we poon. The Harpoon also has a surface- ments made to United States Senators would have an opportunity to put for- to-surface capability. The Indians be- on this floor at that time, in the 1980’s. ward an amendment which would carry lieve the P–3C can carry the Harpoon They asked for aid contingent on them forth the economic and the humani- from Karachi to Sri Lanka, so it has not pursuing nuclear weapons, and tarian, the antinarcotics and the distance. then they turned around and did just antiterrorism portions of Senator what they said they would not do. There are certain aspects of the BROWN’s very well-meaning amend- Brown amendment that I support. I Pakistan needs to make progress re- ment. certainly share the view that it is de- versing that problem, and I believe we I thank the Chair. I yield my time. sirable for there to be an improvement would send a dubious message by re- Mr. BROWN. Mr. President, I yield in the United States-Pakistani rela- newing our supply line to the Paki- myself 5 minutes. tionship. Pakistan is strategically lo- stani military. As I mentioned, the The PRESIDING OFFICER. Without cated, has a significant population, it package transferred under this pro- objection, it is so ordered. is a good friend in the Moslem world, it posal would include P–3C surveillance Mr. BROWN. Mr. President, first of is an emerging democracy in a part of aircraft, capable of providing sub- all, I want to say what a great pleasure the world where we would like to see marine deterrence, which is a major it has been to work with the distin- more democracy. concern to India; the Harpoon missiles; guished Senator from California. She is As has been said, Pakistan has co- the TOW missile launchers; the spare bright and thoughtful and she has been operated with the United States in a parts for F–16’s; and other sophisti- very energetic in applying herself to variety of ways. It is the second largest cated equipment. not only the committee work but this contributor of troops to U.N. peace- It is not a significant enough pack- particular problem. I have found her to keeping operations. I think that is a age to substantially alter the military be very thorough and very sincere in big deal. Pakistan has been prepared to balance in South Asia, but it is a the kind of approach she has taken, I put its troops on the line to keep peace change in the military balance of might say also very constructive. And in the world, and I, for one, appreciate South Asia. Do we want to change the I appreciate the fact that she will offer that. military balance of South Asia shortly an alternative to Members of the Sen- It has assisted in our antinarcotics before a hotly contested election in ate to review that will give them some efforts, and it has been helpful to U.S. India, when we know major candidates choices on this issue. antiterrorism efforts. And it is helpful running in that race will be forced to I must say as a Member I have found right now in a very terrible and tragic respond? They will be forced to re- it a bit difficult to discuss the issue in situation in Kashmir, where one Amer- spond, and one of the things that has trying to develop legislation, which I ican is still being held hostage. been a goal of American foreign policy think is our job as legislators, with There is certainly room for more co- is to prevent the deployment of the some Members who simply want to pre- operation and the kinds of nonmilitary Prithvi missile. Instead, we are provid- clude the issue from being reviewed or assistance which would be allowed to ing the excuse for the deployment of discussed or legislated on and view the resume under this proposal— the Prithvi missile, and therefore fur- right way to do it is with a filibuster. antiterrorism assistance, antinarcotics ther escalating and heightening ten- I believe reasonable men and women assistance, immigration control train- sions between the two countries. can come to a reasonable solution that S 13950 CONGRESSIONAL RECORD — SENATE September 20, 1995 is best for our country, and so I wel- for the decades of work he has put in in I think the other point that the Sen- come her initiatives and I commend the fight against the proliferation both ator from Colorado makes, which is her on a very thoughtful approach to of nuclear weapons, weapons of mass one I share, which is that it is not in it. destruction, and means of delivery of our character to take folks’ money and Mr. President, I might say my ap- those weapons. It is the missiles par- then not deliver the product, I must proach all along has been to say, look, ticularly which we are talking about say in this regard I think that the Sen- what is central here is for the United today, but there are also weapons ator from Colorado is correct, that if States to be true to itself. It is not in themselves which are involved in this equity requires that we not allow that character for us to take someone’s debate, and nobody has worked harder money to be kept at the same time money for a contract and then refuse than the Senator from Ohio to try to that the delivery has not been made, to return their money or refuse to de- address the proliferation concerns then true to ourselves, whatever por- liver on that contract. What we need to which are the emerging threats to this tion of that money equity requires be do is either give them their money world. The cold war may be over, but returned to Pakistan should be re- back or give them their equipment the world is a more dangerous place in turned to Pakistan. that they contracted for but not keep many ways now than it was before. The But that is not the issue here tonight both. That I think is simple basic fair- reason it is more dangerous in many either. The Senator from California is ness that most Americans would agree ways is because of the threat of nuclear going to be introducing an amendment with. I believe the Senator from Cali- weapons, weapons of mass destruction tomorrow which will take us down that fornia shares that view. She does have and means of their delivery, the pro- path which is the path of being true to a different view than I in terms of the liferation threat which we face. ourselves and our laws on exports at package, limited package of military The issue is whether we are going to the same time living up to a moral ob- equipment that my amendment would be serious about them. That is really ligation to be true to ourselves to not deliver. what the Senate is going to decide to- take money from folks and not deliver Mr. President, I will simply add one morrow, whether or not we are going to the product. other comment at this point. It is be serious about a proliferation issue Now, I believe that the Senator from something of a technical background which is so clear that I would urge our California’s amendment tomorrow is for Members. I note the distinguished colleagues to go up to the fourth floor, going to be worded in such a way that Senator from Ohio is here and he has as about 10 of us have, and review the whatever funds equity requires be re- been a leader in the Senate, and in the materials. They are there. The charts turned to Pakistan, or words to that ef- world I might say, in terms of non- are there. They will be there in the fect, should be returned to Pakistan. proliferation. morning. Some of us have had this And I would be supporting that amend- The MTCR, the Missile Technology briefing now three times. We can hide ment because that is the way we can be Control Regime, has 25 countries—at our head in the sand and we can say, true to ourselves in all regard. least that is the latest CRS report— well, gee, maybe there is not a viola- We can make sure that we enforce that indicate they are not so much tion of the Missile Technology Control our laws against proliferation at the signers but partners, in the parlance of Regime, which is supposed to be en- same time we do not take money which the CRS, and these partners in addition forced by our export control laws, but I does not belong to us and keep money have contacted other countries that do think it is pretty difficult to do that which does not belong to us. But we include China, that have agreed to after the briefings that we have re- can do both. abide by their guidelines. Pakistan is ceived. The issue in this amendment tonight not a partner in MTCR, and they are Now, that is my conclusion. Maybe that we are debating, the Brown not listed by the CRS among the coun- others can reach different conclusions. amendment, is whether or not we are tries that have agreed to observe it. It is difficult for me to see how any of going to ignore our law relative to the I believe the MTCR is a very impor- us can reach a different conclusion, but proliferation of missiles by authorizing tant item here for Members to con- it is more difficult for me to see how the shipment of military equipment sider. We have statutes that are de- we would not at least go up to the which, if Pakistan received missiles signed to control this technology. The fourth floor and expose ourselves to that exceed the limits in the missile suggestion has been made by some those materials which are there very technology control regime, could not Members, for whom I have a great deal clearly for each Member of this Senate be properly sent to Pakistan. of respect, there may have been a vio- to see and consider. Now, our law is clear. It is the Arms lation of this statute with regard to If there is no more serious issue than Export Control Act. The law says that China and Pakistan. If that is true, proliferation—and I do not know of too sanctions will be applied to those who there will be severe sanctions. It is many issues that are more serious— export, transfer or trade in certain very important to know that the surely it is worth a visit to the fourth areas. And then they refer to the mis- amendment which is before the Senate floor to review the intelligence reports sile technology control regime annex. in no way waives those sanctions. As a on the question of whether or not And that missile technology control re- matter of fact, it has a separate spe- China has delivered, transferred to gime is very specific, that if missiles or cific section that makes it crystal Pakistan missiles or missile compo- components of technology have a range clear that nothing in this legislation nents which exceed the limits which of more than 300 kilometers and a pay- waives those sanctions. are provided for in the Missile Tech- load of more than 500 kilograms, then So should you be concerned about nology Control Regime. that is violative of the missile tech- MTCR? Absolutely. But does this Now, our good friend from Colorado nology control regime and then people amendment in any way interfere with has given a bunch of reasons that we who export, transfer or trade that type MTCR? Absolutely not. In fact, it does should proceed with the sale of this of missile or components for those mis- the opposite. It makes it crystal clear equipment to Pakistan. Pakistan is an siles or technologies for those missiles if there are sanctions there they have ally; that is true. Pakistan has sup- will be subject the sanctions. It does the responsibility to go ahead with ported common goals in Afghanistan; not say ‘‘may be subject to sanctions,’’ them as provided by our law. that is true. Of course, it was in their by the way. It says the President Mr. President, I retain the remainder own self-interest to pursue those goals, ‘‘shall impose sanctions’’ in that event. of my time. but nonetheless they were common Now, that leaves it up to each of us Mr. GLENN. Mr. President, I yield 15 goals and she pursued them. Pakistan, to reach our own conclusion as to minutes to the Senator from Michigan. indeed, supports multinational peace whether or not missiles have been The PRESIDING OFFICER. The Sen- enforcement. So do we. transferred to Pakistan which exceed ator from Michigan is recognized for 15 I hope it is in her self-interest to do those limits. If so, our law does not minutes. that. But the fact that we have a com- permit the transfer of the equipment Mr. LEVIN. I thank the Chair, and I mon interest in that is given as a rea- which would be allowed under the thank my friend from Ohio. And also son for why we should proceed with the Brown amendment. Our law just sim- let me commend the Senator from Ohio sale of this nature. ply does not permit that. September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13951 Now, maybe individuals can conclude not be any opposition to the Brown be granted the privilege of the floor for that the evidence is not clear on this amendment on this floor. The problem the pendency of this legislation. issue, that Pakistan has received mis- is that this very amendment, by au- The PRESIDING OFFICER. Without siles of this range and payload. And if thorizing the transfer of military objection, it is so ordered. an individual, a Member of the Senate, equipment to Pakistan, is undermining Mr. JEFFORDS. Mr. President, I will can go up to the fourth floor and reach the Arms Export Control Act which be brief. First, I will support the that conclusion, it seems to me they says that this equipment shall not be amendment of the Senator from Colo- could then support the Brown amend- transferred if—this is the big ‘‘if’’—if, rado, but I also will take a moment to ment. But I would urge Members to do in fact, Pakistan has received missiles commend the Senator from Kentucky that. I have done that now twice. I or components or technology within [Mr. MCCONNELL] for the time and hard have had a third briefing on top of the missile technology control regime. work he and his staff put into crafting that. I cannot in good conscience reach That is the ‘‘if.’’ this legislation. He has done a com- any conclusion such as that, or come Each one of us can reach our own mendable job with a tough assignment: close to it. It is not even, to me, a close conclusion. I think the conclusion is so to reduce our expenditures on foreign question. crystal clear that there is not much aid by a significant amount without I think in order for a person to con- room for doubt. The Secretary of State compromising national interests. I ap- clude anything other than what I have apparently has said that there is preciate his willingness to work with concluded would require absolutely enough doubt in his mind that he has all of the members of the subcommit- closing one’s eyes to the extraor- not yet reached that conclusion. How tee to craft a bill that meets the budg- dinarily clear evidence on this subject. he has been able to say that in light of et allocation and comes to the floor What is that evidence? We are not al- all that evidence beats me. But I hope with a broad backing of both the Ap- lowed to describe that on the Senate everybody will reach their own conclu- propriations Committee and a majority floor. It is classified. We can describe sion. But this issue is so critically im- of the foreign assistance community. our own conclusions, and we have. We portant, this proliferation issue, that it Let us look at the big picture for a can urge our colleagues to go and re- requires each of us to focus on that evi- moment. We have committed ourselves view that evidence—it does not take dence, reach our conclusion, and if the to reducing the crippling Federal defi- long—and reach their own conclusions, conclusion is that, in fact, missiles cit, and failure to do so would irrev- which surely our colleagues I believe have been transferred and if the con- ocably cripple our Nation and our econ- should do. But the issue here is so im- clusion is that they have a range and omy for years to come. portant. It is a proliferation issue that payload that exceeds the missile tech- Yet, we must not blindly slash spend- it is incumbent upon those of us who nology control regime, then it seems to ing across the board. We must carefully have seen that briefing to urge our col- me that the Brown amendment must review our priorities and assign our leagues tomorrow morning, prior to be defeated. limited funds accordingly. the vote, to take a few minutes and go And so, Mr. President, again, let me I have been arguing for some time up and look at those materials in room commend the Senator from Ohio, that education must be one of our top S–407. thank him for yielding me time. I also priorities. Spending on education is Now, our good friend from Colorado— want to thank the Senator from Cali- only about 3 percent of the entire Fed- I must commend him for a lot of rea- fornia for the amendment which she is eral budget. Yet, if we do not prepare sons—he has applied an intellectual working on which will give us an op- our children for the future, we will be acumen to this matter as well as his portunity to do two right things: One is unable to maintain our standard of liv- own great spirit which makes it always to live up to our own Arms Export Con- ing. difficult for those of us who disagree trol Act and to do the right thing on I am concerned that the quality of with him to disagree with him, because proliferation at the same time that we our educational system is falling be- he is a man of great reason and a man do what equity requires relative to the hind that of our major international of great integrity. He has pointed out return of any funds that indeed equity competitors, and if this trend contin- in his amendment that it specifically might require be returned to Pakistan. ues, we will find ourselves severely says that ‘‘nothing contained herein We cannot do both things. handicapped in our efforts to maintain shall affect sanctions for transfers of The Senator from California will be a position of economic leadership and missile equipment or technology re- offering an amendment which will our standard of living. quired under section 11B.’’ And that allow us to do both things, but the The other very small, yet very im- language is indeed in his amendment. amendment before us puts us on a very, portant, area of Federal spending is The problem is that his amendment very difficult road which I think under- foreign aid. While many Americans does affect sanctions. The words in sec- mines the deep concerns which every think we spend about 15 percent of our tion 8 which I just read, which says Member of this body feels about pro- budget on foreign aid, in truth foreign nothing shall affect sanctions, are the liferation. aid comprises only 1 percent of the words. But actions speak louder than Mr. HARKIN. Will the Senator yield? budget. And this small investment is words. The action part of this amend- Mr. LEVIN. I not only yield, I am being cut in this bill by almost 10 per- ment is earlier in the amendment when happy to yield the floor. cent. Foreign aid is doing its share in it says that military equipment, Mr. JEFFORDS addressed the Chair. contributing to deficit reduction. ‘‘other than F–16 aircraft, may be The PRESIDING OFFICER. Who Yet, there is a danger in cutting transferred to Pakistan pursuant to yields time? these accounts too deeply. Much of this contracts for cases entered into before Mr. BROWN. Mr. President, the dis- funding goes to meeting basic human October 1, 1990.’’ So the words in sub- tinguished Senator from Vermont needs abroad and to empower people to section (h) which say that ‘‘nothing wants to make a brief presentation. take control of their own development. contained herein shall affect sanc- While I have indicated to the Senator If we do not make a modest contribu- tions’’ are contradicted by what is con- from Iowa that he would be next, with tion to the efforts of certain less devel- tained herein, which is the authority his acquiescence, I yield 5 minutes to oped nations to get their societies and to transfer military equipment to the Senator from Vermont. economies on the right track, then we Pakistan. That is the action part of the The PRESIDING OFFICER. The Sen- will lose out as these markets open to amendment. ator from Vermont is recognized for 5 foreign business. If we do not increase How I wish it were true that nothing minutes. our exports, we will not be able to herein affected sanctions for transfers Mr. JEFFORDS. Mr. President, I will maintain our standard of living. It is of missile equipment required under be brief, as I have to take the chair as that simple. section 11B. If there were nothing in soon as I can. Let me touch briefly on a few of the here which affected our missile tech- PRIVILEGE OF THE FLOOR concerns I have with the bill. I am con- nology control regime, if there were Mr. JEFFORDS. Mr. President, I ask fident that the chairman and the rank- nothing in here which affected our unanimous consent that John F. ing member will continue to work with Arms Export Control Act, there would Guerra, a Pearson fellow on my staff, me and other Members to address the S 13952 CONGRESSIONAL RECORD — SENATE September 20, 1995 issues as we move through the process. I am proud to join with my colleague, Secretary CHRISTOPHER. As I mentioned in While I am appreciative of the efforts Senator BROWN, in cosponsoring this my remarks, we are concerned about pro- that have been made to increase the amendment to the foreign operations liferation issues, and we are certainly con- funding for international organizations bill. I think this amendment by Sen- cerned about it as they relate to South Asia. We monitor it very carefully and very close- and programs account, more needs to ator BROWN is the first step in moving ly. be done. The funding is highly lever- toward a stronger and more flexible re- At the present time, although there is a aged in most cases by funding matches lationship with Pakistan, and I com- fairly large body of evidence, we do not from many other countries that share mend the Senator for all of his work on think there is the evidence there that would these development and environmental this important issue. justify the imposition of sanctions. But I priorities. First, I will just say that some may want to assure all that we feel an obligation I hope we can address this issue fur- call this a pro-Pakistan amendment, to keep this matter carefully under review ther as we move through this process. implying this is to help Pakistan and and to follow and comply with the law in Otherwise, I worry that we may jeop- nothing more. Quite frankly, I see this this regard. ardize the very good work done by as a pro-American amendment that Mr. President, I ask unanimous con- many international organizations, in- strengthens U.S. interests and objec- sent that this statement appear at this cluding those ably led by Americans. tives in a vital region of the world. point in the RECORD. Let me mention the consolidation of I am sorry I was not able to be here There being no objection, the mate- the development assistance and eco- for some of the earlier statements that rial was ordered to be printed in the nomic support fund into a single assist- were made, but I was here for most of RECORD, as follows: ance account. That dissolves the well- the comments made by my colleague ADDRESS BY SECRETARY OF STATE WARREN established separation between those from Michigan. As I was listening, I CHRISTOPHER ON U.S. NATIONAL INTEREST IN two distinct aspects of U.S. economic was jotting down some notes. I could THE ASIA-PACIFIC REGION, NATIONAL PRESS aid. I am worried this change makes not help but think, as the Senator from CLUB, WASHINGTON, DC. developmental assistance vulnerable, Michigan, my good friend, was speak- Question. Will the Clinton Administration especially in the event of emergencies, ing, that the missile technology con- order additional sanctions against China for to short-term pressures at the expense trol regime only covers exports and im- supplying missile technology to Pakistan of long-term goals. ports. It obviously does not cover mis- and Iran? Secretary CHRISTOPHER. As I mentioned in I understand the chairman’s reasons siles developed in the country. my remarks, we are concerned about pro- for including both the development The question I was going to pose to liferation issues, and we are certainly con- fund for Africa and the child’s survival the Senator from Michigan when he cerned about it as they relate to South Asia. program in the new bilateral economic yielded the floor was whether or not We monitor it very carefully and very close- assistance account. However, I trust the Senator from Michigan would be ly. that as we move through the process, willing to extend these kinds of sanc- At the present time, although there is a every effort will be made to protect tions to India, even though it is not fairly large body of evidence, we do not these programs from any further reduc- under the MTCR? We understand that. think there is the evidence there that would But nonetheless, a duck by any other justify the imposition of sanctions. But I tions. It is critical that the funding for want to assure all that we feel an obligation these neediest individuals and the name is still a duck, and when you are to keep this matter carefully under review neediest continent be preserved. talking about missile technology and and to follow and comply with the law in The cut of $28 million below the ad- throw weight and whether or not you this regard. ministration’s request for voluntary have the capability of delivering cer- Mr. HARKIN. Mr. President, again, funding for the peacekeeping account tain types of weapons, then certainly Secretary Christopher said, as late as is also of concern. International peace- India has proceeded down that path. July 28, there was not enough evidence MTCR, as we know, only covers im- keeping is a great way of leveraging that would justify the imposition of ports and exports, but when you are our defense expenditures and reducing sanctions. talking about