E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, THURSDAY, JULY 25, 1996 No. 111—Part II Senate

FOREIGN OPERATIONS, EXPORT just want the Record to show, is that from Georgia, Mr. COVERDELL, myself, FINANCING, AND RELATED PRO- fiscal year 1994 is the only year the and everybody else in here is that we GRAMS APPROPRIATIONS ACT, President asked for less than the Con- are opposed to international drug traf- 1997 gress gave him. He asked for 148; he got ficking. The Senate continued with the con- 170. In 1995, he asked for 227; the Con- Back when I was a prosecutor we did sideration of the bill. gress gave him 105. In 1996, he asked for not have the problem we have now, but Mr. BIDEN addressed the Chair. 213; the Congress gave him 115. And in I used to throw people in jail for drug Mr. LEAHY addressed the Chair. 1997, he asked for 213, and the Congress trafficking. None of us needs to stand The PRESIDING OFFICER. The Sen- up to now has given him, the proposal up and say that we declare our opposi- ator from Delaware is recognized. is 160, and now our friend from Georgia tion to drug traffic. Mr. BIDEN. Mr. President, I yield to is getting in line with the President of What bothers me about the Coverdell amendment is that it cuts funds in the the Senator from Vermont. the United States and getting their act together in asking what the President bill for international environmental, AMENDMENT NO. 5018 asked for. humanitarian, and development pro- Mr. LEAHY. Mr. President, how So, I cannot let it go. I am trying not grams. It is going to cut UNICEF by at much time is remaining on this side? to respond to everything that occurs least $5 million, probably $10 million, The PRESIDING OFFICER. The Sen- here. But the fact is, $801 million asked potentially as much as $17 million. ator from Georgia has 10 minutes and by the President for this function; $540 I even heard about an organization 38 seconds, and the Senator from Ver- million thus far granted by the Con- called Olympic Aid Atlanta, an initia- mont has 15 minutes and 29 seconds. gress. If this succeeds, and I will sup- tive out of Atlanta, GA, to generate Mr. LEAHY. Mr. President, I assume port them to raise it up to the Presi- money to help children affected by con- the time will not start until we have dent’s level of $213 million, from $160 flict in 14 countries through UNICEF. order in the Senate. million, that $540 million will move up They are going to get cut, in all likeli- The PRESIDING OFFICER. The Sen- in the commensurate amount. I thank hood, because we transfer the funds to ate will be in order. the Chair and yield the floor. counter narcotics. The Senator from Vermont is recog- Mr. GRASSLEY. Mr. President, I ap- This amendment is virtually iden- nized. preciate the remarks of the distin- tical to one offered a couple of years Mr. LEAHY. Mr. President, the Sen- guished Senator from Delaware in sup- ago. That was defeated 57 to 38 in a bi- ator from Delaware told me he wants 2 port of full funding for the inter- partisan vote. Anybody who doubts minutes, and I yield that to him. national drug program. I would remind what we do, we have spent over $1 bil- Mr. BIDEN. Mr. President, I am not him, however, that the cuts to the lion, that is $1,000 million, on the inter- going to speak to the merits of the leg- international program began in 1993 national narcotics program in the past islation. I see my friend from Iowa is in when the Democratic-controlled Con- 6 years. That is only one set of many, the Chamber. I was going to remain si- gress cut the INL program by 30 per- many sources on funding to combat lent on this, but because of the con- cent. The President’s requests in 1993 drugs overseas. The House version of stant partisan references to the Presi- and 1994 were also well below the Bush- this year’s State, Justice, Commerce dent not caring about it, I just want era budgets. Even if we vote for the appropriation bill has $75 million more the Record to show one thing. This ad- $213 million today, our international for the narcotics programs than the ministration since it came into office narcotics budget will still be over $200 President requested. has asked for $801 million for this very million below the 1992 level. I also re- We should ask whether we have actu- purpose, and my good friend from Iowa mind the Senator that he has been one ally accomplished much since 1987. We knows the Republican Congress gave of the most outspoken critics of this did have the predictions we would stop him $540 million. administration drug programs. He has drugs at the source. The amount of Now, I find it fascinating the Senator noted the failings. I hope he and others coca under cultivation has actually in- from Iowa stands up and berates the here will join in voting to put this pro- creased. It was 175,000 hectares in 1987; administration for its lack of interest, gram back on track. it is 214,000 in 1995. The amount of co- and the Senator from Kansas stands up The PRESIDING OFFICER. The Sen- caine produced has gone up. We spent and says there is no reason we should ator from Vermont. $1 billion—actually a lot more than $1 give this much money because it is bet- Mr. LEAHY. Mr. President, I think billion, but the flow of cocaine contin- ter used other places. There is some one thing should unite all of us, and I ues unabated. We destroy one coca merit to her argument, but the irony, I think it does. What unites the Senator field, another gets planted. We arrest

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

S8833 S8834 CONGRESSIONAL RECORD — SENATE July 25, 1996 one drug trafficker, another takes his try, what it is doing to our children more in controlling this drug situation, place. We find one corrupt official in and to so many others. But we provide and I urge the Senate to adopt this one of these countries, three more a sharp increase for counternarcotics amendment. I think it will be very come in. And the market drives it. We programs in this bill, and if we cut out helpful. all know that. KEDO, and put North Korea back onto I thank the able Senator. We are not going to give up. But let their nuclear program, is that increas- The PRESIDING OFFICER. The Sen- us be realistic. Until we stop the de- ing our security? I think, keep the hun- ator from Georgia is recognized. mand in this country, this is going to dreds of millions of dollars we are Mr. COVERDELL. Mr. President, I continue. This bill increases—the bill spending on narcotics, but do not cut yield 2 minutes to the Senator from that we have before us, without the these other things that also affect our Arizona. amendment by the distinguished Sen- security. We increase amounts for Mr. KYL. Mr. President, given the ator from Georgia—increases funding drugs by cutting UNICEF or cutting poor record of the Clinton administra- for counternarcotics 39 percent above international health programs, pro- tion on drug enforcement it ought to current levels, the largest increase of grams to clean up toxic waste? Let us be enough to simply note that this any program in this bill. This would in- remember, also where some of this amendment is needed to bring funding crease it another 33 percent. That is a money goes. Some of these funds, un- up to the level requested by President 85 percent increase in 1 year. fortunately, go to the Colombian Army Clinton. In an Investors Business Daily Look what we are doing. At the same or Bolivian police or Peruvian police. article recently, they began by saying: time our AID budget is going down— They are not going to fight drugs. In the war on drugs, a bipartisan chorus of AID had to fire 200 employees last We are already giving them a 39 per- critics charges that President Clinton has week, people with 10, 20 years experi- cent increase. Let us accept the fact we been AWOL—absent without leadership. ence dedicated to this country—the want to stop drugs. Let us accept the They quote Representative CHARLES amount of money we know keeps going fact we will do everything possible. But RANGEL, a Democrat from New York, up. Look how the money has gone up, let us not create other problems by who says: up, up, up, up—but narcotics do not go cutting UNICEF and KEDO and every- I have never, never, never seen a President down. That is why, yes, work at what thing else. who cares less about this issue. we might do, but we are not going to Mr. President, I reserve the remain- Representative MAXINE WATERS a make any change in this by cutting $25 der of my time. Democrat from California says, ‘‘There million from the U.N. Environment The PRESIDING OFFICER. The Sen- is no war on drugs.’’ Program and UNICEF and the World ator from Georgia is recognized. The article goes on to note that Mr. COVERDELL. I yield up to 4 Food Program, the Convention on En- President Clinton cut the Drug En- minutes to the distinguished Senator dangered Species, to name a few. Some forcement Agency by 227 agents; that from South Carolina. he issued an Executive order reducing of these programs were cut 50 percent The PRESIDING OFFICER. The dis- military interdiction efforts, including last year. tinguished Senator from South Caro- But, when we end up cutting $5 mil- lina. the elimination of 1,000 antidrug posi- lion to $17 million out of UNICEF to Mr. THURMOND. Mr. President, this tions; that he shortened mandatory pay for this, or money out of AID’s de- amendment, offered by Senator minimum sentences for drug traffick- velopment programs that are already COVERDELL and other Senators includ- ers; that he tried to slash the staff of cut 22 percent last year, to cut them ing myself, would fully fund the Presi- the Office of National Drug Control another $28 million—I do not agree dent’s International Narcotics Control Policy by 80 percent, to only 25 people with this. Account request of $213 million for down from 146; and that in his 1995 The President has requested a lot. drug interdiction and eradication ef- budget he proposed cutting funds for But the President requested $12.8 bil- forts. Funds would come from the the Customs Service, the DEA, Federal lion for foreign assistance. Our alloca- International Organizations and Pro- Bureau of Investigation, INS, and tion was $12.2 billion. We are already gram accounts, which are $31 million Coast Guard, all of which would result $600 million below what the President over the President’s request, and from in fewer agents for drug interdiction. requested. If we had another half-bil- Development Assistance. The point here is if the administra- lion dollars we could afford this. Unless Mr. President, Mr. Matthew Robin- tion has requested the additional we want to cut UNICEF, unless we son, writing in Investors Business amount of money, surely the Congress want to cut our contribution to KEDO Daily, has brought out certain points ought to support it, given the fact that by half, and our other international de- which I think are very important. He the administration has not exactly velopment programs, then we cannot says: been a stalwart supporter of the drug afford it. That is the argument we The Drug Enforcement Agency has lost 227 interdiction efforts. made 2 years ago and we cut it down. agents from September ’92 to September ’95. Certainly no one cares more about I look at this bill. The first time in 22 Clinton issued an executive order reducing kids than the Senator from Kansas years we are already cutting UNICEF. military interdiction efforts, including the does. There is simply a difference of How much more do we want to cut it? elimination of 1,000 antidrug positions. opinion of how to proceed here. She He shortened mandatory minimum sen- This bill underfunds our contribu- tences for drug traffickers. makes the point this is significantly tions to the Korea Economic Develop- He tried to slash the staff of the Office of more funding than last year, and that’s ment Organization by half. I know the National Drug Control Policy by 80% to 25 right and that’s the point. distinguished Senator from Connecti- from 146. Congress has restored funding for Under President Bush, the funding cut, Senator LIEBERMAN, along with some of those slots. was going up. Under President Clinton, Senators NUNN, HATFIELD, THOMAS, In his ’95 budget, he proposed cutting funds the funding has gone down precipi- for the U.S. Customs Service, the DEA, the DASCHLE, LUGAR, SIMON, and myself, tously. We need to begin to restore Federal Bureau of Investigation, the Immi- are going to try to provide authority gration and Naturalization Service and the that funding so that we will have an for more. But assuming that authority U.S. Coast Guard. The result would have adequate effort in regard to this inter- passes, if the Coverdell amendment is meant 621 fewer agents. Congress again re- diction effort. That is why we should agreed to the money is not there. If we stored some of this funding. support the amendment of the Senator do not pay our share of KEDO, then the The drug effort has suffered on another from Georgia. The funding in this ef- Secretary of Defense says the risk of level, critics say. The first is in the actual fort needs to be increased. As Senator fight against street drugs. Interdiction ef- the North Koreans breaking the nu- GRASSLEY said, this is something we forts have suffered under Clinton, drug war- clear freeze would rise significantly. riors say. have to do for the kids. As I said, I fought drug traffic for The military’s budget for drug enforce- Mr. JEFFORDS. Mr. President, I over 8 years as a prosecutor. I voted for ment grew from $4.9 million in ’82 to more share the concern of my friend, the billions of dollars to fight drugs both than $1 billion in ’92. It was cut back under Senator from Georgia, about the ur- here and overseas. I know of no Mem- Clinton to $700 million in ’95. gency of improving the effectiveness of ber of this body on either side who does Mr. President, this amendment our anti-narcotics efforts. The threat not abhor the drug traffic in this coun- should be agreed to. We need to do of international drug trafficking is July 25, 1996 CONGRESSIONAL RECORD — SENATE S8835 very real and our efforts to combat it But I will say, with the huge increase strain, just as the technical sophistica- must become more effective. I agree in counternarcotics money that is in tion of drug trafficking syndicates is with many of the Senator from Geor- here already, let’s not even go beyond reaching new heights. A report pre- gia’s criticisms of the current program that and do it by cutting UNICEF and pared by the Judiciary Committee and believe that significant improve- cutting Korean economic development finds that the administration supply ments must be made in the results of and other things that are also in our reduction policy is in utter disarray, our anti-drug program. best interest. with a 53-percent drop in our ability to The bill before us provides a 40 per- Several Senators addressed the interdict and push back drug ship- cent increase in funding for these pro- Chair. ments in the transit zone. The report grams, reflecting the committee’s con- Mr. BIDEN. Will the Senator yield also finds increases in the purity of cern that there must be a strong re- me 1 minute? drugs and the number of drug-related sponse to the escalation of narcotics Mr. LEAHY. I yield the Senator from emergency room admissions of hard- trafficking. This is a significant in- Delaware 1 minute. core users. crease that will allow considerable ex- Mr. BIDEN. Mr. President, I heard If you look at it, it is a disgrace. I pansion of U.S. efforts abroad. again, this time from our friend from think what the distinguished Senator Yet, the amendment before us would Arizona, about the President’s flagging from Georgia is trying to do is right. shift an additional $53 million to the effort on drugs and Bush up, Clinton He is trying to put money back in, put counter-drug account. These funds down. Let’s get the record straight. money where our mouths happen to be would come from a $25 million cut in There was over $300 million more re- and start helping to bolster this admin- the International Operations and Pro- quested by the President for this very istration to do what it should do to grams account and a $28 million cut in function than the Congress is willing begin with. development assistance. Unlike the to give him. The Republican Congress I don’t have faith in the administra- international narcotics control pro- in the Senate last year cut the FBI by tion doing what is right in the drug grams, both the international organi- $112 million, cut the drug task force by war, and I don’t think others do. By zations and programs account and de- $19 million, cut the number of prosecu- gosh, I think we ought to support the velopment assistance have sustained tors by $19 million. Let’s stop this. amendment of the Senator from Geor- significant reductions in the past I think it makes sense to do what the gia. I hope people will. years. In particular, the international Senator from Georgia wants to do. I ask unanimous consent that the in- organizations account was sharply re- Let’s do it and stop this partisan ma- troduction of a report we did in the Ju- duced for fiscal year 1996, forced cuts in larkey. The facts do not sustain the as- diciary Committee, entitled ‘‘Losing our contributions to organizations sertions. Ground Against Drugs,’’ be printed in such as the United Nations Develop- I yield the floor. the RECORD. ment Program, the World Food Pro- The PRESIDING OFFICER. Who There being no objection, the mate- gram, the United Nations Environ- seeks recognition? rial was ordered to be printed in the mental Program and many other Mr. COVERDELL. Mr. President, I RECORD, as follows: worthwhile international organiza- yield up to 10 minutes to the distin- LOSING GROUND AGAINST DRUGS (EXCERPT) tions. guished Senator from Utah. INTRODUCTION Development assistance has also been The PRESIDING OFFICER. The Sen- reduced in the past years. This includes Through the 1980s and into the early 1990s, ator from Utah is recognized. the United States experienced dramatic and funds for Africa, for sustainable devel- Mr. HATCH. Mr. President, let’s face unprecedented reductions in casual drug use. opment programs to increase world it, since this administration has taken The number of Americans using illicit food production, to reduce environ- over, there has not been a war on drugs plunged from 24.7 million in 1979 to 11.4 mental devastation. This account also drugs, not a real effort on drugs. They million in 1992. The so-called ‘‘casual’’ use of funds child survival and disease pro- cut the drug czar’s office. They have cocaine fell by 79 percent between 1985 and grams, international debt restructur- 1992, while montly cocaine use fell 55 percent cut interdiction. They have cut facili- between 1988 and 1992 alone—from 2.9 million ing and micro enterprise programs—all ties in the transit zones. They have not very worthwhile programs. The prob- to 1.3 million users. put the moneys where the moneys On the surface, little appears to have lems that these programs seek to solve should go. They are not effectively changed since 1992. For the nation as a are equally deserving of our attention, spending them, and I have accused the whole, drug use remains relatively flat. The and in many instances, eventually President of being AWOL on drugs, or vast majority of Americans still do not use would pose grave problems for the absent without leadership on drugs. illegal drugs. United States if they are ignored. I don’t think many Democrats or Re- Unfortunately, this appearance is dan- Mr. President, it is indeed a difficult gerously misleading. Drug use has in fact ex- publicans disagree with that state- task to balance the competing prior- perienced a dramatic resurgence among our ment. The fact is they have been ities of this legislation, all of them youth, a disturbing trend that could quickly AWOL on drugs, and there is a cavalier very valid in their own right. However, return the United States to the epidemic of attitude down at the White House: ‘‘So drug use that characterized the decade of the I urge my colleagues to resist this what. Don’t all young people use 1970s. temptation to alter the careful balance drugs?’’ Recent surveys, described in detail in this that has been struck by the committee. My gosh, all young people don’t use report, provide overwhelming evidence of a The PRESIDING OFFICER. Who sharp and growing increase in drug use drugs, and there are a lot of people who seeks recognition? among young people: Mr. LEAHY. Parliamentary inquiry, have repented and are now fighting the The number of 12–17 year–olds using mari- Mr. President. How much time is re- battle side by side with us. I commend juana increased from 1.6 million in 1992 to 2.9 maining on this side? them for having done it. I recommend million in 1994. The category of ‘‘recent The PRESIDING OFFICER. The Sen- the people in the White House do the marijuana use’’ increased a staggering 200 ator from Vermont has 6 minutes 10 same thing. percent among 14–15 year-olds over the same period. seconds. The Senator from Georgia has I have been appalled by what has been happening. Our borders are a Since 1992, there has been a 52 percent 5 minutes 40 seconds. jump in the number of high-school seniors Mr. LEAHY. Mr. President, I yield sieve. Now we have these drug lords using drugs on a monthly basis, even as wor- myself 1 minute. coming in and buying up ranches at ex- risome declines are noted in peer disapproval The PRESIDING OFFICER. The Sen- orbitant prices. Ranchers are glad to of drug use. ator from Vermont is recognized. get out of there because they feel in- One in three high school seniors now Mr. LEAHY. Mr. President, I reit- timidated. They feel they are being smokes marijuana. erate, none of us are in favor of drug mocked. They feel that they are being Young people are actually more likely to trafficking. I suspect none of us are in overrun. They feel that they are going be aware of the health dangers of cigarettes than of the dangers of marijuana. favor of the millions, many millions, of to be murdered. So why not sell out at Nor have recent increases been confined to dollars we spend on foreign interdic- exorbitant prices and get through it? marijuana. At least three surveys note in- tion that goes into the pockets of cor- Let’s be honest about it, Federal law creased use of inhalants and other drugs rupt officials either. enforcement has been under severe such as cocaine and LSD. S8836 CONGRESSIONAL RECORD — SENATE July 25, 1996 Drug use by young people is alarming by frey as drug czar. For the first time, money to this international narcotics any standard, but especially so since teen certainly since I have been here, I have fund, it is cutting international organi- drug use is at the root of hard-core drug use seen somebody who really can be a zations and programs. That is simply by adults. According to surveys by the Cen- not so. The money we took from inter- ter on Addiction and Substance Abuse, 12–17 drug czar. year-olds who use marijuana are ‘‘85 times Maybe people have different atti- national organizations and programs is more likely to graduate to cocaine than tudes. I know the Speaker of the from the surplus that was over the those who abstain from marijuana.’’ Fully 60 House, who is about my age, implies President’s request. So all I have done percent of adolescents who use marijuana be- that all people during the time he was is taken that additional money over fore age 15 will later use cocaine. Conversely, growing up in his age category used and above the President’s request and those who reach age 21 without ever having drugs, himself included. Mr. President, moved it over to fulfill the President’s used drugs almost never try them later in I never did. I believe perhaps because request, which seems eminently logical life. Described any other way, perhaps 820,000 of at that age I was out prosecuting peo- to me given the condition of the drug the new crop of youthful marijuana smokers ple using drugs. I have never had any epidemic in the United States, given will eventually try cocaine. Of these 820,000 desire to. I have never used them. the fact that this is a Presidential re- who try cocaine, some 58,000 may end up as Let’s stop these ad hominem things. quest, and given the fact that we are regular users and addicts. If Senators want to say whether they simply removing money from a surplus The implications for public policy are prefer using them or not, fine, but this that the President did not request. clear. If such increases are allowed to con- administration has fought, as other ad- I have to say, given the condition of tinue for just two more years, America will children in our country, I think the be at risk of returning to the epidemic drug ministrations have fought, Republican use of the 1970s. Should that happen, our and Democrat, to stop drug usage. President is right on this one. I am per- ability to control health care costs, reform But let us also acknowledge some- plexed that the other side of the aisle welfare, improve the academic performance thing, and this is the fact that every- would be trying to thwart the Presi- of our school-age children, and defuse the body, Republican and Democrat, has to dent’s own objectives here. projected ‘‘crime bomb’’ of youthful super- stand up and admit: simply throwing Mr. President, I do yield back what- predator criminals, will all be seriously com- the money at the drug problem does ever time is remaining. promised. The PRESIDING OFFICER. The Sen- With these thoughts in mind, I am pleased not make it go away. Whether it is the Speaker of the House saying everybody ator yields back his remaining time. to present ‘‘Losing Ground Against Drugs: A The Senator from Vermont is recog- Report on Increasing Illicit Drug Use and of that age used drugs or not, that does National Drug Policy’’ prepared at my direc- not make it go away. It is going to nized for 2 minutes. Mr. LEAHY. Mr. President, I will tion by the majority staff of the United take a lot more than simply throwing take the same amount of time as the States Senate Committee on the Judiciary. money at this drug problem to make it This report examines trends in drug use and Senator from Georgia just did. the Clinton Administration’s sometimes un- go away. There is no surplus. UNICEF has al- even response to them, including the Admin- I yield 30 seconds to the Senator from ready been cut $10 million and will be istration’s controversial policy of targeting Delaware. cut more under this. The Korean Eco- chronic, hardcore drug users. The report also Mr. BIDEN. Mr. President, I know nomic Development Organization, reviews the state of trends in use and avail- this is asking a lot, but let’s just exam- KEDO, is not funded. We are going to ability. And, finally, it evaluates the per- ine the logic of what is being said here. formance over the past three years of our na- try to have the authorization for it, My friend from Utah stands up and but it will not be funded. Our own Sec- tion’s criminal justice and interdiction sys- says, ‘‘Restore what we need to restore. tems. retary of Defense tells us, if it is not, The report finds federal law enforcement Make the President do what he should we face very, very serious problems in under severe strain just as the technical so- do.’’ North Korea. phistication of drug trafficking syndicates is What are we doing? The Senator from The fact of the matter is, there is no reaching new heights. It finds that the Ad- Georgia is restoring the request of the surplus. This money has to come from ministration’s supply reduction policy is in President. What are these guys talking somewhere. It will come from further utter disarray, with a 53 percent drop in our about? The President is the one who cuts in UNICEF. It will come from the ability to interdict and push back drug ship- asked for the money the Senator from ments in the transit zone. The report also inability to fund KEDO. It will come finds increases in the purity of drugs and the Georgia says he should get. Now my from a number of those other areas. number of drug-related emergency room ad- friend from Utah says, ‘‘Now what we Mr. President, I understand that in missions of hard-core users. must do is restore this war on drugs.’’ an election year nobody wants to some- Federal drug policy is at a crossroads. Inef- The PRESIDING OFFICER. The Sen- how seem to be weak on drugs. I under- fectual leadership and failed federal policies ator’s time has expired. stand that even if we, no matter how have combined with ambiguous cultural Mr. BIDEN. So has the logic in this much we demonstrate so much of this messages to generate changing attitudes place. among our young people and sharp increases money has, in all administrations, in youthful drug use. Mr. LEAHY. Mr. President, I say to gone into the pockets of corrupt indi- The American people recognize these prob- the Senator, I will be happy to yield viduals, no matter how much we want lems and are increasingly concerned: A Gal- the time back and go to a vote, so some to say we have other security interests, lup poll released December 12, 1995 shows people can go home and go to bed. too, like avoiding nuclear capabilities that 94 percent of Americans view illegal Mr. COVERDELL. I will use some of in North Korea, that somehow having drug use as either a ‘‘crisis’’ or a ‘‘very seri- my time. Mr. President, how much already raised substantially the ous problem.’’ Their concern, which I share, time remains? amount of money in this budget for underscores the danger of compromising our The PRESIDING OFFICER. The Sen- struggle against the drug trade. I look for- narcotics way above anything else, we ward to addressing the issues raised in this ator from Georgia has 3 minutes; the may even raise it more. Let us just go report in future hearings of the United Senator from Vermont has 2 minutes. vote. I yield back my time. States Senate Committee on the Judiciary. Mr. COVERDELL. Mr. President, Mr. MCCONNELL addressed the Several Senators addressed the there is an incongruity here between Chair. Chair. myself and the Senator from Vermont. The PRESIDING OFFICER. The Sen- Mr. BIDEN. Will the Senator yield I just heard the Senator from Vermont ator from Kentucky is recognized. me 30 seconds? say, ‘‘You don’t throw money at the Mr. MCCONNELL. Mr. President, I Mr. LEAHY. I yield myself first 1 drug program,’’ and then the Senator ask unanimous consent that there be 10 minute. from Delaware. So, you are suggesting minutes equally divided on the Brown Mr. President, I heard his ad the President is throwing money away? amendment prior to the vote. hominem attack on the Clinton admin- This is the President’s request, and AMENDMENT NO. 5058, AS FURTHER MODIFIED istration. I have always found the best to the Senator from Delaware, when it Mr. MCCONNELL. Mr. President, I prosecutions are those that don’t be- is fulfilled, it is still only up to half ask unanimous consent that Senator come prosecutions but rise above par- what it was in 1992. It is moving in the BROWN be allowed to modify his amend- tisanship. right direction. It is not a dollar more. ment to reflect the compromise I point out that the Clinton adminis- Now the Senator from Vermont has reached by the Senators from Georgia tration has appointed General McCaf- also suggested that, by moving this and Delaware. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8837 The PRESIDING OFFICER. Without the Polish-Ukrainian Peacekeeping Force, alter its security posture at any time as cir- objection, it is so ordered. can make an important contribution to Eu- cumstances warrant. Mr. MCCONNELL. I send the modi- ropean peace and security and international SEC. ll03. UNITED STATES POLICY. fication to the desk. peacekeeping efforts, can assist those coun- It is the policy of the United States— The amendment, as further modified, tries preparing to assume the responsibilities (1) to join with the NATO allies of the of possible NATO membership, and accord- United States to adapt the role of the NATO is as follows: ingly should receive appropriate support On page 198, between lines 17 and 18, insert Alliance in the post-Cold War world; from the United States. (2) to actively assist the emerging democ- the following: (11) NATO remains the only multilateral ll racies in Central and Eastern Europe in their TITLE —NATO ENLARGEMENT security organization capable of conducting transition so that such countries may even- FACILITATION ACT OF 1996 effective military operations and preserving tually qualify for NATO membership; and SEC. ll01. SHORT TITLE. security and stability of the Euro-Atlantic (3) to work to define a constructive and co- This title may be cited as the ‘‘NATO En- region. operative political and security relationship largement Facilitation Act of 1996’’. (12) NATO is an important diplomatic between an enlarged NATO and the Russian SEC. ll02. FINDINGS. forum and has played a positive role in de- Federation. fusing tensions between members of the Alli- The Congress makes the following findings: SEC. ll04. SENSE OF THE CONGRESS REGARD- (1) Since 1949, the North Atlantic Treaty ance and, as a result, no military action has ING FURTHER ENLARGEMENT OF Organization (NATO) has played an essential occurred between two Alliance member NATO. role in guaranteeing the security, freedom, states since the inception of NATO in 1949. It is the sense of the Congress that in order and prosperity of the United States and its (13) The admission to NATO of emerging to promote economic stability and security partners in the Alliance. democracies in Central and Eastern Europe in Slovakia, Estonia, Latvia, Lithuania, Ro- (2) The NATO Alliance is, and has been which are found to be in a position to further mania, Bulgaria, Albania, Moldova, and since its inception, purely defensive in char- the principles of the North Atlantic Treaty Ukraine— acter, and it poses no threat to any nation. would contribute to international peace and (1) the United States should continue and The enlargement of the NATO Alliance to in- enhance the security of the region. Countries expand its support for the full and active clude as full and equal members emerging which have become democracies and estab- participation of these countries in activities democracies in Central and Eastern Europe lished market economies, which practice appropriate for qualifying for NATO mem- will serve to reinforce stability and security good neighborly relations, and which have bership; in Europe by fostering their integration into established effective democratic civilian (2) the United States Government should the structures which have created and sus- control over their defense establishments use all diplomatic means available to press tained peace in Europe since 1945. Their ad- and attained a degree of interoperability the European Union to admit as soon as pos- mission into NATO will not threaten any na- with NATO, should be evaluated for their po- sible any country which qualifies for mem- tion. America’s security, freedom, and pros- tential to further the principles of the North bership; perity remain linked to the security of the Atlantic Treaty. (3) the United States Government and the countries of Europe. (14) A number of Central and Eastern Euro- North Atlantic Treaty Organization should (3) The sustained commitment of the mem- pean countries have expressed interest in continue and expand their support for mili- ber countries of NATO to a mutual defense NATO membership, and have taken concrete tary exercises and peacekeeping initiatives has made possible the democratic trans- steps to demonstrate this commitment, in- between and among these nations, nations of formation of Central and Eastern Europe. cluding their participation in Partnership the North Atlantic Treaty Organization, and Members of the Alliance can and should play for Peace activities. Russia; and a critical role in addressing the security (15) The Caucasus region remains impor- (4) the process of enlarging NATO to in- challenges of the post-Cold War era and in tant geographically and politically to the fu- clude emerging democracies in Central and creating the stable environment needed for ture security of Central Europe. As NATO Eastern Europe should not be limited to con- those emerging democracies in Central and proceeds with the process of enlargement, sideration of admitting Poland, Hungary, the Eastern Europe to successfully complete po- the United States and NATO should continue Czech Republic, and Slovenia as full mem- litical and economic transformation. to examine means to strengthen the sov- bers to the NATO Alliance. ereignty and enhance the security of U.N. (4) The United States continues to regard SEC. ll05. SENSE OF THE CONGRESS REGARD- the political independence and territorial in- recognized countries in that region. ING ESTONIA, LATVIA, AND LITHUA- tegrity of all emerging democracies in (16) In recognition that not all countries NIA. Central and Eastern Europe as vital to Euro- which have requested membership in NATO In view of the forcible incorporation of Es- pean peace and security. will necessarily qualify at the same pace, the tonia, Latvia, Lithuania into the Soviet (5) The active involvement by the coun- accession date for each new member will Union in 1940 under the Molotov-Ribbentrop tries of Central and Eastern Europe has vary. Pact and the refusal of the United States and made the Partnership for Peace program an (17) The provision of additional NATO other countries to recognize that incorpora- important forum to foster cooperation be- transition assistance should include those tion for over 50 years, it is the sense of the tween NATO and those countries seeking emerging democracies most ready for closer Congress that— NATO membership. ties with NATO and should be designed to as- (1) Estonia, Latvia, and Lithuania have (6) NATO has enlarged its membership on 3 sist other countries meeting specified cri- valid historical security concerns that must different occasions since 1949. teria of eligibility to move forward toward be taken into account by the United States; (7) Congress supports the admission of eventual NATO membership. and qualified new members to NATO and the Eu- (18) The Congress of the United States (2) Estonia, Latvia, and Lithuania should ropean Union at an early date and has finds in particular that Poland, Hungary, the not be disadvantaged in seeking to join sought to facilitate the admission of quali- Czech Republic, and Slovenia have made sig- NATO by virtue of their forcible incorpora- fied new members into NATO. nificant progress toward achieving the stat- tion into the Soviet Union. ed criteria and should be eligible for the ad- (8) As new members of NATO assume the SEC. ll06. DESIGNATION OF COUNTRIES ELIGI- responsibilities of Alliance membership, the ditional assistance described in this bill. BLE FOR NATO ENLARGEMENT AS- costs of maintaining stability in Europe (19) The evaluation of future membership SISTANCE. should be shared more widely. Facilitation in NATO for emerging democracies in (a) IN GENERAL.—The following countries of the enlargement process will require cur- Central and Eastern Europe should be based are designated as eligible to receive assist- rent members of NATO, and the United on the progress of those nations in meeting ance under the program established under States in particular, to demonstrate the po- criteria for NATO membership, which re- section 203(a) of the NATO Participation Act litical will needed to build on successful on- quire enhancement of NATO’s security and of 1994 and shall be deemed to have been so going programs such as the Warsaw Initia- the approval of all NATO members. designated pursuant to section 203(d) of such tive and the Partnership for Peace by mak- (20) The process of NATO enlargement en- Act: Poland, Hungary, the Czech Republic, ing available the resources necessary to sup- tails the agreement of the governments of all and Slovenia. plement efforts prospective new members are NATO members in accordance with Article (b) DESIGNATION OF OTHER COUNTRIES.—The themselves undertaking. 10 of the Washington Treaty. President shall designate other emerging de- (9) New members will be full members of Some NATO members, such as Spain and mocracies in Central and Eastern Europe as the Alliance, enjoying all rights and assum- Norway, do not allow the deployment of nu- eligible to receive assistance under the pro- ing all the obligations under the Washington clear weapons on their territory although gram established under section 203(a) of such Treaty. they are accorded the full collective security Act if such countries— (10) Cooperative regional peacekeeping ini- guarantees provided by article V of the (1) have expressed a clear desire to join tiatives involving emerging democracies in Washington Treaty. There is no prior re- NATO; Central and Eastern Europe that have ex- quirement for the stationing of nuclear (2) have begun an individualized dialogue pressed interest in joining NATO, such as the weapons on the territory of new NATO mem- with NATO in preparation for accession; Baltic Peacekeeping Battalion, the Polish- bers, particularly in the current security cli- (3) are strategically significant to an effec- Lithuanian Joint Peacekeeping Force, and mate, however NATO retains the right to tive NATO defense; and S8838 CONGRESSIONAL RECORD — SENATE July 25, 1996 (4) meet the other criteria outlined in sec- President to provide excess defense articles The yeas and nays were ordered. tion 203(d) of the NATO Participation Act of and other appropriate assistance to coopera- Mr. BROWN addressed the Chair. 1994 (title II of Public Law 103–447; 22 U.S.C. tive regional peacekeeping initiatives in- The PRESIDING OFFICER (Mrs. volving emerging democracies in Central and 1928 note). HUTCHISON). The Chair recognizes the (c) RULE OF CONSTRUCTION.—Subsection (a) Eastern Europe that have expressed an inter- does not preclude the designation by the est in joining NATO in order to enhance Senator from Colorado. President of Estonia, Latvia, Lithuania, Ro- their ability to contribute to European peace Mr. BROWN. Let me thank the Sen- mania, Slovakia, Bulgaria, Albania, and security and international peacekeeping ator from Kentucky for his kindness. Moldova, Ukraine, or any other emerging de- efforts. We have worked out the concerns of mocracy in Central and Eastern Europe pur- SEC. ll10. MODERNIZATION OF DEFENSE CAPA- the distinguished Senator from Dela- suant to section 203(d) of the NATO Partici- BILITY. ware and the Senator from Georgia as pation Act of 1994 as eligible to receive as- The Congress endorses efforts by the Unit- well as worked out the issue raised by ed States to modernize the defense capabil- sistance under the program established the Senator from Illinois. This measure under section 203(a) of such Act. ity of Poland, Hungary, the Czech Republic, is an important and historic measure SEC. ll07. AUTHORIZATION OF APPROPRIA- Slovenia, and any other countries designated TIONS FOR NATO ENLARGEMENT AS- by the President pursuant to section 203(d) of because it fulfills our commitment for SISTANCE. the NATO Participation Act of 1994, by ex- a community of freedom, a commit- (a) IN GENERAL.—There are authorized to ploring with such countries options for the ment for embracing freedom in central be appropriated $60,000,000 for fiscal year 1997 sale or lease to such countries of weapons Europe. This is one more step forward for the program established under section systems compatible with those used by NATO members, including air defense sys- towards ensuring the security of north- 203(a) of the NATO Participation Act of 1994. ern Europe and a continuation, I think, (b) AVAILABILITY.—Of the funds authorized tems, advanced fighter aircraft, and tele- to be appropriated by subsection (a)— communications infrastructure. of our effort to ensure that the bless- (1) not less than $20,000,000 shall be avail- SEC. ll11. TERMINATION OF ELIGIBILITY. ings of democracy and freedom are not able for the subsidy cost, as defined in sec- Section 203(f) of the NATO Participation lost in central Europe. Madam Presi- tion 502(5) of the Credit Reform Act of 1990, Act of 1994 (title II of Public Law 103–447; 22 dent, I think the concerns of other of direct loans pursuant to the authority of U.S.C. 1928 note) is amended to read as fol- Members have been worked out. lows: section 203(c)(4) of the NATO Participation I might mention I think Senator MI- Act of 1994 (relating to the ‘‘Foreign Military ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The KULSKI does have a concern she wants Financing Program’’); eligibility of a country designated under sub- (2) not less than $30,000,000 shall be avail- section (d) for the program established in to articulate. I yield the floor. able for assistance on a grant basis pursuant subsection (a) shall terminate 30 days after Mr. BIDEN addressed the Chair. to the authority of section 203(c)(4) of the the President makes a certification under The PRESIDING OFFICER. The Sen- NATO Participation Act of 1994 (relating to paragraph (2) unless, within the 30-day pe- ator from Delaware. riod, the Congress enacts a joint resolution the ‘‘Foreign Military Financing Program’’); Mr. BIDEN. Madam President, I rise disapproving the termination of eligibility. and ‘‘(2) Whenever the President determines today to support the modifications to (3) not more than $10,000,000 shall be avail- that the government of a country designated the amendment by the Senator from able for assistance pursuant to the authority under subsection (d)— Colorado, the NATO Enlargement Fa- of section 203(c)(3) of the NATO Participa- ‘‘(A) no longer meets the criteria set forth cilitation Act of 1996. Mr. President, tion Act of 1994 (relating to international in subsection (d)(2)(A); my principal modification is straight- military education and training). ‘‘(B) is hostile to the NATO Alliance; or (c) RULE OF CONSTRUCTION.—Amounts au- forward: it adds the Republic of Slove- ‘‘(C) poses a national security threat to the thorized to be appropriated under this sec- nia to the current list of three coun- United States, tion are authorized to be appropriated in ad- then the President shall so certify to the ap- tries that Congress finds as having dition to such amounts as otherwise may be propriate congressional committees. made significant progress toward available for such purposes. ‘‘(3) Nothing in this title affects the eligi- achieving the stated NATO member- SEC. ll08. REGIONAL AIRSPACE INITIATIVE bility of countries to participate under other ship criteria and are therefore eligible AND PARTNERSHIP FOR PEACE IN- provisions of law in programs described in FORMATION MANAGEMENT SYSTEM. for additional assistance described in this Act.’’. the bill. (a) IN GENERAL.—Funds described in sub- ll SEC. 12. AMENDMENTS TO THE NATO PAR- Mr. President, Slovenia should join section (b) are authorized to be made avail- TICIPATION ACT. able to support the implementation of the (a) CONFORMING AMENDMENT.—The NATO Poland, the Czech Republic, and Hun- Regional Airspace Initiative and the Part- Participation Act of 1994 (title II of Public gary on this list for the following rea- nership for Peace Information Management Law 103–447; 22 U.S.C. 1928 note) is amended sons: System, including— in sections 203(a), 203(d)(1), and 203(d)(2) by First, Slovenia’s progress in meeting (1) the procurement of items in support of striking ‘‘countries emerging from com- the NATO membership criteria has these programs; and munist domination’’ each place it appears (2) the transfer of such items to countries been second to none, and probably the and inserting ‘‘emerging democracies in very best in Central Europe. participating in these programs, which may Central and Eastern Europe’’. include Poland, Hungary, the Czech Repub- (b) DEFINITIONS.—The NATO Participation Second, Slovenia would provide the lic, Slovenia, Slovakia, Estonia, Latvia, Act of 1994 (title II of Public Law 103–446; 22 essential land-bridge linking current Lithuania, Romania, Bulgaria, Moldova, U.S.C. 1928 note) is amended by adding at the NATO member Italy and likely future Ukraine, and Albania. end the following new section: NATO member Hungary. (b) FUNDS DESCRIBED.—Funds described in ‘‘SEC. 206. DEFINITIONS. Third, Slovenia is the only country this subsection are funds that are available— ‘‘The term ‘emerging democracies in in the area that has recently proven its (1) during any fiscal year under the NATO Central and Eastern Europe’ includes, but is military tenacity and, hence, its abil- Participation Act of 1994 with respect to not limited to, Albania, Bulgaria, the Czech countries eligible for assistance under that Republic, Estonia, Hungary, Latvia, Lithua- ity to contribute to the security of Act; or nia, Moldova, Poland, Romania, Slovakia, NATO, having successfully defeated the (2) during fiscal year 1997 under any Act to Slovenia, and Ukraine.’’. invasion attempt of the Yugoslav Na- carry out the Warsaw Initiative. SEC. ll13. DEFINITIONS. tional Army in 1991. SEC. ll09. EXCESS DEFENSE ARTICLES. As used in this title: Mr. President, in offering this (a) PRIORITY DELIVERY.—Notwithstanding (1) EMERGING DEMOCRACIES IN CENTRAL AND amendment I want to underscore that I any other provision of law, the provision and EASTERN EUROPE.—The term ‘‘emerging de- have not yet made up my mind about delivery of excess defense articles under the mocracies in Central and Eastern Europe’’ how I will vote on the NATO candidacy authority of section 203(c) (1) and (2) of the includes, but is not limited to, Albania, Bul- of any individual country. The answers NATO Participation Act of 1994 and section garia, the Czech Republic, Estonia, Hungary, 516 of the Foreign Assistance Act of 1961 Latvia, Lithuania, Moldova, Poland, Roma- to the questions posed by the senior shall be given priority to the maximum ex- nia, Slovakia, Slovenia, and Ukraine. Senator from Georgia in this amend- tent feasible over the provision and delivery (2) NATO.—The term ‘‘NATO’’ means the ment to the Defense authorization bill of such excess defense articles to all other North Atlantic Treaty Organization. for fiscal year 1997 will help form my countries except those countries referred to Mr. MCCONNELL. Mr. President, I opinion on NATO enlargement in gen- in section 541 of the Foreign Operations, Ex- ask for the yeas and nays on the eral. How well applicant countries ful- port Financing, and Related Programs Ap- fill Alliance membership criteria will, propriations Act, 1995 (Public Law 103–306; amendment. 108 Stat. 1640). The PRESIDING OFFICER. Is there a of course, be a determining factor in (b) COOPERATIVE REGIONAL PEACEKEEPING sufficient second? There is a sufficient my ultimate vote on individual can- INITIATIVES.—The Congress encourages the second. didacies. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8839 I do believe, however, that the So, Mr. President, by any standard some money behind that policy in of- amendment to the Foreign Operations Slovenia deserves to be included with fering to those nations that are most appropriations bill currently offered by Poland, the Czech Republic, and Hun- ready to enter NATO some wherewithal the Senator from Colorado is a prudent gary in the list of countries that are el- to help make that happen. To my way one, in that it seeks in a modest way to igible for targeted United States tran- of thinking, what we are doing here to- assist a small group of countries who sition assistance. night is, in some measure, ratifying have made the greatest progress to- I would close with two brief observa- and hoping to make permanent the vic- ward meeting the NATO membership tions. First, including Slovenia in this tory that freedom won in the cold war. criteria. My amendment simply recog- group would not only constitute rec- For all that time in the cold war, we nizes the fact that Slovenia indis- ognition of its remarkable political, spoke often of those people who were putably belongs in that small group. economic, and military record over the suffering in the ‘‘captive nations.’’ The Mr. President, Slovenia is a small past 5 years; it would also serve to de- people of those nations, including, may country of 2 million citizens in the far stroy the unfortunate stereotype I say, the people of Russia, fought and northwestern corner of the former emerging from the dreadful Balkan dreamed and worked and finally Yugoslavia. Without fanfare and with- warfare that all South Slavs are incor- achieved their freedom. Now these out the publicity that has accompanied rigibly violent people who cannot co- countries of central and Eastern Eu- change elsewhere behind the former operate to improve their situation. rope who want to get into NATO are Iron Curtain, Slovenia has rapidly cre- Finally, adding Slovenia to the bill’s really saying to us they want to cast ated a solid democracy and a pros- preferred list would lend more credibil- their lot for the future, not just with perous market economy. Its Western ity to Congress’s response to the NATO the West but with what the West European-style coalition government enlargement process. It would dem- means, which is freedom, the values of is a model of stability. Economically, onstrate that we are clearly focused on democracy. Slovenia now can boast of a per capita strengthening NATO and not, as some They are also accepting an obligation GNP approaching ten-thousand U.S. assert, only responding to interest- therein, which is the great task that dollars, by far the highest of any coun- group politics. There are, to be sure, NATO has achieved. NATO has not just try wishing to join NATO. Slovene-Americans who undoubtedly been a defensive alliance; it has been Moreover, Slovenia has put its nose an institution in which the countries of to the grindstone, strenuously at- have a special desire for Slovenia to tempting to fulfill the membership cri- join NATO, but they have not been es- Europe could work to reconcile their teria that the Alliance has announced. pecially active on Capitol Hill. There own conflicts, work to avoid the old What has been the result? are undoubtedly Delawareans of balance-of-power relationships that too Mr. President, no less an authority Slovene descent, but to the best of my often led to war. than U.S. Secretary of Defense William knowledge I have never been ap- As we reach out and embrace these Perry flatly stated last year that of all proached by any of them in regard to new countries that have attained their the countries of Central and Eastern this issue. freedom and want to enter NATO, I do Europe ‘‘Slovenia has made perhaps Mr. President, because of its out- not think we are doing anything here the greatest progress in the transition standing criteria-based accomplish- that should or would threaten Russia. to democracy, the transition to a mar- ments, its geostrategically important What we are doing is creating stability ket economy, and the smooth turnover location, and its proven military among the nations of Europe, Western, of the military to civilian control.’’ record, Slovenia deserves to join Po- Central, and Eastern, and guaranteeing That, I would submit, is no small land, the Czech Republic, and Hungary as best we can for those millions of praise. as eligible for additional transition as- people who live within those countries Slovenia’s geographical location also sistance for NATO membership. I urge the basic human and economic rights argues strongly for its inclusion in the my colleagues to vote for the Brown with which we in our own formative likely first group of new NATO mem- Amendment as modified. documents have said each person is en- bers. Wedged between the northern I thank the chair and yield the floor. dowed with by our Creator. Adriatic Sea and the Alps, it connects Mr. LIEBERMAN addressed the So it is a great step forward, and I Italy, a charter member of NATO, with Chair. thank all our colleagues who have Hungary, which appears in the bill’s The PRESIDING OFFICER (Mr. helped to make it happen. I thank the list of preferred applicants and, solely BROWN). The Senator from Connecti- Chair particularly, and I yield the on the basis of its accomplishment, cut. floor. would likely be in the first group ad- Mr. LIEBERMAN. I thank the Chair. Mr. SIMON addressed the Chair. mitted to the Alliance. Without Slove- Mr. President, I rise very briefly to The PRESIDING OFFICER. The Sen- nia in the Alliance, however, Hungary thank the Senator from Colorado, the ator from Illinois. would not be contiguous with NATO distinguished occupant of the chair, for Mr. SIMON. Mr. President, I com- territory, a situation which could harm the extraordinary leadership he has mend my colleague from Colorado for its chances for admission in the first shown in conceiving this proposal and his leadership on this. The reality is group. shepherding it now to the point where this is a step forward for stability in It must be added that this spring it can be adopted by the Senate. It has central Europe. Two other provisions Italy and Slovenia settled a long-stand- been my honor to work with him on in here I think are significant. That is, ing dispute over property rights, there- this as a cosponsor. we open the door to the possibility at by clearing the way for Slovenia to History is a term that is used prob- some future time for Armenia and sign an Association Agreement with ably too often around the Capitol, but some of the other Newly Independent the European Union and further ce- to my way of thinking, this is a his- States there. The second thing; in Rus- menting its ties to Western Europe. toric enactment that we are about to sia and in Belarus and in a few of the Finally, Mr. President, little Slove- make because, in enacting this amend- countries, there is a fear of nuclear nia—alone among NATO applicants— ment, we are essentially saying more weapons being established at their has proven that it can defend itself and strongly than we ever have that the doorstep. The resolution points out be a net contributor to the security of Congress of the United States is pre- that Spain and Norway, who are cur- the Western Alliance. After declaring pared to welcome into NATO, but more rent members of NATO, do not have its independence from the crumbling broadly into the community of democ- nuclear weapons and still are members Yugoslavia in the spring of 1991, Slove- racies of market economies, those na- of NATO. nia had to face an invasion by the Ser- tions that suffered under the yoke of My hope is that stations of nuclear bian-led Yugoslav National Army or Communist tyranny for so long during weapons which have no military sig- J.N.A. For ten days Slovenia stunned the cold war and are now free and nificance can be avoided. I think it will the world by routing the better armed working their way toward being eligi- diminish fears, in Russia particularly. and numerically superior invaders, ble for membership in NATO. Ms. MIKULSKI addressed the Chair. until they withdrew, tacitly acknowl- This measure, in concrete terms, not The PRESIDING OFFICER. The Sen- edging Slovene independence. only expresses that policy, but puts ator from Maryland. S8840 CONGRESSIONAL RECORD — SENATE July 25, 1996 Ms. MIKULSKI. Mr. President, I am I was offended when Russia invaded bill. Let us show our friends in Central proud to join my colleagues in support- Hungary in 1956. I was offended when and Eastern Europe that we will never ing and cosponsoring this amendment they forced Poland behind the Iron again abandon them to the forces of to enlarge NATO. I support NATO en- Curtain and made them an involuntary dictatorship and tyranny and that we largement because I do believe it will Communist nation. I was offended by will work side by side in partnership to make Europe more stable and secure. what the Russians did around the world create a lasting free and democratic It will mean that the new democracies for over 50 years. So, now, I want to Europe. of central and Eastern Europe will support this amendment to enlarge I urge my colleagues to support the share the burden of European security. NATO, to secure Europe in a better Brown amendment. It could mean that future generations way, and I hope, after we take this vote THE NATO ENLARGEMENT FACILITATION ACT OF of Americans might not be sent to Eu- tonight, that I can go back to my great 1996 rope to fight for Europe. grandmother’s home and put not only Mr. ROTH. Mr. President, I have long Mr. President, a word about Poland. Roosevelt’s picture back up, but HANK supported NATO, and the extension of As an American of Polish heritage, I BROWN and so many other people here. membership in this transatlantic insti- know that the Polish people did not Mr. President, I yield the floor. tution to the new democracies of choose to live behind the Iron Curtain. Mr. HELMS. Mr. President, the Central and Eastern Europe. And today In 1939, when Poland was invaded by amendment offered by the distin- I wish to express my support for the the Nazis, the West was silent and guished Senator from Colorado [Mr. NATO Enlargement Facilitation Act of talked about peace, but it was appease- BROWN] is an important step for the 1996—extremely important legislation ment. After the end of the war, they countries of Central and Eastern Eu- which I also cosponsor. were forced by the Yalta agreement, by rope who seek to ensure their security This bill is designed specifically to Potsdam and the very West itself, to and sovereignty as full members of the support and foster the careful, gradual put them behind the Iron Curtain. NATO Alliance. extension of NATO membership to the During World War II, my great As an original cosponsor of this legis- nations of Central and Eastern Europe. grandmother, who came to this coun- lation when it was introduced in Once passed, this bill will direct tan- try from Poland, had three pictures on June—the last foreign policy initiative gible assistance to the efforts of Po- her mantelpiece when I would go to her authored by Senator Dole before he left land, the Czech Republic, and Hungary home. One of Pope Pius the XII, our the Senate—I am pleased to be a co- to join the Alliance. These nations are spiritual leader, the other of my Uncle sponsor of Senator BROWN’s amend- the best prepared in their region for Joe who was on the police force, and ment. the responsibilities and burdens of President Roosevelt, because she be- This legislation serves to correct the NATO membership. Let me also emphasize that it is the lieved that President Roosevelt was terrible injustice perpetrated at Yalta intent of the authors of this bill to en- good for America and the world. half a century ago, when for reasons of After Yalta and Potsdam, my great political expediency artificial divisions sure that the entry of Poland, Hun- grandmother turned Roosevelt’s pic- were imposed on Europe, subjecting gary, and the Czech Republic into the ture down on the mantel. She would countries with democratic traditions Alliance is part of an inclusive and on- not take him down because she was a similar to those in Western Europe to going process of NATO enlargement. NATO enlargement does not have to, Democrat, but she was pretty mad at decades of communist domination. In and should not be allowed to, create Roosevelt, as were so many other peo- the years since the Iron Curtain was any new divisions in Europe. Hence, lifted from the European continent, ple. our bill explicitly states that the Unit- I cannot forget the history of this re- many countries in Central and Eastern ed States should continue and expand gion. But my support for this amend- Europe have made dramatic progress in upon its support for full and active par- ment is not based on the past. It is resurrecting their democratic histories ticipation of all Central and Eastern based on the future, a future which and instituting reform measures that European countries in activities appro- these newly free and democratic coun- solidify their commitment to the priate for qualifying for NATO mem- tries will take their rightful place as democratic ideals espoused by mem- bership. members of Western Europe. That is bers of the NATO Alliance. This legislation clearly outlines a vi- where they want to be, with Western I firmly believe that enlarging NATO sion of NATO enlargement, an on-going Europe. NATO did play an important to include those countries which are process that will reach out to all the role in securing the freedom of the capable of contributing to the Alliance nations of Central and Eastern Europe world and ending the cold war. This is in the interests of the United States. as they become capable of making a has been an alliance that helped us win Our country knows too well the danger net contribution to the Alliance’s over- the cold war, a deterrent between the of allowing a security vacuum to per- all interests, capabilities, and security. superpowers. It helped prevent con- sist in this region and should work ac- Extending the Alliance’s membership frontations between member states. tively to encourage closer ties between to Poland, the Czech Republic and Hun- I know if NATO is to survive, it must the countries in Central and Eastern gary, will help transform Central and adopt to the needs of the end of the Europe and the West. Since they re- Eastern Europe into a cornerstone of cold war. NATO has evolved since 1949 gained their freedom, many countries enduring peace and stability in post- and this is the next important step in in this region have worked diligently cold war Europe. NATO enlargement is NATO enlargement. How many times to implement the democratic and free in America’s interests for many rea- have we talked burden sharing in Eu- market reform measures which were sons. Principal among these include rope? These countries are ready to do essential to reversing years of ill the following: it. Thousands of troops from Poland, founded communist policies. The First, it is absolutely necessary to Hungary, the Czech Republic, the Bal- Brown amendment establishes a pro- consolidate and secure an enduring and tics, Ukraine, and others are there to gram that will assist these countries as stable peace in Europe. This is a con- help secure peace. They are not asking they prepare for the rights and respon- tinent where America has vital inter- for a handout. They are asking for a sibilities of full NATO membership. ests and it is a continent that, histori- chance to be part of NATO. This The Brown amendment recognizes cally speaking, has been besieged by amendment puts Poland, Hungary, and that Poland, the Czech Republic, and violent and brutal wars. NATO enlarge- the Czech Republic into NATO where it Hungary and Slovenia have made the ment will project security into a region runs them up where they belong. most progress in implementing impor- that has long suffered as a security Some people believe we will offend tant reform measures such as estab- vacuum in European affairs. History Russia by expanding NATO. Maybe we lishing a free market economy, insti- has repeatedly shown us that the stra- will. And my response to that is, so tuting civilian control over the mili- tegic vulnerability of Central and East- what? So what if we offend Russia? We tary, and introducing the rule of law. ern Europe has produced catastrophic must delink the future of Poland, Hun- These three countries are designated as consequences—consequences that drew gary and the Czech Republic from what eligible to receive the NATO transition the United States twice this century Russia thinks. assistance already appropriated in this into world war. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8841 The most effective way to address cently appointed by Russian President third reading and final passage of H.R. this security vacuum in Central and Yeltsin as Secretary of Russia’s Na- 3540. Eastern Europe is by integrating these tional Security Council. Lebed also fin- Mr. FORD. Reserving the right to ob- nations into NATO and the other insti- ished third in the first round of the ject, do I understand the floor leader, tutions that constitute the trans- Russian presidential elections. Thus, then, that we will have two more votes atlantic community of nations. his statement reflects positively on this evening, the debate, and then Second, NATO enlargement will help both the attitudes of the Russian pub- stack the votes until 9:30 in the morn- facilitate this integration, both politi- lic and official Russian policy toward ing, and then final passage? cally and economically. NATO enlarge- NATO enlargement. Mr. McCONNELL. That is right. ment is a key step to extending to the Mr. President, I would also like to Mr. FORD. Two votes tonight? entire continent of Europe the zone of note that this NATO enlargement leg- Mr. McCONNELL. That is correct. peace, democracy, and prosperity that islation reflects the attitudes of many The PRESIDING OFFICER. Without now includes North America and West- of our parliamentary counterparts in objection, it is so ordered. ern Europe. Passage of our NATO en- Europe. The North Atlantic Assembly, Mr. McCONNELL. In light of this largement legislation will demonstrate a gathering of legislators from the six- agreement, there will be no further America’s commitment to consolidat- teen nations of NATO, adopted at the rollcall votes this evening after two ing an enlarged Europe. This will give end of 1994, my resolution calling for back-to-back votes to shortly begin, more incentive to all the nations of the the extension of membership in the Al- with the first votes tomorrow to begin region to continue their political and liance to Poland, the Czech Republic, at 9:30 a.m. economic reforms by demonstrating and Hungary. VOTE ON AMENDMENT NO. 5018 that these reforms do result in tangible Mr. President, America’s defense and The PRESIDING OFFICER. The geo-political gains. security must be structured to shape a question is on agreeing to amendment By projecting and reinforcing stabil- strategic landscape that enhances eco- No. 5018 offered by the Senator from ity in Central and Eastern Europe, nomic, political, and military stability Georgia Mr. [COVERDELL]. NATO enlargement will consolidate the all across Europe. Careful and gradual The yeas and nays have been ordered. context necessary for this region’s na- extension of NATO membership to na- The clerk will call the roll. tions to focus on internal political and tions of Central and Eastern Europe is The legislative clerk called the roll. Mr. NICKLES. I announce that the economic reform. Mr. President, secu- a critical step toward this end. This is Senator from Maine [Mr. COHEN] and rity is not an alternative to reform, in our national interest. It is action the Senator from Oregon [Mr. HAT- but it is essential for reform to occur. long overdue, and it is the intent of the FIELD] are necessarily absent. Third, two great powers, Germany NATO Enlargement Facilitation Act of I further announce that, if present and Russia, are now undergoing very 1996. and voting, the Senator from Oregon complex and sensitive transformations. For these reasons, I call upon my col- [Mr. HATFIELD] would vote ‘‘nay.’’ Their futures will be significantly leagues in the Senate, as well as Presi- Mr. FORD. I announce that the Sen- shaped by the future of Central and dent Clinton and his Administration, ator from Nebraska [Mr. EXON] is nec- Eastern Europe. Extending NATO to embrace this legislation. essarily absent. membership to nations of this region The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there will reinforce the positive evolutions of question is on agreeing to the amend- any other Senators in the Chamber de- these two great powers. ment offered by the Senator from Geor- siring to vote? In the case of Germany, NATO en- gia [Mr. COVERDELL]. The result was announced—yeas 51, largement will further lock German in- The yeas and nays have been ordered. nays 46, as follows: terests into a transatlantic security Mr. McCONNELL. I suggest the ab- structure and thereby further consoli- sence of a quorum. [Rollcall Vote No. 244 Leg.] date the extremely positive role Bonn The PRESIDING OFFICER. The YEAS—51 now plays in European affairs. clerk will call the roll. Abraham Faircloth McCain The legislative clerk proceeded to Ashcroft Frahm McConnell The extension of NATO membership Baucus Frist Murkowski to Central and East European nations call the roll. Bennett Gorton Nickles will also be of great benefit to Russia. Mr. McCONNELL. Mr. President, I Biden Graham Pressler By enhancing and reinforcing stability ask unanimous consent that the order Bond Gramm Roth for the quorum call be rescinded. Brown Grams Santorum and peace in Central and Eastern Eu- Burns Grassley Shelby rope, NATO enlargement will make un- The PRESIDING OFFICER. Without Campbell Gregg Simpson realistic the calls by Russia’s extrem- objection, it is so ordered. Chafee Hatch Smith UNANIMOUS-CONSENT AGREEMENT Coats Helms Snowe ists for the revitalization of the former Cochran Hutchison Specter Soviet Union or the Westward expan- Mr. McCONNELL. Mr. President, I Coverdell Inhofe Stevens sion of Russian hegemony. Greater sta- ask unanimous consent that following Craig Kempthorne Thomas bility along Russia frontiers will also the conclusion of these two votes, the D’Amato Kyl Thompson DeWine Lott Thurmond enable Moscow to direct more of its en- only remaining amendments in order Domenici Mack Warner ergy toward the internal challenges of to H.R. 3540 be a managers’ amendment NAYS—46 political and economic reform. and an amendment to be offered by This point is too often forgotten in Senator SIMPSON, relative to refugees, Akaka Harkin Mikulski Bingaman Heflin Moseley-Braun this debate. There has been too strong on which there be 30 minutes to be Boxer Hollings Moynihan a tendency in US policy to overreact to equally divided in the usual form, with Bradley Inouye Murray outdated Russian sensitivities. This no second-degree amendments in order Breaux Jeffords Nunn or amendments to the language pro- Bryan Johnston Pell overreaction comes at the expense of Bumpers Kassebaum Pryor strategic realities and objectives posed to be stricken; and an amend- Byrd Kennedy Reid central to the interests of the Alliance, ment by Senator LIEBERMAN with a Conrad Kerrey Robb as well as to the United States. second-degree amendment in order by Daschle Kerry Rockefeller Dodd Kohl Sarbanes Let me add, Mr. President, that Rus- Senator MURKOWSKI, and possibly one Dorgan Lautenberg Simon sian opposition to NATO enlargement by Senator MCCONNELL; following the Feingold Leahy Wellstone is withering and appears to be in the conclusion of the debate with respect Feinstein Levin Wyden process of being replaced by a more en- to the amendments listed above, the Ford Lieberman Glenn Lugar lightened understanding of the motiva- amendments be laid aside, the votes to tions behind NATO enlargement. I occur at 9:30 a.m. on Friday, with 2 NOT VOTING—3 would like my colleagues to note an minutes for debate prior to each Cohen Exon Hatfield interview in today’s Financial Times stacked vote on or in relation to the The amendment (No. 5018) was agreed with General Alexander Lebed, who de- Simpson amendment, to be followed by to. clared that Russia does not oppose votes with respect to the other amend- Mr. SANTORUM. Mr. President, I NATO enlargement. Lebed was re- ments, to be followed immediately by move to reconsider the vote. S8842 CONGRESSIONAL RECORD — SENATE July 25, 1996 Mr. COVERDELL. I move to lay that The PRESIDING OFFICER. The transferred are to come from the funds motion on the table. clerk will report. the Congress provides for USAID, an The motion to lay on the table was The legislative clerk read as follows: agency well-suited for this task. In- agreed to. The Senator from Kentucky [Mr. MCCON- deed, USAID has spoken eloquently in VOTE ON AMENDMENT NO. 5058 NELL] proposes amendments numbered 5084 support on IFAD and has helped build The PRESIDING OFFICER. The through 5087, en bloc, and amendment No. it into a model of effective assistance. question now occurs on agreeing to 5082, as modified. Unfortunately, however, USAID has amendment No. 5058 offered by the Sen- Mr. McCONNELL. Mr. President, I not spent one nickel on IFAD for fiscal ator from Colorado [Mr. BROWN]. The ask unanimous consent that further year 1996. yeas and nays have been ordered. The reading of the amendments be dis- Congress cannot allow indecisiveness clerk will call the roll. pensed with. to undo the achievements of two dec- The assistant legislative clerk called The PRESIDING OFFICER. Without ades of U.S. participation in IFAD. the roll. objection, it is so ordered. Senators and Representatives—on both Mr. NICKLES. I announce that the The amendments (Nos. 5084 through sides of the aisle—clearly support Senator from Maine [Mr. COHEN] and 5087), en bloc, and Amendment (No. IFAD and have called on USAID to the Senator from Oregon [Mr. HAT- 5082), as modified are as follows: continue funding this respected agen- FIELD] are necessarily absent. AMENDMENT NO. 5084 cy. Our only recourse now is to man- I further announce that, if present On page 107, line 11, strike ‘‘up to date participation in the fourth replen- and voting, the Senator from Oregon $30,000,000’’ and insert in lieu thereof the fol- ishment. [Mr. HATFIELD] would vote ‘‘nay.’’ lowing: ‘‘$17,500,000’’. I urge Senators to support the Mr. FORD. I announce that the Sen- Mr. COCHRAN. Mr. President, I have amendment. ator from Nebraska [Mr. EXON] is nec- proposed this amendment because I AMENDMENT NO. 5085 essarily absent. have concluded this is the only way to The result was announced—yeas 81, SEC. . SHORT TITLE. ensure that the administration re- This title may be cited as the ‘‘Bank for nays 16, as follows: sponds to the will of Congress regard- Economic Cooperation and Development in [Rollcall Vote No. 245 Leg.] ing the International Fund for Agricul- the Middle East and North Africa Act’’. YEAS—81 tural Development [IFAD]. SEC. . ACCEPTANCE OF MEMBERSHIP. Abraham Frahm McCain Last year, the Congress authorized The President is hereby authorized to ac- Akaka Frist McConnell U.S. participation in the fourth replen- cept membership for the United States in the Ashcroft Glenn Mikulski ishment of IFAD resources. Since that Bank for Economic Cooperation and Devel- Baucus Gorton Moseley-Braun opment in the Middle East and North Africa Bennett Graham Moynihan time, Senators and Representatives (in this title referred to as the ‘‘Bank’’) pro- Biden Gramm Murkowski have written to the Administrator of Bond Grams Murray vided for by the agreement establishing the Boxer Grassley Nickles the U.S. Agency for International De- Bank (in this title referred to as the ‘‘Agree- Brown Gregg Pressler velopment encouraging him to exercise ment’’), signed on May 31, 1996. Bryan Hatch Pryor the authority we provided and make a SEC. . GOVERNOR AND ALTERNATE GOVERNOR. Burns Heflin Reid generous contribution to the fourth re- (a) APPOINTMENT.—At the inaugural meet- Byrd Helms Robb ing of the Board of Governors of the Bank, Campbell Hollings Rockefeller plenishment. The Administrator of Coats Inhofe Roth USAID has not complied with these re- the Governor and the alternate for the Gov- Cochran Inouye Santorum quests. ernor of the International Bank for Recon- Conrad Kassebaum Sarbanes While other countries have agreed to struction and Development, appointed pursu- Coverdell Kempthorne Shelby ant to section 3 of the Bretton Woods Agree- Craig Kennedy Simon the fourth replenishment, the United ments Act, shall serve ex-officio as a Gov- D’Amato Kerry Simpson States has delayed, and this delay is ernor and the alternate for the Governor, re- Daschle Kohl Smith threatening IFAD’s managerial re- spectively, of the Bank. The President, by DeWine Kyl Snowe Dodd Lautenberg Specter forms and undermining U.S. leadership and with the advice and consent of the Sen- Domenici Levin Stevens in the organization. ate, shall appoint a Governor of the Bank Faircloth Lieberman Thompson It is my objective to secure effective and an alternate for the Governor. Feingold Lott Thurmond U.S. participation in the fourth replen- (b) COMPENSATION.—Any person who serves Feinstein Lugar Warner as a Governor of the Bank or as an alternate Ford Mack Wellstone ishment. The United States has been the lead sponsor of IFAD, a tightly for the Governor may not receive any salary NAYS—16 or other compensation from the United managed organization that focuses on States by reason of such service. Bingaman Harkin Nunn rural poverty in developing nations by Bradley Hutchison Pell SEC. . APPLICABILITY OF CERTAIN PROVISIONS Breaux Jeffords Thomas making loans directly to poor farmers. OF THE BRETTON WOODS AGREE- Bumpers Johnston Wyden These small retail loans help combat MENTS ACT. Chafee Kerrey poverty, especially among women and Section 4 of the Bretton Woods Agree- Dorgan Leahy children, create internal stability, and ments Act shall apply to the Bank in the NOT VOTING—3 help build markets for U.S. exports. same manner in which such section applies to the International Bank for Reconstruc- Cohen Exon Hatfield Despite wide support and the earlier tion and Development and the International The amendment (No. 5058), as further stated intention of the administration Monetary Fund. modified, was agreed to. to participate in the fourth replenish- SEC. . FEDERAL RESERVE BANKS AS DEPOSI- Mr. McCONNELL. Mr. President, I ment, it has not yet announced its TORIES. move to reconsider the vote. pledge. As the Nation that led in the Any Federal Reserve Bank which is re- Mr. MURKOWSKI. I move to lay that creation and funding of IFAD, part of quested to do so by the Bank may act as its motion on the table. the U.S. responsibility is to announce depository, or as its fiscal agent, and the The motion to lay on the table was our level of financial support which, in Board of Governors of the Federal Reserve agreed to. turn, helps determine the pledge System shall exercise general supervision over the carrying out of these functions. AMENDMENTS NOS. 5084 THROUGH 5087, EN BLOC, amounts of other developed nations. In SEC. . SUBSCRIPTION OF STOCK. AND AMENDMENT NO. 5082, AS MODIFIED this way, our contribution is leveraged (a) SUBSCRIPTION AUTHORITY.— Mr. McCONNELL. Mr. President, and brings additional resources from (1) IN GENERAL.—The Secretary of the there are five amendments that have other developed countries, funds that Treasury may subscribe on behalf of the been cleared on both sides; an amend- are spent, not on overhead or adminis- United States to not more than 7,011,270 ment by Senator COCHRAN on IFAD, a tration, but on local projects where shares of the capital stock of the Bank. McConnell-Leahy-Lautenberg amend- this money has substantial impact. (2) EFFECTIVENESS OF SUBSCRIPTION COMMIT- ment on MEDEVAC, a Leahy narcotics The funding in my amendment does MENT.—Any commitment to make such sub- amendment, a Pell amendment on the not add to the total cost of the bill. It scription shall be effective only to such ex- tent or in such amounts as are provided for environment, and a modification to is a mandated transfer of bilateral as- in advance by appropriations Acts. amendment No. 5082. I send those to sistance funds, either provided in this (b) LIMITATIONS ON AUTHORIZATION OF AP- the desk and ask unanimous consent bill or unspent from appropriations PROPRIATIONS.—For payment by the Sec- that they be considered en bloc. made in prior years. The amounts to be retary of the Treasury of the subscription of July 25, 1996 CONGRESSIONAL RECORD — SENATE S8843 the United States for shares described in Cooperation and Development in the Middle ty, which obligates parties to the Antarctic subsection (a), there are authorized to be ap- East and North Africa,’’ after ‘‘Inter-Amer- Treaty to require Environmental Impact As- propriated $1,050,007,800 without fiscal year ican Development Bank’’. sessment procedures for proposed activities limitation. (b) EXEMPTION FROM LIMITATIONS AND RE- in Antarctica. (c) LIMITATIONS ON OBLIGATION OF APPRO- STRICTIONS ON POWER OF NATIONAL BANKING (b) SENSE OF THE SENATE.—It is the sense PRIATED AMOUNTS FOR SHARES OF CAPITAL ASSOCIATIONS TO DEAL IN AND UNDERWRITE of the Senate that— STOCK.— INVESTMENT SECURITIES OF THE BANK.—The (1) the United States Government should (1) PAID-IN CAPITAL STOCK.— 7th sentence of paragraph 7 of section 5136 of encourage the governments of other nations (A) IN GENERAL.—Not more than $105,000,000 the Revised Statutes of the United States (12 to engage in analysis of activities that may of the amounts appropriated pursuant to U.S.C. 24) is amended by inserting ‘‘Bank for cause adverse impacts on the environment of subsection (b) may be obligated for subscrip- Economic Cooperation and Development in other nations or a global commons area; and tion to shares of paid-in capital stock. the Middle East and North Africa’’, after (B) FISCAL YEAR 1997.—Not more than ‘‘the Inter-American Development Bank’’. (2) such addition analysis can recommend $52,500,000 of the amounts appropriated pur- (c) BENEFITS FOR UNITED STATES CITIZEN- alternatives that will permit such activities suant to subsection (b) for fiscal year 1997 REPRESENTATIVES TO THE BANK.—Section 51 to be carried out in environmentally sound may be obligated for subscription to shares of Public Law 91–599 (22 U.S.C. 276c–2) is ways to avoid or minimize any adverse envi- of paid-in capital stock. amended by inserting ‘‘the Bank for Eco- ronmental effects, through requirements for (2) CALLABLE CAPITAL STOCK.—Not more nomic Cooperation and Development in the Environmental Impact Assessments where than $787,505,852 of the amounts appropriated Middle East and North Africa,’’ after ‘‘the appropriate. pursuant to subsection (b) may be obligated Inter-American Development Bank,’’. Mr. PELL. Mr. President, I am very for subscription to shares of callable capital Amend the title so as to read as follows: pleased that the Senate adopted my ‘‘A Bill to authorize United States contribu- stock. amendment on environmental impact (d) DISPOSITION OF NET INCOME DISTRIBU- tions to the International Development As- TIONS BY THE BANK.—Any payment made to sociation and to a capital increase of the Af- assessment in a transboundary con- the United States by the Bank as a distribu- rican Development Bank, to authorize the text. I want to thank the bill’s man- tion of net income shall be covered into the participation of the United States in the agers, in particular, for their assist- Treasury as a miscellaneous receipt. Bank for Economic Cooperation and Devel- ance in making Senate action possible. SEC. . JURISDICTION AND VENUE OF CIVIL AC- opment in the Middle East and North Africa, I also want to thank Senator MURKOW- TIONS BY OR AGAINST THE BANK. and for other purposes.’’ SKI for his willingness to work with me (a) JURISDICTION.—The United States dis- on this issue. trict courts shall have original and exclusive AMENDMENT NO. 5086 jurisdiction of any civil action brought in On page 114, line 24 insert the following be- Mr. President, my amendment is sim- the United States by or against the Bank. fore the period at the end thereof: ‘‘: Provided ple. It expresses the sense of the Senate (b) VENUE.—For purposes of section 1391(b) further, That of the funds appropriated under that the U.S. Government should en- of title 28, United States Code, the Bank this heading by prior appropriations Acts, courage other nations to carry out en- shall be deemed to be a resident of the judi- $36,000,000 of unobligated and unearmarked vironmental impact assessments for cial district in which the principal office of funds shall be transferred to and consoli- activities that will have transboundary the Bank in the United States, or its agent dated with funds appropriated by this Act impacts. In other words, if countries appointed for the purpose of accepting serv- under the heading ‘‘International Organiza- are going to carry out activities with ice or notice of service, is located. tions and Programs’’. significant cross-border environmental SEC. . EFFECTIVENESS OF AGREEMENT. The Agreement shall have full force and ef- AMENDMENT NO. 5087 impacts, the country undertaking the fect in the United States, its territories and (Purpose: To express the sense of the Senate activity should, at a bare minimum, be possessions, and the Commonwealth of Puer- that the United States Government should aware of the consequences of its activi- to Rico, upon acceptance of membership by encourage other governments to draft and ties. the United States in the Bank and the entry participate in regional treaties aimed at The amendment is an extension of into force of the Agreement. avoiding any adverse impacts on the phys- my long interest in the protection of SEC. . EXEMPTION FROM SECURITIES LAWS FOR ical environment or environmental inter- the global commons. In 1977, I intro- CERTAIN SECURITIES ISSUED BY ests of other nations or a global commons THE BANK; REPORTS REQUIRED. area, through the preparation of Environ- duced a resolution which called on the (a) EXEMPTION FROM SECURITIES LAWS; RE- mental Impact Assessments, where appro- U.S. Government to seek the agree- PORTS TO SECURITIES AND EXCHANGE COMMIS- priate) ment of other governments to a pro- SION.—Any securities issued by the Bank (in- On page 198, between lines 17 and 18, insert posed global treaty requiring the prep- cluding any guaranty by the Bank, whether the following: aration of an international environ- or not limited in scope) in connection with SEC. . SENSE OF THE SENATE. mental assessment for any major borrowing of funds, or the guarantee of secu- (a) FINDINGS.—Congress finds that— project, action, or continuing activity rities as to both principal and interest, shall (1) Environmental Impact Assessments as which may be reasonably expected to be deemed to be exempted securities within a national instrument are undertaken for the meaning of section 3(a)(2) of the Securi- have a significant adverse effect on the proposed activities that are likely to have a physical environment or environ- ties Act of 1933 and section 3(a)(12) of the Se- significant adverse impact on the environ- curities Exchange Act of 1934. The Bank ment and are subject to a decision of a com- mental interest of another nation or a shall file with the Securities and Exchange petent national authority; global commons area. That resolution Commission such annual and other reports (2) in 1978 the Senate adopted Senate Reso- was adopted by the Senate in 1978. with regard to such securities as the Com- lution 49, calling on the United States Gov- While my 1978 resolution initially mission shall determine to be appropriate in ernment to seek the agreement of other gov- called for a global treaty applying to view of the special character of the Bank and ernments to a proposed global treaty requir- activities worldwide, regional ap- its operations and necessary in the public in- ing the preparation of Environmental Impact terest or for the protection of investors. proaches may also be called for in some Assessments for any major project, action, instances. We have seen such an ap- (b) AUTHORITY OF SECURITIES AND EX- or continuing activity that may be reason- CHANGE COMMISSION TO SUSPEND EXEMPTION; ably expected to have a significant adverse proach used in the Convention on Envi- REPORTS TO THE CONGRESS.—The Securities effect on the physical environment or envi- ronmental Impact Assessment in a and Exchange Commission, acting in con- ronmental interests of another nation or a Transboundary Context. The Conven- sultation with such agency or officer as the global commons area; tion was signed by the United States President shall designate, may suspend the (3) subsequent to the adoption of Senate and members of the United Nations provisions of subsection (a) at any time as to Resolution 49 in 1978, the United Nations En- Economic Commission for Europe. any or all securities issued or guaranteed by vironment Programme Governing Council the Bank during the period of such suspen- adopted Goals and Principles on Environ- Mr. President, this amendment sim- sion. The Commission shall include in its an- mental Impact Assessment calling on gov- ply underscores the point that environ- nual reports to the Congress such informa- ernments to undertake comprehensive Envi- mental impact assessments should be tion as it shall deem advisable with regard to ronmental Impact Assessments in cases in carried out when activities in one the operations and effect of this section. which the extent, nature, or location of a country are likely to affect adversely SEC. . TECHNICAL AMENDMENTS. proposed activity is such that the activity is the environment of another country or (a) ANNUAL REPORT REQUIRED ON PARTICI- likely to significantly affect the environ- the global commons. PATION OF THE UNITED STATES IN THE BANK.— ment; and Section 1701(c)(2) of the International Finan- (4) on October 7, 1992, the Senate gave its What the United States and its allies cial Institutions Act (22 U.S.C. 262r(c)(2)) is advice and consent to the Protocol on Envi- have achieved, both in domestic law amended by inserting ‘‘Bank for Economic ronmental Protection to the Antarctic Trea- and in treaties, must now be duplicated S8844 CONGRESSIONAL RECORD — SENATE July 25, 1996 by other states, so that the use of envi- This provision, Mr. President, has far cants, with the balance to ronmental impact assessment truly be- more serious consequences than its Evangelicals. Not surprisingly, there comes a standard precautionary meas- title indicates. It is the continuation of has been a wave of dubious conversions ure. what was known originally as the Lau- reported in the latter group, Mr. President, this amendment ac- tenberg amendment, a very well-found- Evangelicals especially, among knowledges the efforts that have al- ed amendment in 1989. I commended Pentecostals. There are church mem- ready been made and encourages the my friend then, and I have always en- bers who say they did not know this U.S. Government to continue efforts to joyed working with Senator LAUTEN- person was a Pentecostal, but they promote environmental impact assess- BERG. It is now a provision which has were near enough to the church and ments as a tool in environmental pro- distorted, in these times in 1996, has they learned what to say at the inter- tection. I thank my colleagues for distorted our refugee system and per- view. In fact, a leader of a Pentecostal their support of this amendment. mitted the entry of frauds and crimi- group in Russia told the INS that many AMENDMENT NO. 5082, AS MODIFIED nals into the United States. who claim to be so are not This provision is an abuse in its On page 120, line 21, before the period in- Pentecostals at all. sert the following: ‘‘: Provided further, That present form, an abuse of the refugee According to this church leader, of the amount appropriated under this head- act. most of the applicants simply have ing, $5,000,000 shall be available only for a I hope my colleagues will join me in family members who are Pentecostal, land and resource management institute to sweeping away this cold war provision, and these applicants use their famili- identify nuclear contamination at this relic, in restoring credibility to arity with the religion to pass them- Chernobyl. U.S. refugee admissions. Let me review selves off as category members. The PRESIDING OFFICER. The it with you very briefly. Under the Ref- According to interim cables which I question is on agreeing to the amend- ugee Act of 1980—I know this amend- will have printed in the RECORD from ments, en bloc. ment will probably get trashed by a the Immigration and Naturalization The amendments (Nos. 5084 through vote of 80–20, but it will be in the Service, less than—I hope you hear this 5087), en bloc, and amendment (No. RECORD—we know that we cannot con- in this debate—less than one-half of 1 5082), as modified, were agreed to. tinue to make presumptive status of percent of those who apply under the Mr. McCONNELL. I move to recon- ‘‘refugeeness’’ when we should be doing Lautenberg standards would meet the sider the votes. it on a case-by-case basis. That is what worldwide definition of refugee. Never- Mr. LEVIN. I move to lay those mo- the law provided, the 1980 law. theless, 91 percent of these applicants You have a situation today where if tions on the table. were approved under the reduced guide- you are presumed to be a refugee, you The motions to lay on the table were lines. are taking a precious number from agreed to. In the most recent human rights re- someone who is a real refugee, someone Mr. McCONNELL. Mr. President, ports from the State Department to fleeing persecution based upon race, re- Senator SIMPSON is on the floor and the Committee on Foreign Relations, ligion, or national origin. Under the ready to proceed. the U.S. State Department found in Refugee Act of 1980 and under the U.N. Mr. SIMPSON. I thank the manager, Russia ‘‘the Constitution provides for Convention and Protocol, a ‘‘refugee’’ indeed, for his patience and courtesy. freedom of religion, and the Govern- is someone with a well-founded fear of AMENDMENT NO. 5088 ment respects this right in practice.’’ persecution on account of race, reli- (Purpose: To strike the provision which ex- The report continues that ‘‘although gion, nationality, membership in a par- tends reduced refugee standards for certain Jews and Muslims continue to encoun- groups) ticular social group or political opin- ion. This is the international defini- ter prejudice,’’ and indeed they do, Mr. SIMPSON. Mr. President, I send ‘‘they have not been inhibited by the an amendment to the desk and ask tion, and the U.S. adopted it in 1980 under the able leadership of Senator Government in the free practice of that it be read. their religion.’’ TED KENNEDY. Determination of wheth- The PRESIDING OFFICER. The Does anyone here doubt that there is er an individual is a refugee is to be clerk will report the amendment. no prejudice in the former Soviet made on a case-by-case basis. It is the The assistant legislative clerk read Union? Of course not. There is tremen- as follows: law. Under the so-called Lautenberg dous prejudice in the former Soviet The Senator from Wyoming [Mr. SIMPSON] Union, please hear that. It is also a proposes an amendment numbered 5088. amendment, with the best of intentions and the sincerest of motives, persons in fact that there is prejudice in this Mr. SIMPSON. Mr. President, I ask the former Soviet Union qualify as a country. I do not dispute that fact ei- unanimous consent that further read- refugee just by being a member of a ther, and no one else can, but simple ing of the amendment be dispensed particular group. For Jews and Evan- prejudice does not make a person here with. gelical Christians in the former Soviet or in the former Soviet Union a refu- The PRESIDING OFFICER. Without Union, and others, Ukrainian, Ortho- gee. Refugees are persons fleeing offi- objection, it is so ordered. dox, a refugee applicant need only ‘‘as- cial political persecution. They are not The amendment is as follows: sert’’ the fear of persecution and fleeing discrimination. On page 196, strike lines 14 through 26. ‘‘assert″ a credible basis for concern Now my colleagues should know that Mr. SIMPSON. Mr. President, this about the ‘‘possibility’’ of such perse- the categories under the Lautenberg amendment will strike a very ill-de- cution. amendment, which receive a special fined section of this bill on page 196, Mr. President, 50,000 Americans re- lower adjudication standard, was estab- which would give no one any indication ceive refugee status under this stand- lished in 1989 when there was a clear as to what it is because it leaves us ard each year, and the total number of history of religious persecution by the simply in the section numbers and sub- refugees as set by the United States is Communist Soviet State apparatus. section numbers. 92,000. In other words, admission to the This is no longer the case. The Soviet The amendment would strike that United States as a refugee, and all of Union is gone. Russia is an ally. This provision in this bill, one whose title is the protection and the financial assist- foreign aid bill we are debating tonight Section 576, ‘‘Extension Of Certain Ad- ance which accompanies such a status, provides $640 million in aid to this judication Provisions.’’ It does not ac- is made on the basis of two assertions country. How can we possibly decide curately capture its full importance in that do not in themselves involve any that up to 50,000 of the precious num- any way. test of credibility at all. Every other bers of 90,000-plus are refugees? This My colleagues may be unaware of refugee applicant is required to estab- program does great violence to the Ref- this provision’s significance. And the lish his or her identity for eligibility to ugee Act of 1980. committee report provides precious lit- establish that. Those who benefit from The inspector general of the State tle guidance. The report says only that this special treatment need only to as- Department just completed a thorough this provision ‘‘amends current law to sert their eligibility. audit of the refugee admissions pro- extend for another year the authority About 80 percent of these special ref- gram. I want to share some of the find- to adjust the status of certain aliens.’’ ugee admissions go to Jewish appli- ings in the January 1996 report. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8845 INS officers told State Department cants are not even Jewish or Evan- Committee has just completed a 6- investigators that the so-called Lau- gelical Christians or Pentecostals or month inquiry into Russian organized tenberg designations have changed the Orthodox Ukraine. crime in the United States. At their U.S. refugee admissions program into a The program has become an inter- hearing on May 15, the subcommittee ‘‘side-door immigration program.’’ You national disgrace. A State Department heard testimony from a member of the see, if you bring a refugee to this coun- report mentions a satirical play per- Russian Mafia, who testified anony- try, the United States of America pays formed in Moscow based on an appli- mously, behind the screen, for his own the bill, pays the transportation, pays cant deceiving the INS adjudicators. protection. He is in the clink now. for the support system after they come An INS cable from 1993 says, ‘‘Many During meetings with Investigations here. But if you immigrate, you pay it. reliable sources have told us of a cot- Subcommittee staff members, that in- Hear that—if you bring a sponsored im- tage industry which has sprung up dividual, a member of a Russian crime migrant to the United States, you pay; which gives refugee applicants classes ring in the United States, said the Lau- you, personally, pay for their transpor- on how to successfully pass their INS tenberg refugee program was used all tation; you, personally, say they will interview.’’ the time by Russian Mafia members to not become a public charge, and people This amendment has the most per- enter our Nation. If we don’t pay atten- obviously would prefer to come in nicious effect—and I know there is not tion to our own Senate investigations, under refugee status. a person in this Chamber that would Mr. President, just who are we going to Evidence is mounting, mounting, and want this to happen, but it does—this listen to? this has been echoed by Moscow-based amendment denies real refugees the op- The time has come to let this pro- groups working with the former Soviet portunity for a safe haven in our coun- gram end. We must not continue to let refugees, that this is a ‘‘side-door im- try. This provision has established a domestic, selfish interests corrupt our migration program.’’ Undoubtedly, multiyear commitment on behalf of refugee program, to the detriment of most of these people, the evidence is the special categories—in other words, real refugees. We will never have more mounting, showing that most of these the pipeline is clogged—and has guar- refugees maybe than we will this year. people are not refugees. The State De- anteed that more than half of our fiscal We don’t have the numbers to produce, partment reports that there more than year 1996 refugee numbers are going to and we presume then that we will give 42,000 people—at least it will be in the people who are not really fleeing perse- them to a country we are giving $640 RECORD; if nobody is paying attention, cution. Our flexibility to respond to million to tonight, and jeopardize the it will not make that much difference— other refugee crises —in Liberia, in Bu- safety of our own citizens. there are more than 42,000 people who rundi, in Bosnia—is sorely and cruelly Let me share the recommendations have received refugee status but who limited by this commitment. ‘‘Cruelly’’ of the State Department inspector gen- have not yet left the former Soviet is a word I intended to use. So the INS eral’s report: Union. More than half of those individ- officials go on to say, ‘‘The irony is We recommend . . . that Congress allow uals have remained for more than a that there are plenty of cases from the the Lautenberg amendment to expire in 1996. year. former Soviet Union which could qual- It cannot be stated any more clearly How can you be a real refugee and ify [as a refugee] under worldwide than that, Mr. President. The inde- not get out? The inspector general re- standards, however these cases stand pendent auditor of the Department of ports that many of these folks are little chance of being scheduled [for an State believes this must be done in holding refugee status as an insurance interview] as they do not fit into one of order to bring our refugee programs policy against future upheaval in the the Lautenberg categories.’’ out of the cold war and into today’s re- former Soviet Union, or simply waiting I believe that we should keep an INS ality. I agree with her. I hope my col- for an opportunity to leave. refugee team in Moscow. I will vote for leagues will agree also. I reserve the re- I want to acknowledge that many that every time. Please hear that. I am mainder of my time. fine immigrants enter under the Lau- not advocating that we cut back on ad- The PRESIDING OFFICER. All time tenberg provisions. Many are well-edu- mission of real refugees, but these ad- of the Senator from Wyoming has ex- cated and become productive members judicators should be considering the pired. of the Nation and citizens, but these claims of all residents on a case-by- Mr. LAUTENBERG addressed the are not refugees, and individuals who case basis. That is the law. Chair. are not refugees should not receive spe- These lowered standards and fraud The PRESIDING OFFICER. The Sen- cial refugee benefits. We should stop also have another effect. This Lauten- ator from New Jersey is recognized. pretending these individuals are fleeing berg provision has created an attrac- Mr. LAUTENBERG. Mr. President, is any type of State-sponsored persecu- tive avenue for Russian organized there a time agreement? tion. They may be fleeing prejudice. crime figures to secure entry into the The PRESIDING OFFICER. There is That does not qualify you as a refugee. United States. a time agreement. The time of the Sen- Unfortunately, the program has also Let me read from the FBI’s white ator from Wyoming has expired, and become rife with fraud, a direct result paper on Russian organized crime. The the Senator from New Jersey has 15 of the lowered standards. Let me read FBI discusses the Lautenberg process minutes. an internal INS cable from Moscow: and says: Mr. LAUTENBERG. I thank the Category fraud is relatively easy to perpet- Many of these immigrants claimed that Chair. uate as the Washington Processing Center their reason for leaving the Soviet Union Mr. President, one of the things that requires no written documentation to cor- was predominantly to escape religious perse- happens around here when people de- roborate a category claim. Applicants who cution. Not all of these crimes can be consid- cide, like the distinguished occupant of claim they are Jewish by nationality arrive ered to be accurate. The ranks of these the chair or the distinguished Senator at their interview with a passport showing emigres included intellectuals, professionals, from Wyoming, to retire is that we are Russian nationality and a birth certificate and others from the middle and lower classes going to miss some of the aspects of showing both parents are Russian. The claim of Soviet society, who only claimed religious is then made that one maternal grandmother persecution, but had not actually experi- the relationships that exist. Nothing is was Jewish. Such an assertion, while not enced it. It has been estimated by American more awakening or stimulating than a very credible, is unverifiable. Blank and law enforcement authorities that roughly good, solid disagreement and discus- fraudulent documents are readily accessible. 2,000 of these immigrants were criminals who sion with my friend from Wyoming. Only blatant cases of fraud can be denied continued their criminal occupations in the He just happens to be wrong. The fact outright, otherwise parole must be offered. United States. of the matter is that in this blanket The INS claim points out that not So the FBI has identified the Lauten- criticism, he ignores several facts. Mr. only are refugee claims of dubious berg program as a point of entry for President, I think it is important to quality—that is, few of the applicants some members of the ‘‘Russian Mafia’’ understand my supporting a 1-year ex- have actually experienced persecu- into this country. But we do not need tension of the law which facilitates the tion—but applicants do not even sat- to stop there. Try the Senate. The Per- granting of refugee status for certain isfy the category selected for special manent Subcommittee on Investiga- historically persecuted groups in the treatment. In other words, the appli- tions of the Senate Government Affairs former Soviet Union and Indochina. S8846 CONGRESSIONAL RECORD — SENATE July 25, 1996 The law expires at the end of fiscal Gennady Zyuganov, the Communist learn from him methods of governing year 1996 and is extended for 1 year in Party candidate for President, left lit- a country * * *’’ this bill. It has been renewed several tle to the imagination about his view That is a pretty friendly environ- times. As a matter of fact, the last of Jews when he wrote in his book ‘‘Be- ment to exist in. If that does not time was in 1994, and that vote was de- yond the Horizon’’: ‘‘The Jewish dias- frighten the pants off somebody, then cided by an 85–15 outcome. So we are pora holds the controlling interest in nothing will. looking at the same situation, very the entire economic life of Western civ- If these statements are not persua- frankly. ilization.’’ sive, listen to the words of a refugee Existing law formally recognizes that Jews find no comfort in the senti- from Uzbekistan. Her pseudonym is historic experiences of certain per- ment espoused by Liberal Democratic Raisa Kagan, and she also testified be- secuted religious minorities in the Party of Russia leader, Zhirinovsky, fore the Congress in February: former Soviet Union and Indochina and who has said ‘‘for anti-Semitism to dis- For more than two years, me and my fam- a pattern of arbitrary denials of refu- appear, all Jews must move to Israel.’’ ily were subjected to anti-Semitic harass- gee status to members of these minori- Nor do they have faith that Alexan- ment and persecution which escalated into ties entitles them to a relaxed standard der Lebed, President Yeltsin’s new Na- violence that put our lives at risk. of proof in determinations about tional Security Adviser, will play a Ms. Kagan tells a harrowing tale of whether they are refugees. constructive role in working to stem persecution beginning with verbal at- The law lowers the evidentiary the tide of anti-Semitism in Russia. tacks: standard required to qualify for refugee As my colleagues are well aware, Mr. They called me ‘‘dirty Jew’’ and said such status for Jews and Evangelical Chris- Lebed recently stated that Russia has things as, ‘‘It was a good time when Hitler tians from the former Soviet Union, only three established, traditional reli- burned Jews and hung them on the trees.’’ certain Ukrainians, and certain cat- gions—Orthodox Christianity, Islam, After being threatened on many oc- egories of Indochinese. Once a refugee and Buddhism, obviously excluding the casions, Ms. Kagan reports: applicant proves that he or she is a religion of the country’s large Jewish She repeatedly requested protection for member of one of those groups, he or population. He denigrated the Mormon myself and my family from these attacks, she has to demonstrate a ‘‘credible Church in the worst and the ugliest but no official investigation was made and no steps were taken to safeguard my family. basis for concern’’ about the possibility terms. of persecution. Refugee applicants nor- Mr. President, the fears of Russian In the months that followed, two mally must prove a ‘‘well-founded’’ Jews are evident in the stories refugees members of her family were attacked fear of persecution. tell me and others after they arrive in and beaten by Uzbeks; her barn, ga- Why is the extension necessary? my this country. rage, and house were set on fire by friend from Wyoming challenges. Be- They say the government is unwill- arsonists; and she was eventually fired cause the popularity, as we see it now, ing and unable to protect Jews from from her job as a department head of a of ultranationalists and the resurgence humiliation and persecution. They say company for which she had worked for of the Communists in the former So- they are in danger of being exposed to 20 years, with the explanation that viet Union has created a climate of violence or persecution simply because ‘‘only Uzbek nationals may head a de- tension, fear, and even violence against they are Jews. partment.’’ Jews, despite the fact that anti-Semi- One Russian refugee who testified be- Her conclusion is poignant: tism is no longer formally state-spon- fore the House International Relations Thousands of Jewish families in sored. Committee said: Uzbekistan can report the same shameless, In this climate, the law has provided severe and terrible violations of their civil Even now, in Russia, Jews must have ‘‘na- rights. If you are unfortunate enough to be a useful escape valve for historically tionality—JEW’’ written on their passports, Jew you often feel that your dignity is tram- persecuted individuals in the former job applications, birth certificates, and pled with cynicism. To be Jewish in Soviet Union where the situation for school documents. Uzbekistan today means to be unprotected, Jews remains tenuous. Allowing the This refugee went on to say: rightless, and robbed. But the most terrible law to lapse under these conditions But worst of all is that the Government in is to be humiliated until you feel like a non- would be a mistake. Russia is absolutely incapable of protecting entity. How pervasive is anti-Semitism? Ac- Jews from the never-ending persecution and Clearly, Mr. President, now is not the cording to Sergei Sirotkin, former Dep- violence. They do not possess the mechanism time to allow the law to expire. The uty Chairman of the Commission on for enforcing the laws which they already conditions which led to the change in Human Rights under the President of have, the laws which formally protect the law in 1989 have intensified, anti- human rights. The laws are not functioning. the Russian Federation, ‘‘Xenophobia Semitism is pervasive, and the protec- and anti-Semitism in Russia are not Unfortunately, Mr. President, anti- tions the law provides to historically just a reality but a growing and spread- Semitism is pervasive outside of Rus- persecuted individuals in the former ing reality.’’ sia as well. Soviet Union are needed more than In testimony before the House Sub- According to Paul Goble, a well-re- ever before. committee on International Operations spected expert on Soviet minorities: Additionally, Mr. President, the law and Human Rights of the Committee The threat of anti-Semitism in the post- is important to implement a new pro- on International Relations, Sirotkin Soviet States is greater today than it has gram of Resettlement Opportunities claimed that approximately 150 peri- been at any time in the last decade. The in- for Vietnamese Refugees. In April 1996, ability of governments to enforce their own the administration announced a pro- odicals that propagate ideas of fascism, laws or follow up on their own promises, the extreme nationalism, xenophobia, and worsening economic situation throughout gram of Resettlement Opportunities anti-Semitism exist and that between the region that is leading to a search for for Vietnam Refugees [ROVR] to pro- 1992 and 1995 the number of these publi- scapegoats, and an increasing number of vide INS status adjudications for quali- cations tripled. politicians and officials who see anti-Semi- fied Vietnamese boat people returning In his testimony, Sirotkin cited a tism as a useful tool to advance their causes from the camps of Southeast Asia to newspaper with national circulation all contribute to this threat. Vietnam. called the Day which wrote: ‘‘The Jews Leaders in some of these States rec- The program will provide resettle- are not a nation but a sect of degen- ognize that a problem exists, In fact, ment for those Vietnamese with close erates.’’ Even worse was the response during a radio interview last year, ties to the United States or who have from Moscow’s Deputy Public Prosecu- Lithuania’s President acknowledged suffered significant persecution under tor who, according to Sirotkin, said that popular ant-Semitism still exists the Communist regime. The program is the statement did not contain any- in Lithuania. also intended to minimize violence in thing insulting to Jews. Unfortunately, however, sometimes the camps as the Vietnamese refugee It’s not only publications that it is the leaders who are part of the program comes to an end and to help to espouse anti-Semitism. Political lead- problem. Belarus’ President bring this long and successful humani- ers in Russia contribute to the climate Lukashenko recently said, ‘‘Not all of tarian program to an appropriate and of fear as well. Hitler’s actions were bad; one can honorable conclusion. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8847 INS adjudication standards for ROVR the law has served an important pur- process between the administration are based on the criteria found in this pose, particularly permitting immigra- and the Congress. The provision simply law and will play a critical role in the tion from Russia and the other nations facilitates refugee designation. implementation of the program. of the former Soviet Union, to ensure Mr. President, this law was origi- Mr. President, to respond to a couple that they have an opportunity to leave. nally approved by the Senate by a vote of the assertions made by my friend There has been some sense that per- of 97 to 0 in 1989 and became law as part from Wyoming, first of all, he uses the haps that law had served its purpose or of the fiscal year 1990 Foreign Oper- inspector general’s reference as a de- run its course, but we are supporting ations Appropriations Acts. It was ex- termination of whether or not the pol- another year’s extension of that law to tended in the fiscal year 1991 and fiscal icy is right. That is not the inspector ensure that it completes its purpose. year 1992 Foreign Operations Appro- general’s area. The program has to be So we are supportive of that and we ad- priations Acts, and the fiscal year 1994– determined or reviewed by them. mire you for what you did in leading 1995 Foreign Relations Authorization Mr. President, we heard all of the the way in earlier years to a much Act. I urge my colleagues to support criticisms about the weaknesses of the needed provision.’’ this extension. system for permitting those who were Mr. President, in addition to making EXHIBIT 1 not supposed to be coming to enter the sure that people are treated humanely U.S. CATHOLIC CONFERENCE, country. Then, Mr. President, the Sen- and democratically in societies with MIGRATION AND REFUGEE SERVICES, ator from Wyoming has long been in- which we have close connections, it is Washington, DC, June 18, 1996. volved with immigration programs, a confirmation of the belief that in the Hon. FRANK LAUTENBERG, and he ought to insist that INS do its United States we uphold the status of U.S. Senate, job and make sure that those criminals the individuals to practice their reli- Washington, DC. do not get in here. There is no pre- gions, and to be able to conduct them- DEAR SENATOR LAUTENBERG: I am writing sumption here that permits criminals selves as they see fit without fear of to express the deep appreciation of the U.S. Catholic Conference for the initiative which to come in under this refugee status. It harassment or persecution. you took many years ago to author a provi- is very clearly demarcated in the law. Once again, I think that we are going sion of refugee law which recognizes that the It says that those who may be excluded to vote on this, I understand, tomor- historic experiences of certain persecuted re- are on the basis of criminal and related row. ligious minorities in the former Soviet grounds, and describes what they are— The 1 year extension also has the Union and other groups in Indochina, and a as refugees under the Immigration and support of the U.S. Catholic Con- pattern of arbitrary denials of refugee status Naturalization Act. It is very clear. ference, the Hebrew Immigrant Aid So- to members of these groups, entitles them to They are not supposed to permit them. ciety, the American Jewish Commit- a relaxed standard of proof in determinations about their refugee status. We strongly sup- If INS is doing a bad job then they tee, the National Jewish Community port the extension of this provision for one ought to do a better job, and the same Relations Advisory Council, the Union additional year. thing is true of the quality of the citi- of Councils, the National Conference on While it is a fact that the former Soviet zens who come here. Yes. We are going Soviet Jewry, and the Council of Jew- Union has collapsed and the persecution of to make mistakes and some are going ish Federations. Jews and other religious minorities is no to sneak through the apparatus, and I ask unanimous consent that letters longer official policy, the situation in Russia there will be some of those who are en- from these organizations in support of continues to present major problems for these minorities and, given the fact that gaged in illicit activities. We do not an extension be included in the RECORD at the end of my remarks. democratic society is still only tenuously es- want them here. But I know scientists tablished in the countries of the former So- and physicians and even attorneys who The PRESIDING OFFICER. Without viet Union, it would be much too early to have come to this country who make objection, it is so ordered. draw back from this important program. In- it. I say even attorneys because it is (See exhibit 1.) deed, recent developments which appear to quite a transition from Russia—I am Mr. LAUTENBERG. Mr. President, I make the departure of such persons from not talking about my attorney will close. Russia more difficult is a sign of the impor- friends—from the language there to our Mr. President, I want to be clear that tance of giving priority attention to this language here. They make important this extension will not increase the an- group for the time being. This provision is also of importance in the contributions to establish themselves. nual refugee ceiling for admissions to the United States. Those numbers are implementation of a new program of Reset- I have been with cab drivers. I have tlement Opportunities for Vietnamese Refu- seen them buy their cabs, get to work, determined through a consultation gees (ROVR). This program will provide INS and make a contribution. process between the administration status adjudication for persons returning to So we can point out those furors that and the Congress. Vietnam from the camps of Southeast Asia, have been made, and they have been My friend from Wyoming said that who have close ties with the United States made. We ought to tighten up the proc- we absorb refugees, and he describes or who can otherwise demonstrate persecu- ess, and not thereby denigrate the them as legitimate refugees. If some- tion by the Vietnamese government. This whole class of refugees who are coming one has to worry about their kids being program will offer both a final opportunity picked on and beaten up in the streets for some of those boat people in groups long here. given priority in the U.S. Refugee Program Negotiations with the Vietnamese on and not be allowed to conduct their (USRP) and help to minimize violence during the program have been slow and many education as they see fit, to me that this final phase of the Indochinese refugee details remain unclear. Many believe constitutes someone who ought to have program, which has been so successful over that persons, otherwise well qualified, a chance to conduct their lives in an- the years, and help to bring it to an honor- will not have been able to apply under other place. able end. the program by the time the law is set I think that when all is said and done The INS adjudication standards for this to expire at the end of fiscal year 1996. that we will see that this bill has final effort are based on the criteria in this It is important that the program served the United States very well, provision of law and, thus, will be critical in that we have gotten productive citi- an appropriate implementation of ROVR. Ne- deadline and the law be extended so gotiations with the Vietnamese on ROVR that all persons eligible to apply under zens—citizens who make a contribu- have been very slow and many details re- the program’s criteria will be given tion. And if we have some errors in the main unclear. For example, no agreement equal access to this initiative and can way we conduct the programs, then let has yet been reached on how to process those be adjudicated uniformly. us fix the errors in our own house, and boat people who return to Vietnam without Mr. President, this 1 year extension I hope that my colleagues will support having seen a caseworker in the first asylum has the support of the administration. the continuation of this law for the country before departing in order to fill out In a hearing in the Commerce, Jus- next year. their ROVR applications. Several thousand tice, State Appropriations Subcommit- Mr. President, I want to be clear that persons already have been returned without having had an opportunity to apply for tee, Secretary Christopher said the fol- this extension will not increase the an- ROVR and undoubtedly there will be more. lowing in response to my question nual refugee ceiling for admissions to Thus, it seems certain that many persons, about the administration’s position on the United States. Those numbers are otherwise well qualified, will not have been the provision: ‘‘Senator we think that determined through a consultation able to apply for ROVR by the time of the S8848 CONGRESSIONAL RECORD — SENATE July 25, 1996 expiration of this provision of law at the end Washington, DC, July 11, 1996. As you know, the situation for Jews in the of FY 1996, and it will be extremely impor- Hon. FRANK R. LAUTENBERG, former Soviet Union is tenuous. The popu- tant that the ROVR deadline and this provi- U.S. Senate, larity of Vladimir Zhirinovsky and other sion of law be extended so that all persons el- Washington, DC. ultra-nationalists, along with the Com- igible to apply under the ROVR criteria are DEAR SENATOR LAUTENBERG: The Lauten- munist resurgence, has created a climate of given equal access to this initiative and can berg Amendment has provided refugee status tension, fear and, at times even violence be adjudicated uniformly. for hundreds of thousands of Jews, against Jews, despite the fact that there is We understand that the FY 1997 Foreign Pentecostals, Catholics, and others fleeing no longer an official government sponsored Operations appropriations bill in the House persecution in the former Soviet Union and anti-Semitic campaign. These modern cir- of Representatives did not contain an exten- Indochina. The provision will expire on Sep- cumstances, combined with the historic per- sion of this provision of refugee law, but that tember 30, 1996. The American Jewish Com- secution of Jews and other religious minori- the report language in that bill did contain mittee urges you to support the reauthoriz- ties in the FSU, constitute for many a ‘‘cred- a reference to the possibility that such an ing language included in the FY 1997 Foreign ible basis for concern’’ which qualifies them extension might be contained in the Senate Operations Appropriations Act. for refugee status under the Lautenberg law. The Lautenberg Amendment offers fair and bill and instructed House conferees to recede It is critically important that we retain this crucial protection to the numerous groups to the Senate on this issue if that were the law and, with it, the ability to move people facing continuing persecution in these coun- case. We urge that such a one-year extension out of potentially dangerous circumstances. tries. The law provides that the INS consider Further, the continuation of the Lauten- be included in the Senate Foreign Operations the historical context of persecution when berg law remains crucial for Vietnamese ap- Appropriations bill. reviewing refugee applications. No special plicants, who are to be adjudicated under the Thank you again for your assistance in privileges or increased admissions ceilings Administration’s Resettlement Opportuni- bringing this important program to a peace- are created. ties for Vietnam Refugees (ROVR) program. ful and fitting end. The fall of the Soviet Union has neither It seems highly unlikely that all refugees Sincerely, ended Russian anti-Semitism nor diminished who are eligible to apply for consideration JOHN SWENSON, the need for the Lautenberg Amendment. under ROVR will be able to register in time Executive Director. Troubling statements by prominent Russian to be adjudicated under Lautenberg stand- politicians, the closing of Jewish Agency of- ards if the law expires at the end of this fis- THE HEBREW IMMIGRANT fices in Russia, and the recent disturbing re- cal year. An additional year’s extension will AID SOCIETY, marks by General Alexander Lebed on the be critical to carrying out the intended pur- New York, NY, June 14, 1996. status of religious minorities continued to pose of the ROVR program and sustaining Senator FRANK LAUTENBERG, demonstrate the precarious place of Jews in our commitment to refugees in Vietnam. Hart Senate Office Building, the former Soviet Union. Another indication The Administration is supporting a one Washington, DC. of this uncertainty was the Russian govern- year extension of the Lautenberg law. The ment’s refusal to issue a visa to David A. Congress approved such an extension within DEAR SENATOR LAUTENBERG: Thank you Harris, Executive Director of AJC, to attend the State Department Authorization bill very much for your efforts to include a one- a conference cosponsored by AJC in St. Pe- that was vetoed. It is our hope that the Con- year extension of the Lautenberg Amend- tersburg earlier this month on the future of gress will again pass an extension by includ- ment in the FY1997 Foreign Operations Bill. Jews in the former Soviet Union. ing in it the Foreign Operations Appropria- HIAS fully supports extending the Amend- The threat of violence and persecution re- tions bill. As you know, the House Foreign ment because of the threats currently faced mains a present danger for the Jews of the Operations Committee has included in its re- by Jewry in the former Soviet Union (FSU). former Soviet Union. Currently, 100,000 Jew- port language indicating that they would ac- As you know, the Lautenberg Amendment ish men, women, and children are seeking cede to the Senate if the Lautenberg provi- requires that the INS take into account the asylum under the Lautenberg Amendment. sion were to be included in the Senate For- history of persecution of certain minorities, It is imperative that these individuals re- eign Operations Appropriations bill. including Jews in the FSU and Vietnamese main able to receive refugee status in the Thousands of refugees, Jews and non-Jews, political refugees, when adjudicating refugee United States. owe their freedom to you for your leadership applications from such groups. On behalf of the officers and members of on this issue and the law that bears your the American Jewish Committee, we hope On February 27, 1996, the House Sub- name. We have been pleased to work with that you will act to keep the doors of refuge committee on International Operations and you and your staff to support your efforts open in America for those fleeing persecu- Human Rights held a hearing on the persecu- each time the amendment has come before tion in the former Soviet Union and Indo- tion of Jews worldwide. This hearing illus- the Senate and the House for renewal or ex- china. We urge your support for the reau- trated that those conditions in the FSU tension. We want you to know that you have thorization of the Lautenberg Amendment. which necessitated the passage of the Lau- our support and assistance this time as well. Sincerely, tenberg Amendment in 1989 have intensified Sincerely, JASON F. ISAACSON, in recent months. MICHAEL N. NEWMARK, Director. Chair, NJCRAC. The testimony of former Parliament mem- ber Alla Gerber and expert on Soviet nation- NATIONAL JEWISH COMMUNITY UNION OF COUNCILS, alities Paul Goble described anti-Semitism RELATIONS ADVISORY COUNCIL, Washington, DC, June 11, 1996. in the FSU as being ‘‘privatized’’ after the New York, NY, June 18, 1996. Hon. FRANK LAUTENBERG, dissolution of the USSR. Recent emigres Senator FRANK LAUTENBERG, Hart Senate Office Building, from the FSU testified that they fled the U.S. Senate, Washington, DC. land of their birth because the authorities Washington, DC. DEAR SENATOR LAUTENBERG: The Union of there were unwilling and unable to protect DEAR SENATOR LAUTENBERG: On behalf of Councils for Soviet Jews (UCSJ) has long them from rising anti-Semitism. Indeed, the National Jewish Community Relations valued the leadership you have provided in many politicians, including leading Russian Advisory Council (NJCRAC), I am writing to the struggle to protect refugees in the Presidential candidates Zyugonov and thank you for your continuing efforts to ex- former Soviet Union (FSU), and to promote Zhirinovsky, and Belarus President tend the Lautenberg Amendment for an addi- human rights world-wide. We write today to Lukashenko, exploit such popular sentiment tional year by including it in the Foreign enthusiastically endorse a one year exten- by blaming ‘‘the Jew’’ for all that ails their Operations Appropriations bill for FY 1997. sion of the Lautenberg Amendment; the respective nations. The attached news ac- The NJCRAC is the American Jewish com- central piece of United States legislation counts of recent events in the FSU re-en- munity’s network of 13 national and 117 local dedicated to saving Jews and other refugees force the concerns raised at the hearing. public affairs organizations. Our member from the FSU and Indochina. The hearing made it clear that now is not agencies work with government representa- The UCSJ, comprised of Soviet Jewry ac- the time to allow the Lautenberg Amend- tives, the media, and a wide array of reli- tion councils in thirty American cities, ment to expire. gious, ethnic and civic organizations to ad- 100,000 members, and human rights bureaus dress a broad range of public policy concerns. in five cities in the FSU, has for more than Once again, HIAS greatly appreciates your Over the years, we have devoted significant twenty-five years been the largest independ- efforts to include a one-year extension of the energy to work on behalf of refugees from ent grass-roots human rights and Soviet Lautenberg Amendment on the FY 1997 For- the former Soviet Union. We are well aware Jewry organization in the world. The UCSJ eign Operations Authorization bill. of how critical the Lautenberg Amendment is a leading authority on antisemitism and Very truly yours, has been in that rescue effort. Moreover, the the general threat to Jews on the ground in- MARTIN A. WEMICK, Lautenberg law has not only enabled thou- side the FSU. Executive Vice-President. sands of applicants from the former Soviet Since the Lautenberg Amendment was in- Union to obtain refugee status but has also troduced in the Foreign Operations Appro- THE AMERICAN JEWISH COMMITTEE, played a key role in allowing refugees from priations Act of 1990, the UCSJ has strongly OFFICE OF GOVERNMENT AND Indochina to come to the United States to supported the law as a bold statement of the INTERNATIONAL AFFAIRS, begin new lives free of persecution and fear. United States’ foreign policy commitment to July 25, 1996 CONGRESSIONAL RECORD — SENATE S8849