sanctions in terms of a the exposure of our troops, while help- That is really kind of what we are missile regime, I think you have to ing to resolve conflicts of direct con- talking about here. Again, my friend look at it more broadly than that. So, cern to us. It is one of the most cost-ef- from Michigan mentioned something in again, if you are going to have sanc- fective methods of increasing capabili- his comments about the transfer of tions, why not have sanctions on India, ties while sharing the burden in situa- missiles and missile technology. All I too? I rather doubt the Senator would tions that demand our attention. can say is that the last paragraph of Mr. President, I want to again com- be in favor of that. But I say to my friend from Michigan the amendment is very clear and un- mend the Senator from Colorado for equivocal. It says: raising and discussing very eloquently that I think—and I checked this; it has this very difficult and important been checked by staff with the State Nothing contained herein shall affect sanc- Department—that the major flaw in tions for transfers of missile equipment or amendment. I also again want to com- technology required under section 11B of the mend both the chairman and ranking the argument of the Senator from Export Administration Act of 1979 or section member of the subcommittee for their Michigan is this: If there are viola- 73 of the Arms Export Control Act. tions, would the MTCR prohibit only efforts in crafting a bill under ex- You cannot get much clearer than all new licenses to Pakistan and China? tremely difficult circumstances. that. Again, I think the Senator from The items we are talking about here Mr. President, I yield back the re- Michigan sort of raised a kind of straw were already licensed in the 1980’s. mainder of my time. man here because, obviously, the Mr. BROWN addressed the Chair. These are old licenses, not new. amendment offered by the Senator The PRESIDING OFFICER. The Sen- So my point is that even if MTCR from Colorado is explicit in its last ator from Colorado. sanctions were imposed tomorrow, all paragraph in saying that nothing here- Mr. BROWN. Mr. President, we have of these items could still go to either in shall violate the Arms Export Con- been trading back and forth. I have Pakistan or to China. committed to the Senator from Iowa. I So the Senator from Michigan made trol Act. certainly will understand if the distin- an interesting statement, but it just Next, Mr. President, in case anybody guished Senator from Ohio—— does not comport with the facts and says, ‘‘Well, that was July 28 that Sec- Mr. GLENN. That is all right. with what MTCR covers. retary Christopher made those com- Mr. BROWN. Mr. President, I thank Mr. President, again, whether or not ments,’’ I have a copy of a letter here him and thank him for his generosity this evidence exists, let me read here a to the majority leader, Senator DOLE, in allowing us to proceed. I yield now statement made by Secretary Warren from Secretary Christopher, regarding to the Senator from Iowa such time as Christopher on July 28, 1995, this sum- several issues, one of which is the issue he may consume. mer, to the National Press Club. regarding Pakistan. Let me read this The PRESIDING OFFICER (Mr. JEF- Here was the question: paragraph that is in the letter dated FORDS). The Senator from Iowa. Will the Clinton Administration order ad- September 20: Mr. HARKIN. Mr. President, I thank ditional sanctions against China for supply- We appreciate the bipartisan interest we the Senator for yielding me this time. ing missile technology to Pakistan and Iran. have seen in improving our relationship with September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13953 Pakistan. We would support an amendment talks, which have taken years to progress, There remain other problematic issues in that would permit aid to Pakistan that is in will hold hostage the very funding that will the bill, but we are encouraged by the will- our own interest, such as trade promotion, facilitate the progress we all so desire. We ingness of the bill’s managers to work with counternarcotics assistance, and remain convinced that the North/South dia- us, and we hope that these other issues can counterterrorism programs. We also support logue will move forward substantially as a be resolved on the Senate floor or in con- language that would allow for the return of result of the Agreed Framework and the cre- ference. military equipment for which Pakistan has ation of KEDO. Our failure to contribute to Sincerely, already paid. KEDO will threaten its ability to meet its WARREN CHRISTOPHER That is what is in the Brown amend- obligations under the Framework and, con- Mr. HARKIN. Mr. President, last, re- ment. sequently, invite North Korean non-compli- ance. The Agreed Framework is working. garding the letters, in making the To engage Pakistan on issues of concern to North Korea has frozen its nuclear weapons point that the points of the Senator us, including non-proliferation, it is essen- program. We need Congressional support for from Michigan are not in keeping with tial to resolve this unfair situation. KEDO to keep the freeze in place. the views of the Secretary of State or That is dated September 20. Regarding assistance to the New Independ- of this administration, let me also read Mr. President, I ask unanimous con- ent States (NIS) and Russia, we have reached from a letter dated August 2 from the sent that that be printed at this point a critical moment in the reform process. Continued funding is essential. It can make Secretary of Defense, William Perry, to in the RECORD. the chairman of the Armed Services There being no objection, the letter a major difference in whether reformers in Russia, Ukraine, Armenia, Moldova and Committee, Senator STROM THURMOND. was ordered to be printed in the other states will be able to maintain momen- Again, I will read the first paragraph: RECORD, as follows: tum, or the opponents of reform will halt the For the past six months, the Administra- SECRETARY OF STATE, development of democratic market societies. tion has wrestled with the difficult problem Washington, September 20, 1995. We need to stay the course for this transi- of trying to build a stronger, more flexible DEAR SENATOR DOLE: As the Senate begins tional period, while normal trading and in- relationship with Pakistan—an important, consideration of the FY 1996 Foreign Oper- vestment relationships develop in the former moderate Islamic democracy in a troubled ations Appropriations bill, I would like to Soviet states. We very much appreciate the region which has been a long-time friend and address several issues in the version of the continued support we have received from the has become a major partner in peacekeeping bill as reported by the full Appropriations Congress, and the Senate Appropriations operations—while promoting the very impor- Committee. Committee in particular, for this critical ef- tant nonproliferation goals of the Pressler At the outset I would like to thank Chair- fort, as reflected in this bill. Amendment. man McConnell and Senator Leahy for their At the same time, however, we oppose new willingness to work with us and to include conditions on assistance to the NIS. It is of Then he went on in the letter to priority initiatives such as a long-term ex- course tempting to withdraw our assistance point out basically what is in the tension of Middle East Peace Facilitation as punishment when we do not agree with amendment and what the President Act (MEPFA) and a drawdown authority for Russian actions or policies. But this would would support. And then Secretary Jordan in the subcommittee mark. We would be a mistake. This assistance is in our na- Perry says this: oppose any amendments that would alter the tional interest. Cutting or restricting aid While we recognize this is not a perfect so- carefully negotiated language for either of would hurt reformers, the very people who lution, it is, we believe, the course which these initiatives. Also, we appreciate the have protested the war in Chechnya, criti- will best help us resolve a difficult problem Subcommittee’s removal of objectionable cized Russia’s proposed nuclear sale to Iran, with a country which has long been a friend. conditions adopted by the House on popu- or insisted that Russia end cooperation with This is an effort to resolve issues involving lation assistance and aid to Turkey, Haiti, Cuba. We urge you to remove such condi- ‘‘fairness’’ that have become a major irritant and Mexico. We hope to continue in this co- tions from this bill. Let me assure you that in our relationship with Pakistan—it is in no operative fashion to produce a Foreign Oper- we share your concerns about Russia’s poli- way an effort to resume a military supply re- ations bill that can be presented to the cies in these areas; that is why we continue lationship. Meanwhile, our ability to work President with bipartisan support. to work on other fronts to stop the Russian with Pakistan to achieve nonproliferation Despite the favorable aspects of the legis- nuclear reactor sale to Iran and to prevent goals is eroding. The status quo, unfortu- lation, there are several items that are of completion of the Cuban reactor project. great concern to be Department of State. We also urge you to restore the national nately, offers few incentives for future co- The funding levels throughout the bill are security waiver for the certification require- operation or restraint by Pakistan—or by well below the President’s request level. The ment on violations of territorial integrity, India, whose nuclear and missile programs Foreign Operations cuts, coupled with the which has been removed from the Senate are also of concern. If we succeed in putting cuts being proposed to international pro- version of this bill. It is important that the this issue behind us, we will be in a better grams in the Senate’s Commerce, Justice, President retain the ability to determine position to engage Pakistan in a construc- State Department Appropriations bill, rep- whether the national security of the United tive way on issues of concern to us, particu- resent a serious threat to America’s leader- States justifies a waiver of this requirement. larly nonproliferation. ship in international affairs. Moreover, removal of the waiver provision Mr. President, I ask unanimous con- The bill also contains numerous earmarks could have unintended consequences, such as sent that this entire letter to Senator and substantially restructures our foreign prohibiting humanitarian assistance to the STROM THURMOND, dated August 2, 1995, aid accounts. We expect international agen- victims of regional conflicts in countries be printed in the RECORD. cies to do their share in the effort to balance such as Armenia. the budget as the President’s budget plan The language regarding restrictions on the There being no objection, the letter makes clear. However, we, the Administra- terminaiton of sanctions against Serbia and was ordered to be printed in the tion, should have the flexibility to apply Montenegro also reflects objectionable RECORD, as follows: funds to the programs that provide the best House language carried over in the Senate THE SECRETARY OF DEFENSE, results. Earmarks in our programs for the bill. The recent combination of NATO’s re- Washington, DC, August 2, 1995. New Independent States, International solve and energetic United States leadership Hon. STROM THURMOND, Counternarcotics, and economic assistance on the diplomatic front has led to some en- Chairman, Committee on Armed Services, would prevent us from being able to respond couraging opportunities for a negotiated set- Washington, DC. to the crises and unexpected requirements of tlement to the conflict. To prematurely DEAR MR. CHAIRMAN: For the past six the post-Cold War world. Further, the pro- close off any avenues that may lead to a dip- months, the Administration has wrestled portionality requirement in the new Eco- lomatic settlement, including adjustments with the difficult problem of trying to build nomic Assistance account restricts our abil- to the sanctions regime against Serbia, a stronger, more flexible relationship with ity to change the distribution of these funds would complicate our efforts. Pakistan—an important, moderate Islamic from year to year. We oppose these restric- We appreciate the bipartisan interest we democracy in a troubled region which has tions. have seen in improving our relationship with been a long-term friend and has become a The bill also contains a number of objec- Pakistan. We would support an amendment major partner in peacekeeping operations— tionable policy provisions. Retrictions on that would permit aid to Pakistan that is in while promoting the very important non- our ability to contribute to the Korean En- our own interest, such as trade promotion, proliferation goals of the Pressler Amend- ergy Development Organization (KEDO) counternarcotics assistance, and ment. would, in effect, prevent U.S. funding of counterterrorism programs. We also support Based on a detailed review within the Ad- KEDO and greatly hinder, if not destroy, the language that would allow for the return of ministration and consultations with Con- international effort to implement the Agreed military equipment for which Pakistan has gress, the President had decided to address Framework. We oppose linking KEDO fund- already paid. To engage Pakistan on issues this matter on three fronts: ing to substantial progress on North Korean/ of concern to us, including non-proliferation, First, he strongly supports provisions al- South Korean dialogue. Imposing an artifi- it is essential to resolve this unfair situa- ready contained in the House and Senate cial and unrealistic deadline on North/South tion. versions of the Foreign Aid Authorization S 13954 CONGRESSIONAL RECORD — SENATE September 20, 1995 bill that would permit us to resume eco- lent to the Harpoon, they do have equipment United States instead of to the Soviet nomic assistance and limited military assist- to locate submarines and are capable of Union, despite efforts by Moscow to en- ance affecting clear U.S. interests (including launching torpedoes. tice him there. While in the United assistance in peacekeeping, The Indian Navy also possesses an anti- States during 1950, the Prime Minister counterterrrorism and counternarcotics as ship missile, the Sea Eagle, which is similar well as IMET). to the Harpoon. Although not capable of explained to various American audi- Second, the President has decided to seek being launched from the maritime patrol air- ences that the principles on which the authority, as provided by an amendment to craft mentioned above, the Indian Sea Eagles nation of Pakistan was based were as be proposed by Senator Brown, that would can be carried on the Sea Harrier jets and the compatible with the political, economi- release approximately $370 million worth of Sea King helicopters which operate from In- cal, and ideological goals of the United embargoed military equipment purchased by dia’s two aircraft carriers—thus giving the States as they were incompatible with Pakistan before the imposition of Pressler Indian Navy a more formidable long-range communism. He expressed that it sanctions. This authority would specifically strike capability than that provided by three would be the view of his government to exclude the release of the F–16s. Among the P–3s. items that would be released are three P–3C C–NITE would enable Pack Cobra heli- ‘‘throw all its weight in the effort to Orion maritime patrol aircraft, Harpoon copters to launch TOW 2 anti-tank guided maintaining stability in Asia.’’ anti-ship missiles, counter-mortar radars, missiles at night; however, these 19 heli- In a speech to this Congress, Prime howitzers, and support kits for F–16s and copters, so equipped, would hardly offset In- Minister Liaqat Ali Khan proclaimed Cobra helicopters already in the Pakistani dia’s 2 to 1 advantage (by over 2000 tanks) that ‘‘no threat or persuasion, no ma- inventory. These items will not disturb the over Pakistan. terial peril, or ideological allurement conventional arms balance in South Asia The Pakistani F–16s are already equipped could deflect Pakistan from its chosen which overwhelmingly favors India. with the AN/ALR–69 radar warning receiver Finally, the President has decided that, and AN/ALQ–131 electronic counter measures path of free democracy.’’ rather than releasing the 28 F–16s to Paki- jamming equipment. These are defensive Pakistan lived up to its commit- stan, he will seek to sell them to a third rather than offensive systems. The ALR–69 ments later on in June of 1950 when it country and deposit the proceeds of any sale alerts the pilot that a radar has ‘‘painted’’ declared its unqualified support for the in the Pakistan Trust Fund to reimburse, as his aircraft; the ALQ–131 electronically de- United States in our war in Korea and much as the sale permits, Pakistan’s invest- flects the hostile missile. The ALR–69 and backed us in that war. ment in these aircraft. ALQ–131 kits that would be released would While we recognize that this is not a per- enhance the reliability of these systems In 1954, they joined the Central Trea- fect solution, it is, we believe, the course rather than provide any new military capa- ty Organization. In 1955, they joined which will best help us resolve a difficult bility. SEATO. These two American-backed problem with a country which has long been Since Pakistan has previously received alliances were aimed at the contain- a friend. This is an effort to resolve issues in- over 200 AIM–9L air-to-air missiles, the re- ment of communism and were very suc- volving ‘‘fairness’’ that have become a major lease of 360 more will not provide any new cessful. In 1959, our two countries irritant in our relationship with Pakistan— capability. Furthermore, India will still signed a Mutual Defense Treaty, which it is in no way an effort to resume a military enjoy an almost 2 to 1 advantage in jet com- is still operational today. So this is a supply relationship. Meanwhile, our ability bat aircraft over Pakistan to include a bet- to work with Pakistan to achieve non- ter than 2 to 1 advantage in aircraft equiva- long history. proliferation goals is eroding. The status quo lent to the Pakistani F–16s (i.e., MiG–29 and Again, some will say, well, Pakistan unfortunately, offers few incentives for fu- Mirage 2000). has had military dictatorships and vio- ture cooperation or restraint by Pakistan— The 24 howitzers that would be released to lations of human rights. Listen, I un- or by India, whose nuclear and missile pro- Pakistan are M198 155 mm towed howitzers. derstand that. But I believe that the grams are also of concern. If we succeed in Given the fact that the Indian Army has over freedom advocates in Pakistan have putting this issue behind us, we will be in a 3000 towed artillery pieces (almost twice the been at it continually. They have been better position to engage Pakistan in a con- number in the Pakistani inventory), 24 more structive way on issues of concern to us, par- will not make a significant difference. It assassinated and tortured, but they ticularly nonproliferation. should be noted that during the nearly five continue to struggle for democratic The second aspect of this three-part ef- years that these howitzers were embargoed, freedoms in that country. Those are fort—embodied in Senator Brown’s pending India acquired over 250 equivalent artillery the ones about whom I spoke, not the amendment to provide authority to release pieces from Czechoslovakia and Russia/ military dictators, not the repressive the embargoed Pakistan equipment other USSR. forces in Pakistan, of which there are than the F–16s—may be coming to a vote In regard to MK–46 torpedoes, Pakistan more than just a few, but to those very shortly. I urge you to support our ef- will receive parts that constitute less that brave people of Pakistan who, through forts to resolve this problem by supporting one operational MK–46. Senator Brown’s amendment when it is of- As for the 2.75’’ rockets, these constitute a all of this, continue to struggle and to fered. resupply of ammunition for one of the weap- fight and to maintain an adherence to Sincerely, ons systems on the Pakistani Cobra heli- democracy. In 1960, Pakistan’s commit- WILLIAM J. PERRY. copters—they do not give Pakistan any new ment, its friendship to the United capability. States was put to a very severe test. PUTTING THE RELEASE OF EMBARGOED Mr. HARKIN. Mr. President, I wanted Again, in accordance with the Mu- PAKISTANI EQUIPMENT INTO PERSPECTIVE to make those points up front to ade- tual Defense Treaty, Pakistan allowed The total package has a value of $368 mil- quately refute, I think, some of the us to set up some bases. One of them lion—not $700 million as has been reported. points made by my friend from Michi- was a base from which we flew our U– Although the P–3C Orion provides a long- 2 flights over the Soviet Union and one range offensive capability, three aircraft gan. This basically is, as the Senator would hardly disturb India’s nearly 2 to 1 ad- from Colorado has stated so many of those flights, as we all too sadly re- vantage over Pakistan in naval systems: times, a basic issue of fairness. Paki- member, was shot down by the Soviets. It is claimed that the P–3s provide a ‘‘le- stan has been a long-time friend and Francis Gary Powers was the pilot. We thal stand off capability’’ against Indian ally of the United States. all know how the Soviets paraded him naval targets as far south as Cochin; how- I know the hour is late, but I think it as one of their trophies. ever, it should be noted that because the is important that, once again, we re- Soviet leader Nikita Khrushchev Pakistan Navy has no aircraft carriers (of view a little bit of history so that we turned his ire on Pakistan because he which the Indian Navy has two), the Paki- stanis would be unable to provide fighters to do not kind of operate in a vacuum, as knew that is where the plane left from. escort these slow aircraft when operating at though Pakistan was born yesterday, He threatened to use nuclear arms and such a great distance from Karachi—thus or that somehow our relationship with weapons against Pakistan. He boasted leaving them vulnerable to interception by Pakistan just started. that the City of Peshawar would be either land-based Indian Air Force fighters This is a relationship that goes back wiped off the face of the earth because or carrier based Indian Navy aircraft. a long way. At the time of its inde- that is where the base was. The former It is incorrect to say that the P–3C rep- pendence, in 1947, Pakistan made a con- Foreign Minister of Pakistan, in his re- resent a new weapons system for the region scious choice to promote friendship cently published account of the inci- as the Indian Navy already has two squad- rons of similar maritime patrol aircraft that with the United States rather than the dent, describes the cool and confident include five Il–38 (the Russian version of the Soviet Union. The first Prime Minister reaction of the then-President of Paki- P–3) and eight Tu–142 Bear F aircraft. While of Pakistan, Liaqat Ali Khan, chose to stan, who dismissed the Soviet threat these aircraft do not have a system equiva- undertake his first overseas visit to the by saying, ‘‘So what?