human rights and democracy, and its hu- Once again, our sincere thanks for every- AMENDMENT NO. 5078 manitarian mission to provide safe-haven to thing you have done on behalf of the Jews of (Purpose: To reallocate funds for the Korean endangered refugees. The Lautenberg the former Soviet Union. Peninsula Energy Development Organiza- Amendment declares that persecution of mi- Sincerely, tion) norities is unacceptable as part of the transi- MARK B. LEVIN, Mr. LIEBERMAN. I call up amend- tion towards democracy in the region. Addi- Executive Director. tionally, the amendment has assisted tens of ment number 5078 at the desk. thousands of refugees from historically per- The PRESIDING OFFICER. The COUNCIL OF JEWISH FEDERATIONS, clerk will report. secuted communities to find safety in the Washington, DC, June 12, 1996. United States. Senator FRANK LAUTENBERG, The assistant legislative clerk read Today, conditions for Jews in the FSU are U.S. Senate, as follows: extremely precarious. A significant majority Washington, DC. The Senator from Connecticut (Mr. of members of the Russian Duma are from DEAR SENATOR LAUTENBERG: On behalf of LIEBERMAN) for himself, Mr. LEAHY, Mr. strongly antisemitic parties. The leading the Council of Jewish Federations and the THOMAS, Mr. HATFIELD, Mr. SIMON, Mr. NUNN, contender in the upcoming presidential elec- 200 local Jewish Federations within our na- Mr. DASCHLE, Mr. LUGAR, Mr. ROTH, Mr. LAU- tion, Gennady Zyuganov, represents a coali- tional system, I am writing to thank you for TENBERG, Mrs. FEINSTEIN, and Mr. INOUYE, tion of nationalist, patriotic and communist your ongoing efforts to extend the Lauten- proposes an amendment numbered 5078. parties. This coalition has a serious chance berg Amendment for an additional year by Mr. LIEBERMAN. Mr. President, I of winning the presidency, and poses a grave including it in the Foreign Operations Ap- ask unanimous consent that reading of threat to the Jewish community. propriations bill for FY97. This critical law the amendment be dispensed with. Based on the UCSJ’s monitoring of condi- has assisted thousands of refugee applicants The PRESIDING OFFICER. Without tions in the FSU, we see antisemitism from the Former Soviet Union and Indochina to obtain refugee status and come to the objection, it is so ordered. throughout the region, and an inability or The amendment is as follows: unwillingness on the part of the authorities U.S. to start a new life free of persecution, to protect Jews. The Jewish community fear and constant harassment. On page 126, after line 7, insert the follow- faces a vibrant antisemitic publishing indus- As you know, the situation for Jews in the ing: ‘‘(INCLUDING TRANSFERS OF FUNDS)’’. try, vilification in street demonstrations, FSU is tenuous at best. The popularity of On page 127, beginning on line 14, strike and vandalism of private and communal Zhirinovsky and other ultra nationalists as ‘‘Provided further,’’ and all that follows property. As Paul Gobel of Radio Liberty well as the resurgence of the Communists through the colon on page 128, line 6, and in- stated at a recent hearing before a House creates a climate of tension, fear and often sert the following: ‘‘Provided further, That, International Affairs subcommittee, ‘‘The violence against Jews even if there is no notwithstanding any prohibitions in this or threat of antisemitism in the post-Soviet longer an official government sponsored any other Act on direct or indirect assist- states is greater today than it has been at anti-Semitic campaign. These modern cir- ance to North Korea, not more than any time in the last decade.’’ cumstances, combined with the historic per- $25,000,000 may be made available to the Ko- secution of Jews and other religious minori- rean Peninsula Energy Development Organi- The Union of Councils for Soviet Jews zation (KEDO) only for heavy fuel oil costs firmly believes that it would not only be a ties in the FSU, constitute for many a ‘‘cred- ible basis for concern’’ which qualifies them and other expenses associated with the human rights catastrophe if the Lautenberg Agreed Framework, of which $13,000,000 shall Amendment was allowed to expire this year, for refugee status under the Lautenberg law. The importance of retaining this law and the be from funds appropriated under this head- but a serious foreign policy blunder. At a ing and $12,000,000 may be transferred from time when Russia is in danger of returning ability to move people out of a dangerous en- vironment can not be overstated. funds appropriated by this Act under the to communist or fascist rule, the United headings ‘International Organization and States should not signal that it believes that In addition, the continuation of the Lau- Programs’, ‘Foreign Military Financing Pro- all is well for historically persecuted minori- tenberg law remains crucial for Vietnamese gram’, and ‘Economic Support Fund’:’’. ties. who are to be adjudicated under the Admin- On page 138, line 12, strike ‘‘the Korean’’ istration’s Resettlement Opportunities for The United States Congress has long been and all that follows through ‘‘or’’ on line 13. Vietnam Refugees (ROVR) program. It seems an ally of human rights and democracy ac- highly unlikely that all refugees who are eli- The PRESIDING OFFICER. The Sen- tivists and persecuted minority groups in the gible to apply for consideration under ROVR ator from Alaska. former Soviet Union. This noble tradition will be able to register in time to be adju- Mr. MURKOWSKI. Mr. President, I would be honored by an extension of the dicated under Lautenberg standards if the Lautenberg Amendment through the end of ask for the yeas and nays on the law expires at the end of this fiscal year. An fiscal year 1997. Lieberman underlying amendment. additional year’s extension will be critical to Sincerely, The PRESIDING OFFICER. Is there a carrying out the intended purpose of the PAMELA B. COHEN, sufficient second? ROVR program and keeping our commit- National President. ment to refugees in Vietnam. There is a sufficient second. MICAH H. NAFTALIN, The yeas and nays were ordered. National Director. The Administration is supporting a one year extension of the Lautenberg law. The AMENDMENT NO. 5089 TO AMENDMENT NO. 5078 Congress already passed such an extension in (Purpose: To provide conditions for funding NATIONAL CONFERENCE ON the State Department Authorization bill North Korea’s implementation of the nu- SOVIET JEWRY, that was vetoed. It is our hope that the Con- clear framework agreement) Washington, DC, June 20, 1996. gress will again pass an extension by includ- Mr. MURKOWSKI. Mr. President, I Hon. FRANK LAUTENBERG, ing it in the Foreign Operations Appropria- U.S. Senate, tions bill. As you know, the House Foreign offer a second-degree amendment, and Washington, DC. Operations Appropriations Committee has send it to the desk and ask for its im- DEAR SENATOR LAUTENBERG: On behalf of included in its report language that they mediate consideration. the National Conference on Soviet Jewry, would accede to the Senate if the Lautenberg The PRESIDING OFFICER. The thank you for your successful effort to in- provision were to be included in the Senate clerk will report. clude a one-year extension of the Lautenberg Foreign Operations Appropriations bill. The assistant legislative clerk read Amendment in the FY1997 Foreign Oper- Thousands of refugee, Jews and non-Jews, as follows: ations Appropriations Bill. Given the vola- owe their freedom to you for your leadership The Senator from Alaska (Mr. MURKOW- tile and dangerous environment confronting on this issue and the law that bears your SKI) for himself, Mr. MCCAIN, and Mr. the Jewish minority in the former Soviet name. We have been pleased to work with LIEBERMAN, proposes an amendment num- Union, the NCSJ continues to support the you and your staff to support your efforts bered 5089 to amendment numbered 5078. extension of the Amendment. each time it has been before the Senate and Mr. MURKOWSKI. Mr. President, I The rise of popular ant-Semitism through- the House. You have our support and assist- out the former Soviet Union is a serious ance again now. ask unanimous consent that reading of threat to the future well-being of Jews in Thank you for all you have done. the amendment be dispensed with. these countries. Government authorities are Sincerely, The PRESIDING OFFICER. Without unable and/or unwilling to adequately ad- MAYNARD WISHNER, objection, it is so ordered. dress this threat which causes many Jews to President, CJF. The amendment is as follows: continue to suffer. Mr. LIEBERMAN addressed the On page 2, line 9, of the matter proposed to The NCSJ, in conjunction with other mem- Chair. be inserted, strike ‘‘Fund’’ and all that fol- bers of the organized American Jewish com- lows to the end period and insert the follow- munity, stands ready to assist you to ensure The PRESIDING OFFICER. The Sen- ing: ‘‘Fund: Provided further, That such funds passage of this vital legislation. ator from Connecticut is recognized. may be obligated to KEDO only if, prior to S8850 CONGRESSIONAL RECORD — SENATE July 25, 1996 such obligation of funds, the President cer- Mr. President, let us remember as we the Yongbyon nuclear facility will tifies and so reports to Congress that (1)(A) begin this discussion that in 1993 the eventually be shipped out of North the United States is taking steps to assure Defense Department issued the Bot- Korea. These rods alone contain that progress is made on the implementation tom-Up Review, which set a standard enough plutonium to make five to six of the January 1, 1992, Joint Declaration on the Denuclearization of the Korean Penin- for the American military that we had bombs. This is truly a remarkable sula and the implementation of the North- to be strong enough to deal with two agreement. South dialogue and (B) North Korea is com- major regional conflicts in the world at No one says that North Korea has be- plying with the other provisions of the the same time. One potential MRC was come a Jeffersonian democracy. Far Agreed Framework between North Korea and clearly in the gulf region, the Middle from it. It is a country which faces all the United States and with the Confidential East, and the other, in most people’s sorts of instability, particularly the Minute; (2) North Korea is cooperating fully contemplation, was on the Korean pe- terrible condition of its economy, the in the canning and safe storage of all spent ninsula. inability actually to feed all its people. fuel from its graphite-moderated nuclear re- When we think about the fact that But in the midst of all that instability actors and that such canning and safe stor- age is scheduled to be completed by the end we sent a half million of our soldiers to which could have caused literally con- of fiscal year 1997; and (3) North Korea has the gulf region to deal with that con- flagration on the Korean peninsula, not significantly diverted assistance pro- flict—and carry out so brilliantly Oper- this agreement has been concluded. vided by the United States for purposes for ation Desert Shield and Desert Storm— What is their return for this? The re- which such assistance was not intended: Pro- and that the potential for conflict on turn for this is that we have agreed to vided further, That the President may waive the Korean peninsula is in most peo- provide a certain amount of money the certification requirements of the preced- ple’s minds of an equivalent size, we every year for the North Koreans to ing proviso if the President deems it nec- are talking about a very serious expo- purchase heavy fuel oil to help to oper- essary in the vital national security inter- ests of the United States: Provided further, sure for the United States in terms of ate other power plants within their That no funds may be obligated for KEDO our military personnel and also in country, and we have agreed to assist until 30 calendar days after the submission costs to our Treasury. them in building light water reactors to Congress of the waiver permitted under After rising international concern which are much more nuclear-pro- the preceding proviso: Provided further, That about the potential diversion of North liferation resistant, much less likely to before obligating any funds for KEDO, the Korea’s nuclear power to develop atom- be used to develop nuclear weapons President shall report to Congress on (1) the ic weapons, a series of negotiations en- than the other reactors that the North cooperation of North Korea in the process of sued which ended in the so-called Koreans have. returning to the United States the remains The cost of the light water reactors of United States military personnel who are agreed framework in October of 1994. listed as missing in action as a result of the The North Koreans took on certain ob- will amount to more than $4 billion. Korean conflict (including conducting joint ligations in return for which the Unit- The Republic of Korea, that is, South field activities with the United States); (2) ed States and neighbors in that region, Korea, and Japan have accepted the violations of the military armistice agree- particularly South Korea and Japan, lion’s share of the financial burden for ment of 1953; (3) the actions which the Unit- took on other obligations, which thus those light water reactors. The United ed States is taking and plans to take to as- far all parties have proceeded in what States direct funding to the Korean Pe- sure that North Korea is consistently taking would have to be called good faith to ninsula Energy Development Organiza- steps to implement the Joint Declaration on tion, known as KEDO, which was set up Denuclearization of the Korean Peninsula the great benefit of that region and the and engage in North-South dialogue; and world, resulting in a de-escalation of under the agreed framework to provide (4) all instances of non-compliance with tension and the potential for armed heavy fuel oil for the North Koreans the Agreed Framework between North Korea conflict there. and for other projects, is really a mat- and the United States and the Confidential This agreement required, for in- ter of us just assuming a fair share of Minute, including diversion of heavy fuel stance, North Korea to freeze operation our burden. We pledged to commit $25 oil:’’. of its 5-megawatt reactor and halt con- million, which is less than half the Mr. LIEBERMAN. Mr. President, I struction at its 50-megawatt and 200- total amount required for the heavy thank the Chair. megawatt reactors. If the agreement fuel oil purchases annually and which Mr. President, I intend to support the were not in place, within a few short represents a very modest commitment second-degree amendment. years these facilities would have been when one considers the $4 billion cost I ask unanimous consent that I be able to produce enough plutonium for for light water reactors that will be as- added as a cosponsor of the amend- the North Koreans to build dozens of sumed primarily by the Republic of ment. weapons each year. The agreed frame- Korea and Japan. The PRESIDING OFFICER. Without work also required North Korea to Nonetheless, the foreign ops bill that objection, it is so ordered. cease operations at its reprocessing fa- is before us now cuts that amount of Mr. LIEBERMAN. I thank the Chair. cility and laboratory which reprocesses money down to $13 million, threatening Mr. President, speaking about the plutonium out of spent nuclear fuel, the stability of the overall agreed underlying amendment and the second- and to seal that facility. framework, and leading to concern in degree amendment, this deals with the I am pleased to say, Mr. President, Japan and South Korea about the underlying bill, the foreign operations that the International Atomic Energy steadfastness of the United States in appropriations bill, which proposed a Agency has confirmed that North fulfilling its obligations under this relatively small contribution that the Korea has taken all these steps to agreement—leading to some concern in United States has agreed to make freeze their program. The IAEA is now those countries about whether they which is part of a very large agreement working with North Korea to settle on would fulfill their much larger respon- that holds great promise of stabilizing specific measures needed to continue sibilities under these agreements, and relations between North Korea and to monitor that freeze. The fact is that holding the potential to again desta- South Korea, North Korea and its other IAEA inspectors are maintaining a bilize the Korean peninsula with great neighbors in Asia, The so-called agreed continuous presence—this is not just risk to those who live there and those framework which was agreed to in Oc- somebody’s word and our best hopes, it of us who have a security interest tober of 1994 has had extraordinary ef- is the continuing presence of inter- there. fect on what was beginning to be— national inspectors at the Yongbyon Mr. President, I want to simply quote sometimes our memories are short—a nuclear facility in North Korea. The here from a letter Secretary Perry very threatening situation in which we framework was deliberately structured wrote to Senator ROBERT C. BYRD on had conclusive evidence that the North so the North Koreans would take the this question dated July 15, 1995. The Koreans were building reactors that first steps, and we were able to verify Secretary says that without the full were capable of being used to build compliance every step of the way. amount of U.S. support, $25 million—a atomic weapons which, together with Mr. President, over time, all of the lot of money as you look at it sepa- their massive ground forces, would facilities that are frozen will be dis- rately but a very small amount of threaten security in that region of the mantled. In addition, 8,000 spent fuel money when you think of the amount world. rods that now sit in a cooling pond at of money we would have to spend if the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8851 Koreas become destabilized and a con- to verify and monitor the freeze, the the Agreed Framework. If that were to flict ensued. Secretary Perry said: canning of the more than 8,000 spent happen, North Korea could renege on Without U.S. support for KEDO, the orga- fuel rods is proceeding at a steady pace its commitments under that agreement nization will face a significant funding short- and North Korea has concluded a num- and resume its nuclear weapons pro- fall for HFO. Should KEDO be unable to ful- ber of agreements with KEDO to facili- gram. fill its obligation to deliver oil, the risk of tate the furnishing of the light water This is a remarkable fact, Mr. Presi- the North breaking the nuclear freeze would dent. For want of $12 million, we are rise significantly. Such a scenario greatly reactors, including a Protocol on Privi- increases the risk of a direct confrontation leges and Immunities for KEDO person- apparently willing to risk North Ko- with North Korea, with costs measured in nel. rea’s return to a nuclear weapons pro- lives and billions of dollars. Mr. President, I believe it is in our gram that we all agree would be ex- Mr. President, my underlying amend- national security interest to freeze and ceedingly dangerous for our security ment would restore the amount of eventually dismantle North Korea’s and for the security of the Asia-Pacific money in the bill from the $13 million graphite-moderated reactors and relat- region, including South Korea and up to $25 million, which is the amount ed facilities. The United States has ap- Japan. the United States pledged to give annu- proximately 37,000 troops in and is In almost every debate on defense ally to fund these purchases of heavy committed by treaty to defend the Re- and security issues, we hear the list of fuel oil and other expenses. It also public of Korea. As Secretary Perry so-called ‘‘rogue’’ nations, always in- makes clear—and Senator LEVIN, had has noted cluding North Korea, that post a threat he been here was going to ask this Should KEDO be unable to fulfill its obli- because of their work on ballistic question—that the $25 million can be gation to deliver oil, the risk of the North missiless, on weapons of mass destruc- used not just for the heavy fuel oil and breaking the nuclear freeze would rise sig- tion, or as sponsors of terrorism. Why administrative expenses, but other ex- nificantly. Such a scenario greatly increases would we willingly undo a success the risk of direct confrontation with North penses pursuant to the agreed frame- story—the Agreed Framework that has Korea, with costs measured in lives and bil- frozen the Korean nuclear weapons pro- work between the parties in this mat- lions of dollars. gram—and risk the grave dangers of ter. Under the arrangements worked out The second-degree amendment which North Korean nuclear weapons? with our allies, South Korea and Japan was worked on this evening by the dis- Indeed, it was the very threat of the have agreed to bear the financial bur- tinguished Senator from Alaska [Mr. North Korean nuclear weapons pro- den for the provision of the light water MURKOWSKI] and the Senator from Ari- gram that required us to negotiate the nuclear reactors for North Korea. The zona [Mr. MCCAIN] and myself, sets Agreed Framework. And had that nego- cost will be more than $4 billion and by some standards for the distribution of tiation not worked, the alternative ap- some estimates will approach $6 bil- that $25 million. I will yield to the Sen- peared to be the likelihood of a mili- lion. The United States has agreed to ator from Alaska in a minute to de- tary confrontation with North Korea, fund less than one-half of the cost of scribe that. It basically requires a cer- meaning war on the Korean Peninsula providing heavy fuel oil annually to tification procedure by the President that would involve massive casualties make up for the loss of electricity. and grants the President a waiver if he to our forces stationed there and to the I am also advised that a number of feels it is in the national security in- Korean population. countries have pledged monetary con- terest to do so before the $25 million is The agreement that is now in place is tributions and the European Union is expended to KEDO. a great benefit to our security. Here is I am pleased we have made such on the verge of making a multi-year fi- how the Diretor of Central Intel- progress on this. I am honored that I nancial contribution commitment but ligence, John Deutch, described the re- have a distinguished group of cospon- that this commitment could be endan- sults of the agreement in March of this sors from both sides of the aisle for gered if the United States didn’t pro- year: vide the $25 million this year. this amendment. Under the terms of the 21 October 1994 I thank the Chair, and I yield the Insummary, Mr. President, I believe Agreed Framework with the United States, floor. that a $25 million contribution to North Korea agreed to freeze its plutonium Mr. NUNN. Mr. President, I rise in KEDO for fiscal year 1997 is in our na- production capability. Currently, support of the Lieberman amendment tional security interest and I encour- P’yongyang has halted operation of the 5MW of which I am an original cosponsor. aged my colleagues to support the [Megawatt] reactor, ceased construction of I believe it is useful to recall that in Lieberman amendment. two larger reactors, frozen activity at the Mr. LEVIN. Mr. President, I support plutonium recovery plant, and agreed to dis- June 1994 North Korea decided to mantle these facilities. defuel its five megawatt research reac- the Lieberman amendment to provide tor, precipitating a crisis on the Ko- full funding for the Korean Peninsula When I asked our senior military rean Peninsula. Spent fuel contains es- Energy Organization, or KEDO. This leaders if they believe the Agreed sential fissile material for a nuclear ar- amendment would provide the funding Framework is in our security interests, senal and North Korea could have ex- requested by the Administration need- they have all answered with a resound- tracted enough plutonium to build five ed to meet our obligations under an ing yes. Here is the discussion I had or six nuclear weapons. important agreement this country has with General Shalikashvili, the Chair- As a result of the negotiation of the with North Korea. man of our Joint Chiefs of Staff in Feb- October 1994 Framework Agreement, This agreement, known as the ruary 1995: North Korea agreed, among other ‘‘Agreed Framework’’ has effectively Senator LEVIN. In your personal view, do things, to freeze and eventually dis- frozen the North Korean nuclear weap- you believe that this agreement is in our na- mantle its graphite moderated nuclear on program. That is why we have such tional security interest and that if imple- mented it would be a positive outcome for reactors and related facilities and to a strong stake in meeting our obliga- us? safely store and ultimately ship out of tions under this agreement. If we want General SHALIKASHVILI. I very much be- its territory the spent fuel from its five to continue to freeze and eventually lieve so, particularly when I consider the al- megawatt nuclear research reactor. dismantle the North Korean nuclear ternatives that we were faced with back in The United States agreed to lead an weapons program, we must uphold our the June timeframe or so when we were international consortium to oversee end of the agreement. That means pay- marching toward a potential confrontation. the finance and construction of two ing our small portion of the cost of the In March of this year, I had the fol- 100-megawatt light water reactors and agreement. lowing exchange with General Gary to provide 500,000 metric tons of heavy Mr. President, the underlying bill Luck, then our commander in chief of fuel oil annually until completion of would reduce the funds for implement- U.S. Forces in Korea, and with Admiral the first light water reactor. ing the Agreed Framework with North Joseph Prueher, our commander in I am advised that North Korea has Korea from $25 million to $13 million. chief of the U.S. Pacific Command con- maintained the freeze on its nuclear fa- This level of funding—half the amount cerning the Agreed Framework: cilities, that the IAEA has maintained requested—would not permit the Unit- Senator LEVIN. [Has] the nuclear weapons a continuous presence in North Korea ed States to meet its obligation under program of North Korea, in your judgment, S8852 CONGRESSIONAL RECORD — SENATE July 25, 1996 remained frozen since that agreement was Secretary PERRY. This was, to me, a fun- The motion to lay on the table was reached? damental issue. We were prepared to take agreed to. General LUCK. Yes sir. very substantial actions that actually raised Mr. MURKOWSKI. Mr. President, the Admiral PRUEHER. Yes sir. the risk of conflict in order to stop that pro- Appropriations Committee proposed a Senator LEVIN. And in your judgment, does gram. We are able to do it through diplo- that make a significant contribution to the macy, and we did not have to take those cut of funding to $13 million. I do not security of that peninsula and to our secu- other actions, and this has been a matter of think we are involved, here, in a bean- rity? [In other words], the fact that their nu- great significance. counting debate. The question is, what clear program is frozen, is that important? The PRESIDING OFFICER. Who does it take to do the job? General LUCK. Oh, yes sir. Yes sir. seeks recognition? If we go back to the initiation of the Admiral PRUEHER. Yes, sir, it is important. framework agreement, I think many of Senator LEVIN. Now, if we had not reached Mr. MURKOWSKI. Let me yield to that agreement and frozen the North Korean the Senator from Wyoming who has a us were under the assumption that this nuclear program, is it true that North Korea unanimous consent request. would be an obligation pretty much un- derwritten by South Korea and Japan. today would have enough plutonium to make AMENDMENT NO. 5088 several nuclear weapons, and could have sev- The PRESIDING OFFICER. The Sen- That has not been the case. We have eral nuclear warheads already and more war- been involved and we continue to be in- heads in the pipeline? ator from Wyoming. Mr. SIMPSON. Mr. President, I ask volved. But my concern, in real terms, General LUCK. [Sir, I am not an expert in is that what we are talking about is a that area, but certainly] that was the pre- for the yeas and nays on my amend- diction before we entered into this agree- ment when it is processed tomorrow major foreign policy initiative, and ment. morning. that is how we deal with North Korea. Senator LEVIN. As far as you know, is that The PRESIDING OFFICER. Without I said on previous occasions I do not an accurate statement? objection it will be in order to order think the agreed framework was the General LUCK. As far as I know, it is, sir. the yeas and nays. best way we could have negotiated it, Admiral PRUEHER. And likewise, as far as I but I am not going to judge the admin- know. Is there a sufficient second? There appears to be sufficient second. The istration necessarily in hindsight. My Mr. President, Those are the typical objection to the agreement was that, in comments of our senior military com- yeas and nays are ordered. The yeas and nays were ordered negotiating, we agreed basically not to manders on the importance of the The PRESIDING OFFICER. The Sen- inspect the two sites, the two storage Agreed Framework, and the fact that ator from Alaska is recognized. sites, until after the first nuclear plant North Korea is complying with its AMENDMENT NO. 5078 was about to be fueled. I think that terms. Mr. MURKOWSKI. Mr. President, was a