″ September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13955 Again, put yourself in that context. Again, at our request, Pakistan has United States companies to do business Korean war, Mutual Defense Treaty, been at the forefront of contributing to in Pakistan. So it advances our inter- allowing us to base our U–2 flights U.N. peacekeeping operations. Paki- ests abroad. here. They are bordering right on the stan forces have been deployed for Again, on the question of military Soviet Union, and yet they stood by us. peacekeeping purposes in Bosnia, Libe- equipment, the Brown amendment is a Pakistan again came to the help of ria, Haiti. Pakistani troops were in fair and responsible approach. A fair the United States by helping to facili- Haiti, helping us to restore democracy and responsible approach. We should tate the crucial opening of American to Haiti, Western Sahara, Mozambique, not be charging Pakistan with the relations with China. In 1970, then-Sec- Georgia. storage of military equipment they retary of State Henry Kissinger under- Recently, the United States and purchased that we did not release. It is took a secret visit to China from Paki- Pakistan have also joined hands in the not fair. We should not be holding on stan. Thus, again, Pakistan served as fight against terrorism and narcotics. to military equipment that Pakistan that vital bridge between the United Recently, and in cooperation with simply sent here for repair. It is not States and China. Again, it was critical American personnel, Pakistan recently fair. And we should not hold on to the in the cold war to restrain the Soviet apprehended Ramzi Yousaf for alleged money and hold on to the equipment Union. involvement in the World Trade Center that Pakistan has bought and paid for. Moscow began to speak of the Wash- bomb blast, and Pakistan has extra- That, too, is unfair. ington-Beijing-Islamabad axis. Again, dited over half a dozen drug barons to This issue has led to a steady erosion it was only Pakistan which bore the the United States in our joint counter- of our relationship with Pakistan, an brunt of Soviet anger when Moscow narcotics drive. old friend—a struggling democracy, signed the defense treaty with India, Again, Mr. President, I recite all struggling, a very troubled part of the and through a massive transfer of arms this. I know a lot of people know this world. as well as political support which en- history, but maybe too many of us So in order to strengthen our part- abled India to invade East Pakistan in have forgotten, and we have forgotten nership and advance American inter- 1971. what a close friend and ally Pakistan ests, it is essential to put this problem Regrettably, the United States stood has been. behind us, wipe the slate clean and con- by even though we had a mutual de- Again, as a moderate democratic Is- centrate on the issue of nonprolifera- fense treaty with Pakistan at that lamic country, Pakistan is the only tion, which is the intent of the Pressler time. tried and trusted friend that we have in amendment. In 1979, once again Pakistan’s friend- that Islamic world. The recent visit of The Brown amendment helps us do ship with the United States was put to Prime Minister Bhutto clearly dem- just that. a severe test when the Soviet Union in- onstrated that Pakistan’s commitment Again, when you look at the equip- vaded Afghanistan. Over the next dec- to friendship with the United States re- ment that we are talking about, there ade, Pakistan joined the United States mains as strong as it was during the is nothing in here that is new. As I in helping to roll back Soviet com- cold war. said, these are items that were already munism and expansion. It did so at Mr. President, with this kind of his- approved. These are not items that great cost. Not only, again, did the So- tory, for the life of me, I cannot under- would be covered under the missile viet Union threaten Pakistan with dire stand why we continue to treat that technology control regime. consequences, but launched a campaign country as we do. Again, I am only I want to make that point one more of subversion and terror against Paki- talking again about fairness. Secretary time to my friend from Michigan. Even stan. The country experienced numer- of State Christopher said that. It is an if the MTCR sanctions were imposed ous violations of its ground and air- tomorrow, all the items in the Brown space, terrorist bombings, subversion. issue of fairness. Secretary of Defense To add to these problems, Pakistan Perry said it is a question of fairness amendment could go because they had provided refuge to more than 3.2 mil- and a question of our relationships already been approved under the old re- lion Afghans at great political and eco- with Pakistan. gime. Again, the Brown amendment is fair, nomic cost to itself. Think about that, Mr. President, again, neither India or Mr. President: 3.2 million Afghans Pakistan are a party to the Nuclear it is responsible, it is reasonable, it sought refuge in Pakistan. Nonproliferation Treaty. I wish they will wipe the slate clean. I think it will Pakistan continues to pay the price were. If I had an argument against help promote democracy and the demo- for the role it played in the defeat of Pakistan, it would be that argument. cratic forces that are struggling and the Soviet Union in Afghanistan. But They ought to be a part of it. But so have struggled so hard in Pakistan. I they stood by us and they helped. Iron- should India. India cannot skate by on do not think it will do one iota in any ically, however, this successful co- this simply because they say they are way to encourage any kind of nuclear operation between Pakistan and the not importing and they are building proliferation or technology of missiles United States was followed by the their own. They cannot skate by on or anything else. As I said, the Sec- worst period in their bilateral relations that kind of flimsy excuse. retary of State and the Secretary of with our country with the imposition Again, I do not think anyone here Defense have both said that the evi- of the Pressler sanctions against Paki- would advocate unilateral disar- dence is not there in sufficient amount stan in 1990. mament on our part. Certainly, we to impose these kinds of sanctions. Even despite this development, Paki- could not expect Pakistan to have a So, again, I would just say that it is stan continued to seek friendly rela- unilateral disarmament on their part. in our best interests to adopt the tions with the United States and came Again, I hope that both sides, India Brown amendment. That is why the ad- to our assistance whenever we re- and Pakistan, would agree to a regime ministration supports it so strongly. quested. Pakistan made significant of peaceful relations and a downgrad- That is why I support it. I believe we troop contributions to the multi- ing of both of their military systems. have to get on with renewing our rela- national forces during the gulf war to But we cannot expect Pakistan unilat- tionship with Pakistan, to wipe the liberate Kuwait. At the political level, erally to do that, not given the history slate clean, to treat them fairly—not Pakistan not only condemned the Iraqi of that region. unfairly. invasion of Kuwait but was instrumen- I understand Pakistan is not a per- If people want to talk about the tal in promoting the U.N. efforts for fect country. But, again, what we are country that has, I think, pushed us to the liberation of Kuwait. doing is not fair. Absolutely not fair. the limits in terms of using nuclear de- Again, Pakistan took a lead role in The Brown amendment moves United vices, testing nuclear weapons, and the peacekeeping operations in Soma- States policy forward so that we can building up nuclear arsenals, we ought lia, serving together with American work with Pakistan to tackle a lot of to be talking about India, not Paki- troops in that country. It was not the problems: drug trafficking, inter- stan. So I think this will get us back first time that American and Pakistani national terrorism, peacekeeping, ille- on a more even keel and perhaps will soldiers died together for the same gal immigration. But, again, it also set us up in a regime where we can ac- cause. strengthens a competitive position for tually engage both India and Pakistan S 13956 CONGRESSIONAL RECORD — SENATE September 20, 1995 to begin a process of more peaceful re- we have one and are we willing to abide necessary to get that nuclear capabil- lations and negotiations leading to a by it? Or is it a sham? Is it only for ity. They have been embarked on a nu- cooling down in that region of the press conferences? Is it only for cam- clear weapons program ever since, even world and, perhaps, even a reduction in paign talk and little else? That is the though they have steadfastly denied it, the weapons in both India and Paki- question. year after year after year after year. stan. Talk about trusting the United And they have been untruthful to us. If we continue on the way we are States, let us talk about how much we I went to Pakistan, met personally going, then I fear the hard line forces can trust other nations of the world with President Zia back years ago, in Pakistan, the antidemocratic forces, whom we try to help and work with. with Yaqub Khan, who was foreign are going to go to the forefront. I think We have felt strongly enough about our minister, and their atomic energy com- they are the ones who are going to be nuclear stockpiles and what is going on missioner at that time, met with all able to say look, how can you trust the around the world that we have ex- these people, sat and talked to them United States? Here we have done all horted other nations to please sign up one on one, looked them right in the these things for the United States over under the nonproliferation treaty. At eye, and they swore up and down they all these years—we have supported the same time, we pledged that if a sit- had no nuclear program under way. them, been their great friends, backed uation ever got to where we could start And I think they even knew at that them up, and they turned their back on working our stockpiles of nuclear time that I knew that what they were us. weapons down, vis-a-vis the Soviet telling me was not true, even though If you want to push Pakistan, as Union, we would do that. Fortunately, we had good intelligence information some of these people are saying, closer at this day and time, after all these at that time. to China, that is the way you do it. If years of cold war, we have reached that Let me just quote—I am going to put you defeat the Brown amendment you point where we now are downsizing, as some of this in the RECORD later on at will get just what you asked for. You we call it, our nuclear weapons stock- the end of my remarks, but let us bring will get the more repressive forces in piles. And we are all glad that is occur- it up to date here with the present Pakistan going along with the repres- ring. Prime Minister, Benazir Bhutto. Listen sive forces that are dominant in China In the meantime we asked other na- to some of her comments on this. today, and then we really will have a tions to sign up under the NPT, to sub- Going back when she was opposition problem in South Asia. mit to IAEA inspections. And we have leader, Benazir Bhutto, shortly before Mr. President, I urge the adoption of had 178 other nations that have put she became Prime Minister, the Wash- the Brown amendment and I yield the their faith in the United States of ington Post quotes her as saying: floor. America, to follow our lead and say, We don’t want any controversy with the The PRESIDING OFFICER. Who ‘‘Yes, we trust you. And, yes, we will U.S. on the nuclear issue. We want it clear yields time? go along, we will not develop nuclear beyond doubt that we are interested only in Mr. GLENN. Mr. President, I yield weapons in return for America’s co- energy, not nuclear weapons. myself such time as I may require. operation in peaceful uses of nuclear That was on November 19, 1988. The PRESIDING OFFICER. The Sen- energy.’’ On November 28, 1988, once again op- ator from Ohio is recognized. Who is the most egregious violator of position leader Benazir Bhutto, inter- Mr. GLENN. Mr. President, before all these things with regard to not viewed in Time Magazine, says: the Senator from Iowa leaves, I want signing up, refusing to sign up under We believe in a peaceful nuclear program to point out, he was questioning the nonproliferation treaty, not co- for energy purposes and nothing else. whether we would have the guts to operating in matters nuclear, in fact Now Prime Minister Benazir Bhutto, sanction India. I point out to him that telling untruths, one right after the interviewed in the Calcutta Telegraph we did sanction India under the MTCR. other, one right after the other, on and on December 14, 1988—she is now Prime We had United States sanctions im- on and on and on and on? That is Paki- Minister—is quoted as follows: posed against India, the Indian space stan. I can tell you with confidence there is no research organization, and against I can appreciate very much the situa- bomb program in Pakistan. There is no bomb Russia, Glavcosmos, for the Russian tion Pakistan finds itself in. Some program. There is no bomb program. transfer of cryogenic rocket engines. years ago China developed nuclear Later on Prime Minister Benazir That was in 1992, I believe. So we did weapons. They have been part of the Bhutto, interviewed on MacNeil/Lehrer actually have sanctions against India. nuclear weapons scene across the world on December 16, 1988: What we did was we cut the United for many years. India and China have We are committed to a peaceful energy States exports of missiles for a 2-year had border troubles, disputed terri- program. We don’t have any nuclear weapons period, I believe it was. I do not have tories. Both claimed certain areas up policy. Pakistan doesn’t have any intention the exact date it was put into effect— along the border, and they have been to get a nuclear device or a nuclear weapon. yes, we do. This is out of the May 12, back and forth at each other for many, Bring it on up a little bit. Prime Min- 1992 Washington Post, an article by R. many decades, going way back. So, as ister Benazir Bhutto, once again ad- Geoffrey SMITH titled, ‘‘U.S. Imposes soon as China developed nuclear weap- dressing a joint session of the U.S. Con- Sanctions Against Russian-Indian Con- ons, India felt they had to do the same gress, on the other end of the Capitol cerns Over Rocket Deals.’’ thing or they would not be safe. So from us, when she came over here and Mr. HARKIN. If the Senator will they set about a nuclear weapons de- addressed us on June 7, 1989, said: yield, that is true, but the sanctions velopment program. In 1974 they set off Speaking for Pakistan, I can declare that have since expired. their first nuclear device. They called we do not possess nor do we intend to make Mr. GLENN. They expired, but I it a PNE, a peaceful nuclear explosion. a nuclear device. That is our policy. thought the point was we did not have OK, that is fine, they can call it what That was to the Congress of the Unit- guts enough to assign sanctions they want, but a bomb is a bomb is a ed States. against India—but we did. We have bomb is a bomb, whether you call it a July 10, 1989, Prime Minister Benazir done it. peaceful bomb underground for test Bhutto: Mr. HARKIN. Again, we continued purposes or whether it is a bomb that Pakistan has not, nor do we have any in- the sanctions on Pakistan but let them is usable, an explosive device that will tention of putting together or making a expire on India. go off somewhere else. bomb or taking it to the point where you can Mr. GLENN. The same sanctions ex- As a result of the Indian PNE, then put it together. pired on India. But, anyway, the issue we had Pakistan swore they would get Another one quoted by AFP on Au- here is not the money, small amounts the bomb one way or another, no mat- gust 29, 1989: of equipment and so on. The issue is: ter what they had to do to do it. In fact We do have the knowledge but I do think Does the United States of America then Prime Minister Bhutto, the cur- there is a difference between knowledge and have a nuclear nonproliferation policy rent Prime Minister’s father, who later capability. So we do have a knowledge, if worthy of the name or not? That is ba- died, said that, to quote his words, confronted with a threat to use, but we do sically what we are talking about. Do Pakistan would ‘‘eat grass’’ if it was not in the absence of any threat intend to September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13957 use that knowledge. In fact, as a matter of Now, in an attempt to dampen such big thing this was going to be, and that policy, my government is firmly committed activity, in 1976 and 1977, Congress en- was the best thing to do to get the to nonproliferation. acted what is now called the Glenn–Sy- Pakis to hold back on their bomb pro- Then quoted in an interview in a Ger- mington amendment to the Foreign gram. So we required reports, and man newspaper, as quoted by Reuters, Assistance Act which provided that those reports, along with supple- on October 22, 1989: countries importing or exporting such mentary intelligence information, re- It is true that Pakistan has certain knowl- dangerous technologies under certain vealed there was no effect whatsoever edge in the nuclear field but it has no inten- conditions would be cut off from U.S. on the pace or the direction of the Pak- tion of using this knowledge. To put it an- economic and military assistance. istani bomb program. other way, we do not want to convert this This law was universal in its applica- The Pakistanis continued to say pub- knowledge into, shall we say, a nuclear capa- bility at the present time. tion. It was not directed specifically licly they had no nuclear weapons pro- toward Pakistan at all. Nonetheless, in gram and continually lied to United And the last one that I will read here 1979, after much information became States authorities whenever ques- out of a number of other examples I available about illegal Pakistani ac- tioned. Indeed, then-President Zia and could give was in 1994, last November, tivities involving the smuggling of de- then-head of the Pakistani atomic en- November 18, 1994, being interviewed by sign information and equipment relat- ergy commission, Mir Khan, both lied David Frost on PBS. Prime Minister ed to nuclear enrichment, President to me in my visit to Islamabad in 1984. Benazir Bhutto: Carter invoked the Glenn–Symington Lying is a harsh word, but I cannot put We have neither detonated one nor have we amendment to cut off the Pakistanis. any other word to it. That occurred got nuclear weapons. Being a responsible state and a state committed to nonprolifera- After the war in Afghanistan broke when I asked about information I had tion, we in Pakistan through five successive out, attempts by the Carter adminis- concerning their nuclear program. governments have taken a policy decision to tration to restore some assistance to The result of all this mendacity, plus follow a peaceful nuclear program. Pakistan in return for restraints on ongoing information that the Paki- Well, at a later time I will ask to their nuclear program were rebuffed by stani program was progressing, was the enter these in the RECORD at the end of the Pakistanis. When the Reagan ad- enactment of the Pressler amendment. my remarks. But those are examples of ministration arrived, aid to Pakistan The Pressler amendment was passed in some of the statements and there are and the mujaheddin was high up on the 1985, which was designed to draw a new several dozen others here by various administration’s foreign policy agenda. line in the sand regarding the extent of Pakistani officials that go along the At that time, they even suggested re- United States forbearance over Paki- same line. peal of the Glenn–Symington amend- stan’s nuclear weapons program. Well, so much for the protestations ment. That was suggested during some The amendment required the United that they have made through the of the congressional consultations we President to certify annually that years. had with them. That was rejected. Pakistan did not ‘‘possess,’’ in quotes— In 1987, Yaqub Khan, father of the Instead, a proposal was made and ‘‘possess,’’ key word—a nuclear explo- bomb in Pakistan as he is known, in an adopted into law that allowed the sive device in order for assistance to interview, I believe it was in London, President to resume aid to Pakistan continue and that such assistance made the mistake of saying that, yes, for 6 years despite its violations of sec- would significantly reduce the risk they had the bomb. That was it, period. tion 669 of the Glenn–Symington that Pakistan would possess such a de- MTCR was brought up a little while amendment which related to uranium vice. ago as well as M–11’s. When we talked enrichment activities. President Please note that the argument about to some of the people over at the White Reagan used this authority in 1982 and the Pressler amendment being unfair House today, after I said, what if the also issued a waiver under section 670 because it applies only to Pakistan is missile technology, MTCR, has been of the amendment. This related to re- completely disingenuous because it ig- violated? What would be the adminis- processing activities—to exempt Paki- nores the fact that Pressler was cre- tration’s policy? I was told by the per- stan indefinitely from the cutoff provi- ated to shape further the unique spe- son I was talking to, not the President, sions of that section of the Glenn–Sy- cial exemption from United States but I was told by the person I was talk- mington legislation as well. nonproliferation law given to Pakistan ing to, ‘‘Well, if MTCR has been vio- Now, he could not do the same under years earlier. If we had not had the lated, we will abide by the law.’’ section 669 unless he had reliable assur- waiver, we would not have needed Pres- I hope they mean it. I wish they ances that the Pakistanis were not de- sler. would do the same thing with regard to veloping nuclear weapons. And such as- It has been reported that CIA offi- the Pressler amendment and with the surances were clearly not available. cials who were privy to intelligence in- other legislation that we have had on Thus, a specific waiver for Pakistan formation concerning the Pakistani the books for a long time. was created and has been subsequently program were very skeptical beginning To understand how we arrived at this renewed five times. That allowed them from 1987 on that the President could difficult state of affairs with Pakistan, to escape from the sanctions imposed make the appropriate certifications in which they have paid $658 million in by United States law for proliferators. under Pressler to allow aid to continue; cash and used $200 million in credits for This has been done for no other coun- in other words, to say with some cer- 28 F–16’s but cannot have them deliv- try that I am aware of. So anyone who tainty that they did not possess any ered, I think we need to go back. I thinks we are being too harsh on Paki- nuclear device and that our assistance think we need to review a little bit of stan, poor little Pakistan, we have re- was significantly reducing the risk the history of Pakistan. newed that waiver on five different oc- that they would possess. I would also add that $658 million in casions. Nonetheless, Congress was un- Statements from high-ranking Paki- cash and $200 million in credits comes willing to give a complete blank check stani officials around this time sug- up to about $858 million that we are to Pakistan and stipulated in the waiv- gested they had the bomb within their talking about. er legislation that Pakistan would still grasp. Nonetheless, President Reagan But to go back a little bit, in the be cut off if—if—it received or exploded in 1987 and 1988 and President Bush in mid-1970’s, Congress became concerned a nuclear device. 1989 made those certifications. It has about increasing evidence of inter- Now, in addition, Congress stipulated also been reported that President Bush national nuclear trade in dangerous that an annual report would be pro- told the Pakistanis in 1989 that he technologies associated with producing vided on Pakistan’s nuclear activities would be unable to make this certifi- nuclear weapon materials. so that Congress could confirm that cation the next year in 1990. A number of countries, including but United States assistance was indeed in- Now, the contract for the sale of 28 not limited to Pakistan, South Korea, hibiting Pakistan’s bomb program as F–16’s was signed in 1989, the year Brazil, Taiwan, were actively engaged was confidently assumed by Reagan ad- Pakistan ostensibly had been warned in seeking such technologies, and sup- ministration officials. that there would be no further certifi- pliers such as France and Germany We have a number of statements that cation that would allow them to re- seemed prepared to meet the demand. they made at that time about what a ceive military equipment from the S 13958 CONGRESSIONAL RECORD — SENATE September 20, 1995 United States. The first cash payment the war in Afghanistan. I want their So much for the discrimination in by Pakistan of $50 million was made at cooperation in the fight against terror- United States policy, as though we are the beginning of fiscal year 1990. Subse- ism and drugs. But surely we have to picking on Pakistan. quent to the cutoff, which came be- find a way to support them in these ac- By this record, the United States has cause of the Pressler amendment which tivities without enhancing their nu- unquestionably and shamelessly dis- took affect in October 1990, Pakistan clear-weapons-delivery systems. criminated on behalf of Pakistan where continued to send periodic payments As to the cash payments for the F– American law was concerned. The next for the manufacture of F–16’s. That is, 16’s, we cannot ignore the fact that, time I hear much complaint about the $150 million in fiscal 1991, $243 million contrary to the grossly incorrect pub- fact that the Pressler amendment only in fiscal 1992, $215 million in fiscal 1993, lic statement made by Assistant Sec- refers to Pakistan, I can only wonder for a total of $658 million. retary Robin Raphel at a White House what has happened to our memory Why did they continue to send money briefing on April 11, no payments were about these waivers and about our ap- when they knew that U.S. law would made by Pakistan before fiscal 1990. preciation for that history. not enable them to receive the planes? Sticking to the payment schedule of The future of this great Republic de- That is a question only they can an- the contract until fiscal 1993 was a pends upon our Nation’s ability to swer. But it is not unlike an investor gamble by Pakistan that did not pay learn from, not ignore, its experiences. buying a stock of a company whose as- off. Now they want to be held harmless I am tired of discrimination—all dis- sets are under lien in the hope that the from losing their gamble. crimination—but most especially dis- lien will somehow be removed. If it Now, I want to get them their money crimination in favor of proliferation. does not get removed, the investor can back, if we can possibly do it. It is per- Of all the arguments that have been hardly call foul. haps unfortunate that U.S. officials did levied against the Pressler amendment, All this is to say that the Pakis are not disabuse the Pakistanis of the hope I have never heard anyone accuse it of hardly entitled to any sympathy in that making those payments would put being in favor of proliferation. That is their national security plight in South pressure on the United States to re- more than I can say about the current Asia. They fought three wars with a verse the Pressler sanctions and deliver proposal. much larger adversary, India, who is the planes. But that is no reason to Milestone 2, we title this ‘‘Those pursuing a nuclear weapons program turn that hope into reality right now. Peaceful Nuclear Assurances.’’ and exploded a device in 1974. By virtue Mr. President, there have been a Officials from Pakistan, meanwhile, of the India nuclear program being in- number of milestones in the United lost no effort in blanketing our Capital digenous and not in violation of the States-Pakistan nuclear relations. The with a blizzard of peaceful nuclear as- terms of the Glenn–Symington amend- background of this arms transfer surances. My staff assembled an im- ment, the Indians have not been sub- scheme can be summarized by recalling pressive collection of over 70 of these ject to the amendment sanctions, a sequence of some 10 milestones in the promises, assurances, pledges and other which would not have been effective in history of our nonproliferation efforts offerings intended to reassure America any case since the Indians received in Pakistan. I guess milestone 1 would that Pakistan was not just taking our only token amounts of economic or involve those waivers and favors. aid and proceeding with its bomb, military assistance from the United Throughout the 1980’s, officials from which is, of course, exactly what Paki- States. the executive branch assured Congress stan was doing. But that is not the same thing as and the American taxpayers that bil- Mr. President, I ask unanimous con- saying that United law is discrimina- lions of dollars in aid that we shipped sent to print in the RECORD at the end tory in its application. Now, I indi- to Pakistan throughout that decade of my remarks a collection of these as- cated earlier we have 178 nations who would shore up Pakistan’s security and surances that was compiled by have signed up and extended the nu- thereby act as a substantial break on Michelle Fraser, an intern with the clear nonproliferation treaty, made it a Pakistan’s nuclear program. Committee on Governmental Affairs. permanent treaty. It has been the pol- Mr. President, I ask unanimous con- The PRESIDING OFFICER. Without icy of every American President over sent to insert at the end of my remarks objection, it is so ordered. the past 25 years since the treaty went a list of no less than 20 such assurances (See exhibit 2.) into effect to support the treaty, and to Congress. Mr. GLENN. Mr. President, I recall we have been steadfast in that support. The PRESIDING OFFICER. Without hearing the testimony of the State De- Now, the members of the treaty de- objection, it is so ordered. partment’s Under Secretary James L. serve our trust. We have to be deserv- (See exhibit 1). Buckley before the Nonproliferation ing of that trust. They put their trust Mr. GLENN. To get this aid to Paki- Subcommittee of the Committee on in us. stan, Congress had to create some spe- Governmental Affairs back on June 24, Now, how will we be keeping faith cial waivers for the President to in- 1981. He stated: with those 178 nations meeting in New voke, discriminatory waivers tailored I was assured by the ministers, I was as- York if the message that is sent is that exclusively on Pakistan’s behalf. There sured by the President himself that it was a proliferator with a history of men- was a waiver of our uranium enrich- not the intention of the Pakistani Govern- dacity can receive from the United ment sanctions on February 10, 1982, ment to develop nuclear weapons. States a significant number of nuclear- just for Pakistan. There was a waiver Mr. Buckley went on to argue how weapons-delivery systems, that is, F– of our plutonium reprocessing sanc- new United States aid would act to 16’s. Well, to even ask the question is tions on the same day, February 10, curb Pakistan’s nuclear ambitions. Re- to give the answer: The United States 1982, just for Pakistan. There was an- call that at the time those remarks cannot be a champion of nonprolifera- other waiver of our uranium enrich- were spoken, very few commentators tion on the one hand and a facilitator ment sanctions on January 15, 1988, or analysts were claiming that Paki- of nuclear weapons development or de- just for Pakistan. There was a waiver stan was a de facto nuclear weapons livery on the other. of a nuclear procurement sanction on state. Pakistan did not have bomb- Sending F–16’s to Pakistan before the same day, January 15, 1988, just for grade uranium from its unsafeguarded full realization of the history we laid Pakistan. enrichment plant at Kahuta. News re- out in this letter would indeed be a There was a waiver of our uranium ports had not yet circulated that China gross violation of our commitment to enrichment sanctions on March 28, had provided a design of a nuclear foster nonproliferation ethics in the 1990, just for Pakistan. weapon to Pakistan along with other world through the NPT and other There were waiver authorities of ura- nuclear assistance. We had seen vir- means and would rightfully subject us nium enrichment sanctions that Con- tually nothing about Pakistan engag- to strong international criticism. gress created but which fortunately ing in high-explosive testing of compo- I am certainly not an enemy of Paki- were not exercised by the President on nents of nuclear weapons. stan. I visited there. I like the country. November 5, 1990, October 6, 1992, and Pakistan had no fleet of F–16 aircraft I supported them when they were September 30, 1993, once again, just for which could potentially be used as a threatened in the past, such as during Pakistan. delivery system for nuclear weapons. September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13959 No, indeed, all the above came only already possessed the bomb, and some- ment lawyers had enough and finally after or during the massive flow of aid how Pakistan kept receiving its annual ran out of words to explain why Paki- to Pakistan through the 1980’s. certification that it did not possess. As stan deserved its annual nuclear cer- Despite this record, we are hearing for the executive’s approach to the tification. President Bush decided not today some of the same old recycled word ‘‘possess’’ through that period, I to renew Pakistan’s nuclear meal tick- arguments: Provide aid and it will buy am reminded of a quote from a char- et. The time had finally come for pro- us influence. Some people just refuse to acter in Lewis Carroll’s ‘‘Through the liferation to start costing something. believe that what Pakistan really Looking Glass:’’ ‘‘When I use a word,’’ Milestone 8, ‘‘New Nuclear Assur- wants is both its bomb and our aid. Humpty Dumpty said in rather a scorn- ances, This Time to Congress.’’ Since Milestone No. 3 we can title ‘‘Pro- ful tone, ‘‘it means just what I choose 1990, representatives from both the liferation Unbounded.’’ By the mid- it to mean, neither more or less.’’ Bush and Clinton Administrations have 1980’s, the situation was really getting That is where we find ourselves in re- sought to repeal the Pressler amend- out of hand. Everybody knew that gard to defining the word ‘‘possess.’’ It ment—these representatives promised Pakistan’s bomb program was rolling can mean so many different things. Congress, in writing and repeatedly, right along. This aid included substan- There comes a time when we need to that even if the Pressler amendment tial quantities of military assistance, hold the line against the temptation of were repealed, rest assured, it would even F–16 aircraft, that were quite our officials to redefine terms of law remain the policy of the United States suitable for use in delivering nuclear for diplomatic convenience. As for the to require Pakistan to satisfy the Pres- weapons. possession standard, fate would soon sler standards. Furthermore, Congress To illustrate the scope of the catch up with Pakistan. was assurred by the Executive that progress Pakistan was making on its Milestone 6, ‘‘A Nuclear Near Miss.’’ when it came to licensing commercial bomb as we continued providing aid, In the summer of 1990, Pakistan almost arms sales, we would never, never, Mr. President, I ask unanimous con- engaged in a nuclear exchange with never approve any ‘‘upgrades’’ to exist- India. If any of my colleagues are skep- sent to print in the RECORD at the end ing military capabilities in Pakistan. of my remarks a chronology showing tical about the relevance of nuclear Mr. President, I ask unanimous con- weapons proliferation in South Asia to how bad the problem was. sent to have printed in the RECORD at The PRESIDING OFFICER. Without United States national security, I this point a few samples of these assur- strongly recommend they read Sey- objection, it is so ordered. ances. (See exhibit 3.) mour Hersh, in an article published in There being no objection, the mate- Mr. GLENN. Mr. President, the the New Yorker on March 29, 1993, rial was ordered to be printed in the aptly entitled ‘‘On the Brink of Nu- record is thus quite clear. There was a RECORD, as follows: direct positive relationship between clear War: How Pakistan Came Close to Dropping the Bomb—And How We CONDITIONS FOR RESUMING ECONOMIC AID TO the flow of United States aid and the PAKISTAN: A HISTORICAL REVIEW OF EXECU- progress of Pakistan’s bomb program, Helped Them Get It.’’ This article is, incidentally, also a TIVE BRANCH ASSURANCES TO CONGRESS not the negative relationship that the April 12, 1991: President Bush sends a letter executive repeatedly assured Congress good candidate of the eccentricities of our system for enforcing export con- to Congress accompanying the Administra- would exist. trols. The article describes a 1986 Unit- tion’s ‘‘International Cooperation Act of Milestone No. 4, ‘‘Congress Steps In.’’ 1991’’—the letter acknowledges an intent to By 1985, Congress justifiably had ed States undercover operation to stop repeal the Pressler Amendment, but reas- enough. With the agreement of the ex- yet another planned Pakistani pur- sures Congress that: ‘‘I will continue to in- chase of United States nuclear-related ecutive and even the Pakistani Govern- sist on unambiguous specific steps by Paki- material. According to Hersh: stan in meeting nonproliferation standards, ment, we passed a law known as the including those specifically reflected in the Pressler amendment to set some The State Department’s Near East Bureau was not told of the planned operation, for omitted language, known as the Pressler ground rules to permit the resumption fear that the officers there would tip off the Amendment. Satisfaction of the Pressler of aid to Pakistan. Pakistanis, as they had done in the past, by standard will remain the essential basis for That is overlooked, as my colleague sending a diplomatic protest (known as a de- exercising the national interest waiver that Senator PRESSLER said on the floor marche) to the Pakistani Government. is in the Administration’s proposal in order just a while ago; that the Pressler Though the operation ultimately led to resume economic and military assistance amendment was supposed to set some to the highly publicized arrest of Mr. to Pakistan.’’ ground rules to permit resumption of November 24, 1993: State Department Arshad Z. Pervez in July 1987 on spokesman Michael McCurry says that: ‘‘. .. aid to Pakistan. First, Pakistan must charges of trying illegally to buy 25 as a matter of administration policy, we will not possess a nuclear explosive device, tons of special steel used in Pakistan’s continue to apply Pressler standards’’ to however; and second any new aid must uranium enrichment program, it was Pakistan. reduce significantly the risk that it surely not due to much help from the November 25, 1993: Assistant Secretary of will possess such a device. regional experts in the State Depart- State Wendy Sherman is quoted as having Note how far the current legislative ment. In a statement related directly said in a letter to Congress accompanying proposal departs from these responsible to our subject today, one nonprolifera- the Clinton Administration’s new foreign as- standards. Not only does the proposal sistance bill that: ‘‘The absence of any coun- tion official told Hersh in the article try-specific language in this draft should not call for resuming full economic aid and that. be interpreted as constituting a change in significant new arms deliveries to ‘‘The only thing we had going for us. . .was U.S. policy toward any country.’’ Pakistan despite its failure to satisfy the Pressler and Solarz amendments.’’ November 26, 1993: After the Clinton Ad- the nonpossession standard, but the aid Such accounts of our export control ministration introduced its new foreign aid is supposed to be provided even if it has process only further reinforce my oppo- legislation would repeal the Pressler Amend- no effect whatsoever upon reducing the sition to the scheme offered in the re- ment, the State Department issued the fol- risk of Pakistan getting the bomb. For cent State authorization bill to abolish lowing statement: ‘‘Even if a new foreign as- those who truly care about non- sistance act without specific language on the Arms Control and Disarmament Pakistan were passed, we would continue to proliferation, this is truly a lose-lose Agency and transfer all of its functions apply Pressler standards to Pakistan.’’ proposition. Where is the beef? There is to the State Department, in effect, November 30, 1993: State Department no beef. making State the new nonproliferation spokeswoman, Christine Shelley, tells re- This brings me to milestone 5, the czar. porters that despite the Administration’s ef- issue of the certifications that Paki- Fortunately, there do appear to be forts to drop the Pressler Amendment, ‘‘. . . stan did not possess the bomb. I guess some individuals left in Government, satisfaction of the Pressler standard will re- we could title milestone 5, ‘‘From Red as indicated in the last quote, who main the essential basis for exercising any Line to Elastic Clause.’’ national interest waiver and for resuming treat the Pressler amendment as a use- economic and military assistance, including In the late 1980’s, Pakistan crossed ful tool rather than an obstacle to be any decision by the U.S. Government to sell several additional red lines toward ac- circumvented. or transfer military technology to Pakistan quiring the bomb. Even its top nuclear Milestone 7, ‘‘Judgment Day.’’ By Oc- .. . What we have indicated is that Pakistan scientists boasted in 1987 that Pakistan tober 1, 1990, even the State Depart- would continue to be subject to sanctions S 13960 CONGRESSIONAL RECORD — SENATE September 20, 1995 along the lines of the Pressler amendment receive billions of dollars in develop- under the Pressler amendment, even under the administration’s new proposal.’’ ment assistance via multilateral lend- though Pakistan is still in violation of Mr. GLENN. Just as the United ing agencies. that amendment. It seems reasonable States expects Pakistan to comply Also under this so-called inflexible that before we rush off to provide Unit- with its nuclear assurances, I think it law, Pakistan has used almost $200 mil- ed States Government guarantees for is fair for the Congress to insist on the lion in FMS credits to fund the pur- private loans to Pakistan, we should Executive honoring its own assurances chase of 11 F–16’s between fiscal years surely first take a close look at the po- to Congress when it comes to imple- 1989 and 1993, of which about $150 mil- tential risks and costs that will be menting our nuclear nonproliferation lion were used after the Pressler sanc- borne by the American taxpayer who policy. tions were invoked. And the United will, under the current proposal, under- Milestone 9, ‘‘Some Early Signs of States continues to review and license write those hundreds of millions of dol- Restraint.’’ Although Pakistan’s bomb exports of dual-use goods and tech- lars in private United States invest- program is no doubt continuing, and it nology to Pakistan. ment in Pakistan—a country whose is indeed maintaining its nuclear and Milestone 10, ‘‘Today’s Debate.’’ once-impressive leading city is now missile cooperation with China, it may Which brings us here today: a mile- virtually off-limits to foreign visitors have also acted to halt production of stone of its own in the history of Unit- because it has become a battleground highly-enriched uranium I would like ed States efforts to grapple with Paki- of urban terrorism. Editorials in Paki- to inform my colleagues today that stan’s bomb. It is not so much a mile- stani newspapers are themselves ask- this is the most significant restraint I stone as a crossroads—do we stand up ing if Pakistan can survive in such a have seen in some 15 years in Paki- for a strong nonproliferation policy, or climate of domestic unrest. stan’s nuclear program—the bad news do we tell Pakistan and the rest of the Economic aid might also not quite be is that Pakistan’s bomb program has world that proliferation pays, in a big the peaceful activity that some might not disappeared from the face of the way? believe it is. For years, our intelligence earth, the good news is that it is not Here we stand, debating a proposal experts have been aware of the poten- expanding as rapidly as we once which I think is appropriate to call, tial role that economic assistance can thought, and the news which most ‘‘Operation Deja Vu’’—a scheme to play in assisting a country to acquire Americans will probably be most grati- ship, under the false flags of ‘‘fairness’’ the bomb. Then-CIA Director James fied to hear is that this first dem- and helping out an old friend, several Woolsey, for example, stated the fol- onstration of genuine nuclear restraint more hundred million dollars of mili- lowing in a written reply to a question by Pakistan did not cost the American tary equipment to Pakistan. Who after a hearing of the Governmental taxpayer a red cent—it is due entirely knows, the argument goes, it may even Affairs Committee on February 24, to the effect of the Pressler amend- lead to some sentiment of good will 1993: ment. This is the law that detractors that may someday serve the cause of Loans and grants from both bilateral and continue to tar as having been ‘‘inef- nonproliferation. There never was a multilateral aid agencies free money for fective’’ or ‘‘inflexible.’’ better illustration a policy based on a Pakistan to spend on its nuclear program Supporters of the Pressler amend- . . . these untied funds helped finance civil- triumph of hope over experience, than ian imports, freeing an equivalent amount of ment make no apologies about stand- there has been with respect to United funds to spend on the nuclear program. ing up for this ‘‘inflexible’’ law. After States policies toward Pakistan’s No, unconditionally lifting economic all, my dictionary defines this term as bomb. sanctions on Pakistan is not a neutral follows, ‘‘. . . of an unyielding temper, Why in the world, given the chro- benign act. It is an action that con- purpose, will, etc.’’ To supporters of nology I have just reviewed, should any flicts with, rather than promotes, our nonproliferation generally, the alter- one Member of this August Chamber nonproliferation goals. Providing such native of ‘‘passive accommodation’’ has believe for a single moment that the assistance will not give Pakistan a free little attraction indeed. Thus we have delivery of this lethal military gear market. It surely does not have such a no quarrel with the charge that the will have any effect whatsoever on re- market today. Indeed, the Heritage Pressler amendment has been inflexi- straining Pakistan’s bomb program? Foundation recently issued a survey ble. Let us be glad it has. Why should we be unconditionally lift- called ‘‘The Index of Economic Free- Unfortunately, this term is not quite ing all economic sanctions on Paki- dom’’ which placed Pakistan’s market accurate, given the significant flexibil- stan? Has anybody really even consid- in the category, ‘‘Mostly Not Free.’’ As ity that the law has shown in recent ered the signal such a gesture would for foreign economic aid, here is what years to allow the following to occur in send to proliferators around the world? the study had to say about past aid to spite of Pakistan’s continued viola- This gear that we would transfer Pakistan: tions of that law: First, the United under this proposal is, by the way, not Much of this aid has been squandered in States still issues licenses to export only lethal, but it could well trigger a economically useless projects, and Pakistan commercial munitions and spare parts regional arms race that would desta- has been unwilling to adopt significant eco- to Pakistan, including spares for Paki- bilize the whole balance of power in nomic reforms. stan’s nuclear-weapon delivery vehicle, South Asia. The Indian government Yet proponents of lifting economic the F–16; second, United States mili- has already said it would not simply sanctions still seem to believe—despite tary visits and joint training exercises stand by and watch hundreds of mil- both facts and reason to the contrary— continue to take place; third, United lions of dollars in new military gear that this is a great idea. That it will States aid with respect to agriculture, flow from the United States to Paki- serve our economic interests. That it counterterrorism, nutrition, popu- stan. We are talking about delivering will discourage proliferation. lation control, literacy, advancement upgrades for Pakistan’s nuclear weap- All of this I feel is utter nonsense. of women, health and medicine, envi- on delivery vehicles. Upgrades for The aid will only inspire the flow of ronmental protection, disaster relief, Cobra helicopters. Additional P–3 anti- American tax dollars out of the wallets and many other areas can continue to submarine aircraft. All kinds of tac- of U.S. citizens to a country deter- flow to Pakistan via nongovernmental tical missiles: Harpoons, AIMs, TOW’s, mined to have both the bomb and U.S. organizations; fourth, the Export-Im- and battlefield rockets. Over a quarter aid. I think that is the wrong course to port Bank also has extended loans, billion dollars’ worth of such items. To go. grants, and guarantees to Pakistan; say the shipment of these goods will Now to look at the F–16’s for a mo- fifth, PL–480 agricultural aid contin- have no political or military con- ment. ues; sixth, arms control verification as- sequences in South Asia is simply I have examined the list of items sistance continues (a seismic station); wrong. But the proposal does not only that would be shipped off to Pakistan seventh, millions of dollars of aid in address new military transfers. under this proposal and find that it ac- the ‘‘pipeline’’ as of October 1990 was It is the unconditional lifting of eco- tually includes upgrades—that is right, allowed to flow to Pakistan; eighth, co- nomic sanctions, also. The proposal reliability upgrades—to the engines for operation on peacekeeping is continu- would also lift unconditionally all eco- Pakistan’s F–16 nuclear weapon deliv- ing; and ninth, Pakistan continues to nomic sanctions against Pakistan ery vehicles. So here we are, waving September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13961 our finger at Pakistan’s bomb program, major study performed by Stanford clear proliferation law. Rest assured, if while bending over backward to assist University’s distinguished Center for this proposal passes, America will not Pakistan directly to deliver such weap- International Security and Arms Con- be the only country with other nuclear ons. With due respect to my colleague trol in 1991 entitled, ‘‘Assessing Ballis- proliferation laws on their own books. from Colorado and to a few offices in tic Missile Proliferation and Its Con- The race will be on to cash in on pro- the Executive who support this trol.’’ Here is what the Stanford study liferation, rather than to prevent it. scheme, there is simply no justifica- had to say about Pakistan’s F–16’s: This is an extremely dangerous course tion for such a transfer that serves our Pakistan is widely believed to have either and one which the Congress should nonproliferation interests. None. already developed nuclear warheads or to be summarily reject as contrary to the I have heard it often said that basic on the brink of acquiring them. Pakistani F– national security interests of the ‘‘fairness’’ requires us to deliver this 16 aircraft could be effective nuclear-delivery United States. It is an embarrassment equipment since Pakistan already vehicles even if Pakistan’s nuclear warheads to this legislature even to be debating are large and heavy. ‘‘paid’’ for it. this extremely ill-advised scheme. Now that quote is significant enough What exactly did Pakistan actually WHAT IS FAIR? to leave little doubt about the capabili- pay for? Pakistan surely did not pay I must come back to the basic ques- ties of this aircraft; indeed, they are cash for all of these goods—a good part tion: what exactly is fair? Is it fair for nuclear-capable in our own inventory. of their purchases were financed by Pakistan to have given the United But it is also interesting that at least United States taxpayers by means of States solemn assurances that it pro- three officials of the current adminis- foreign military sales credits, many of ceeded to break with impunity? them, by the way were used well after tration, including Secretary of Defense Recently, Prime Minister Bhutto de- sanctions came into effect in October Perry, were listed as participants in clared during her recent visit to the 1990. All of the P–3 aircraft that Paki- that study. United States that Pakistan had kept I am reminded also of a passage from stan wants to use for antisubmarine its contract with America. I will repeat Seymour Hersh’s article in the March operations, for example, had an FMF this: that Pakistan had kept its con- 1993 issue of the New Yorker. Writing funding source. In February 1994, I re- tract with America. gret to report, Pakistan engaged in about the near nuclear war between Some of us might recall when Prime joint naval exercises with Iran—by at Pakistan and India in 1990, Hersh Minister Bhutto addressed a joint ses- least one account, P–3 aircraft were writes: sion of Congress back on June 7, 1989, used in those exercises. Why are we The American intelligence community no- when the Prime Minister solemnly ticed an intense increase in Pakistani radar even considering shipping antisub- stated the following: marine aircraft to a country that en- activity early in the year. Earlier reports showed that the Pakistani Air Force, work- Speaking for Pakistan, I can declare that gages in joint military exercises with a ing closely with officials from Pakistan’s nu- we do not possess, nor do we intend to make terrorist state—not just any run-of- clear-weapons program, had stepped up its a nuclear device. [Extended applause.] That the-mill terrorist state, but a terrorist F–16 training to practice what seemed to be is our policy. state that our own Secretary of State the dropping of a nuclear bomb. Further in- Mr. President, that was Pakistan’s has declared is pursuing a crash pro- telligence, from Germany, reported that the contract with America. That is what gram to acquire nuclear weapons? Pakistanis had designed a nuclear warhead United States taxpayers were being The proposal would also upgrade that could be fitted under the wing of an F– told about Pakistan’s bomb program. 16, and that the design had gone through a Pakistan’s Cobra helicopters—evi- It is that contract, I submit, that Paki- dently abandoning our current policy series of wind-tunnel tests. Pakistan was also reported to have learned to program its stan has proven so utterly incapable of of not upgrading Pakistan’s military in-flight computer system to provide the cor- fulfilling. Yet here we stand, debating capabilities. This assistance too is rect flight path for a nuclear-bomb run. fairness. The absurdity of the proposal funded by FMF credits. How about tac- I ask unanimous consent that several that is the focus of this debate simply tical missile systems? The Harpoon quotes relating to Pakistan’s F–16’s be defies description. antiship, TOW missiles, AIM–9L air-to- printed at the conclusion of my re- I read recently a statement from Mr. air missiles, and 2.75-inch rockets in marks. John Malott, then the interim director this little package are also funded via The PRESIDING OFFICER. Without of the State Department’s South Asia the FMF route—presumably these mis- objection, it is so ordered. bureau, which appeared in an AFP wire siles are not exclusively for peaceful (See exhibit 4.) service report on May 16, 1993. Here is purposes, except perhaps by Pakistan’s Mr. GLENN. So now we are discuss- what Mr. Malott had to say about the definition of the phrase. ing shipping over some more spare fairness issue: Even many of the engine upgrades for parts for these nuclear weapon delivery We kept our part of the bargain but Paki- Pakistan’s F–16 nuclear weapon deliv- vehicles. Here is what Pakistan’s fed- stan let us down by crossing the line in 1990 ery vehicle were paid for using FMF eral minister for defense production, . . . we had promised Pakistan billions and money. Eleven of the twenty-eight F– Mir Hazar Khan Bijarani, said in an billions of dollars if that line was not 16’s that Pakistan ordered, but which interview in 1992 concerning the var- crossed. could not be delivered due to Paki- ious ways the Pressler amendment has So much for what is fair. Mr. Malott stan’s noncompliance with the Pressler been interpreted with respect to Paki- put it exactly right: Pakistan broke its amendment, were financed with FMF stan’s F–16’s: contract with America. It is now pay- money. Recall that of the $199 million We did face tremendous problems in ac- ing a price that should only go up with available in FMF credits for the eleven quiring spare parts [for F–16’s] after the sus- time, not down. To lower the price of planes, Pakistan used only a quarter of pension of U.S. military assistance, but now proliferation is to condone prolifera- these credits by the time sanctions we have overcome this problem as the Amer- tion. That is not our policy. That is not were invoked in October 1990. They icans have lifted [the] ban on commercial our domestic law. That is not at all used the remaining three-quarters sales. consistent with our solemn inter- after sanctions were in place. As for See how this works. First we relax national treaty commitments. That is the remaining 17 planes, they were paid commercial sales of spare parts for how we should want other countries to for in cash—of these payments, how- Pakistan’s nuclear weapon delivery ve- treat proliferants. ever, over $600 million out of a total hicles. And now, here we are debating Mr. President, I want to restate very $658 million were paid by Pakistan whether to provide on a government- briefly the theme I used in starting after sanctions were invoked in Octo- to-government basis some gear to up- out. This is not about fairness. We have ber 1990. In short, they were paying for grade Pakistan’s nuclear weapon deliv- been fair. Pakistan has been unfair planes they knew they were not quali- ery vehicles. with us. fied to receive. Let us not be blind to what we are The issue here is, are we serious Besides the issue of money, why proposing to do: after years of fighting about nonproliferation in the world? should we help Pakistan to improve its for nuclear nonproliferation, the Con- Are we a world leader in nonprolifera- nuclear weapon delivery capability? gress under this proposal would put on tion or are we not? Do we have a pro- My staff has brought to my attention a the statute books America’s first nu- liferation policy or is it one that only S 13962 CONGRESSIONAL RECORD — SENATE September 20, 1995 comes out for press conference pur- Deputy Assistant Secretary of Defense Ar- Statement by Deputy Assistant Secretary poses or at time of political cam- thur Hughes, testimony before House sub- of State Harry Marshall, 12 September 1983, paigns? committee, 2 August 1989: before International Nuclear Law Associa- We took the lead in getting 178 na- ‘‘Finally, we believe that past and contin- tion, San Francisco. ued American support for Pakistan’s conven- tions to sign the nonproliferation trea- ‘‘U.S. assistance has permitted Pakistan to tional defense reduces the likelihood that strengthen its conventional defensive capa- ty. They put their trust in us. They Pakistan will feel compelled to cross the nu- bility. This serves to bolster its stability and also trusted that there would be sanc- clear threshold.’’ thus reduce its motivation for acquiring nu- tions against people who were not will- Deputy Assistant Secretary of State Rob- clear explosives.’’ ing to cooperate, if they were egregious ert Peck, testimony before House sub- President Ronald Reagan, Report to Con- violators of what we thought was right. committee, 17 February 1988: gress pursuant to Sec. 601 of the Nuclear We have seen Pakistan be the most ‘‘We believe that the improvements in Nonproliferation Act (‘‘601 Report’’), for cal- Pakistan’s conventional military forces endar year 1982: egregious violator. We have seen them made possible by U.S. assistance and the ‘‘Steps were taken to strengthen the U.S. be uncooperative with regard to nu- U.S. security commitment our aid program security relationship with Pakistan with the clear matters. They have not joined symbolizes have had a significant influence objective of addressing that country’s secu- NPT. They have not gone by NPT on Pakistan’s decision to forego the acquisi- rity needs and thereby reducing any motiva- rules. They have violated every norm tion of nuclear weapons.’’ Special Ambassador at Large Richard Ken- tion for acquiring nuclear explosives.’’ of diplomatic behavior in telling us ‘‘President Ronald Reagan, Report to Con- things that were not true and that we nedy, testimony before two House sub- committees, 22 October 1987: gress pursuant to Sec. 601 of the Nuclear knew were not true. I do not think that ‘‘We have made it clear that Pakistan Nonproliferation Act (‘‘601 Report’’), for cal- kind of mendacity should be rewarded must show restraint in its nuclear program endar year 1981: by sending the material that is pro- if it expects us to continue providing secu- ‘‘Military assistance by the United States posed by the amendment. rity assistance.’’ and the establishment of a new security rela- These have been nothing but Assistant Secretary of State Richard Mur- tionship with Pakistan should help to coun- untruths told to us through the years, phy, testimony before Senate subcommittee, terpart its possible motivations toward ac- quiring nuclear weapons . . . Moreover, help over and over again. I will not read 18 March 1987: ‘‘Our assistance relationship is designed to from the United States in strengthening those off again. It seems to me, if we advance both our non-proliferation and our Pakistan’s conventional military capabili- are to deserve the trust of the nations strategic objectives relating to Afghanistan. ties would offer the best available means for that signed up under NPT and followed Development of a close and reliable security counteracting possible motivations toward our leadership, then I believe we must partnership with Pakistan gives Pakistan an acquiring nuclear weapons.’’ refuse to approve this amendment. I alternative to nuclear weapons to meet its Assistant Secretary of State James Ma- know the Senator from California will legitimate security needs and strengthens lone, address before Atomic Industrial have a proposal in the morning for a our influence on Pakistan’s nuclear decision Forum, San Francisco, 1 December 1981: substitute amendment and we will look making. Shifting to a policy of threats and ‘‘We believe that this assistance—which is public ultimata would in our view decrease, at it in the morning and see whether in the strategic interest of the United not increase our ability to continue to make States—will make a significant contribution we feel we can support it or not. But as a contribution to preventing a nuclear arms to the well-being and security of Pakistan for the amendment we are debating to- race in South Asia. Undermining the credi- and that it will be recognized as such by that night, it is one I just cannot support bility of the security relationship with the government. We also believe that, for this and I urge my colleagues not to sup- U.S. would itself create incentives for Paki- reason, it offers the best prospect of deter- port it. stan to ignore our concerns and push forward ring the Pakistanis from proceeding with the in the direction of nuclear weapons acquisi- EXHIBIT 1 testing or acquisition of nuclear explosives. tion.’’ Undersecretary of State James Buckley, U.S. AID POLICIES AND PAKISTAN’S BOMB: Deputy Assistant Secretary of State How- testimony before Senate Foreign Relations WHAT WERE WE TRYING TO ACCOMPLISH? ard Schaffer, testimony before House sub- committee, 12 November 1981: Letters to Congress from Presidents committee 6 February 1984: ‘‘We believe that a program of support ‘‘The assistance program also contributes Reagan & Bush, 1985–1989, required under which provides Pakistan with a continuing to U.S. nuclear non-proliferation goals. We Sec. 620E(e) of Foreign Assistance Act (Pres- relationship with a significant security part- believe strongly that a program of support sler Amendment): ner and enhances its sense of security may ‘‘The proposed United States assistance which enhances Pakistan’s sense of security help remove the principal underlying incen- program for Pakistan remains extremely im- helps remove the principal underlying incen- tive for the acquisition of a nuclear weapons portant in reducing the risk that Pakistan tive for the acquisition of a nuclear weapons capability. With such a relationship in place will develop and ultimately possess such a capability. The Government of Pakistan un- we are hopeful that over time we will be able device. I am convinced that our security re- derstands our deep concern over this issue. to persuade Pakistan that the pursuit of a lationship and assistance program are the We have made clear that the relationship be- weapons capability is neither necessary to most effective means available for us to dis- tween our two countries, and the program of its security nor in its broader interest as an suade Pakistan from acquiring nuclear ex- military and economic assistance on which important member of the world commu- plosive devices. Our assistance program is it rests, are ultimately inconsistent with nity.’’ designed to help Pakistan address its sub- Pakistan’s development of a nuclear explo- Testimony of Undersecretary of State stantial and legitimate security needs, sive device. President Zia has stated publicly James Buckley, in response to question from thereby reducing incentives and creating dis- that Pakistan will not manufacture a nu- Sen. Glenn, Senate Foreign Relations Com- incentives for Pakistani acquisition of nu- clear explosives device.’’ mittee, 12 November 1981, on effects of a nu- clear explosives.’’—President George Bush, Special Ambassador at Large Richard Ken- clear detonation on continuation of cash 10/5/89; President Ronald Reagan, 11/18/89; 12/ nedy, testimony before two House sub- sales of F–16’s: 17/87; 10/27/86; & 11/25/85. committees, 1 November 1983: President George Bush, letter to Congress ‘‘By helping friendly nations to address le- ‘‘[Sen Glenn] . . . so if Pakistan detonates a (addressed to J. Danforth Quayle as Presi- gitimate security concerns, we seek to re- nuclear device before completion of the F–16 dent of the Senate), 12 April 1991, urging duce incentives for the acquisition of nuclear sale, will the administration cut off future abandonment of Pressler certification re- weapons. The provision of security assist- deliveries? quirement: ance and the sale of military equipment can ‘‘[Buckley] Again, Senator, we have under- ‘‘. . . my intention is to send the strongest be major components of efforts along these scored the fact that this would dramatically possible message to Pakistan and other po- lines. Development of security ties to the affect the relationship. The cash sales are tential proliferators that nonproliferation is U.S. can strengthen a country’s confidence part of that relationship. I cannot see draw- among the highest priorities of my Adminis- in its ability to defend itself without nuclear ing lines between the impact in the case of a tration’s foreign policy, irrespective of weapons. At the same time, the existence of direct cash sale versus a guaranteed or U.S.- whether such a policy is required by law.’’ such a relationship enhances our credibility financed sale.’’ Deputy Assistant Secretary of State when we seek to persuade that country to Undersecretary of State James Buckley, Teresita Schaffer, testimony before House forego [sic] nuclear arm . . . We believe that letter to NY times, 25 July 1981: subcommittee, 2 August 1989: strengthening Pakistan’s conventional mili- ‘‘In place of the ineffective sanctions on ‘‘None of the F–16’s Pakistan already owns tary capability serves a number of important Pakistan’s nuclear program imposed by the or is about to purchase is configured for nu- U.S. interests, including non-proliferation. past Administration, we hope to address clear delivery . . . a Pakistan with a credible At the same time, we have made clear to the through conventional means the sources of conventional deterrent will be less moti- government of Pakistan that efforts to ac- insecurity that prompt a nation like Paki- vated to purchase a nuclear weapons capabil- quire nuclear explosives would jeopardize stan to seek a nuclear capability in the first ity.’’ our security assistance program.’’ place.’’ September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13963

EXHIBIT 2 ‘‘. . . I hereby certify that I have reliable ‘‘US officials say the letter [from President PAKISTAN’S PEACEFUL NUCLEAR ASSURANCES: assurances that Pakistan will not transfer Reagan to President Zia] warned Zia not to 1979–1995 sensitive United States equipment, mate- process uranium at the controversial Kahuta ‘‘[Pakistan’s government has] . . . sum- rials, or technology in violation of agree- plant outside Islamabad beyond 5 per cent marily rejected as false the charge that ments entered into under the Arms Export enrichment . . . Zia’s letter [of reply] gave Pakistan was developing its nuclear program Control Act to any communist country, or to assurances that Pakistan would respect the with assistance from or in partnership with any country that receives arms from a com- new marker . . . Other markers previously Libya or any other country.’’—Pakistani munist country.’’—President Ronald Reagan, communicated to Pakistan include not test- Foreign Ministry Spokesman, NY Times, 4/9/ Presidential Determination 83–4, 1/3/83. ing a bomb, not reprocessing plutonium . . . ‘‘The Government of Pakistan understands 79. not assembling a bomb, and not asking an- ‘‘Pakistan has not sought or obtained fi- our deep concern over this issue [Pakistan’s other country to test a device on Pakistan’s nancial assistance from Libya or any other pursuit of nuclear weapons]. We have made behalf . . .’’—Simon Henderson, London Fi- clear that the relationship between our two country for its nuclear program.’’—Pakistan nancial Times, 12/7/84. countries, and the program of military and Embassy, Pakistan Affairs, 6/16/80. ‘‘. . . our [nuclear] programme is for our ‘‘Pakistan’s nuclear development pro- economic assistance on which it rests, are own resources to be generated. It is not for gramme is solely for peaceful purposes and it ultimately inconsistent with Pakistan’s de- any atomic bomb or any other purpose.’’— has no plans to make nuclear weapons.’’— velopment of a nuclear explosives device. Prime Minister Mohammad Khan Junejo, Qutubuddian Aziz, Pakistan Embassy in UK, President Zia has stated publicly that Paki- interview, 6/14/85. London Sunday Times, 2/1/81. stan will not manufacture a nuclear explo- ‘‘The Government of Pakistan and its ‘‘I was assured by the ministers, I was as- sives device.’’—Deputy Assistant Secretary President have repeatedly declared that sured by the President [Zia] himself that it of State Howard Shaffer, congressional testi- Pakistan would not produce nor acquire nu- is not the intention of the Pakistani Govern- mony, 2/6/84. clear weapons, and that our research pro- ‘‘I must make one thing absolutely clear: ment to develop nuclear weapons.’’—Under gramme is for purely peaceful purposes.’’— contrary to the mischievous foreign propa- Secretary of State James Buckley, congres- Ali Arshad, Embassy of Pakistan in UK, ganda, no foreign country has given financial sional hearing, 6/24/81. or technical aid to us in this [nuclear] field London Times, 9/27/85. Senator JOHN GLENN. ‘‘. . . is it your view . . . The ‘Islamic bomb’ is a figment of the ‘‘I take this opportunity to reaffirm Paki- that we should go ahead with the arms sale Zionist mind . . .’’.—Dr. Abdul Qadeer Khan, stan’s policy of developing nuclear energy to Pakistan without assurances that they Pakistan’s top nuclear scientist, interview for peaceful purposes only and its irrev- are not in a [nuclear] weapons production published 2/10/84. ocable commitment not to acquire nuclear mode?’’ ‘‘Pakistan has stated time and again that weapons or nuclear explosive devices. Paki- Under Secretary BUCKLEY. ‘‘That assur- it has absolutely no intention of using nu- stan has neither the capability nor the desire ance was given . . . by the Pakistani govern- clear technology for military purposes.’’— to develop nuclear weapons.’’—President Zia- ment.’’—Under Secretary of State James President Zia-Ul-Haq, address on 7/10/84. Ul-Haq, Address before UN General Assem- Buckley, congressional hearing, 6/24/81. ‘‘Pakistan does not deny that it has a re- bly, 10/23/85. ‘‘I say that Pakistan’s nuclear technology search and development program on uranium ‘‘As for the Kahuta laboratory, it has been will not be given to any other nation. We enrichment at Kahuta. But it is of a modest clarified time and again at the highest polit- will work, we will borrow, and we will beg scale and is designed entirely for acquiring ical level that the modest exercise there in for this technology. God willing we will technology to meet Pakistan’s future power uranium enrichment is on a research and de- never pass it to any other nation.’’—Presi- generation requirements based on light velopment scale. It is solely motivated by a dent Zia-Ul-Haq, interview published in water reactors . . . Pakistan has no team for desire to achieve a degree of self-reliance in Turkish Hurriyet, 11/25/81. designing nuclear weapons . . . Pakistan has the front end of the nuclear fuel cycle, that ‘‘You know, Pakistan is engaged and will never used Turkey as a channel for the im- is, a 3-percent enrichment of uranium.’’— strive to acquire nuclear technology for port of materials from French or West Ger- Leaflet from Information Division, Embassy peaceful purposes. But Pakistan has neither man companies. Nor has it imported ura- of Pakistan, October 1985. the capability nor the intention of making nium from Libya . . . It was established long ‘‘Let me add here, Mr. Chairman, President an atomic bomb . . . in no circumstances.’’— ago that Libya was not giving Pakistan any Zia has, in fact, given the most unequivocal President Zia-Ul-Haq, after meeting with assistance for its nuclear program. Simi- assurances on the question of a nuclear ex- President Mitterrand, Reuters, 1/26/82. larly, the allegation of Saudi help is also plosives program. He has stated there will be ‘‘We, too, are engaged in a nuclear pro- without foundation. For its non-existent nu- no such explosives program completed and gramme, with the sole aim of finding a via- clear weapons program Pakistan has neither that he understands fully the concerns which ble alternate to the traditional sources of en- sought nor has it received assistance from we have expressed to him and respects those ergy, which are in scarce supply in Pakistan. China.’’—Information Division, Embassy of concerns.’’—Ambassador Richard Kennedy, Despite our repeated assurances, however, Pakistan, July 1984. congressional testimony on 4/10/86. there has been an orchestrated campaign to ‘‘We have repeatedly declared that our nu- ‘‘Dr. [Abdul Qadeer Khan] noted that malign us by falsely attributing to our clear energy program has an exclusively peaceful programme a nonexistent military President Zia ul-Haq had made a commit- peaceful dimension and that we have no in- ment to the U.S. not to enrich beyond 5 per dimension.’’—President Zia-Ul-Haq, address tention of acquiring or manufacturing nu- at US National Press Club, 12/8/82. cent and said ‘‘we are keeping to it.’’—Simon clear weapons . . . The allegation of any nu- Henderson, interview with Dr. A.Q. Khan, Fi- ‘‘The Pakistan side reiterated that Paki- clear cooperation between Pakistan and stan was not interested in the manufacture nancial Times, 7/16/86. China has been rejected by both countries ‘‘[Prime Minister Junejo reportedly or acquisition of nuclear weapons. . . . We . . .’’—Foreign Minister Sahabzada Yaqub accept that the President of Pakistan is tell- assures U.S. senators that Pakistan is] . . . Kahn, Islamabad, 7/28/84. abiding by the guidelines’’ established by the ing us the truth.’’—U.S. official, after meet- ‘‘We are now approaching the end of 1984, U.S. and specifically that Pakistan is keep- ing between Presidents Zia and Reagan, NY but the dread explosion of imaginary Paki- ing components separate.’’—Don Oberdorfer, Times, 12/8/82. stani nuclear device is nowhere in sight. Washington Post, 7/17/86. [Oberdorfer wrote ‘‘[President Zia] . . . stated very emphati- What could be a more convincing proof of the cally that it is not the intention of Pakistan sincerity of Pakistan’s repeated assurances that Junejo appeared to be referring to Rea- to develop nuclear weapons and that it is not that its program is not weapon-oriented?’’— gan’s September 1984 letter asking Paki- doing so.’’—Sen. Charles McC. Mathias, Iqbal Butt, Minister of Information, Em- stan’s to limit its uranium enrichment level Washington Post, 12/8/82. bassy of Pakistan, Washington Post, 8/30/84. at 5 percent, Oberdorfer added that ‘‘Earlier ‘‘. . . I would like to state once again, and ‘‘I have no fears at all that [American] aid U.S. messages to Pakistan reportedly in- with all the emphasis at my command, if I will be stopped. The relationship is based on cluded a warning not to assemble compo- have that, that our on-going nuclear pro- trust and I have said we are not building a nents in a way that would create a bomb.’’] gramme has an exclusively peaceful dimen- nuclear bomb.’’—President Zia-Ul-Haq, ‘‘The prime minister [Junejo] confirmed sion and that Pakistan has neither the interview with AP, 8/12/84. (Pakistan Affairs, that Pakistan pledged in response to a 1984 means nor, indeed, any desire to manufac- 9/1/84). letter from Reagan not to enrich uranium in ture a nuclear device. I thrust [sic] that this ‘‘As we have repeatedly stated, we have as- its nuclear facilities to a level higher than 5 distinguished gathering will take note of my surances from the Pakistani government percent.’’—Interview with Prime Minister assurance, which is given in all sincerity and that its nuclear power program is entirely Mohammad Khan Junejo, Washington Post, with a full sense of responsibility.’’—Presi- peaceful in intent and that it does not seek 7/18/86. dent Zia-Ul-Haq, address before Foreign Pol- to acquire nuclear explosives of any kind.’’