mistake, but I am not going to The civilian leadership in the De- go on at great length. fense Department also agrees with this first let me acknowledge the statement by my friend from Connecticut, Sen- I am concerned the North Koreans assessment. I refer to an exchange be- live up to their commitments before tween myself and Defense Secretary ator LIEBERMAN, relative to his willing- ness to cosponsor my second-degree the money starts flowing. The Mur- Bill Perry from March 5 of this year, kowski-Lieberman-McCain amend- and I ask that an excerpt of the tran- amendment and for the statement in support of the Lieberman amendment ments would condition the $25 million script from a hearing of the Armed on the following. The first is Presi- Services Committee be printed in the which specifically restores the admin- istration’s request for $25 million to dential certification that progress is RECORD at the conclusion of my state- support the Korea Peninsula Economic really being made on the North-South ment. relations. This is a condition of the The PRESIDING OFFICER. Without Development Organization. The signifi- cance of this is that, if the job is going agreed framework, but one that is objection, it is so ordered. obeyed in the breach, if you will. There (See exhibit 1.) to be done and done right, it is going to Mr. LEVIN. Mr. President, I oppose take a commitment. To suggest it is have been significant exceptions to the bill’s restrictions on funding for going to be done with half the amount that. North Korea has flouted, in some KEDO, and I urge my colleagues to of money is simply unrealistic. We instances, the armistice agreement and support the Lieberman amendment. might as well address reality. The ad- taken several actions in the past few months to increase tensions on the EXHIBIT 1 ministration is prepared to suggest, with the $25 million, it will be able to DMZ, by violating borders. The ques- LEVIN—PERRY ON NORTH KOREA NUCLEAR tion is how does this decrease tensions? AGREED FRAMEWORK (EXCERPT) implement the agreed framework with North Korea. It clearly does not. Senator LEVIN. First I want to ask you Cooperating fully on safe storage of about Korea. Last year you described the sit- I also want to recognize Senator uation in North Korea with the so-called MCCAIN, who joins with me, as well as all spent fuel—this is a requirement. agreed framework that froze North Korea’s Senator LIEBERMAN, in the second de- Again, it is a condition of the agreed nuclear weapons program, and explained gree to the Lieberman amendment. framework. Thus far, I think the co- that by freezing the program that we pre- Mr. President, I believe I have asked operation has been relatively reassur- vented North Korea from producing pluto- for the yeas and nays. I will be very ing on that one. nium for weapons and from producing the brief in my remarks, assuming I am No significant diversion of financial weapons themselves. Has North Korea kept or other assistance—Senator MCCON- its nuclear weapons program frozen? correct, that we have requested the NELL’s provision deals with the impor- Secretary PERRY. Yes. yeas and nays? Senator LEVIN. And if we had not entered The PRESIDING OFFICER. The yeas tant matter of the diversion of fuel oil. into that agreed framework, where would and nays have been requested only on But I think it must go further. We have North Korea’s nuclear program be today, and the Lieberman amendment. spent $8.2 million in food aid, even where could it be, say, in 3 years? Mr. MURKOWSKI. It would be my in- though there are conflicting reports Secretary PERRY. Had we not entered that tention to ask for a voice vote on my about what North Korea does with the program, we believe that they would have, money. In fact, in the last 2 years we first of all, taken the material from their re- second-degree amendment to the un- actor, the spent fuel from their reactor, and derlying amendment, to the Lieberman have spent over $50 million for North reprocess it to get enough plutonium to amendment. Perhaps it would be in Korea in food value and other assist- make perhaps four or five or six bombs, and order to do that now. Then I can pro- ance. quite possibly they would have those bombs ceed with my statement. So what we are talking about is full now; and that, secondly, they were con- The PRESIDING OFFICER. The compliance with all the provisions of structing other reactors which, when they question is on agreeing to the amend- the agreed framework and the con- were completed, would give them the ability ment. fidential part, which includes the time- to get reactor fuel capable of making per- The amendment (No. 5089) was agreed table for compliance. This should be a haps 10 to 12 bombs a year. All of those pro- no-brainer. If there are violations, the grams have been stopped. There is no such to. fuel being processed or generated today. Mr. MURKOWSKI. Mr. President, I money should simply stop. They should Senator LEVIN. And I take it that that move to reconsider the vote. understand that. clearly is in our security interest in a very Mr. LIEBERMAN. I move to lay that If, as the administration assures me, major way? motion on the table. North Korea is fully cooperating with July 25, 1996 CONGRESSIONAL RECORD — SENATE S8853 the agreed framework and is moving by the U.S. and other countries under partment of Energy has taken the lead towards advancement on other issues, the Framework Agreement only for in this effort, and estimates that all these should be very, very easy certifi- purposes permitted under that agree- the spent fuel will be safely canned and cations. It should not be any problem ment. I support that restriction. stored in North Korea by March of next at all. Further, before any money is The amendment offered by Senator year. spent, the administration will report MURKOWSKI and myself would add addi- In support of this effort, the U.S. has on whether North Korea is cooperating tional Presidential certification re- already contributed about $25 million. fully on activities to account for the quirements to the existing language. Maintaining the nuclear fuel rods in MIA’s, those missing in action, includ- These additional certifications are: safe storage will require about $2.5 to ing the joint field activities. Progress is being made to establish a $5 million per year until it is removed A lot of Americans forget, because meaningful dialogue between North from North Korea. In my view, these the emphasis has been on Vietnam and South Korea; funds are well spent to take this dan- where currently we have unidentified North Korea is cooperating fully with gerous material out of North Korean less than 2,300 MIA’s, but that is not the canning and safe storage of spent hands. the case in North Korea. Mr. President, fuel from its nuclear reactors at The U.S. has also contributed $5 mil- 8,177 service personnel are unaccounted Yongbyon; lion for heavy fuel oil for North Korea for in the Korean conflict and at least North Korea is in compliance with all and another $22 million to the oper- 5,433 were lost north of the 38th Par- other provisions of the nuclear frame- ations of KEDO. This bill, with the allel. These are the forgotten men of work agreement, including maintain- Lieberman amendment, would give an- the Korean war. ing a complete freeze on its nuclear other $25 million to KEDO for heavy I am pleased that the first joint oper- program; and fuel oil and administrative costs of im- ation started on July 10. Another oper- None of the assistance provided to plementing the agreement. These ex- ation is scheduled for September. That North Korea by the U.S. has been di- penditures can be expected to continue is good news. It is a start. But it is ab- verted to other than the intended pur- at least at the level of $20–30 million solutely crucial to my support for the poses. per year for the next seven to ten KEDO funding. It is an issue I have In addition, our amendment requires years, while the provisions of the spoken out on time and time again, the President to provide a report to agreement are carried out. That is a and it is an issue I am glad to see the Congress on three important matters cost to the U.S. taxpayer of somewhere administration and negotiators have fi- related to peace and stability on the between $200 and $300 million. nally brought into the discussion proc- Korean Peninsula. These are: Coopera- We in Congress have a responsibility ess. When KEDO started, when the first tion of North Korea with efforts to re- to ensure that the U.S. taxpayer knows negotiations were taking place, there turn the remains of those missing in where his money is going. That is why was no mention, no condition of our action since the Korean conflict; viola- Senator MURKOWSKI and I are propos- support and assistance and their co- tions of the military armistice agree- ing an amendment to restrict the use operation on the MIA’s. It is through ment; and the Administration’s plan of the $25 million provided in this bill. the efforts of Senator MCCAIN and a for encouraging North-South dialogue. Our amendment would ensure that the number of other Members of this body The bill before the Senate provides taxpayers’ dollars will not be spent to and Members of the House, to insert $13 million to the Korean Peninsula prop up the failing economy and Com- this mandate, that I think has brought Energy Development Organization, or munist regime in North Korea. an awakening to the administration. KEDO, which is the organization As I have often said, I believe the The highest calling of Government is charged with implementing the nuclear Framework Agreement will fail in full accounting for those who have framework agreement of 1994 between time. I believe North Korea will renege given so much. We can never properly the U.S. and North Korea. My col- on this agreement, just as they reneged repay that. We simply have to demand league from Connecticut, Senator on their freely accepted obligations it. We know where those battle sites LIEBERMAN, is proposing an amendment under the Nuclear Non-Proliferation were. We know where those prison to increase that amount to $25-million. Treaty, and as they did 9 times during camps were, in the north. We know The amendment offered by Senator the 2 years of negotiations leading up there are 5,433 that are unaccounted for MURKOWSKI and myself would ensure to this deal. North Korea is currently and this is an opportunity to give that that this $25 million is not misused by in compliance with the framework accounting to their relatives and loved the Communist regime in North Korea. agreement, and therefore, I do not be- ones. I continue to have serious reserva- lieve the United States should kill the Further, this would require a report tions about the Nuclear Framework deal by failing to provide a minimal on all instances of noncompliance with Agreement with North Korea. Under level of funding to implement its more the agreed framework, including diver- this deal, the North Koreans get free positive aspects. sion of fuel oil. It is fair to say we have oil, the benefits of trade and diplo- Mr. President, I will not oppose the seen evidence of that in the past. So I matic relations, two new nuclear reac- Lieberman amendment to restore fund- think what we have here, thanks to my tors, and untold additional benefits, in- ing for KEDO to the requested level. good friend and colleague, Senator cluding tacit forgiveness of their bla- However, I believe the American tax- LIEBERMAN, Senator MCCAIN, and oth- tant violation of the Nuclear Non-Pro- payers should be assured that these ers, is a message to the administration liferation Treaty. Most of these bene- millions will not be misused by North that is responsible, is forthright, that fits accrue before North Korea incurs Korea. Therefore, I urge my colleagues meets their monetary requirement, any real damage to its existing nuclear to join Senator MURKOWSKI and me in but, if you will, puts behind the agree- program. In short, the most charitable ensuring these funds are expended only ment the faith and credit of the Con- appraisal I can give this agreement is if certain reasonable conditions are gress in an accountability that is of- that it represents a tendered bribe to met. I urge the adoption of the Mur- tentimes difficult to find in a Govern- North Korea in exchange for a limit on kowski-McCain amendment. ment process such as we have before its nuclear weapons program. AMENDMENT NO. 5028 us. I continue to believe that the only Mr. SPECTER. Mr. President, I voted Mr. McCAIN. Mr. President, I am part of the Framework Agreement that against the Helms amendment because pleased to cosponsor this amendment serves our national security interest is it would prohibit the United States with my colleague from Alaska, Sen- ensuring that the spent nuclear fuel government from making certain pay- ator MURKOWSKI, to impose additional rods in the cooling pond at Yongbyon ments to the United Nations if the conditions on U.S. funding for the im- are safely stored and safeguarded. We United Nations ‘‘borrows funds from plementation of the North Korean Nu- must ensure that North Korea cannot any international financial institu- clear Framework Agreement of 1994. quickly and easily begin reprocessing tion.’’ It may be necessary for the The bill before the Senate requires this fuel, and we must also ensure United Nations to borrow such funds to the President to certify that North against further degradation of their keep operating for a wide variety of Korea is using heavy fuel oil provided condition in the storage pond. The De- contingencies. S8854 CONGRESSIONAL RECORD — SENATE July 25, 1996 The amendment also prohibits the food that the inmates received as fol- lowed IRC to use the space rent free, U.S. Government from making certain lows: IRC still had to store the supplies payments to the United Nations if the Vapniarka was the site of a unique Roma- under tarps inside the warehouse be- United Nations attempts to ‘‘impose nian nutritional policy. The inmates were cause IRC was not permitted to pay to any taxation or fee on any United regularly fed 400 grams of a kind of chick pea repair a leaking roof, since that would States persons.’’ I would certainly sup- (tathyrus savitus) which Soviet agricultur- have been contact with the Govern- port an amendment which only prohib- ists had been giving to hogs, cooked in water ment of Azerbaijan. and salt and mixed with 200 grams of barley Relief International [RI] was unable ited an attempt by the United Nations to which was added a 20-percent filler of to impose a tax or fee on any United straw. No other diet was allowed. The result to cooperate with a 1994 UNICEF child States persons because that would vio- of this diet manifested itself in muscular immunization program in Azerbaijan, late fundamental U.S. sovereignty. cramps, uncertain gait, arterial spasms in despite major need for such a program, Since this amendment goes beyond the legs, paralysis and incapacitation. because UNICEF was working with the tax or fee issue and prohibits bor- This is just one example of the type Azerbaijan’s Ministry of Health on the rowing, I opposed the amendment. of terrible treatment the prisoners ex- project. AMENDMENT NO. 5059 perienced at Vapniarka. This year, CARE withdrew a proposal Mr. INOUYE. Mr. President, I rise Mr. Nagel has been denied a pension to USAID to rehabilitate buildings and today to thank the managers of the by the German authorities because railroad cars as shelters for displaced bill, Chairman MCCONNELL and Senator Vapniarka has been categorized as a Azerbaijanis, because the structures LEAHY for accepting the Inouye- labor camp. Today, Mr. Nagel is 76 were government owned. D’Amato amendment expressing the years old and survives on a moderate RI has been unable to do equal-value Sense of the Senate that the German income supplemented by Social Secu- exchanges of pharmaceuticals with Government expand the criteria by rity. This enables him to meet his other non-American, nongovernmental which Holocaust survivors may qualify basic necessities of food, shelter and organizations [NGOs] in Azerbaijan, a for compensation. clothing. A pension of $300 to $500 a common practice in areas with scarce Time is of the essence. Most of the month will make the difference be- medical resources, because these other survivors are in their mid-to-late sev- tween making ends meet and being NGO’s cooperate with the government. enties. Each day of delay causes the able to live a decent lifestyle during Two thousand IRC-built latrines to survivors of one of the most gruesome his golden years. prevent water-borne diseases among atrocities mankind has ever witnessed Through this resolution the Senate the refugee population cost twice what to move a day closer to never recover- encourages the German Government to they should have, because a middleman ing the compensation, albeit symbolic, negotiate expediently and in good faith had to be retained for purchasing sup- they certainly deserve. with the United States Conference on plies so as not to conduct business with The German Government and the Jewish Material Claims Against Ger- the Government. United States Conference on Jewish many. The extreme gravity of the humani- Material Claims Against Germany are CLARIFICATION OF THE BAN ON AID TO tarian situation in the country was about to engage in the yearly process AZERBAIJAN best illustrated in a recent cable to the of negotiating new categories by which Mr. COHEN. Mr. President, in 1992, State Department from the current survivors of the Holocaust are entitled war in the Caucasus led Congress to ap- United States Ambassador to Azer- to receive compensation. prove a ban on direct U.S. aid to the baijan, Richard Kauzlarich. In the I recognize that there is absolutely Government of Azerbaijan under what cable, the ambassador cited the horri- no amount of financial remuneration is known as ‘‘section 907.’’ Although fying preliminary results of a medical that can adequately compensate these section 907 was not intended to deny survey conducted by the Centers for survivors for the unimaginable suffer- humanitarian aid to the war-ravaged Disease Control, UNICEF and the ing they experienced. However, in population of Azerbaijan, it has done World Health Organization in Azer- many cases, pensions of approximately just that. baijan earlier this year: $300 to $500 a month will make a sig- Mr. President, I rise to support the Seventy percent of displaced children nificant difference in the lifestyle effort today to clarify section 907, mak- in Azerbaijan between the ages of 12 these survivors will experience in their ing humanitarian aid to nearly 1 mil- and 23 months suffer from anemia. This golden years. lion in Azerbaijan easier to deliver. can cause irreversible problems in I would like to take a moment to This effort represents a true humani- their mental development. Anemia is share with my colleagues the type of tarian action, while at the same time also widespread in the adult popu- hardship my constituent Mr. Armin aiding the stabilization of the lation. Nagel experienced while interned at Caucasus, one of the hotspots of the Thirty percent of displaced children the Vapniarka camp in Romania. former Soviet Union. in Azerbaijan between the ages of 6 and Mr. Nagel was interned during World Section 907 currently prevent non- 11 months suffer stunted growth caused War II in Transnistria, in the governmental organizations [NGOs] re- by malnutrition; 11 percent of the el- Vapniarka concentration camp and in ceiving U.S. funding from dealing with derly also suffer malnutrition. the Grosulovo ghetto just inside the the Government of Azerbaijan in carry- Twenty-four percent of Azerbaijani Romanian border. ing out humanitarian missions in the displaced children suffer from diarrhea. Vapniarka was a camp used pri- country. Seventeen percent of the displaced marily for Jews. In mid-September of In formerly Soviet Azerbaijan, the population suffer from iodine defi- 1942 over 1,000 Jews, of which about 400 Government controls a large portion of ciency disorders (goiter). were from the Tirgu Jiu camp, were the economy, so this restriction makes The message in the ambassador’s transferred to Vapniarka by train it very difficult for aid organizations to cable is clear—The United States must through Tiraspol. They joined the 630 efficiently deliver much-needed help to act now to clarify section 907 and try Jews from Bessarabia and Bucovina the 900,000 refugees from the war with to stem the growing humanitarian cri- and about 50 to 60 Ukrainian inmates Armenia. sis in Azerbaijan. already interned there. In mid-October Some examples of the problems sec- I ask unanimous consent that the of 1943, 700 Jewish survivors were trans- tion 907 has created for the Inter- text of the ambassador’s cable and a ferred from Vapniarka to the national Rescue Committee [IRC], Res- 1994 report by USAID on the effects of Grosulovo Ghetto and the Vapniarka cue International [RI] and CARE, inde- the section 907 ban on Azerbaijan be camp was closed. While in Vapniarka, pendent relief agencies, are as follows: printed in the RECORD. the inmates were severely beaten by International Rescue Committee The PRESIDING OFFICER. Without their guards and by fellow Ukrainian [IRC] initially stored medical supplies objection, it is so ordered. inmates. in Azerbaijan under tarps on the street, (See exhibit 1.) Based on survivors’ testimonies, Raul because section 907 precluded renting Mr. COHEN. Finally, Mr. President, Hilberg, in his book ‘‘The Destruction Azerbaijan Government-owned ware- action to clarify section 907 is in the of the European Jews,’’ describes the house space. When the Government al- U.S. national security interest. On a July 25, 1996 CONGRESSIONAL RECORD — SENATE S8855 strategic level, section 907 may force conducted a nation-wide health and nutri- Imishli where 46,000 IDPs live in wretched Azerbaijan back under the Russian tion survey in Azerbaijan. The survey cov- conditions. We believe that the IDPs—espe- yoke. A number of other ex-Soviet re- ered 55 districts with an estimated popu- cially children—are more susceptible to ma- publics have been coerced into com- lation of 620,000 IDPS and the non-IDP popu- laria due to their high levels of anemia and lation of the country for comparison pur- general poor health. promised relationships with Moscow, poses. Because of section 907 of the Freedom Fifth, we will not prejudge CDC’s final con- because they have been unable to build Support Act, CDC’s part of the survey could clusions. Nonetheless, we believe that mal- strong national institutions. only focus on the IDP population, using PVO nutrition and miserable living conditions in Azerbaijan has so far resisted Rus- support. WHO/UNICEF focused on the gen- camps, rail cars and decrepit public build- sian and Iranian pressure and is striv- eral population with government of ings have severely damaged an entire gen- ing to maintain its sovereignty by de- Azerbiajan support. Parvanta highlighted eration of IDP children. We need to rethink veloping its large oil reserves. the following preliminary findings of the the possibility of targeting medical assist- The suffering and privation aggra- survey. ance to these IDP children. It will involve some contact with the government but the vated by section 907, however, make FOOD INSECURITY Forty-nine percent of all IDP families and assistance would be provided through PVOs. the Azerbaijan’s quest for sovereignty The humanitarian need is there. The admin- more difficult. 29 percent of resident families surveyed, skipped meals during the week before the istration should go to the Congress and de- Mr. President, I know that the Azeri- survey. scribe the suffering of Azerbaijan’s IDPs and Armenian conflict evokes deep passion Members of 46 percent of IDP households the importance of the United States doing in many of my colleagues, but the eas- and of 31 percent of resident households had something about this on humanitarian ing of the suffering of displaced civil- not eaten meat during the preceding 2 weeks. grounds. The authors of FSA 907 did not in- tend to prevent refugee children from receiv- ians, children and refugees is not a po- STUNTED GROWTH IN CHILDREN ing medical care and food supplements nec- litical statement, it is a moral impera- Children in Azerbaijan suffer fromn chron- essary to lead normal lives. There is a crying tive. ic health and nutrition problems that lead to need for more help from western donors—in- The war in the Caucasus is now wind- stunted growth. The long term functional cluding the United States—to provide basic ing to a close on terms favorable to Ar- implications on physical work capacity, in- health care for Azerbaijan’s IDPs, the need- menia and the Armenian population of tellectual development and overall health iest people in the region. Nagorno-Karabakh. While a peace trea- may be significant. Recurrent clinical and sub-clinical infections, as well as nutritional ty has not yet been signed, both sides THE IMPACT OF SECTION 907 OF THE FREEDOM deficiencies (particularly micronutrients) SUPPORT ACT ON DELIVERY OF HUMANI- in the war have shown a desire to nego- may be responsible for this condition. TARIAN ASSISTANCE TO AZERBAIJAN—OCTO- tiate and turn their embattled coun- Parvanta stressed that stunted growth was BER 21, 1994 tries to the task of rebuilding and re- higher among IDP children aged 6–11 months PURPOSE OF REPORT (30.7%) than the same age group in resident covery. Clarifying section 907 is essen- The purpose of this report is to respond to population (21.3%). tial to speed that process. language of the Senate Appropriations Com- Mr. President, this issue presents us HEALTH CARE: OUT OF REACH mittee report on the Fiscal Year 1995 foreign with a simple question: Does the Unit- Poor access to health care is currently a operations appropriations bill (Report No. ed States want to act now to speed the serious problem, particularly for IDPS in 103–287, page 77) stating that: process of recovery, rebuilding, and de- Azerbaijan. Most often, ill people who want ‘‘Within 60 days of enactment of this bill mocratization, or do we want to stand treatment cannot afford it. (Despite a public into law, the President shall report to the health system which supposedly provides by and allow want and isolation to Congress of [sic] the impact of section 907 of free medical care, Azeris must pay to obtain the Freedom Support Act (Public Law, 102– doom Azerbaijan and the Caucasus as a medical treatment.) Thirty-seven percent of 511) on efforts by private voluntary organiza- whole to a future of instability, people surveyed said that they did not seek tions to provide humanitarian, refugee, and authoritarianism, conflict and subjuga- medical treatment the last time someone in disaster assistance.’’ tion to reactionaries in Moscow? their family was sick. The main reason, spec- This report provides background on hu- I commend Senator BYRD for his ini- ified in 68 percent of cases, was an inability manitarian relief needs in Azerbaijan, a de- tiative in seeking to clarify the section to pay. scription of United States Government-fund- Twenty-four percent of IDP children and 16 907 ban. ed PVO humanitarian assistance operations percent of the resident children (ages 0 to 59 in Azerbaijan, and an assessment of the im- EXHIBIT 1 months) were reported to suffer from diar- pact of Section 907 on these activities. SUBJECT: A GENERATION LOST: ALARMING rhea. BACKGROUND NEWS ABOUT THE HEALTH OF IDP CHILDREN Seventeen percent of the surveyed popu- As a result of the conflict over the status lation were discovered to have iodine defi- First, summary: The 900,000 refugees and of the Nagorno-Karabakh region, Azerbaijan ciency disorders (goiter). The prevalence of internally displaced persons [IDPS] remain has one of the world’s worst refugee/inter- the world’s forgotten tradegy. The tragedy goiter varies considerably by region. Seventy percent of IDP children 12 to 23 nally displaced person (IDP) situations. The must end now. According to the preliminary current estimated numbers in these two cat- results of a CDC/UN health survey on the months old were reported to suffer from ane- mia. Parvanta said that this figure is far egories are: IDPS—they have health problems that are Refugees (mostly from Armenia) 250,000 significantly worse than CDC anticipated. higher than they expected to find here. If iron deficiency is the main cause of anemia Internally Displaced Persons That the IDPS suffer from poor nutrition, (IDP) ...... 658,000 lack of access to health care and chronic di- in Azerbaijan, then many children risk sig- nificant and potentially irreversible con- arrhea among children was predictable. How- Total ...... 908,000 sequences to their mental development. Ane- ever, much more shocking were the CDC’s Of the IDPs, 10% are currently living in or- mia is also a wide-spread problem for adults. findings of stunted growth in children, a ganized camps, and the rest are either living Third, Parvanta cautioned that CDC would high incidence of goiter and widespread ane- with host families, in public buildings, gov- have to further analyze the data before mia. Some of this could result in mental re- ernment-provided shelters (sanatoria), hos- reaching final conclusions. The Ambassador tardation for the worst affected children in tels, unused railway wagons, or crude earth asked whether the survey work had uncov- the camps. This is not 1992. The authors of pits. ered evidence of the WHO-reported malaria FSA 907 did not intend that the U.S. Govern- Some key facts regarding the condition of among IDPS. He said that they had not al- ment not respond to such suffering of little Azerbaijan’s IDPs and refugees: hepatitis though this was yet not mosquito season. kids. On humanitarian grounds, the United cases increased by 144% since January 1993; Noting that he has previously worked in Ar- States must act—even if it means some con- water-borne diseases among children are up menia, Parvanta added that living condi- tact with the government public health serv- 18% and salmonellosis is up 70% in the first tions are considerably worse for the IDPS in ice—to meet this long-ignored crisis. End eight months of 1994 compared to all of 1993; Azerbaijan than refugees in Armenia. summary. the leading cause of infant mortality and Second, Ibrahim Parvanta of the Centers COMMENT main reason for hospitalization is acute res- for Disease Control [CDC] met with the Am- Fourth, we commend CDC for this evalua- piratory infections; drugs previously sup- bassador on April 19 to discuss the prelimi- tion of the state of health and nutrition of plied by the former Soviet central system nary results of CDC’s aid-funded medical sur- IDPs in Azerbaijan. The CDC’s unexpected have decreased from 75% of the country’s vey of IDPS in Azerbaijan. From March 27 findings that young IDP children suffer from needs to 5%. through April 19, the World Health Organiza- stunted growth, anemia and goiter are A substantial portion of Azerbaijan’s terri- tion [WHO], the Centers for Disease Control alarming. As previously reported, there are tory, including most of the best agricultural and Prevention [CDC] and UNICEF, in col- reports from WHO and others that malaria is land, is occupied by Nagorno-Karabakh Ar- laboration with Relief International [RI] and a growing problem in southern Azerbaijan at menian forces, and there has been substan- Medicines Sans Frontieres/Holland [MSF/H] the southern camps near Sabirabad and tial damage to the infrastructure. S8856 CONGRESSIONAL RECORD — SENATE July 25, 1996 Budgetary insolvency has severely strained with the state sector, invested great time This is really a bilateral matter be- the ability of the social welfare system to and effort in trying to secure privately- tween Turkey and Armenia which continue to support over one million bene- owned warehouse space for storage of relief should be worked out between those ficiaries. Some 200 schools country-wide are commodities. In the end there was no alter- two states. As a result of that House occupied by refugees and IDPs (58,500 chil- native to the state-owned facility. Once use provision, the ambassador from Turkey dren are unable to attend school on a regular of the state-owned facility was chosen, the basis). issue of rent payment continued to com- has asked us to retract our provision of Of the total IDP/refugee population, those plicate relations with the facility manage- economic aid. That is a sorry state of most in need—i.e. those who have few or no ment, as the PVO believed Section 907 pre- affairs. They would rather not have the alternative sources of income—are estimated cluded compensation of any state-owned fa- aid if it is tied up in conditions that to number 430,000. Some of the families cilities for services. are onerous to the Turkish government hosting the displaced, pensioners, orphans, Another issue has arisen in connection and people. I do not blame the Turkish handicapped and disabled people bring the with one of the warehouses being used by government for its reaction to this pro- total vulnerable population in need of assist- this PVO—repairs to state-owned facilities. vision. I understand that the Commit- ance to 450,000. One of the warehouses in question has devel- tee has struck that House provision UNITED STATES GOVERNMENT-FUNDED PVO oped a leaky roof. Believing that Section 907 and I congratulate Senator MCCONNELL PROGRAMS IN AZERBAIJAN precluded use of PVO funds to make essen- tial warehouse repairs to protect relief com- and Senator LEAHY for that. That is USG-funded humanitarian assistance pro- the responsible thing to do. grams in Azerbaijan are being implemented modities in the warehouse, the PVO has cov- ered the supplies with tarpaulins but fears Mr. MCCONNELL. That is correct. by several US PVOs. USAID-funded PVO ac- Mr. BYRD. On the matter of Azer- tivities are managed by Save the Children that some damage to the commodities will Federation (SCF) under an umbrella grant. result when seasonal rains arrive. In this baijan, I understand that the House in- SCF-managed programs are principally in case, the PVO’s efforts to comply strictly cluded a provision which would imply the areas of food, health care, and shelter for with Section 907 resulted in wasted time, en- separate legal status to Nagorno- refugees and IDPs. USDA is implementing ergy, and probably damaged relief commod- Karabagh, a region of Azerbaijan. The several food assistance programs for refugees ities. international community, through the and IDPs through US PVOs under the Food RELIEF-RELATED REHABILITATION OF PUBLIC Organization for Security and Coopera- for Progress program. USAID provides funds BUILDINGS tion in Europe has already recognized and food commodities for international orga- The rehabilitation of public buildings the current borders of Azerbaijan as nizations delivering relief in Azerbaijan. being used as shelter by displaced persons in These resources are delivered to bene- Azerbaijan was a priority need identified by constituting its territorial integrity. ficiaries through PVOs. one implementing USG-funded PVO. How- Thus, a separate legal status for Nagorno-Karabagh is opposed by the IMPACT OF SECTION 907 ever, as the PVO believed that Section 907 international community and is The principal impact of Section 907 of the precluded repairs (in this case winterization FREEDOM Support Act on delivery of hu- and sanitation upgrades) to state-owned against the policy of the United States. manitarian assistance by private voluntary buildings, the project was not implemented. I understand, again, that the sub- organizations (PVOs) to those in need in As a large number of displaced persons and committee struck the provision. Azerbaijan has been to complicate or pre- refugees are necessarily accommodated in Mr. MCCONNELL. That is correct. clude activities involving unavoidable con- public buildings not designed as residential Mr. BYRD. Further, humanitarian tact or interaction with government-con- structures, this aspect of Section 907 has had aid to Azerbaijan has been interrupted trolled enterprises, institutions, and facili- a major impact on delivery of assistance to because of a policy adopted in 1992 to those in need in Azerbaijan. ties. In many cases where relief activities cut off U.S. aid to that nation as a re- can be conducted in compliance with Section LOCAL PROCUREMENT OF GOODS AND SERVICES sult of its conflict with Armenia. In 907, the restrictions of that legislation have In some cases PVOs have interpreted Sec- 1992, a war between Armenia and Azer- increased costs of operations and thereby re- tion 907 in a manner that precluded local duced the scope and impact of the activities. procurement of essential goods and services, baijan led Congress to ban direct U.S. As the state domination of the entire econ- or made such procurement more difficult and aid to Azerbaijan. This was included as omy inherited from the Soviet era has barely more costly. For example, one POV project Section 907 of the 1992 law called the changed in Azerbaijan, Section 907 has had a involved improving access to safe water sup- Freedom Support Act, which was in- substantial impact on delivery of humani- plies by drilling wells. However, the only tended to provide economic and other tarian assistance. Following are examples of available company that could preform the aid to former Soviet republics to assist the impact of Section 907 to date. work was state-owned, so the project was not their transition to free and independ- MEDICAL SERVICES implemented. ent states with solid ties to the West Section 907 has blocked or complicated de- Because of the way they have interpreted Section 907, USG-funded PVOs trying to pro- and open markets for American busi- livery of medical assistance to those in need ness. As currently interpreted, Section by USG-funded PVOs. As Azerbaijan’s public cure goods locally have made prolonged ef- forts to find privately owned vendors or sup- 907 prevents U.S.-funded non-govern- health system is entirely state-controlled, it mental organizations from dealing is very difficult to implement some medical pliers. In many cases the privately owned assistance projects without providing assist- suppliers are merely intermediaries who pass with Azerbaijan’s government in carry- ance through government instrumentalities. on state-produced goods at a higher price. In ing out humanitarian missions. In for- To ensure that it was not violating Section addition, exclusion of state-owned sources merly-Soviet Azerbaijan, the govern- 907, one PVO developed a limited, parallel has made competitive bidding impractical, ment still controls a large portion of health care program for the displaced along- and probably resulted in higher costs. the economy, making it difficult, side the government program, which is AID TO TURKEY AND AZERBAIJAN under Section 907, for aid organizations wasteful and contrary to good public health Mr. BYRD. Mr. President, I would to deliver much-needed help to Azer- practice. This same PVO has also refrained like to engage the subcommittee lead- baijan’s population, nearly a million of from utilizing locally available medical per- ership in a colloquy regarding our pol- sonnel in its programs because they are all whom are displaced persons and refu- icy toward Turkey and the Caucasus in gees. government employees, an obstacle that has this bill. The importance of this strate- severely limited the PVO’s ability to reach The findings of a recently released those in need. Finally, many public health gic region for U.S. policy can hardly be report on the refugee health crisis in activities such as child immunization are by overstated, and the bill as passed by Azerbaijan, by the U.S. Center for Dis- their very nature best conducted via the the House has a number of very trou- ease Control, UNICEF and the World state health system, but because of Section blesome provisions. Health Organization cites serious dif- 907 PVOs have felt they are unable to assist Senator MCCONNELL, as I understand ficulties in delivering vital medical in these basic preventative programs. it, the House bill as it passed has sev- supplies and other aid because Section USE OF STATE-OWNED INFRASTRUCTURE/ eral provisions that have the prob- 907’s ban on direct U.S. aid has been FACILITIES ability of damaging our relations with broadly interpreted and used to re- As virtually all facilities and transpor- Turkey, our ally, and Azerbaijan, our strict the delivery of such aid. This was tation equipment in Azerbaijan are state- friend to the east of Turkey in the never the intent of Section 907. Am I owned, compliance with Section 907 has Caucasus. The Turkey provision would made use of basic infrastructure (ware- correct in this statement? houses, truck fleets, and other transpor- link our aid to forced admissions by Mr. MCCONNELL. That is entirely tation and storage equipment) difficult. the Turkish government on historic correct, the section was never intended One USG-funded PVO operating in Azer- events, admissions that are strongly to restrict the delivery of humani- baijan has, in an attempt to reduce contact repugnant to and rejected by Turkey. tarian aid. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8857 Mr. BYRD. The House has included a this important matter and in the fate sistance * * * may not be provided to provision which would set up an artifi- of that region and U.S. interests there, the Government of Azerbaijan until the cial ratio of humanitarian aid relative which are vital. President determines, and so reports to to Azerbaijan and its region of Mr. BYRD. I thank the Senator. I ask Congress, that the Government of Nagorno-Karabagh. Such ratios have unanimous consent that a copy of the Azerbaijan is taking demonstrable no precedent in the delivery of humani- letter which I referred to dated July 11, steps to cease all blockades and other tarian aid and are clearly unworkable. 1996 to me from Ms. Barbara Larkin, offensive uses of force against Armenia I understand the subcommittee has Acting Assistant Secretary of State for and Nagorno-Karabakh.’’ struck that provision. Legislative Affairs be printed in the The need for humanitarian aid in Mr. MCCONNELL. That is, again, RECORD. Azerbaijan is great, and Section 907 correct. Such an artificial mechanism There being no objection, the letter makes it difficult for aid organizations in directing humanitarian aid has was ordered to be printed in the to deliver the much-needed assistance never been used and I do not know how RECORD, as follows: to the people of Azerbaijan, nearly a it could be administered. U.S. DEPARTMENT OF STATE, million of whom are displaced persons Mr. BYRD. It is in our interest to en- Washington, DC, July 11, 1996. and refugees. The U.S. Center for Dis- sure that humanitarian aid get DEAR SENATOR BYRD: This letter is in re- ease Control, UNICEF and the World through to all needy people who are sponse to your request for our views on lan- Health Organization have all cited seri- suffering as a result of the war. The guage on assistance to Azerbaijan included ous difficulties in delivering vital med- chairman, in the action of the full in the report accompanying the FY 97 Senate ical supplies and other aid to Azer- Foreign Operations bill. You are aware of committee, included language sug- baijan because of Section 907’s ban on our long-standing position regarding aid to direct U.S. aid. However, this was gested by the ranking member and my- Azerbaijan. self which clarified our intent that hu- As written, this language, as well as simi- never the real intent of Section 907. Re- manitarian aid be effectively delivered lar report language accompanying the House port language which clarified the in- using the facilities of the government bill, is useful in clarifying congressional in- tent that humanitarian aid be deliv- of Azerbaijan. If the facilities of that tent on interpretation of Section 907 of the ered using the facilities of the govern- ment of Azerbaijan has been added to government are not used, much of the FREEDOM Support Act insofar as the deliv- ery of humanitarian assistance is concerned, this bill. I understand that Senator aid would not be able to be delivered, and is consistent with our views in this re- BYRD agreed to withhold his amend- as I understand it. Further, I have a gard. We understand this language to express ment, which I co-sponsored, with the letter from the Department of State in- the congressional view that Section 907 understanding that the chairman will dicating the Administration agrees en- should not be interpreted to preclude non- defend the Senate position in con- governmental and international organiza- tirely with this policy and stating the ference and continue to resist the intent of the Administration to revise tions from using and repairing Government of Azerbaijan facilities or services to deliver House provisions. its State Department guidelines in re- It is important to recognize the eco- gard to that region in order to ensure humanitarian assistance to needy civilians, and that humanitarian supplies may be nomic and strategic potential of Azer- there is no further ambiguity as to the transferred to Government personnel for the baijan. The country, known as ‘‘the delivery of food, medicines and the like purpose of distribution. Further, we under- Kuwait of the Caspian’’ has proven oil into Azerbaijan with the assistance of stand that the Committee intends that reserves of three billion barrels. Ex- government personnel and facilities needy civilians be permitted to receive as- perts has put the ultimate potential of there such as warehouses, clinics and sistance in growing their own food for suste- the country as high as forty billion other logistical support. nance, and are not precluded from selling the barrels of oil. Gas reserves of the coun- excess in the private sector. We understand Mr. MCCONNELL. Yes I understand try are 184 billion cubic meters on the the guidelines will be issued promptly that the Committee expects, as do we, pri- vate voluntary and international organiza- discovered fields. In 1994, a consortium after the passage of this bill. of Western oil companies signed an Mr. BYRD. There is still some con- tions to maintain effective monitoring pro- cedures to assure appropriate supervision eight billion dollar production sharing cern on the part of the organizations over supplies and recipients. agreement with the government of that deliver the aid that a statutory Consistent with current law and the FY 97 Azerbaijan. They have a thirty year provision recognizing this policy might Appropriations process, we intend to revise contract to work on the Guneshli- be needed to ensure the aid can in fact the State Department and USAID guidelines Chirag-Azeri offshore fields. U.S. com- regarding the provision of assistance to be delivered as we intend. I have pre- panies have a good opportunity now to pared such an amendment and it is co- Azerbaijan to reflect this mutual under- standing of Section 907’s scope. establish a commercial relationships sponsored by Senators LEAHY, REID, Please do not hesitate to contact me if I with Azerbaijan. JOHNSTON, JEFFORDS, INOUYE, COHEN, can be of further assistance. The strategic potential of Azerbaijan LUGAR, and MURKOWSKI. The language Sincerely, is also very important, and should be would directly reflect the report lan- BARBARA LARKIN, brought to the attention of policy- guage already agreed to. However, I am Acting Assistant Secretary, makers. Russia, the United States, the willing to withhold that amendment if Legislative Affairs. European Union, Turkey and Iran all the chairman can assure me that he AID TO AZERBAIJAN have a great interest in the geo-politi- will defend the Senate position in con- Mr. MURKOWSKI. Mr. President, I cal and economic state of affairs in ference and continue to resist the oner- rise today to speak in support of Sen- Caspian Sea Rim Region. Whether the ous House provisions I have referred to ator BYRD’s comments regarding aid to pipeline from Baku to Novorossiisk regarding Turkey and Azerbaijan. Azerbaijan in his colloquy with Sen- will be able to be used, presents a sta- Lastly, I would ask that the language ator MCCONNELL. I understand that bility question, since it passes through regarding the delivery of humanitarian Senator BYRD had intended to offer an war-torn Chechnya. In addition, while aid that we included in the Senate amendment, which I cosponsored, to U.S. oil company’s have forty percent committee report be included in the the foreign operations appropriations of the shares in one project and grow- Statement of Managers of the Con- bill on this issue. ing financial participation in other ference Report. Mr. President, Azerbaijan is the only projects in the Caspian Rim, they have Mr. MCCONNELL. I appreciate the one of the fifteen former Soviet Repub- accepted Russia’s leading role. Finally, Senator’s position. I fully intend to re- lics to be denied assistance in the Free- Azerbaijan how has a secular muslim sist the House provisions he referred to dom Support Act. Humanitarian aid to government, however, there is a Is- and we are in complete agreement on Azerbaijan has been denied as a result lamic fundamentalist influence that what should be the nature of sound of its conflict with Armenia. Section Azerbaijan has so far resisted, that is U.S. policy toward this region. I will 907 of the Freedom Support Act, as cur- cause for concern. But Azerbaijan will support the Senate position in con- rently interpreted, prevents U.S.-fund- not be able to develop, and reach its ference, and I am sure that I will have ed nongovernmental organizations full potential if it is not able to receive the support of the ranking member and from dealing with Azerbaijan’s govern- the humanitarian assistance that it all of our conferees on this matter. I ment in carrying out humanitarian now needs from U.S. nongovernmental thank the Senator for his interest in missions. Section 907 states, ‘‘U.S. As- humanitarian organizations. S8858 CONGRESSIONAL RECORD — SENATE July 25, 1996 AMENDMENT NO. 5047 aid to Turkey at $33.5 million. I believe I am pleased to be an original co- Mr. MCCAIN. Mr. President, Senator that was a fair compromise. sponsor of the Simon-Kassebaum DOMINICI offered an amendment this Mr. President, the reasons why Con- amendment which restores the designa- evening to condition International gress felt compelled to cap aid to one tion of the Development Fund for Afri- Military Education and Training of our allies are several. I will not go ca. [IMET] assistance to Mexico on Mexi- into detail on these reasons because Mr. President, as the ranking Demo- can authorities apprehending and be- the record, most recently updated in crat of the Africa Subcommittee, I ginning prosecution of, or extraditing the rigorous House debate on these is- have become increasingly aware of how to the United States, drug traffickers. sues, is quite substantive. There are the 48 countries of sub-Saharan Africa I fully agree with the sentiment of four key concerns: Repeated human represent important security concerns the amendment. Stemming the flow of rights violations, its refusal to comply for the United States. As we head to- drugs into the United States is abso- with the Humanitarian Corridor Act ward the 21st century—an era that will lutely vital to the quality of life and and allow aid shipments to Armenia, no doubt be marked by transnational future of our Nation. I believe that we its continued military occupation of concerns—Africa is becoming even should encourage Mexican authorities Cyprus, and its abuse of the Kurdish more relevant to United States inter- to do everything in their power to take minority. On the last point, I am con- ests, our economic, political, humani- action against drug traffickers. How- cerned particularly with the use of tarian, and security concerns. ever, I also believe that denying them American military equipment against Long-term development assistance to IMET assistance is not the proper way the Kurds. African nations—whether through bi- of going about it. It’s common practice for Congress to lateral or multilateral channels—di- There are certainly other more bene- use foreign aid as leverage to achieve rectly complements U.S. foreign policy ficial ways to improve the level of co- foreign policy and human rights goals. goals and national security interests. operation between our two nations. We I have long advocated tougher restric- There are several examples of this should not be in the business of threat- tions on aid to Turkey to achieve a complementarity. ening and coercing our friends. peaceful, free and united Cyprus. I have First, we have an interest in a safe The continuation of IMET assistance called on the President to suspend and healthy environment. The rapid is important in its own right, military sales to Turkey until it im- spread of the Ebola virus demonstrated unconnected to the level of cooperation proves its human rights record. And I some of the vulnerabilities on the con- we receive on the issue of drug traffick- was a cosponsor of the Humanitarian tinent. Now, unfortunately, the rates ing. Exposing foreign militaries to U.S. Corridor Act. of HIV and AIDS infections in Africa military procedure and ethics promotes I believe we sent a very strong signal are the highest in the world, and they our values. It helps create among these to Turkey last year when we agreed to are continuing to rise rapidly. As we militaries a respect for the democratic cap economic assistance and passed the have seen, viruses do not need visas. rule of law and civilian leadership. Humanitarian Corridor Act. To retreat Second, we have an interest in ex- Over time, this assistance will foster a from that strong stand would send the panding trade and investment ties with far more productive United States- wrong signal and remove a vital piece the African continent. U.S. exports to Mexico relationship in the areas ad- of leverage we need to make progress Africa expanded by 22.7 percent in dressed by the amendment than will on the key issues I have raised. 1995—this is nearly twice the growth threatening sanctions As I said, I had intended to offer rate of total U.S. exports worldwide. TURKEY amendments to restrict economic as- Already U.S. exports to Africa equal 54 Mr. PRESSLER. Mr. President, I had sistance to Turkey. However, I believe percent more than our exports to the intended today to offer a series of that, if past is prologue, the best former Soviet Union. We export more amendments regarding economic as- course of action to pursue is to work to South Africa alone than to all of sistance to Turkey. These amendments with the distinguished Senator from Eastern Europe combined. would have been similar to the provi- Kentucky, the distinguished Senator Third, we have an interest in democ- sions included in the version of H.R. from Vermont, Senator LEAHY, and racy. Well over half of African nations 3540 that was approved by the House of their counterparts in the House. now can be considered democratic or Representatives on May 22. Specifi- I see the distinguished chairman of have made substantial progress toward cally, these provisions would cap eco- the Foreign Operations Subcommittee democracy. Many of these nations also nomic support funds [ESF] at $25 mil- on the floor. I would just urge that he are moving toward free-market econo- lion, and would lower that amount to take my concerns, the concerns of my mies. $22 million if the Government of Tur- colleagues and clearly, the concerns of Fourth, we have an interest in key failed to acknowledge the tragic the strong majority of our counter- human resource development. Sub-Sa- Armenian genocide that occurred from parts in the House into consideration haran Africa has the fastest growing 1915 to 1923. The House also approved a as he moves to conference on this legis- and poorest population in the world. A provision that would restrict the Presi- lation. substantial percentage of Africa’s pop- dent’s authority to waive aid restric- Mr. MCCONNELL. I thank my friend ulation is under 18 years of age. These tions against those countries found from South Dakota. I appreciate his children will soon grow to adulthood violating the Humanitarian Aid Cor- willingness to work with me to achieve and I would hope there will be opportu- ridor Act. an appropriate solution to the con- nities for them to engage in productive I support all these provisions. I know troversies surrounding economic as- activities. a number of my colleagues in the Sen- sistance to Turkey. This is a very con- At the same time, Africa’s infant and ate support them as well. However, the troversial issue. I know he has been an child mortality rates are 2 to 3 times bill before us on the floor does not con- outspoken advocate of a free, united higher than those in Latin America or tain any restrictions on economic aid Cyprus for many years now. He can be Asia. to Turkey. I would note that the bill assured that I will take his views into Finally, we have an interest in secu- would make the Humanitarian Cor- consideration as we go to conference on rity. It is unfortunate, but Africa also ridor Act permanent, and I commend this bill. is home to terrorist activity and to the distinguished chairman of the For- Mr. PRESSLER. I thank my friend drug and arms trafficking. eign Operations Subcommittee, Sen- from Kentucky. Mr. President, a stable African con- ator MCCONNELL, for doing so. DEVELOPMENT FUND FOR AFRICA tinent serves American interests. As my colleagues well know, what we Mr. FEINGOLD. Mr. President, as the The Development Fund for Africa have before us today is a replay of last Senate considers the foreign operations (DFA) was established nearly 10 years year’s appropriations process. Last appropriations bill for fiscal 1997, I ago specifically to ensure a steady year, the House capped economic aid to would like to share with my colleagues source of long-term development funds Turkey at $21 million, and the Senate once again my thoughts on the impor- for Africa. bill did not restrict economic assist- tance of our foreign assistance program In the past 8 years, the DFA has con- ance. The final bill capped economic in Africa. tributed to substantial gains in health July 25, 1996 CONGRESSIONAL RECORD — SENATE S8859 care, education, small business devel- LEAHY and myself outlining the Ad- rights in the East Timor including ar- opment, democracy, and stability. ministration’s policy toward arms bitrary arrests and detentions, curbs The DFA is about investing in devel- transfers to Indonesia. The letter on freedom of expression and associa- opment and not in crises. The types of said—and I quote—‘‘our current arms tion, and the use of torture and sum- challenges we face in Africa today are sales policy . . . prohibits the sale or mary killings of civilians. very complex and require long-term so- licensing for export of small or light Early last year, several riots and lutions. And this requires long-term in- arms and crowd control items until the demonstrations in East Timor were vestment. Secretary has determined that there broken up violently by the Indonesian By restoring the DFA account, we has been significant progress on human military. On January 12, 1995, outside give the administration the oppor- rights in Indonesia, including in East of Dili, the capital, six East Timorese tunity to capitalize on that invest- Timor.’’ In light of the Administra- civilians were shot and killed by Indo- ment. tion’s willingness to continue volun- nesian troops. In September, riots I will make a budgetary argument as tarily this prohibition on the sale of broke out in Maliana and in Dili that well. My colleagues know that since such items, we withheld offering statu- were motivated by intense religious my election to the Senate, I have been tory language on last year’s appropria- and ethnic tensions. a consistent deficit hawk. So, I always tions bill. The situation has deteriorated sharp- look for areas where we can cut waste- Mr. President, we are now debating ly in recent months. Just last month— ful Government spending. our foreign assistance program for a on June 10, 1996—graffiti drawn on a Mr. President, the Development Fund new fiscal year, and the situation in picture of the Virgin Mary in the town for Africa is not one of these areas. On the East Timor continues to worsen. As of Baucau provoked riots during which the contrary, it is one of the most ef- every member of this body knows, In- Indonesian security forces opened fire fective programs in our foreign assist- donesia has sustained a brutal military and at least 150 people were arrested. ance package. In fact, the Agency for occupation of East Timor since 1975. This incident reflects what Human International Development has based Every human rights organization in Rights Watch/Asia describes as ‘‘an many of its reform initiatives on les- the world has criticized Indonesia’s emerging pattern of provocative acts of sons learned through DFA programs. human rights record, particularly in religious desecrations or insult, fol- As a result of DFA assistance, Afri- lowed by mass protests, followed by a East Timor. The State Department has can farmers are growing more food, crackdown by security forces.’’ In fact, consistently reported human rights more children are attending primary the Baucau riots represent the third violations by Indonesia’s military, in- school, and more informal sector entre- such incident in East Timor in less preneurs have access to credit than was cluding in its most recent report. Since the Indonesians invaded East than one year. possible 10 years ago. Mr. President, I am deeply concerned Timor 20 years ago, more than 200,000 And the United States has played a that—despite the fact that the Govern- East Timorese—about a third of the key role in helping several African ment of Indonesia allowed for a visit to population—have died. But the Indo- countries experience dramatic drops in East Timor of the U.N. High Commis- nesian strategy of trying to control fertility through effective family plan- sioner for Human Rights, Jose Ayala ning and health care programs. East Timor through a combination of Lasso, in December 1995, and despite In sum, Mr. President, restoring DFA infrastructural development and tight the fact that the Government opened through the Simon-Kassebaum amend- internal security has failed to win ac- an office of the National Commission ment represents a sound investment in ceptance of Indonesian rule. Many on Human Rights in Dili . . . despite our relationship with the continent of Timorese are still marginalized and op- some of these positive developments— Africa. It does not call for any new pressed in their own homeland. Last the Government of Indonesia continues money. It does not take funds away year the United Nations Special to engage in extrajudicial executions from any other region. But it does sig- Rapporteur reported that he saw ‘‘an and killings and the systematic use of nal our continued interest in remain- atmosphere of fear and suspicion’’ in torture. ing engaged with Africa. East Timor and that people were afraid And the Indonesians have engaged in I would also note that passage of this to talk to him about the human rights these activities despite the country’s amendment would be a fitting tribute abuses they and their families had suf- great economic success of the past few for the Senator from Kansas and the fered. years. Mr. President, I would like to Senator from Illinois. These two Sen- Mr. President, East Timor made dispel any myths among my colleagues ators, who long ago recognized the im- international headlines in 1991 when that Indonesia’s progress on the eco- portance of remaining engaged with Af- the military massacred, by conserv- nomic front has led to any progress in rica, were instrumental in getting the ative estimates, at least 100 East its human rights record. DFA established in the first place. And Timorese who were attending a fu- So, we have seen no progress in both have demonstrated leadership on neral. The National Human Rights human rights in Indonesia. I had in- this issue throughout the years. Commission in Jakarta now says it has tended to propose an amendment which In honor of their hard work on this evidence that the massacre was ‘‘not a codifies the U.S. position on human and other issues of concern to Africa, I spontaneous reaction to a riotous mob, rights and arms sales to Indonesia. In urge my colleagues to pass this amend- but rather a planned military oper- the past, I have advocated a much ment. ation designed to deal with a public ex- more comprehensive arms ban, which I MILITARY SALES TO INDONESIA pression of political dissent.’’ wish we could pass. But a ban on small Mr. FEINGOLD. Mr. President, as the And the tension in East Timor con- arms and crowd control weapons em- Senate considers the foreign operations tinues to intensify, influenced in part phasizes a very important policy goal— appropriations bill, I would like to by the ongoing power struggles in Ja- that the United States is stepping once again raise the issue of the human karta, the increased resentment of the away from responsibility for human rights situation in Indonesia. presence of Indonesian military offi- rights abuses in Indonesia, and particu- As my colleagues may remember, in cers and vigilante groups, and the im- larly in East Timor. As I have said be- 1994, the Senate adopted an amendment migrant settlers brought in by Indo- fore in this body, it is especially impor- which I cosponsored with Senator nesia to consolidate their occupation of tant that we establish this linkage be- LEAHY to the fiscal year 1995 foreign the island. tween arms sales and human rights. operations legislation. A similar In sum, I want to make it clear that In the meantime, however, the ad- amendment was adopted by the For- Indonesia did virtually nothing in 1995 ministration has once again provided eign Relations Committee in the 1995 to improve its human rights record. A us with written assurances that the ex- authorization bill. These provisions re- change in United States policy regard- isting ban on light arms sales to Indo- stricted the sale of light arms to Indo- ing the sale of military equipment is nesia will remain in effect. With that nesia in light of concerns related to therefore unwarranted. understanding, I will refrain, again, East Timor. The State Department and independ- from efforts to codify this provision. Last year, however, the State De- ent human rights organizations all re- Mr. President, the administration’s partment sent a letter to Senator port continued abuse of basic human policy sends a clear message to the S8860 CONGRESSIONAL RECORD — SENATE July 25, 1996 leaders of Indonesia that the United tance of Alaska’s relationship with the have provided these communities with States will not be associated with nor Russian Far East, the second meeting communications facilities, small busi- will it tolerate their campaign of re- of the working group was held in An- ness training, advanced interships with pression against the people of East chorage, AK, in March 1996. It was a American business, and technical as- Timor. very productive and successful event. I sistance since 1993. We do not want to support human encourage all Senators from west coast Continued funding of the American- rights abuses in East Timor. We do not States to become involved in the work Russian Center is ultimately cost-sav- want weapons manufactured in the of the group and to encourage busi- ing to the American taxpayer. The cen- United States involved in massacres of nesses in their states to do so as well. ter is seeking to become self-sufficient peaceful protestors or in interrogations The next meeting of the working group by 1998. At present, local Russian in- of activists that oppose the Indonesian will take place in Khabarovsk, in the dustries and governments are support- armed forces. We do not want U.S. Russian Far East, from September 22 ing 70 percent of the cost for training arms used to kill and torture the peo- to 24, 1996. Russian personnel in the United ple of East Timor. I have seen first-hand the growth in States, and they have pledged 100 per- Mr. President, I am pleased that the business activity between the States of cent support by 1997. The operation of the west coast and the Russian Far administration is continuing this pol- these centers by the American-Russian East. The economic reform efforts tak- icy. I ask unanimous consent that the Center will play an important role in ing place in the Russian Far East, in text of the letter be printed in the the future of market development and such cities as Vladivostok and RECORD. democracy building in the Russian Far There being no objection, the letter Khabarovsk are significant. For exam- East. was ordered to be printed in the ple, Vladivostok, once a closed city, RECORD, as follows: now has a stock exchange. Economic MICRO CREDIT U.S. DEPARTMENT OF STATE, reform will also progress as develop- Mr. GORTON. Mr. President, micro Washington, DC., July 25, 1996. ment of the oil and natural gas fields enterprise loans help people become Hon. RUSSELL D. FEINGOLD, on the continental shelf north and self-sufficient and lift themselves out U.S. Senate, northeast of Sakhalin Island. The oil of poverty. Micro credit programs ex- Washington, DC. development is being led by two major tend small loans to the poor for self- DEAR SEN. FEINGOLD: The Administration shares your concern about reports of human international oil consortiums with U.S. employment projects that generate in- rights abuses in Indonesia. We continue to partners. They have already announced come. These programs generally offer raise our concerns in meetings with Indo- that they will start designing projects various services and resources as well nesian officials, and Secretary Christopher on Sakhalin Island worth $30 billion. as credit for self-employment. Micro made a point of meeting with human rights Alaskans and citizens of other west credit has shown its ability to fight activists during his visit to Jakarta this coast States will be involved in that poverty and its importance to poor week. development. There are also gold, dia- people around the world. Approxi- We understand you may be considering an amendment to the Foreign Operations Ap- mond, timber, and fisheries industries mately 8 million needy people who live propriations bill that would further restrict in the region. The Russian Far East’s in developing countries are helped by the types of defense items that can be sold or resources could provide the engine for Micro credit programs. licensed for export to Indonesia. While we growth, through its export revenues, Micro credit programs have also been support your objective, we believe this for the economic restructuring of all of useful in developed countries, where amendment is unnecessary. The Administra- Russia. many thousands of people receive tar- tion’s policy already prohibits the sale of I have promoted ties between Alaska small arms, crowd control equipment, and geted loan funds and specialized coun- and the Russian Far East. In 1989 I seling that help them with preparing armored personnel carriers, which we all helped make possible, and traveled on agree should not be sold or transferred to In- for self-employment. According to a re- donesia until there is significant improve- the groundbreaking first flight from cent Catholic Relief Service evalua- ment in the human rights situation there. Nome to Providenya. From that initial tion, ‘‘97% of the members from two es- This policy has been effective, and the Ad- step, relations between Alaska and the tablished banks in Thailand found ministration will continue to abide by the Russian Far East have gone very far, their income had increased by between policy. very fast. The working group is doing $40 and $200 per year.’’ We hope this information is responsive to an outstanding job of setting priorities As Results, a non-governmental orga- your concerns. Please do not hesitate to con- and coordinating joint efforts to move tact us if we can be of further assistance. nization concerned with issues of world forward on projects and programs that Sincerely, poverty, points out in a recent draft of will benefit both Russians and west BARBARA LARKIN, its Micro credit Summit Deceleration: coast States by building and increasing Assistant Secretary, ‘‘Increasingly, Micro credit it being Legislative Affairs. business ties between the two regions. linked programmatically to savings The projects of the working group will RUSSIAN FAR EAST AND AMERICAN-RUSSIAN plans that either require or strongly CENTER bring about greater private sector de- encourage savings by borrowers. Prac- Mr. MURKOWSKI. Mr. President, I velopment in the Russian Far East. titioners have found that the ability to rise today in support of language in the The group has already proven to be an save funds * * * is an important self- Senate report for the foreign oper- essential and integral part of the eco- help tool for very poor people, allowing ations appropriations bill underlining nomic reform effort currently under- them to build assets essential to long- the importance of the work of the way in Russia. term financial security and self-suffi- United States West Coast-Russian Far In addition to my support for the ciency.’’ East Ad Hoc Working Group, and of the working group, I would also like to American-Russian Center in Anchor- take this opportunity to express my This is an important testament to age, AK. support for the American-Russian Cen- how an individual, ultimately respon- Mr. President, the Gore- ter in Anchorage, AK. The Senate has sible for his own well being, can pros- Chernomyrdin Commission’s United wisely funded it in the foreign oper- per with a little push, where none ex- States West Coast-Russian Far East Ad ations appropriations bill at the isted before. Hoc Working Group, under the leader- amount of $2,500,000 for its operation We can observe the benefits of Micro ship of Jan Kalicki, the Counselor to and training programs. The center has credit in many countries, where indi- the Department of Commerce, is doing played an important role in the growth viduals, with help, have become self- an outstanding job of developing a bi- of business and exchanges between sufficient enough to make great eco- lateral framework that will lead to in- Alaska and the Russian Far East. The nomic strides. Micro enterprise lending creased trade and investment between purpose of the center is to provide busi- is a worthwhile venture that I am glad the Russian Far East and west coast ness training and technical assistance to support. I also want to commend the States. The first meeting of the work- to the Russian Far East. It has train- Subcommittee on Foreign Operations ing group was held in Seattle, WA, in ing facilities in Yakutsk, Khabarovsk, for expressing its support of micro en- June 1995. In an example of the impor- Magadan, and Sakhalin Island. They terprise funding, specifically its intent July 25, 1996 CONGRESSIONAL RECORD — SENATE S8861 that at a majority of all micro enter- for the loan of the group’s members be- the leadership of the Republic of prise resources be focused on the poor- cause it is the group and not the bank Zimbabwe for its constructive actions est people. Perhaps the primary con- that evaluates loan proposals. If all and hope there will be no further need duit for micro enterprise lending by five in the group repay their loan for this committee to review this mat- this Government is AID’s program with promptly, they are guaranteed credit ter nor contemplate action to remedy nongovernmental organizations. AID for the rest of their lives. complaints by United States citizens. should continue its efforts in this re- But the bank also follows borrowers THE EXPORT-IMPORT BANK gard, and should maintain an aggres- to save money and never forgives a Mrs. MURRAY. Mr. President, I rise sive approach to the micro enterprise loan, although they may restructure. to make a few remarks about the for- issue. Grameen helps their clients attain eign operations legislation for fiscal A.I.D. FUNDING OF MICROENTERPRISE PROGRAM their entrepreneurial potentials and year 1997. Let me begin by com- Mr. BINGAMAN. Mr. President, dur- encourages a culture of self-help and plementing both Chairman MCCONNELL ing the consideration of the foreign op- self-reliance. and Senator LEAHY for bringing this erations appropriations bill, I want to The Grameen model is now being fol- bill to the floor today. As a member of address the issue of microenterprise fi- lowed by many established nongovern- the subcommittee, I appreciate the nance as a tool for sustainable develop- mental organizations. In fact, many lengths to which both of these Sen- ment in developing countries. are developing new and innovative ap- ators have gone to accommodate me I realize that Third World develop- proaches that are showing enormous and the citizens of Washington State. ment efforts have received much criti- ingenuity and success. This is important legislation; issues cism in this body, but here is an emerg- I strongly support this more creative including the Middle East peace proc- ess, the growth of democracy in the ing theory and technique for offering and productive approach to providing former Soviet Union, efforts to combat financial services to the poor that is foreign aid to developing countries, and disease and starvation around the similar to those found in any financial am appreciative of the efforts of the globe, international family planning system. committee chairman and ranking and job-creating export assistance fi- I understand that the microenter- member, Senators MCCONNELL and nancing are all part of this bill. Few prise program is based on the concept LEAHY, for the report language of the pieces of legislation address so many that giving poor people access to finan- foreign operations appropriation bill that A.I.D. maintain last year’s level of issues of importance to this country— cial services can allow them to partici- economic issues, national security is- pate in the private sector, rely on their funding microenterprise programs. Microenterprise loans average less sues and others associated with our entrepreneurial spirit, and be given a role as the world’s lone superpower. chance to rise out of poverty. than $140, but the impact this small amount of money has on the loan re- Importantly, this is all accomplished The microenterprise program has for an investment that represents less gained increasing recognition as a cre- cipients is enormous. At least half of the microenterprise resources are iden- than 1 percent of the Federal budget. ative and successful way to provide for- I am particularly pleased that the tified to make loans of less than $300 to eign aid to developing countries. Appropriations Committee fully funded those in the poorest half of the poverty Traditionally, most Western aid pro- our assistance program to Russia to line. This guarantees that microenter- grams emphasize increasing credit to foster the growth of democracy and prise funds are directed toward those the poor at subsidized interest rates. build important new markets for Unit- who need it the most. The funds go to But Mr. President, creating and main- ed States goods and services. My home taining such distortions in Third World individuals, not to governments. State of Washington is actively in- Microenterprise loans give people a economies does not benefit the poor; in volved in Russia, particularly the Rus- way to transform their lives. These fact, most of such subsidized credit sian Far East. Educational, cultural, funds provide a way to become self-suf- serves those already established in the health and athletic exchanges, numer- ficient, and allows people to begin to private and public sectors. Instead, if ous sister city relationships, the West meet their own needs in the areas of you can reach the poorest of the poor Coast Working group of the Gore- health, educating their children, and and enable them to become self-em- Chernomyrdin Commission, and of ployed or create micro-business, then improving their living environment. course, international trade and com- at least they face the possibility of Most important, the microenterprise merce with Russia have all captivated emerging from poverty. program gives people hope for the fu- the citizens of Washington State. In addition, poor people and espe- ture. Washington State has demonstrated a Microenterprise foreign aid money is cially women, face barriers to credit commitment to developing and expand- recycled. As money is paid back it is that are often based on a set of con- ing ties with the Russian Far East by used for new loans to others. Eventu- straints including a lack of collateral locating a state office in Vladivostock. and being perceived as a bad credit ally the microenterprise programs get I have already mentioned that this risk. linked into the formal financial sys- bill addresses many national interests There are many examples where tem, and the effect is expanded even of concern to the United States. Any of these misperceptions have been proven more. The microenterprise program which could be explored in greater de- wrong. will help millions of families. tail today here on the floor of the Sen- The Grameen Bank, for example, has My colleagues in this Chamber have ate. I want to take a few moments to become an international success story given strong and sustained support to focus on the provisions of this bill that when talking about microenterprise fi- the microenterprise program. I com- promote exports from the United nance. It is an organization for the mend them for recognizing this States—the job creators of this legisla- poor and has accessed 2 million poor in project’s utility and worth. This pro- tion—and specifically, the Export-Im- the past 15 years. It has 1,050 offices gram effectively promotes economic port Bank of the United States. and serves 35,000 villages, 94 percent health in poor countries, and should re- This legislation provides nearly $770 being women. The customers, who are ceive the highest possible commitment million to the Export-Import Bank of also part owners, obtain small loans for from A.I.D. the United States for fiscal year 1997. self-employment from which they gen- ZIMBABWE Ex-Im is the great equalizer for U.S. erate income to repay the loans and Mr. MCCONNELL. Mr. President, this firms seeking to export abroad in a support their families. Grameen ex- committee was prepared to deal with a competitive global marketplace. A tends credit without collateral but current trade dispute and nationaliza- marketplace where our international only has a 2 percent default rate, tion of foreign assets in Zimbabwe, but competitors are spending vastly great- equivalent to that of any Western has withdrawn action relying upon the er sums of money in support of their bank. good faith representations of Ambas- exporters. For example, in 1994, Japan To qualify for a loan, a client must sador Midzi of the Republic of provided export financing to nearly 40 join a 5-member group and a 40-member Zimbabwe that the problems involving percent of all that nation’s trade deals. center and attend weekly meetings. United States companies have been In the same time period, Canada fi- The client must assume responsibility mediated successfully. We congratulate nanced almost 20 percent of its exports. S8862 CONGRESSIONAL RECORD — SENATE July 25, 1996 U.S. export financing through the Ex- es an outstanding controversy regard- are chosen to mutually benefit both Im bank equaled 3.3 percent—a figure ing the Bank’s provision of so-called the United States and the collaborat- significantly below virtually all of our retention bonuses. The bill restricts ing partner. The benefits of these re- trade partners. funding for the salary and expenses of search programs don’t flow one way, It is estimated that the fiscal year the chairman and president of the but flow in both directions. 1997 appropriation will support between Bank until Mr. Kamarck is confirmed Finally, unlike most United States $15 and $18 billion in exports. Think by the regular process of the Senate. A collaborative research programs, or as- about it, the Export-Import Bank will full Senate hearing is, after all, the sistance programs in general, Poland, leverage its $770 million appropriation best forum to question Mr. Kamarck’s the Czech Republic, Hungary, and Slo- to generate $15–$18 billion in economic actions and his nomination to lead the vakia, match dollar for dollar the Unit- activity—job creating economic activ- Bank. I urge the Senate to proceed im- ed States contribution to the joint re- ity—right here in the United States in mediately with a hearing for Mr. search funds for their countries. This the next year. For several pennies, the Kamarck. shows the importance they attach to American taxpayer, through Ex-Im, Additionally, this legislation cuts ad- this collaboration. In fact, I have just will support nearly 500,000 American ministrative expenses for the Export- received a joint letter from the Ambas- jobs. And export-related jobs have Import Bank by nearly $7 million. This sadors of these four countries stressing shown to pay approximately 13-percent punitive action is another expression of their governments’ support and finan- more than nonexport jobs. The Ex-Im congressional frustration over the re- cial commitment to the programs. I Bank is sustaining and creating family tention bonus issue. My concern is that have also received letters from Amer- wage jobs all across this country. in our zeal to protest previous Bank ac- ican researchers stating the benefits of In my own State of Washington, the tions, we will actually be harming the this program. I want to stress that Ex-Im Bank is having a significant im- Bank’s ability to help America’s ex- every dollar of funding supports re- pact on trade promotion and job cre- porters. I hope my colleagues in the search projects—there are no overhead ation. Many identify the Boeing Co. Congress and the administration will costs associated with these joint re- with the Export-Import Bank. While come together to address outstanding the relationship between the bank and search funds. I believe that these cooperative re- the aerospace industry is often over- Bank issues prior to this bill becoming stated, it is important to note that ap- law. search and development programs ex- This legislation also provides impor- proximately 2,000 small businesses in emplify the type of programs we should tant funding for the Overseas Private Washington State do contracting work support with these countries and are in Investment Corporation [OPIC] and the for the Boeing Co. So when Ex-Im helps line with the goals of our assistance the United States commercial aircraft Trade and Development Agency [TDA]. programs in Eastern Europe and the industry develop new markets for air- Both of these entities are also impor- Baltics. craft in Poland and Lithuania, Ex-Im tant components in the U.S. Govern- I would ask the distinguished rank- supports jobs at small businesses ment’s trade promotion arsenal. ing member if he agrees with my as- Mr. President, in my mind, the trade across my State. sessment of these collaborative re- There are numerous examples of the and export promotion provisions of this search programs and that guidance Export-Import Bank aiding Washing- legislation represent a partnership provided to the Agency for Inter- ton State businesses seeking to export with states across the country. In national Development should encour- abroad. With Ex-Im assistance, Pacific Washington State, by virtue of our lo- age AID to make a contribution to Propeller, a propeller manufacturer cation and history, we enjoy important these four programs in fiscal year 1997 and overhauler, located in Kent, WA cultural and economic ties with vir- at the level these programs received in secured $7.5 million of important work tually every corner of the world. De- fiscal year 1996. in Indonesia. Connelly Skis exported spite an activist statewide commit- Mr. LEAHY. Mr. President, I would its recreational equipment including ment to international trade, Washing- say to the Senator from Maryland that the new ‘‘Big Easy’’ water ski to Bel- ton State needs the backing of the Fed- I will urge the conferees to include in gium, Columbia, South Africa, and Ja- eral Government to counter the re- the statement of manager’s language maica. And the Lamb Weston Corp. sources of the Japanese and German to provide sufficient guidance to the shipped Washington State french fries Governments and those of our other Administrator of AID to allow funding to Argentina, Chile, Guatemala, and international trade partners. For a for these important agreements. Aruba. This was all done with assist- minuscule investment, agencies like Ms. MIKULSKI. Mr. President, I ance from Ex-Im—all of these export the Export-Import Bank, the Overseas thank the Senator from Vermont for deals may not have occurred without Private Investment Corporation and this important clarification. Ex-Im assistance. Clearly, the Export- the Trade and Development Agency all Mr. DOMENICI. Mr. President, the Import Bank of the United States is a provide needed support—financial and Senate is now considering H.R. 3540, major contributor to my State’s efforts consultative—to U.S. exporters. the Foreign Operations and Export Fi- to compete and succeed in inter- Ms. MIKULSKI. Mr. President, I wish nancing appropriations bill for Fiscal national trade. Few recognize the bene- to engage the distinguished ranking Year 1997. fits of this small appropriation to the member of the Foreign Operations Ap- The final bill provides $12.2 billion in Export-Import Bank, many work and propriations Subcommittee, Senator budget authority and $5.2 billion in prosper due to this agencies important LEAHY in a colloquy regarding the use new outlays to operate the programs of work. of Agency for International Develop- the Department of State, export and Ex-Im is the lender of last resort; ment funds designated for Assistance military assistance, bilateral and mul- meaning the bank finances only deals for Eastern Europe and the Baltics. tilateral economic assistance, and re- that will not go through without as- This legislation provides funds for lated agencies for Fiscal Year 1997. sistance. The bank supports U.S. ex- Assistance for Eastern Europe and the When outlays from prior year budget porters when foreign governments offer Baltics. One of the more successful pro- authority and other completed actions subsidized financing to competitors, grams we have established in the re- are taken into account, the bill totals when private financing is unavailable gion are the joint research programs $12.3 billion in budget authority and or when small businesses are unable to we have with Poland, the Czech Repub- $13.4 billion in outlays for Fiscal Year locate commercial banks willing to lic, Hungary, and Slovakia. In addition 1997. provide financing. Importantly, the Ex- to funding high-quality, competitively Although the subcommittee is over Im bank is a vital tool for small busi- awarded joint research grants, these its section 602(B) allocation for out- nesses seeking to export. Support for programs strengthen ties between our lays, with enactment of section 579, the small businesses represented almost 80 countries, and expose foreign research- bill will be $76 million in budget au- percent of all Export-Import Bank ers to the American research system. thority and $7 million in outlays under transactions during fiscal year 1995. This program also enables American the subcommittee’s 602(B) allocation. I do have several reservations about researchers to form partnerships with I commend the committee for sup- the language in the bill which address- Eastern European researchers. Projects porting full funding for the North July 25, 1996 CONGRESSIONAL RECORD — SENATE S8863 American Development Bank in the ments support 70 percent of the cen- preserving international security, sav- bill. ter’s costs and that they have pledged ing American soldiers from having to Mr. President, I ask unanimous con- 100 percent support by 1997. For purely go into battle—which would truly cost sent that a table displaying the budget budgetary reasons—$2.5 million in any us a lot of money—than this $25 mil- committee scoring of this bill be print- bill is not insignificant—I hope they lion. I know that the administration ed in the RECORD. will follow through on their pledges. I right up to the President feels that I urge the adoption of the bill. will be following the program carefully very, very strongly. There being no objection, the table to see that this is the case. I believe that we have achieved two was ordered to be printed in the Unlike the bill, the committee report very significant accomplishments with RECORD, as follows: contains several comments on the ad- the addition of the Murkowski-McCain visability of funding particular pro- second-degree amendment. This is all FOREIGN OPERATIONS SUBCOMMITTEE SPENDING about keeping promises. The Agreed TOTALS—SENATE-REPORTED BILL grams that cause me some concern and would appear to have specific members’ Framework of October 1994 was a very [Fiscal year 1997, in millions of dollars] interest at heart. significant agreement between the United States, South Korea, Japan, Budget Outlays First, the report ‘‘directs’’ AID to authority make at least $2 million available for and North Korea, the Democratic Peo- Nondefense discretionary: the core grant of the International Fer- ples’ Republic of Korea. Outlays from prior-year BA and other actions We are saying, by overriding the completed ...... 72 8,253 tilizer Development Center based in H.R. 3540, as reported to the Senate ...... 12,174 5,123 Alabama. committee’s recommendation to cut Scorekeeping adjustment ...... Second, it ‘‘strongly encourages’’ the funding down to $13 million, that Subtotal nondefense discretionary ...... 12,246 13,376 support for programs conducted by the we promise $25 million a year to fund Mandatory: this agreement. The Congress says we Outlays from prior-year BA and other actions University of Hawaii in Pacific re- completed ...... gional development. It ‘‘strongly sup- are going to keep that agreement. We H.R. 3540, as reported to the Senate ...... 44 44 are going to fund up to the $25 million. Adjustment to conform mandatory programs ports’’ the university’s efforts to de- with Budget Resolution assumptions ...... velop a United States-Russian partner- But we expect the North Koreans to keep their end of the bargain as well. Subtotal mandatory ...... 44 44 ship to educate young voters. and it ‘‘encourages’’ AID to collaborate with We are counting on the administration Adjusted Bill Total ...... 12,290 13,420 to effectively monitor the agreement Senate Subcommittee 602(b) allocation: the university in health and human Defense discretionary ...... services training. and report to Congress if there is any Nondefense discretionary ...... 12,250 13,311 indication that the North Koreans are Violent crime reduction trust fund ...... Third, it ‘‘supports’’ $750,000 for Flor- Mandatory ...... 44 44 ida International University’s Latin not keeping their end of the bargain. So far, I say, so good. I think the sec- Total allocation ...... 12,294 13,355 American Journalism Program. Fourth, it ‘‘urges’’ AID to support ond-degree amendment greatly im- Adjusted bill total compared to Senate Sub- the research activity on pests of Mon- proves my underlying amendment. I committee 602(b) allocation: am grateful, again, to my two col- Defense discretionary ...... tana State University. Nondefense discretionary ...... ¥4 65 Fifth, it ‘‘encourages’’ AID to sup- leagues, Senators MURKOWSKI and Violent crime reduction trust fund ...... MCCAIN, for the way in which we have Mandatory ...... port the education program of the Uni- gone at this. versity of Northern Iowa in Slovakia. Total allocation ...... ¥4 65 I thank the Chair, and I yield the Last, it ‘‘urges’’ the International Note: Details may not add to totals due to rounding. Totals adjusted for floor. consistency with current scorekeeping conventions. Fund for Ireland to support the work of Montana State University, Virginia f Mr. MCCAIN. The foreign operations Commonwealth, and Portland State. MORNING BUSINESS appropriations bill is generally a bill Again, all of these matters are listed that does not have a problem with ear- Mr. MURKOWSKI. Mr. President, I in the report, not the bill, and I would marks designed to benefit the States of ask unanimous consent that there now individual members. This is the case remind the agencies concerned that be a period for morning business. again this year. Having said this, I do they are under no legal obligation to The PRESIDING OFFICER. Without have some concerns about the bill and spend the funds as directed. objection, it is so ordered. report in this regard and would like to Mr. MURKOWSKI. Mr. President, it f briefly outline them. is my understanding the rollcall vote will be tomorrow on the Lieberman GAO REPORT ON MOTOR FUELS: There is a specific appropriation for ISSUES RELATED TO REFORMU- $2.5 million in the bill for the Amer- amendment. The PRESIDING OFFICER. The Sen- LATED GASOLINE, OXYGENATED ican-Russian Center to provide busi- FUELS, AND BIOFUELS ness training and technical assistance ator’s understanding is correct. to the Russian Far East. I have no rea- Mr. MURKOWSKI. Outside of the Mr. DASCHLE. Mr. President, a re- son to doubt the utility of this pro- windup, which I understand I have been port released last week by the General gram. It may offer valuable assistance entrusted with, I have no further com- Accounting Office [GAO] concludes to the NIS, and I have long been a sup- ments. that the reformulated gasoline [RFG] porter of such assistance. However, if, Mr. LIEBERMAN addressed the program is a cost-effective means of re- as I am informed, AID would have Chair. ducing ozone pollution and easing our spent roughly the same amount of The PRESIDING OFFICER. The Sen- Nation’s vulnerability to oil supply dis- funds on this program without the ear- ator from Connecticut. ruptions and related price shocks. Con- mark, it is not clear to me why it re- Mr. LIEBERMAN. Mr. President, gress ought to pay close attention to quired an earmark. Why cannot AID briefly, let me thank my friend and the conclusions of this study as it simply fund the program out of a larg- colleague from Alaska for his excellent seeks to wean the nation off imported er account, as it apparently has in the statement and, of course, for the spirit petroleum and further improve air past? of partnership with which we have gone quality throughout the Nation. I accept AID’s support of the pro- forward on this. This independent analysis confirms gram and I do not object to the provi- If I read this right, the foreign oper- that the reformulated gasoline pro- sion. But as with any appropriations ations bill that is before us would ap- gram is good for the economy and good bill, a specific request for funding, propriate over $12,217,000,000. This for the environment. RFG, which re- which AID did not make in this case, is amendment concerns $25 million of duces emissions of volatile organic very helpful in evaluating the need for that—a speck. For anybody individ- compounds and toxic air pollutants by it when it appears in the bill as an ear- ually, $25 million is a lot of money. As 15 percent, displaces significant mark. The cause of a useful program is part of this bill, it is a very, very small amounts of petroleum, much of which only helpful by AID listing such things percentage. is imported. Given the gasoline price as priorities. I can tell you personally, I don’t be- shocks that this country recently expe- There are assurances in the report lieve that there is any part of this bill rienced and the petroleum displace- that Russian industries and govern- that is a better investment, in terms of ment goals established by Congress in