— ‘‘Ours is a modest research programme. Its icy Association, 12/9/82. State Department spokesman John Hughes, aim is to acquire fuel production capability ‘‘In our opinion, there is no such thing as quoted by AP, 10/25/84. for the reactors we need to meet our energy a peaceful [nuclear] device or a nonpeaceful ‘‘We accepted President Zia-Ul-Haq’s cat- requirements. I reiterate here that Pakistan device. It’s like a sword. You can cut your egorical statement that Pakistan’s nuclear has no intention to produce nuclear weapons. throat; you can save yourself. We are plan- program is devoted entirely to power genera- We do not posses the capability and the re- ning neither.’’—President Zia-Ul-Haq, Meet tion.’’—US Ambassador at Large Richard sources.’’—Prime Minister Mohammad Khan the Press, 12/12/82. Kennedy, 11/2/84, in Pakistan Affairs, 12/1/85. Junejo, Foreign Policy Association, 7/21/86. S 13964 CONGRESSIONAL RECORD — SENATE September 20, 1995 ‘‘[On U.S. concerns about Pakistan’s bomb rich uranium, but only below 5 percent, so it ‘‘[America and Pakistan] . . . share an program] This matter has been raised be- can only be used for power generation.’’ [The overriding mutual interest that can best be tween us and the United States for the last article continued: ‘‘Zia said he had made a promoted by Pakistan’s decision to comply eight years. I have convinced them that we written commitment to President Reagan with this own stated policy for peaceful nu- are using nuclear energy only for peaceful that Pakistan would not embarrass the Unit- clear development.’’—Sen. Bill Bradley, Con- purposes.’’—President Zia-Ui-Haq, Interview, ed States and he would not go back on this gressional Record 7/31/87. 8/23/86. gentleman’s agreement’’]—Pakistani Presi- ‘‘Pakistan must be made to understand ‘‘President Reagan in late 1984 told Paki- dent Zia-Ul-Haq, Interview in Defense Week, that the United States is to keep its commit- stani President Mohammed Zia ul-Haq in a 4/6/87. ments.’’—Sen. Claiborne Pell, Congressional top-secret letter that 5 percent would be the President ZIA. ‘‘We are honorable people, Record 7/31/87. highest enrichment level acceptable to the and when President Reagan wrote this [a ‘‘. . . It is essential at a minimum that our United States.’’—Bob Woodward, Washington certification in October 1986 that Pakistan allies, and especially the recipients of US Post, 11/4/86. does not possess the bomb], I gave him my economic and military assistance, under- ‘‘In an interview with the Post on July 18, assurances. When Prime Minister Junejo vis- stand that the United States expects reason- [Prime Minister] Junejo confirmed that ited the United States of America early this, able commitments concerning non-prolifera- Pakistan had pledged, in response to a 1984 last year, he gave him the same assurances. tion.’’—Sen. Jesse Helms, Congressional letter from Reagan, not to enrich uranium in And we will give him the assurances, with Record 7/31/87. its nuclear facilities to a level higher than 5 the word, that Pakistan’s word is to be hon- ‘‘Mr. Armacost [US Under Secretary of percent.’’—Washington Post, 11/5/86. ored . . .’’ State] also stressed the importance of Paki- ‘‘Pakistan does not have and is not produc- Mr. MCLAUGHIN. ‘‘. . . is it safe for him stan’s compliance, with their assurance not ing highly enriched uranium necessary for a [Reagan] to say that . . . by giving you the to enrich uranium about the five percent nuclear explosive device . . . the enrichment aid, he is going to, in effect, discourage you level.’’—State Department spokesman level has remained well within limits of the from moving on to develop the nuclear Charles Redman, press briefing, 8/10/87. ‘‘We are enriching uranium in very small research and development program for bomb?’’ quantities, meant only for peaceful pur- fuel.’’—Pakistani Foreign Secretary Abdul President ZIA. ‘‘According to the American Sattar, Washington Post, 11/5/86. thinking, he is just, and perfect and cor- poses.’’—Minister of State for Foreign Af- ‘‘Pakistan has renounced for itself the rect.’’ fairs, Zain Noorani, interview on 8/27/87. ‘‘Pakistan, let me reiterate, is against the military use of nuclear energy and has used Mr. MCLAUGHLIN. ‘‘What about Pakistani spread of nuclear weapons in South Asia.’’— this energy only in pecaeful fields.’’—Presi- thinking?’’ Foreign Minister Yaqub Khan, speech in dent Zia-Ul-Haq, Interview, 1/29/87. President ZIA. ‘‘Exactly the same, because ‘‘A Foreign Office spokesman said in we have no intention of developing a nuclear Islamabad, 9/1/87. ‘‘The bogey of ‘the Islamic bomb’ was made Islamabad today that Pakistan’s nuclear device.’’ up in countries that mean harm to Islam and program is of a peaceful nature and this fact Mr. MCLAUGHLIN. ‘‘How does it follow if he Pakistan . . . We have neither the intention has been proved during the last 6 or 7 gives you the aid you will be disinclined to nor the capability to produce a nuclear years.’’—Karachi Domestic Service radio develop the bomb?’’ weapon . . . Our [nuclear] technology has no broadcast, 2/11/87. President ZIA. ‘‘Why do you want to have military dimension . . . we have stated many Senator SASSER. ‘‘Have the Pakistanis a bomb? To ensure security, to create a de- pledged not to continue illegal purchases of terrent, to have our own defensive means. If times that we do not possess a bomb.’’— nuclear equipment or technology from the we have it otherwise, why should Pakistan President Zia-Ul-Haq, interview published on United States?’’ indulge in the proliferation, against which 10/3/87 Jordan. ‘‘I have said in that past that we are not Ambassador RICHARD KENNEDY. ‘‘Yes sir, Pakistan on principle is opposed to?’’ manufacturing a bomb. We are using nuclear they have indicated which this is something Mr. MCLAUGHLIN. [Asks if Pakistan is technology for peaceful purposes . . . [Paki- which they understand is against the law and building the bomb by just producing all the stan and Turkey] are not cooperating on the we have brought to their attention the law components without assembling them.] manufacture of a bomb. The Jewish lobby is and its proscription.’’—Hearing, Senate Com- President ZIA. ‘‘Nonsense. False. Totally probably behind such reports.’’—President mittee on Governmental Affairs, 2/25/87. false. When Pakistan does not have the in- ‘‘As I so often publicly stated, Pakistan’s tention or the urge and desire to have a nu- Zia-Ul-Haq, interview published on 10/4/87 in enrichment research is solely aimed at the clear device, why should we have—— Turkey. ‘‘We gave [the United States nonprolifera- development of fuel-grade uranium for our Mr. MCLAUGHLIN. ‘‘Why is this develop- tion] commitments at an earlier stage and as future power reactors. The Government of ment going on?’’ an elected government I will only go fur- Pakistan has made it abundantly clear that President ZIA. ‘‘Our effort is only in the ther’’ [if India gives commitments also].— it has no desire to produce nuclear weap- technical field, for peaceful purposes. They Prime Minister Mohammed Khan Junejo, ons.’’—Dr. Abdul Qadeer Khan, Pakistan’s are just enriching uranium to a particular interview in Washington Post, 10/13/87. top nuclear scientist, NY Times, 3/2/87. degree. That’s all.’’—President Zia-Ul-Haq, Ambassador KENNEDY. ‘‘. . . Pakistan has ‘‘The minister in charge for science and McLaughlin ‘‘One on One,’’ 6/15/87. assured us that they were conducting their technology, Mr. Wasim Sajjad, categorically ‘‘No agency of the [Pakistan] government [nuclear] program wholly for peaceful pur- stated in the National Assembly today that placed any order for this steel and no evi- poses . . . they have told us that they are re- Pakistan does not possess an atomic bomb, dence has so far been brought to our knowl- nouncing nuclear explosives of any kind . . . has no desire to have a bomb, and it cannot edge that even any private company in Paki- and as to their enrichment facility, they afford to manufacture and atomic bomb.’’— stan is responsible for this order.’’—Paki- have indicated that it is devoted to produc- Karachi Overseas Service broadcast, 3/5/87. stani foreign office spokesman, commenting ing material at low enrichment levels for ‘‘No power on Earth can deter us from pur- about a recent US Customs sting operation, peaceful purposes only . . . [and] they have suing our peaceful nuclear program because UPI, 7/16/87. indicated that they would not undertake any our conscience is clear and our aim is peace- ‘‘. . . the Pakistan government has pro- testing . . .’’ ful.’’—Pakistani Minister of State for For- vided assurances both certainly in public as Mr. SOLARZ. ‘‘Have they also given us some well as in private that it is not enriching eign Affairs, Zain Noorani, AP, 3/9/87. assurances that they are not and do no in- ‘‘. . . we believe in nonproliferation, and [uranium] above 5 percent.’’—Deputy Assist- tend to enrich uranium over the five percent our nuclear research is, therefore, devoted ant Secretary of State Robert Peck, congres- level?’’ sional testimony, 7/22/87. entirely to peaceful purposes . . . the presi- Ambassador KENNEDY. ‘‘The president [Zia] dent and prime minister of Pakistan have re- ‘‘Pakistan’s verifiable compliance with has stated that publicly . . .’’ peatedly expressed their commitment to [its] past commitments is vital to any fur- Mr. SOLARZ. ‘‘I have the impression that nonproliferation . . .’’—Pakistani Ambas- ther United States military assistance.’’— position is also being conveyed directly to sador Jamsheed Marker, Washington Post, 3/ Text of S. Res. 266, passed the Senate by President Reagan by President Zia.’’ 1/87. unanimous consent on 7/31/87. Ambassador KENNEDY. ‘‘The same kind of ‘‘We are not producing Atomic weapons ‘‘The time has come [for Pakistan] to statement . . .’’ nor intend to do so, but we shall continue to choose. If it wants to build nuclear weapons, Mr. WOLPE. ‘‘Are they not continuing to develop our nuclear capabilities for peaceful under US law, it cannot have US foreign as- enrich uranium beyond the 5-percent level purposes no matter whether any of our sistance. It is time for the Government of . . . In blatant violation of their own ex- friends likes it or not.’’—Pakistani Minister Pakistan to take concrete action to bring its pressed explicit commitment to President of State for Foreign Affairs, Zain Noorani, nuclear program in line with its assur- Reagan?’’ statement, 3/16/87. ances.’’—Sen. Robert Byrd, Congressional Ambassador KENNEDY. ‘‘That may well be, ‘‘. . . Pakistan has not enriched its ura- Record, 7/31/87. and we are concerned about that, and it is nium above the normal grade level required ‘‘[In passing S. Res. 266 Congress was] . . . precisely because of that, we are exerting all for peaceful purposes.’’—President Zai-Ul- simply calling upon the Government of Paki- kinds of pressure on them.’’—Ambassador Haq, Time, 3/23/87. stan to make good on promises which it has Richard Kennedy, congressional testimony, ‘‘Pakistan has neither the desire, nor the already extended in the past years.’’—Sen. 10/22/87. intention, nor the capacity to develop a nu- Gordon Humphrey, Congressional Record, 7/ ‘‘Pakistan . . . is not for a nuclear device, clear weapon . . . We have the ability to en- 31/87. and I can assure you we will not embarrass September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13965 the U.S. by suddenly producing one . . . The ‘‘We’re committed to a peaceful energy a nuclear explosive device and does not in- truth is that we don’t have a device and we program. We don’t have any [nuclear] weap- tend to make one.’’—Pakistani Foreign Min- are not building one . . .’’—President Zia-Ul- ons policy . . . Pakistan doesn’t have any in- ister Assef Ahmed Ali, quoted in AFP, 11/28/ Haq, interview published in Washington tention to get a nuclear device or a nuclear 93. Time, 11/16/87. weapon.’’—Prime Minister Benazir Bhutto, ‘‘We are a very responsible country, and we ‘‘[Pakistan has neither] . . . the capability interviewed on ‘‘McNeil/Lehrer,’’ 12/16/88. do not believe in the proliferation of nuclear nor the intention’’ to produce nuclear weap- ‘‘Talking to a visiting American [congres- weapons.’’—Pakistani Foreign Minister ons.—President Zia-Ul-Haq, interview pub- sional] delegation . . . President Ghulam Assef Ahmed Ali, quoted in Washington lished in Wall Street Journal, 12/1/87. Ishaq Khan stated categorically that Paki- Times, 8/25/94. ‘‘In his interview . . . Zain Noorani reiter- stan’s nuclear program was designed purely ‘‘I want to say categorically and finally ated that Pakistan’s atomic program is to- for peaceful purposes and that Pakistan had that Pakistan has not made nuclear weapons tally peaceful and its objective is to make no intention to build or acquire nuclear . . . Pakistan does not intend to make nu- the country self reliant in energy resources weapons.’’—Islamabad Domestic Services clear weapons.’’—Pakistani Foreign Minister by 2000 AD.’’—Minister of State for Foreign broadcast, 1/16/89. Assef Ahmed Ali, quoted in New York Times, Affairs Zain Noorani, Islamabad Domestic ‘‘It is right to say that we are one of the 8/25/94. Service broadcast, 1/9/88. ‘threshold’ states . . . We have deliberately ‘‘We have made a sovereign decision not to ‘‘I am aware of your abiding interest in chosen not to take the final step, to build a produce nuclear weapons.’’—Munir Akram, and strong commitment to, nuclear non-pro- bomb and test it, because we don’t think it foreign ministry spokesman, Washington liferation. We share these concerns, for Paki- is right.’’—Pakistani Ambassador Jamsheed Times, 8/25/94. stan has unequivocally committed itself to Marker, quoted in Washington Times, 2/8/89. ‘‘We have neither detonated one, nor have nuclear non-proliferation.’’—Letter from ‘‘We manufactured small reactors and built we got nuclear weapons . . . being a respon- Pakistani Ambassador Jamsheed Marker to nuclear power plants. However, we have sible state and a state committed to non- Sen. John Glenn, 1/20/88. never considered this for military pur- proliferation, we in Pakistan, through five ‘‘The Pakistan government has not modi- poses.’’—Minister of State for Defense successive governments have taken a policy fied its position that its uranium enrichment Ghulam Sarwar Cheema, in Istanbul decision to follow a peaceful nuclear pro- activities are strictly peaceful and that it Hurriyet, 5/4/89. gram.’’—Prime Minister Benazir Bhutto, will not enrich uranium above the 5% level, ‘‘The Pakistan delegate, Mr. Mirza Javed interview with David Frost on PBS, 11/18/94. nor has it given any new assurances with re- Chauhan, told the [UN] Disarmament Com- ‘‘. . . Pakistan has not acquired the [nu- spect to its enrichment activities.’’—Deputy mission that Pakistan does not possess nu- clear-capable] M–11 or any other missile Assistant Secretary of State Robert Peck, clear weapons, nor does it have any inten- from China that violates the Missile Tech- congressional testimony, 2/17/88. tion to do so.’’—Islamabad Domestic Service nology Control Regime . . .’’.—Press Re- ‘‘In August [1984], President Reagan draft- broadcast, 5/10/89. lease, Information Division, Pakistan Em- ed a letter to Zia warning Pakistan not to ‘‘Speaking for Pakistan, I can declare that bassy, 7/27/95. cross ‘the red line’ of enriching uranium we do not possess nor do we intend to make Senator BROWN. ‘‘Did we have an agree- above 5 percent . . . the President’s letter, a nuclear device. That is our policy.’’—Prime ment with the Pakistani government that in sent on Sept. 12 . . . [warned] that if Zia Minister Benazir Bhutto, address before return for the assistance we provided, that crossed the 5 percent ‘red line,’ he would face Joint Session of US Congress, 6/7/89. they would not develop nuclear weapons? unspecified ‘grave consequences.’ In Novem- ‘‘. . . Bhutto promised during her visit Was that a condition for our cooperation ber 1984 . . . President Zia gave written as- that Pakistan will not produce ‘weapons- with them in the late 1980’s?’’ surances to Reagan that the American limit grade uranium’ . . . or take the final step to Assistant Secretary RAPHEL: ‘‘The short would be respected.’’—Hedrick Smith, ‘‘A assemble a nuclear device.’’—Washington answer to that is no. There was no such ex- Bomb Ticks in Pakistan,’’ NY Times Maga- Post, 6/15/89. plicit agreement . . . there was no explicit zine, 3/16/88. ‘‘Pakistan has not, nor do we have any in- quid pro quo there.’’—Testimony of Assist- ‘‘Perhaps the [US] effort was to stop us tention of putting together or making, a ant Secretary of State Robin Raphel, South from that enrichment program. Having seen bomb, or taking it to the point where you Asia subcommittee of Senate Foreign Rela- that Pakistan has gone and succeeded, the can put it together.’’—Prime Minister tions Committee, 9/14/95. best thing now is to enjoy and relax.’’ [Zia Benazir Bhutto, New York Times, 7/10/89. reportedly also stated that Pakistan does ‘‘Pakistani Prime Minister Benazir Bhutto EXHIBIT 3 not have a nuclear weapon or a program to on Sunday flatly denied speculation that her FROM MYTH TO REALITY: EVIDENCE OF build one.]—President Zia-Ul-Haq, interview country is developing nuclear weapons. She PAKISTAN’S ‘‘NUCLEAR RESTRAINT’’ in Wall Street Journal, 4/26/88. said in an interview with a British television ‘‘Pakistan’s commitment to nuclear non- network that Pakistan will never possess Early 1980’s—Multiple reports that Paki- proliferation is firm and unwavering . . . such weapons in the future.’’—Reported by stan obtained a pre-tested, atomic bomb de- Pakistan does not possess nuclear weapons, Kyodo News Service, 7/10/89. sign from China. nor does it intend to possess them. We have ‘‘We do have the knowledge but I think Early 1980’s—Multiple reports that Paki- not carried out a nuclear explosion nor do we there is a difference between knowledge and stan obtained bomb-grade enriched uranium intend to conduct one. Our nuclear pro- capability . . . So we do have a knowledge, if from China. gramme is emphatically peaceful in nature. confronted with a threat, to use . . . But we 1980—U.S. nuclear export control violation: Indeed, we are firm in our resolve to keep do not in the absence of any threat intend to Reexport via Canada (components of invert- our area free from all nuclear weapons.’’— use that knowledge . . . In fact, as matter of ers used in gas centrifuge enrichment activi- Pakistan’s UN Ambassador S. Shah Nawaz, policy my government is firmly committed ties). address before UN General Assembly, 6/13/88. to nonproliferation.’’—Prime Minister 1981—U.S. nuclear export control violation: ‘‘Pakistan’s nuclear programs are peaceful Benazir Bhutto, quoted by AFP, 8/29/89. New York, zirconium (nuclear fuel cladding and do not represent a threat to any other ‘‘It is true that Pakistan has certain material). nation in the region. Pakistan has repeat- knowledge in the nuclear field but it has no 1981—AP story cites contents of reported edly declared, at the highest levels of our intention of using this knowledge . . . To put U.S. State Department cable stating ‘‘We government, that we do not possess, and it another way, we do not want to convert have strong reason to believe that Pakistan have no intention of developing, a nuclear this knowledge into—shall we say—a nuclear is seeking to develop a nuclear explosives ca- weapon.’’—Letter from Pakistani Ambas- capability at the present time.’’—Prime Min- pability . . . Pakistan is conducting a pro- sador Jamsheed Marker to Sen. John Glenn, ister Benazir Bhutto, interview in Die Welt, gram for the design and development of a 8/4/88. as quoted by Reuters, 10/22/89. triggering package for nuclear explosive de- ‘‘We don’t want any controversy [with the ‘‘There was a [nuclear weapons] capability vices.’’ US] on the nuclear issue . . . We want it clear in 1989 when the present Government came 1981—Publication of book, Islamic Bomb, beyond doubt that we’re interested only in to power, and that means we could have citing recent Pakistan efforts to contruct a energy, not nuclear weapons.’’—Opposition moved forward in an unwise direction . . . nuclear test site. leader Benazir Bhutto, Washington Post, 11/ But we didn’t. Instead, we froze the pro- 1982/3—Several European press reports in- 19/88, shortly before becoming Prime Min- gram.’’—Pakistani Foreign Secretary dicate that Pakistan was using Middle East- ister. Shahryar Khan, NY Times, 2/8/92. ern intermediaries to acquire bomb parts (13- ‘‘We believe in a peaceful [nuclear] pro- ‘‘We kept our part of the bargain but Paki- inch ‘‘steel spheres’’ and ‘‘steel petal gram for energy purposes and nothing stan let us down by crossing the line in 1990 shapes’’). else.’’—Opposition leader Benazir Bhutto, . . . We had promised Pakistan billions and 1983—Recently declassified U.S. govern- interview in Time, 11/28/88. billions of dollars if that line was not ment assessment concludes that ‘‘There is ‘‘I can tell you with confidence that there crossed.’’—John Malott, interim director of unambiguous evidence that Pakistan ac- is no bomb programme in Pakistan . . . State Department South Asia Bureau, AFP, tively pursuing a nuclear weapons develop- There is no bomb programme . . . there is no 5/16/93. ment program . . . We believe the ultimate bomb programme.’’—Prime Minister Benazir ‘‘India is the nuclear delinquent in the re- application of the enriched uranium pro- Bhutto, interview in Calcutta Telegraph, 12/ gion while Pakistan has always been exercis- duced at Kahufa, which is unsafeguarded, is 14/88. ing restraint . . . [Pakistan] does not possess clearly nuclear weapons.’’ S 13966 CONGRESSIONAL RECORD — SENATE September 20, 1995 1984—President Zia states that Pakistan 1989—Multiple reports of Pakistan modify- stan has quite sufficient computing power in has acquired a ‘‘very modest’’ uranium en- ing U.S,-supplied F–16 aircraft for nuclear country to run all the modeling necessary to richment capability for ‘‘nothing but peace- delivery purposes; wind tunnel tests cited in adequately verify the viability of the coun- ful purposes.’’ document reportedly from West German in- try’s nuclear weapons technology.’’ 1984—President Reagan reportedly warns telligence service. 1990—Dr. A.Q. Khan, father of Pakistan’s Pakistan of ‘‘grave consequences’’ if it en- 1989—Test launch of Hatf–2 missile: Pay- bomb, receives ‘‘Man of the Nation Award.’’ riches uranium above 5%. load (500 kilograms) and range (300 kilo- 1990—Washington Post documents 3 recent 1985—ABC News reports that U.S. believes meters) meets ‘‘nuclear-capable’’ standard efforts by Pakistan to acquire special arc- Pakistan has ‘‘successfuly tested’’ a ‘‘firing under Missile Technology Control Regime. melting furnaces with nuclear and missile mechanism’’ of an atomic bomb by means of 1989—CIA Director Webster tells Senate applications. a non-nuclear explosion, and that U.S. Governmental Affairs Committee hearing 1991—Wall Street Journal says Pakistan is Krytrons ‘‘have been acquired’’ by Pakistan. that ‘‘Clearly Pakistan is engaged in devel- buying nuclear-capable M–11 missile from 1985—U.S. nuclear export control violation: oping a nuclear capability.’’ China. Texas, Krytrons (nuclear weapon triggers). 1989—Media claims that Pakistan acquired 1991—Sen. Moynihan says in television 1985—U.S. nuclear export control violation: tritium gas and tritium facility from West interview, ‘‘Last July [1990] the Pakistanis U.S. cancelled license for export of flash x- Germany in mid-1980’s. machined 6 nuclear warheads. And they’ve ray camera to Pakistan (nuclear weapon di- 1989—ACDA unclassified report cites Chi- still got them.’’ agnostic uses) because of proliferation con- nese assistance to missile program in Paki- 1991—Time quotes businessman, ‘‘BCCI is cerns. stan. functioning as the owners’ representative for 1985/6—Media cites production of highly en- 1989—U.K. press cites nuclear cooperation Pakistan’s nuclear-bomb project.’’ riched, bomb-grade uranium in violation of a between Pakistan and Iraq. 1992—Pakistani foreign secretary publicly commitment to the U.S. 1989—Article in Nuclear Fuel states that discusses Pakistan’s possession of ‘‘cores’’ of 1986—Bob Woodward article in Washington the United States has issued ‘‘about 100 spe- nuclear devices. Post cites alleged DIA report saying Paki- cific communiques to the West German Gov- stan ‘‘detonated a high explosive test de- ernment related to planned exports to the EXHIBIT 4 Pakistan Atomic Energy Commission and its velop between Sept. 18 and Sept. 21 as part of ARE PAKISTAN’S F–16’S ‘‘NUCLEAR-CAPABLE’’? affiliated organizations;’’ exports reportedly its continuing efforts to build an implosion- IT DEPENDS ON WHO YOU ASK type nuclear weapon’’; says Pakistan has included tritium and a tritium recovery fa- William T. Pendley, Office of Assistant produced uranium enriched to a 93.5% level. cility. 1986—Press reports cite U.S. ‘‘Special Na- 1989—Article in Defense & Foreign Affairs Secretary of Defense/ISA, Letter to Sen. tional Intelligence Estimate’’ concluding Weekly states ‘‘source close to the Pakistani Glenn on 13 April 1993: ‘‘Pakistan could . . . theoretically attach a that Pakistan had produced weapons-grade nuclear program have revealed that Paki- [nuclear] weapon and deliver it to a target material. stani scientists have now perfected detona- 1986—Commenting on Pakistan’s nuclear tion mechanisms for a nuclear device.’’ with their F–16s, or any other aircraft in capability, General Zia tells interviewer, ‘‘It 1989—Reporting on a recent customs inves- their inventory, if arming and fuzing proce- is our right to obtain the technology. And tigation, West German magazine Stern re- dures were accomplished before takeoff, and when we acquire this technology, the Islamic ports, ‘‘since the beginning of the eighties safety and placement accuracy were not con- world will possess it with us.’’ over 70 [West German] enterprises have sup- sidered.’’ 1986—Recently declassified memo to then- plied sensitive goods to enterprises which for Robert Gates, CIA Director, Testimony Be- Secretary of State Henry Kissinger states, years have been buying equipment for Paki- fore Senate Governmental Affairs Commit- ‘‘Despite strong U.S. concern, Pakistan con- stan’s ambitious nuclear weapons program.’’ tee, 15 January 1992: tinues to pursue a nuclear explosive capabil- 1989—Gerard Smith, former U.S. diplomat [Sen. Glenn]—‘‘How about delivery sys- ity * * * If operated at its nominal capacity, and senior arms control authority, claims tems? Is there any evidence that Pakistan the Kahuta uranium enrichment plant could U.S. has turned a ‘‘blind eye’’ to prolifera- converted F–16s for possible nuclear delivery produce enough weapons-grade material to tion developments in Pakistan and Israel. use? [Gates]—‘‘We know that they are—or we build several nuclear devices per year.’’ 1989—Senator Glenn delivers two lengthy 1987—U.S. nuclear export control violation: statements addressing Pakistan’s violations have information that suggests that they’re Pennsylvania, maraging steel & beryllium of its uranium enrichment commitment to clearly interested in enhancing the ability of (used in centrifuge manufacture and bomb the United States and the lack of progress on the F–16 to deliver weapons safely. But we components). nonproliferation issues from Prime Minister don’t really have—they don’t require those 1987—London Financial Times reports U.S. Bhutto’s democratically elected government changes, I don’t think, to deliver a weapon. spy satellites have observed construction of after a year in office; Glenn concluded, We could perhaps provide some additional second uranium enrichment plant in Paki- ‘‘There simply must be a cost to non-compli- detail in a classified manner.’’ stan. ance—when a solemn nuclear pledge is vio- ‘‘Assessing ballistic missile proliferation 1987—Pakistan’s leading nuclear scientist lated, the solution surely does not lie in and its control, ‘‘Report of Center for Inter- states in published interview that ‘‘what the voiding the pledge.’’ national Security and Arms Control, Stan- CIA has been saying about our possessing the 1989–90—Reports of secret construction of ford University, November 1991: bomb is correct.’’ unsafeguarded nuclear research reactor; ‘‘Pakistani F–16 aircraft could be effective 1987—West German official confirms that components from Europe. nuclear-delivery vehicles even if Pakistan’s nuclear equipment recently seized on way to 1990—U.S. News cites ‘‘western intelligence nuclear warheads are large and heavy.’’ Pakistan was suitable for ‘‘at least 93% en- sources’’ claiming Pakistan recently ‘‘cold- ‘‘Western intelligence sources’’ cited in richment’’ of uranium; blueprints of uranium tested’’ a nuclear device and is now building U.S. News & World Report, 12 February 1990: enrichment plant also seized in Switzerland. a plutonium production reactor; article says ‘‘The sources say Pakistan, in violation of 1987—U.S. nuclear export control violation: Pakistan is engaged in nuclear cooperation agreements with Washington, is busily con- California, oscilloscopes, computer equip- with Iran. verting U.S.-supplied F–16 fighter planes—60 ment (useful in nuclear weapon R&D). 1990—French magazine publishes photo of more are scheduled to be sent this year—into 1987—According to photocopy of a reported West German government document citing potential nuclear-weapons carriers by outfit- German foreign ministry memo published in claim by U.K. official that British govern- ting them with special structures attached Paris in 1990, U.K. government official tells ment believes Pakistan already possesses ‘‘a to the plane’s underwing carriage. The struc- German counterpart on European non- few small’’ nuclear weapons; cites Ambas- ture allows the mounting of a dummy under proliferation working group that he was sador Richard Kennedy claim to U.K. dip- one wing of the F–16 to balance the weight of ‘‘convinced that Pakistan had ‘a few small’ lomat that Pakistan has broken its pledge to the bomb under the other wing.’’ nuclear weapons.’’ the U.S. not to enrich uranium over 5%. Deptuy Assistant Secretary of Defense Ar- 1988—President Reagan waives an aid cut- 1990—London Sunday Times cites growing thur Hughes, testimony before House Sub- off for Pakistan due to an export control vio- U.S. and Soviet concerns about Pakistani committee, 2 August 1989: lation; in his formal certification, he con- nuclear program; paper claims F–16 aircraft ‘‘In order to deliver a nuclear device with firmed that ‘‘material, equipment, or tech- are being modified for nuclear delivery pur- any reasonable degree of accuracy and safe- nology covered by that provision was to be poses; claims U.S. spy satellites have ob- ty, it first would be necessary to replace the used by Pakistan in the manufacture of a nu- served ‘‘heavily armed conveys’’ leaving entire wiring package in the aircraft. In ad- clear explosive device.’’ Pakistan uranium enrichment complex at dition to building a weapons carriage mount, 1988—Hedrick Smith article in New York Kahuta and heading for military airfields. one would also have to re-do the fire control times reports U.S. government sources be- 1990—Pakistani biography of top nuclear computer, the stores management system, lieve Pakistan has produced enough highly scientist (Dr. Abdul Qadeer Khan and the Is- and mission computer software to allow the enriched uranium for 4–6 bombs. lamic Bomb) claims U.S. showed ‘‘model’’ of weapon to be dopped accurately and to redis- 1988—President Zia tells Carnegie Endow- Pakistani bomb to visiting Pakistani dip- tribute weight and balance after release. We ment delegation in interview that Pakistan lomat as part of unsuccessful nonprolifera- believe this capability far exceeds the state has attained a nuclear capability ‘‘that is tion effort. of the art in Pakisan and could only be ac- good enough to create an impression of de- 1990—Defense & Foreign Affairs Weekly re- complished with a major release of data and terrence.’’ ports ‘‘U.S. officials now believe that Paki- industrial equipment from the U.S.’’ . .. September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13967 [Rep. Solarz]—Now, in your testimony, Mr. There being no objection, the letter Thus, a specific waiver for Pakistan was cre- Hughes, I gather you’ve said that the F–16s was ordered to be printed in the ated (and has been subsequently renewed five which we have already sold them are not nu- RECORD, as follows: times) that allowed them to escape from the clear capable? sanctions imposed by U.S. law for [Hughes]—That’s right sir. U.S. SENATE, proliferators. This has been done for no other [Rep. Solarz]—And the planes we’re plan- COMMITTEE ON GOVERNMENTAL AFFAIRS, country that I am aware of. ning to sell will not be configured in such a Washington, DC, April 19, 1995. Nonetheless, Congress was unwilling to way that they could deliver nuclear ord- President WILLIAM CLINTON, give a complete blank check to Pakistan, nance? The White House, and stipulated in the waiver legislation that [Hughes]—That’s right, Mr. Chairman. Washington, DC. Pakistan would still be cut off if it received Deputy Assistant Secretary of State DEAR MR. PRESIDENT: I am writing to ex- or exploded a nuclear device. In addition, Teresita Schaffer, testimony before House press my concern about the direction of U.S. Congress stipulated that an annual report Subcommittee, 2 August 1989: nonproliferation policy in South Asia in the would be provided on Pakistan’s nuclear ac- ‘‘None of the F–16s Pakistan already owns wake of the visit last week of Prime Minister tivities so that Congress could confirm that or is about to purchase is configured for nu- Benazir Bhutto of Pakistan. Press reports U.S. assistance was indeed inhibiting Paki- clear delivery. Pakistan, moreover, will be and commentary regarding her visit and the stan’s bomb program as was confidently as- obligated by contract not to modify its new joint press conference you held with her have sumed by Reagan Administration officials. acquisitions without the approval of the been singularly devoid of information on the Those reports, along with supplementary United States.’’ history of the Pressler Amendment, the ac- intelligence information, revealed that there Views attributed to German Intelligence tivities of Pakistan in the nuclear area, and was no effect whatsoever on the pace or di- Agency (BND), in Der Spiegel, 24 July 1989: the circumstances surrounding the two 1989 rection of the Pakistani bomb program. The ‘‘The Pakistanis have secretly planned to contracts for the sale of F–16s. Without such Pakistanis continued to say publicly that use the fighter aircraft as a delivery system understanding, it is easy to conclude that an they had no nuclear weapons program, and for their bomb. According to a report by the injustice has been perpetrated upon Paki- continually lied to U.S. authorities whenever Federal Intelligence Service (BND), relevant stan, and that to rectify it, a major adjust- tests have already been successfully con- questioned. Indeed, then-President Zia and ment in our nonproliferation policy must be cluded. The BND has reported to the the then-head of the Pakistani Atomic En- made. The truth, however, is much more Chancellor’s Office that, using an F–16 ergy Commission, Munir Khan, both lied di- complicated, and the problem does not lend model, the Pakistanis have made wind tun- rectly to me during my visit to Islamabad in itself to easy resolution. 1984 when I asked them about information I nel tests and have designed to shell of the To understand how we have arrived at this bomb in a way that allows them to install it had concerning their nuclear program. difficult state of affairs with Pakistan, in The result of all this mendacity, plus ongo- underneath the wings. At the same time, the which they have paid $658 million in cash ing information that the Pakistani program detonating mechanism has been improved, so and used $200 million in credits for 28 F–16s was progressing, was the enactment of the that the weapons can now be used. . . Accord- but cannot have them delivered, let us re- Pressler Amendment, passed in 1985, which ing to the BND report, the Pakistanis long view some history. was designed to draw a new line in the sand ago found out how to program the F–16 on- In the mid–70s, Congress became concerned regarding the extent of U.S. forbearance of board computer to carry out the relevant about increasing evidence of international Pakistan’s nuclear weapons program. The flight maneuvers in dropping the bomb. Ac- nuclear trade in dangerous technologies as- amendment required the U.S. President to cording to the report from Pullach [BND sociated with producing nuclear weapon ma- certify annually that Pakistan did not ‘‘pos- headquarters], they also know how to make terials. A number of countries, including but sess’’ a nuclear explosive device in order for the electronic contact between the aircraft not limited to Pakistan, South Korea, assistance to continue, and that such assist- and the bomb.’’ Brazil, and Taiwan were actively engaged in Sen. John Glenn, letter to President Ron- ance would ‘‘significantly reduce the risk’’ seeking such technologies, and suppliers that Pakistan would possess such a device. ald Reagan, 5 March 1987: such as France and Germany seemed pre- ‘‘And I believe we should continue to try to Please note that the argument about the pared to meet the demand. In an attempt to provide assistance to the Afghans. But if the Pressler Amendment being unfair because it dampen such activity, in 1976 and 1977, Con- price that must now be paid is acceptance of applies only to Pakistan is completely dis- gress enacted what is now called the Glenn/ Pakistani nuclear weapons production along ingenuous because it ignores the fact that Symington amendment to the Foreign As- with the continued provision of a ‘make in Pressler was created to shape further the sistance Act which provided that countries the U.S.A.’ delivery system (F–16s), a com- unique, special exemption from U.S. non- importing or exporting such dangerous tech- bination certain to ultimately erode the na- proliferation law given to Pakistan years nologies under certain conditions would be tional security of the United States and earlier. cut off from U.S. economic and military as- some of its closest allies, then the price is It has been reported that C.I.A. officials sistance. This law was universal in its appli- too high.’’ who were privy to intelligence information Undersecretary of State James Buckley, cation and was not directed specifically to- concerning the Pakistani program were testimony before the Senate Foreign Rela- ward Pakistan. Nonetheless, in 1979, after skeptical, beginning from 1987 on, that the tions Committee, 12 November 1981: much information became available about il- President could make the appropriate cer- [Sen. Hayakawa]—‘‘Do the F–16’s provide legal Pakistani activities involving the tifications under Pressler to allow aid to Pakistan with a delivery system for nuclear smuggling of design information and equip- continue. Statements from high ranking devices?’’ ment related to nuclear enrichment, Presi- Pakistani officials around this time sug- [Buckley]—‘‘Yes, they would. But by the dent Carter invoked the Glenn/Symington gested that they had the bomb within their same token, this is not the only aircraft that Amendment to cut off the Pakistanis. After grasp. Nonetheless, President Reagan in 1987 would have that capability. My understand- the war in Afghanistan broke out, attempts and 1988, and President Bush in 1989 made ing is that the Mirage III currently possessed by the Carter Administration to restore those certifications. It has also been re- by Pakistan, would have the capability of de- some assistance to Pakistan in return for re- ported that President Bush told the Paki- livering a small nuclear device.’’ straint on their nuclear program were stanis in 1989 that he would be unable to E.F. Von Marbod, Director of Defense Se- rebuffed by the Pakistanis. make the certification in 1990. curity Assistance Agency, testimony before When the Reagan Administration arrived, Now, the contracts for the sale of 28 F–16s two House Subcommittees, 16 September aid to Pakistan and the Mujahideen was high was signed in 1989, the year Pakistan was os- 1981: up on the administration’s foreign policy tensibly warned that there would be no fur- [Solarz]—‘‘I gather the F–16’s are tech- agenda, and the repeal of the Glenn/Syming- ther certifications that would allow them to nically capable of carrying nuclear weapons. ton Amendment was suggested during Con- receive military equipment from the United Will the F–16’s supplied Pakistan be able to gressional consultations. This was rejected. States. The first cash payment (of $50 mil- carry nuclear weapons?’’ Instead, a proposal was made and adopted lion) was made at the beginning of FY 1990. [Von Marbod]—‘‘Mr. Solarz, all nuclear ca- into law that allowed the President to re- Subsequent to the cutoff, which took effect pabilities will be deleted from these F–16’s. sume aid to Pakistan for six years despite its in October, 1990, Pakistan continued to send All wiring to the pylons, all computer soft- violations of ‘‘Section 669’’ of the Glenn/Sy- periodic payments for the manufacture of F– ware programs that manage the hardware mington Amendment (relating the uranium 16s, i.e., $150 million in FY 1991, $243 million stores and all cockpit controls that are nu- enrichment activities). President Reagan in FY 1992, and $215 million in FY 1993, for a clear-related.’’ used this authority in 1982 and also issued a total of $658 million. Several Senators addressed the waiver under ‘‘Section 670’’ of the amend- Why did they continue to send money Chair. ment (relating to reprocessing activities) to when U.S. law would not enable them to re- Mr. GLENN. Mr. President, I ask exempt Pakistan indefinitely from the cutoff ceive the planes? This is a question only unanimous consent that a letter to the provisions of that section of the Glenn/Sy- they can answer. But it is not unlike an in- mington legislation as well/ (He could not do vestor buying the stock of a company whose President regarding the Pakistani situ- the same under Section 669 unless he had assets are under a lien in the hope that the ation that I sent on April 19 be printed ‘‘reliable assurances’’ that the Pakistanis lien will somehow be removed. If it doesn’t in the RECORD, and I reserve the re- were not developing nuclear weapons, and get removed, the investor can hardly call mainder of my time. such assurances were clearly not available). ‘‘foul’’. S 13968 CONGRESSIONAL RECORD — SENATE September 20, 1995 All this is not to say that the Pakistanis nonproliferators of the world. They have a protection of the global environment. are not entitled to any sympathy in their na- large claim on our loyalty. The United States has been an active tional security plight in South Asia. They Sincerely, partner in the activities of the U.N. have fought three wars with a much larger JOHN GLENN, Framework Convention on Climate adversary, India, who is also pursuing a nu- Ranking Member. Change and the Montreal Protocol on clear weapons program and exploded a device The PRESIDING OFFICER. The Sen- in 1974. By virtue of India’s nuclear program the Depletion of the Ozone Layer. The ator from Colorado is recognized. administration has highlighted the fact being indigenous and therefore not in viola- Mr. BROWN. Mr. President, I defer to tion of the terms of the Glenn/Symington that the Montreal protocol fund is a Amendment, the Indians have not been sub- the distinguished Senator from Rhode low-cost and very effective shield to ject to the amendment’s sanctions (which Island. protect the health of our citizens and Mr. GLENN. I thank my colleague would not have been effective in any case, our environment. The U.N. Framework and I yield 10 minutes to the distin- since the Indians received only token Convention on Climate Change address- amounts of economic or military assistance guished Senator from Rhode Island. es the problem of climate change with from the U.S.). That is not the same thing as The PRESIDING OFFICER. The sen- policies that are both good for the en- saying that U.S. law is discriminatory in its ior Senator from Rhode Island is recog- vironment and good for the economy. application. nized. As I write this, more than 170 nations are The committee report recognizes the ENVIRONMENTAL PROVISIONS meeting in New York to determine whether importance of these organizations and and for how long to extend the Nuclear Non- Mr. PELL. Mr. President, I would programs and urges that adequate proliferation Treaty. It has been the policy like to briefly draw the attention of funding be provided for these impor- of every American President over the past my colleagues to the funding measures tant activities. twenty five years since the Treaty went into that the foreign operations appropria- The need to protect biodiversity is effect to support the Treaty and we have tion bill recommends with regard to also highlighted as a priority and the been steadfast in that support. As a result, our participation in important ongoing we have every right to ask, as you have done, report recognizes that global biological international environmental efforts. In wealth is vital to U.S. security and key that the members of the Treaty vote for in- particular, I wish to refer to the alloca- definite extension. The NPT has been a suc- to our own agricultural and pharma- cess because we have cooperated with those tion of $50 million that have been ear- ceutical interests. The report thus Parties to the Treaty who have taken their marked for the Global Environment urges AID to remain active in regions nonproliferation commitments seriously, Facility, commonly referred to as the that are significant for biological di- just as we are taking our own commitments GEF. At the outset, let me highlight versity. I support that commitment. seriously by reducing our stockpiles of weap- that while this amount falls short of Finally, the foreign operations bill ons and engaging in a moratorium on test- the $110 million that the administra- recognizes the key role played by the ing. tion had requested, it represents a 66- How will we be keeping faith with those U.N. Environment Programme [UNEP], percent increase from the amount that by requiring that any reduction in the 170+ nations meeting in New York if the the House of Representatives had rec- message we send is that a proliferator with a amounts made available for UNEP history of mendacity can receive from the ommended. This important increase is shall not exceed the percentage by United States a significant number of nu- the result of the joint efforts of Demo- which the total amount appropriated clear weapons delivery systems (F–16s)? To crats and Republicans, who in a spirit for international operations and pro- ask the question is to give the answer. of bipartisanship joined their efforts to grams is reduced. UNEP provides a The U.S. cannot be a champion of non- increase funding for international envi- means to pursue international environ- proliferation on the one hand and a ronmental activities. mental standards that are both com- facilitator of nuclear weapons development Mr. President, the GEF was recently patible with U.S. interests and com- or delivery on the other. To send F–16s to restructured and now represents all the Pakistan with full realization of the history parable to U.S. regulatory require- good that can come out of sound inter- ments and restraints. Further, UNEP I have laid out in this letter would be a gross national efforts on the environment. violation of our commitment to foster a non- goals are complementary to our own, proliferation ethic in the world through the The committee report that accom- particularly in the area of climate NPT and other means, and would rightfully panies the foreign operations bill cor- change and ozone depletion. subject us to strong international criticism. rectly emphasizes the need to maintain Mr. President, I am grateful for the I am not an enemy of Pakistan, and I have U.S. leadership in this vital organiza- bipartisn approach that prevailed in supported them when they have been threat- tion, which seeks to combat ocean pol- the Appropriations Committee which ened in the past, such as during the war in lution, ozone depletion, loss of has allowed us to ensure that the Unit- Afghanistan. And I, along with you, Mr. biodiversity, and other serious threats ed States will remain committed in our President, want their cooperation in the to the Earth’s environment. Specifi- fight against terrorism and drugs. Surely we very important efforts to protect the cally, the GEF aims to assist develop- environment. ought to be able to find a way to support ing countries in meeting the new chal- them in these activities without giving them Mr. President, I ask unanimous con- lenges of sustainable development. a nuclear weapons delivery system. I am pre- sent to have printed in the RECORD an pared to discuss with you or your representa- We are now at a time where the im- editorial from the New York Times on tives various options in which such support pacts of global change are starting to that subject, and I yield the floor. might be provided without undermining our have significant effects on our environ- There being no objection, the articles nonproliferation standing and efforts around ment and the United States just can- was ordered to be printed in the the world. not afford to relinquish its leadership RECORD, as follows: As to the cash payments for the F–16s, we role. This point was highlighted in a cannot ignore the fact that, contrary to the recent editorial piece in the New York [From the New York Times, Sept. 18, 1995] grossly incorrect public statement made by Times, which enumerated the mount- GLOBAL WARMING HEATS UP Assistant Secretary Robin Raphel at a White ing evidence experts now have on the The evidence mounted last week that man- House briefing on April 11, no payments were made gases are causing deterioration of the made by Pakistan before FY1990. Sticking to depletion of the ozone layer and other climate change factors. I ask unani- earth’s atmosphere. First came news that a the payment schedule of the contract until United Nations scientific panel believes it FY1993 was a gamble by Pakistan that didn’t mous consent that a copy of this arti- has found, for the first time, evidence that pay off, and now they want to be held harm- cle be included at the end of my re- human activities are indeed causing a much- less from losing their gamble. It is perhaps marks. We should not be reducing our debated warming of the globe. The report, unfortunate that U.S. officials did not dis- commitment to a healthy global envi- though preliminary, appeared to strengthen abuse the Pakistanis of the hope that mak- ronment at such a critical time. the case that governments throughout the ing those payments would put pressure on I also note that the Senate Appro- world may need to take stronger action to the U.S. to reverse the Pressler sanctions head off potential damage. and deliver the planes, but that is no reason priations Committee has increased from the House bill the amount that Then came an announcement from the to turn that hope into reality now. World Meteorological Organization that a In closing, Mr. President, I urge again that will be dedicated to international orga- worrisome hole in the earth’s protective in finding ways to improve our relations nizations and programs, which also in- ozone shield appears to be getting even larg- with Pakistan, we not lose sight of the im- cludes U.S. efforts to promote sustain- er over Antarctica. Such enlargement had portance of keeping good relations with the able development, and particularly the been expected because it will take a while September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13969 for corrective actions already taken by many gard to the amendment, but that does tary . . . equipment really will have no sig- governments to exert their effect. But the not mean I do not share his strong feel- nificant impact on the balance one way or report underscored that the battle to save ings toward nonproliferation. I do. another. the ozone layer is not yet safely won. The first portion of what has been Those remarks, sentiments, were The U.N.’s global warming report, de- echoed by George Tanham. He was the scribed by William K. Stevens in the Sept. 10 said that I want to deal with is the Times, indicates that man-made global very significant question: What is the Vice President of the Rand Corp. I be- warming is a real phenomenon. It can not be value, militarily, of the slightly more lieve he is retired at this point, but dismissed as unproved ‘‘liberal claptrap,’’ as than one-fourth of the package that nevertheless is an important expert in Representative Dana Rohrabacher, Repub- would be delivered under this amend- this area. lican of California, who heads a house envi- ment. These are arms negotiated for in I agree with Steve that the package ronmental subcommittee, has derisively sug- 1986 and 1987 and 1988. These are arms won’t change the balance at all. In gested. that have aged somewhat, that are fact, there is no balance now. India For years now scientists have been arguing dominates so strongly. They have over whether the omission of ‘‘greenhouse somewhat out of date. But I thought gases,’’ such as carbon dioxide generated by that was a valid question and an im- twice as large an army as Pakistan, the burning of fossil fuels, has contributed to portant one for our deliberations. twice as large an air force, twice as a small rise in global temperatures over the We held a series of hearings on this large a navy, twice as many tanks, past century—and whether such emissions whole matter, including one directed twice as many airplanes. So there isn’t will drive temperatures even higher in com- specifically to that particular question; a balance at the moment. India has ing decades. that is: How significant are these weap- overwhelming strength. Such a change in temperature might, if ons? What kind of problems would they This one is from Michael Krepon. He drastic enough, have serious consequences, is the president of the Henry Stimson as is made clear today in a second article by create? How significant are they in Mr. Stevens. Global warming could cause a military terms? Center. rise in sea level that would flood coastal low- I want to deal with the specifics of Conventional arms transfers like those lands, an increase in weather extremes and the answers but let me just summarize. under consideration by the Congress have damage to forest and croplands in some re- The experts that we called in were both not in the past been sources of instability or gions. Forestalling truly severe damage Democrat and Republican, they were arms racing in the region. might will warrant action to slow the emis- both military personnel and personnel This next one is by the Honorable sion of greenhouse gases by reducing the from academia. They were both people William Clark, Jr. He was the U.S. Am- world’s reliance on fossil fuels. But that who had worked with India—we had the bassador to India during the period of would be a wrenching, costly process that 1989 to 1992. few political leaders are eager to undertake former Ambassador to India as well as absent compelling evidence that human ac- other experts on India, consultants We have got F–16’s that have been sitting tivities really are driving world tempera- who work with India all the time—and in the desert and being maintained. The P–3 tures toward dangerous levels. there were experts who had worked in and the Harpoon, three of them are margin- Now the U.N’s Intergovernmental Panel on ally useful, if at all, and they have been al- Pakistan. So we had a broad range of ready. The requirement has been met in Climate Change, the scientific panel charged people, backgrounds, and issues. We with analyzing the problem, has concluded in other ways. From the politics of it, it is ter- a draft report that it is seeing signals that asked all of them the same question: ribly important. The military utility of it, man-made global warming is under way. The What is the effect on the balance of they would rather buy more modern equip- signals are not in the form of a ‘‘smoking power in the area? ment with the money. gun.’’ Instead, they are found in computer They said this. First, that India What he is suggesting there is that if patterns. The computer models that predict maintains the balance of power and the Pakistanis had the choice, they rising temperatures seem to be matching up that it is militarily overwhelming, probably could get better quality weap- more closely with some of the patterns of roughly a ratio of 2 to 1, depending on ons if we returned their money than if climate change actually observed. There are the category of weapons system. In we delivered the weapons. That is par- great uncertainties in how much the tem- some areas the ratio is even more than perature will rise and how great any damage ticularly important if, indeed, the might be. But the case for being concerned 2 to 1. Certainly in population it is amendment proposed by the Senator about global warming is getting stronger. much more than that. In overall re- from California is offered with an al- That makes it especially distressing that sources it is more than that. ternative to return the money. committees in the House and Senate are Second, these experts said it would This is from James Clad, professor at slashing funds for programs aimed at pro- not affect the balance of power at all. Georgetown University. tecting the global environment. Steep cuts Third, they said the weapons them- The offer for Pakistan is exactly as Dr. have been imposed on research to study glob- selves are not terribly significant. Tanham pointed out an equalizing hand in al climate change, on programs to help re- I have summarized what they said. I trying to somehow correct the duce carbon emissions and on funds to help want the RECORD to reflect precisely subcontinental mismatch of conventional developing countries phase out their ozone- weaponry capability and geographical re- destroying chemicals. It is perverse that, as what they said. But the military sig- ality. I think another turn on a dime on this the evidence of global atmospheric harm nificance of the items that would be issue is going to I think do further damage gets somewhat stronger, the political re- transferred to Pakistan is a valid ques- to the American diplomacy. sponse to mitigating it gets progressively tion. I think the Senator is right to weaker. raise it. I wanted the Senator and Professor Clad’s ‘‘other turn’’ was re- The PRESIDING OFFICER. The Sen- other Members of this Chamber to versing the President’s compromise ator from Colorado is recognized. know I was concerned about it, that we reached after negotiations with the Mr. BROWN. Mr. President, I yield called a hearing on it, that we got tes- Pakistan government, which, of course, myself 10 minutes. timony from all the experts including is the amendment we have offered. If Mr. President, I compliment the dis- the administration, all of which agreed we turn down the President after he tinguished Senator from Ohio for his stated that the equipment to be trans- has negotiated a settlement, after he very thoughtful comments. He has ferred would have little military sig- has taken the lead and gotten an agree- been a very sincere and a tireless advo- nificance. able settlement in this very sore situa- cate of the cause of nonproliferation, I will just give a quick sampling of tion, we not only discredit the Presi- and he has made a major contribution the testimony taken because it lends dent but we undercut his ability to ne- not only to the United States effort in important background as Members gotiate for us in the future. Those are that but to the worldwide efforts in consider this particular question. How my words, not Professor Clad’s, but I that. While we find ourselves on oppo- significant are these arms that will be think the point that he makes is very site sides of this particular issue, I cer- delivered under this amendment? Here accurate. tainly want to indicate my admiration is what Stephen Cohen, Director of The last one is from Bruce Fein. He for his tireless efforts and also my Program in Arms Control, Disar- is a constitutional and international thanks for the contribution he has mament and International Security at law specialist and also a syndicated made to the debate tonight. I think it the University of Illinois, said: columnist. has been helpful and constructive. I do In terms of the regional military balance, It is true that they— come to a different conclusion with re- I don’t think that the release of this mili- Referring to India— S 13970 CONGRESSIONAL RECORD — SENATE September 20, 1995 are searching at present for substantial addi- Is this an inconsistent policy? Mr. man would have said? Would he have tional arms purchases, hundreds of millions, President, I believe it is. The waivers said, ‘‘Well, it’s a top military secret. that I think would dwarf anything that that were talked about earlier simply Its disclosure would harm our national would follow any relaxation of the Pressler amendment: very high technology MiG air- relate to Pakistan because the restric- security. But I want to tell you anyway craft. tions apply to Pakistan. The fact is and I’ll tell you all about it’’? Does anybody here think President I might say, Mr. President, that this: If we are concerned about nuclear Truman would have said that? nothing compares in this package to weapons, we ought to be concerned He was not President in 1944; he was anything that India is currently shop- about both India and Pakistan and our Vice President. But at least at that pe- ping for, has the money to buy and ap- laws ought to apply equally to both riod of time. parently will buy at some point. countries. Mr. President, those comments deal Mr. President, they do not. If we are But the fact is, President Roosevelt— as seriously as I know how to deal with concerned about statements countries later President Truman who led us in the question of how significant the make about their nuclear weapons pro- the later 1940’s—did not reveal, to ques- equipment that is transferred will be. gram, we ought to be concerned about tions, that we had a nuclear weapon. It The experts tell us it is not significant statements by India as well as by Paki- was a matter of utmost national secu- and, indeed, that is what the adminis- stan. Mr. President, we have not heard rity. tration tells me. that concern about India tonight. We Should the Pakistanis have revealed Now, that was not HANK BROWN talk- have only heard it about Pakistan. their national security secrets to us? ing. Those statements were given by If Members are concerned about vio- Well, maybe they should have. I can experts in the field in a public hearing lations of the MTCR—and I am—if they understand Members’ frustration with subject to the scrutiny and review of are concerned and want to impose that. But I also understand this, India the media and other experts. It is im- sanctions, they ought to be doing what has the nuclear weapons. And they had portant because I must tell you my the law says, which is to impose sanc- them first. If anyone is shocked or sur- own view is I do not want to get in- tions not only in the country that buys prised that Pakistan, who has been in- volved in arms sales to the subconti- items that violate the MTCR but also volved in three wars with India and nent that will create an escalating on the country that sells in violation. lost all three, would think about devel- arms race or that change in the bal- We have had a lot of people talk about oping weapons comparable to the coun- ance in favor of one side or the other. applying penalties against Pakistan try that beat them in three wars, I I want the United States to be friends under the MTCR. But who has come think they have not studied much of with both countries. We have a great forward to propose penalties against world politics. future of trade, investment and mutual China? Under MTCR, they are equally Is anyone surprised that Pakistan development with both India and Paki- at risk if, indeed, the allegations are sought to get missiles, if indeed they stan. correct, but the reality is that all we have? I suspect they have sought to Ultimately, the people who have have heard are sanctions against Paki- find missiles. The fact is that India has tried to exploit the difference between stan and none against China, or at developed missiles. Is anybody sur- those two countries will be viewed with least the Members who have spoken prised that Pakistan then in turn hostility by both nations as well. Ulti- have not talked about China. would try to acquire missiles? I am not mately, both of these neighbors will Mr. President, I yield myself an addi- surprised. Do we wish this was not face common challenges. They must be tional 10 minutes. going on? Absolutely. But our chal- friends and must work together. The It seems to me, if we are going to be lenge ought to be to think of ways that American sense that we do not want to consistent, we ought to apply our con- we can slow it down or stop it. That in- get in between the two is the right cerns about nuclear technology to both volves additional leverage. To ignore sense. That is why it is so important to India and Pakistan. If we are concerned the situation, to close off our contacts clear up this contractual dispute after about nuclear technology, we ought to and our discourse with Pakistan is not 9 years and get it out of our way. The be willing to apply the laws that re- the way to solve the problem. administration is right when they say strict its development and spread to Mr. President, I offer these observa- it is not their intention to get involved both India and Pakistan, not just to tions at the same time I want to renew in future arms sales. one of the two. If we are concerned my sense that it is terribly important That deals with the question of how about missiles and missile technology, that we pursue our efforts to slow pro- significant the one-fourth of the pack- we ought to be willing to apply those liferation or stop it. What is at stake age that is being delivered is. A second restrictions to both India and Paki- here is solving an old dispute, and what area that I thought maybe was worth- stan. The fact is the MTCR does not stays in place, what is unharmed or un- while: Much has been made by my dis- apply to missiles that are developed in- changed is the flat prohibition on mili- tinguished friends about the fact that country but they do apply to a country tary aid or sales to Pakistan. That is Pakistan did not reveal the full extent that acquires them from outside. unchanged. What stays in place is a of what they were doing with nuclear Once again, we have drafted a law strong penalty against Pakistan who material or other areas. that only applies in this case to Paki- has been our ally through thick and What perhaps was not said is what stan and not to India, at least in rela- thin. We keep that in place because we India said about their nuclear program. tion to the two countries. want to keep a lesson out there for the We are not dealing with a nation in iso- Lastly, Mr. President, if we are going rest of the world that there is a pen- lation. Pakistan’s neighbor, which is to be consistent, we ought to talk alty. geographically far bigger, has a much about penalties not just for Pakistan But this amendment delivers a small greater population and a military that if, indeed, they have violated the portion of the package of equipment is twice its size, also has nuclear weap- MTCR, but for China as well. Yet what that Pakistan had contracted for 8 or 9 ons. But all that has been criticized we have heard tonight are slings and years ago, which they have paid for and here tonight are the statements and arrows pointed only at Pakistan. which is deemed to be militarily insig- denials of Pakistan. Nothing has been Well, that is perhaps appropriate in nificant by the experts, to them. Their said about the statements of India. some ways. This amendment does deal money on three-fourths of the package Now, it is in our interest as a country with Pakistan. It is right for them to is sent back to them, or at least inas- to run down either country, but it is bring these issues up. But from my much as we can sell those planes for unfair to turn a blind eye to what goes point of view, our level of consistency something and send it back. What we on in that subcontinent. If we are to be ought to be higher than that. do in this package is begin to deal fair- concerned about one country, we must Lastly, let me ask Members this: If ly with Pakistan. What we do not do is be concerned about the other. The re- you were a reporter and you talked to undercut our efforts at nonprolifera- ality is that between the two coun- President Truman in 1944 and you said, tion. I believe in the long run we im- tries, India and Pakistan, our legal re- ‘‘Mr. Truman, tell me whether or not prove those efforts. strictions apply to Pakistan but ex- the United States has a nuclear weap- Mr. President, I retain the remainder empt India. on?’’ What do you think President Tru- of my time. September 20, 1995 CONGRESSIONAL RECORD — SENATE S 13971 The PRESIDING OFFICER. Who some of her most ardent enemies; an Additionally, H.R. 1868 provides fund- yields time? agreement between Israel and the Pal- ing for the United States to assist the Mr. GLENN. Mr. President, as I un- estinians was formalized; and a peace Palestinians in the West Bank and derstood it, we cannot carry this time treaty between Israel and Jordan was Gaza as they develop their economy over until tomorrow. The time has to signed. and strive to accomplish peace in the be used this evening. But despite these developments and region. In my view, the United States We have 1 hour total equally divided. achievements, the Middle East is still should help lead an international com- Is that correct? among the most dangerous regions in munity effort to stimulate private in- The PRESIDING OFFICER. That is the world. vestment in Gaza and Jericho, includ- correct. Instability in the Middle East is con- ing the continuation of a free-trade Mr. GLENN. Mr. President, I would trary to our national security interests agreement and the development of in- be prepared to yield back the remain- because it threatens the supply of oil, dustrial parks. Such initiatives can der of my time, if the Senator from which could create a crisis the likes of drive economic growth for the Pal- Colorado is prepared to do the same. which the people of Western Europe estinians. A stronger economy in turn Mr. BROWN. Mr. President, I also and America have experienced before. will ultimately help produce peaceful would be happy to yield back the re- It could also threaten our access to the self-rule. mainder of my time for this evening. Suez Canal and increase the influence Mr. President, l believe we must con- Mr. President, at this point I will of terrorist regimes. tinue to assist nations which serve our suggest the absence of a quorum. And this instability could resurface interests by promoting stability in a The PRESIDING OFFICER. The at any time. Parties opposed to the volatile region. I am hopeful that ulti- clerk will call the roll. peace process have sought to under- mately there will be a peaceful resolu- The bill clerk proceeded to call the mine it. Economic underdevelopment tion to the Arab-Israeli conflict. I urge roll. in many countries breeds political in- my colleagues to vote for this legisla- Mr. GLENN. Mr. President, I ask stability and even violence. tion, because I believe aid to Israel and In order to minimize these dangers unanimous consent that further pro- Egypt, as well as to the Palestinians, is while continuing to build on historic ceedings under the quorum call be re- a small price to help attain paramount accomplishments in the region, United scinded. international goal of the United States support for Israel and Egypt is The PRESIDING OFFICER. Without States—permanent stability and peace objection, it is so ordered. as critical today as ever. Both Israel and Egypt stand firmly with us in in the Middle East. AID TO ISRAEL AND EGYPT I yield the floor. Mr. ABRAHAM. Mr. President, I rise countering these threats. Mr. GLENN. Mr. President, during The joint military exercises the Unit- today in support of U.S. aid to our the wrapup tonight—I know the proce- ed States conducts with Israel promote strongest allies in the Middle East: Is- dures for tomorrow will be laid out by American goals in the region by solidi- rael and Egypt. my distinguished colleague here. Since fying a cooperative strategic plan I believe foreign aid should be dis- the regular floor managers for this bill which can be quickly implemented. pensed only when and where it is in Dozens of American weapons systems, are not here this evening, I would like America’s national interest, and H.R. including the Patriot missile and the to point out that Senator FEINSTEIN 1868, the foreign operations, export fi- F–15 fighter, have been improved with had hoped to be able to put her amend- nancing and related appropriations bill Israeli technological innovations. The ment in and have it considered at the of 1996, meets those criteria. Arrow missile program, which has been end of the hour period and following H.R. 1868 authorizes $3 billion for Is- a joint American-Israeli project, the vote that will occur on Senator rael, including $1.8 billion in military should some day help America and our BROWN’s amendment. assistance and $1.2 billion in economic Although the managers are not here allies protect ourselves against ballis- aid; and $2.12 billion for Egypt—$1.3 bil- tic missile attacks. I should also point tonight, I hope we can honor that posi- lion in military aid and $815,000 in eco- out that aid to Israel is used primarily tion for her so that the votes on this nomic assistance. to purchase United States-made mili- same subject will occur at about the Mr. President I believe support for Is- tary equipment. same time or in sequence tomorrow. I rael and Egypt furthers our goal of sup- Similarly, joint United States-Egyp- hope that the floor managers tomorrow porting countries that defend and ad- tian military exercises have proven will look favorably on that, although vance America’s interests. fruitful in such coordinated efforts as they are not here to approve that to- The Middle East is an incredibly Desert Shield and Desert Storm. As the night. volatile region and events that tran- United States assists in maintaining I yield the floor. spire there have major implications for the efficiency of the Egyptian armed f the United States. Both Israel and forces, these forces can continue to MORNING BUSINESS Egypt help protect our strategic inter- protect and enhance our interests in ests in that part of the world and for the region. Furthermore, Egypt pur- Mr. BROWN. Mr. President, I ask this reason they deserve our continued chases over 85 percent of its military unanimous consent that there now be a support. equipment from the United States, in- period for the transaction of routine Now is not the time to abandon our cluding the M1A1 tanks. morning business with Senators per- friends, but rather the time to assist Mr. President, we must authorize mitted to speak up to 5 minutes each. them as they face many of the same these funding levels not only because it The PRESIDING OFFICER. Without challenges we do as we strive to pro- makes sense when considering our stra- objection, it is so ordered. mote stability in the post-cold war tegic goals in the Middle East, but also f world. because it is consistent with our objec- MESSAGES FROM THE PRESIDENT The Middle East has witnessed his- tives in the ongoing peace process. toric changes that seemed unimagina- As the chief sponsor of both past and Messages from the President of the ble only 5 years ago: the collapse of the current peace negotiations, the United United States were communicated to Soviet Union has removed the most States should maintain its leadership the Senate by Mr. Thomas, one of his powerful supporter of rogue nations in role in pursuing peace in the region by secretaries. the region; the United States, with continuing its unequivocal support for f Egypt’s crucial involvement, led an Israel and Egypt. Peaceful resolutions international coalition in a successful to Middle East conflicts will promote EXECUTIVE MESSAGES REFERRED effort during the Persian Gulf War; po- stability in this important part of the As in executive session the Presiding litical and economic relations were es- world. Officer laid before the Senate messages tablished between Israel and Morocco, The provisions of this aid package from the President of the United Tunisia, and many other countries are, in my view, well structured to States submitting sundry nominations around the world; bilateral negotia- serve the interests of Americans, Israe- which were referred to the appropriate tions were initiated between Israel and lis and Egyptians. committees.