E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 105th CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, SEPTEMBER 1, 1998 No. 113 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, September 9, 1998, at 12 noon. Senate TUESDAY, SEPTEMBER 1, 1998

(Legislative day of Monday, August 31, 1998)

The Senate met at 9:30 a.m., on the SCHEDULE MILITARY CONSTRUCTION APPRO- expiration of the recess, and was called PRIATIONS ACT, 1999—CON- to order by the President pro tempore Mr. HUTCHINSON. Mr. President, FERENCE REPORT [Mr. THURMOND]. this morning, the Senate will imme- diately proceed to a vote on adoption The PRESIDING OFFICER. Under PRAYER of the conference report to accompany the previous order, the Senate will now the military construction appropria- consider the report of the committee of The Chaplain, Dr. Lloyd John conference on the bill (H.R. 4059) mak- Ogilvie, offered the following prayer: tions bill. Following that vote, the Senate will begin consideration of S. ing appropriations for military con- Almighty God, gracious Father, our struction, family housing, and base re- Refuge and our Strength, our very 2334, the foreign operations appropria- tions bill. Members are encouraged to alignment and closure for the Depart- present Help in times of trouble, we re- ment of Defense for the fiscal year end- spond to Your call to pray. You are the offer and debate amendments to the foreign operations bill during today’s ing September 30, 1999, and for other Instigator of prayer because You have purposes. created us to know, love, and serve session so that substantial progress The Senate proceeded to consider the You. We respond with wonder that You can be made on this important legisla- conference report. would use us to get Your work done tion. this day. Forgive us when we try to ac- As a reminder to all Members, a con- (The conference report is printed in complish what we falsely think is our sent agreement has been reached with the House proceedings of the RECORD of work, done for our own glory. Create in respect to the Texas low-level waste July 24, 1998.) us hearts fit to be filled with Your compact conference report. That legis- Mr. BURNS. Mr. President. I am very presence, open minds ready to think lation, along with any other legislative pleased to bring before the Senate the Your thoughts, and responsive wills de- or executive items cleared for action, military construction conference re- siring Your will for our Nation. Go be- may also be considered during today’s port for fiscal year 1999. fore us to show the way. Help the Sen- session. This conference report was adopted ators to live expectantly, knowing that by the House of Representatives by a I thank my colleagues for their at- You will provide serendipities, wonder- vote of 417 to 1. It was sent to the Sen- tention. ful surprises of Your grace and good- ate and now waits our final passage. ness in pressures and problems. You Mr. President, I suggest the absence We have worked hard with our House are in charge, Father; this is Your Na- of a quorum. colleagues to bring the military con- tion. We commit ourselves to enjoy the The PRESIDENT pro tempore. The struction conference to a successful privilege of working for You today. clerk will call the roll. conclusion. Both bodies took a dif- Through our Lord and Savior. Amen. The assistant legislative clerk pro- ferent perspective on the allocation of ceeded to call the roll. military construction funding for the f Department of Defense. In the final Mr. BURNS. Mr. President, I ask conference report, we met our goals of RECOGNITION OF THE ACTING unanimous consent that the order for promoting quality of life initiatives MAJORITY LEADER the quorum call be rescinded. and enhancing mission readiness. The PRESIDENT pro tempore. The The PRESIDING OFFICER (Mr. This bill has some points I want to able Senator from Arkansas is recog- HUTCHINSON). Without objection, it is highlight. It provides a total of $8.4 bil- nized. so ordered. lion for military construction. Even

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

S9715

. S9716 CONGRESSIONAL RECORD — SENATE September 1, 1998 though this is an increase of $665 mil- (At the request of Mr. BURNS, the fol- H.R. 4059, MILITARY CONSTRUCTION APPROPRIATIONS, lion over the President’s budget for fis- lowing statement was ordered to be 1999 SPENDING TOTALS—CONFERENCE REPORT— cal year 1998, it is still a reduction of printed in the RECORD:) Continued $759 million from what was appro- ∑ Mr. DOMENICI. Mr. President, the [Fiscal year 1999, in millions of dollars] priated last year—an overall reduction pending military construction appro- Non- of 8.8 percent. priations conference report provides Category De- de- Crime Man- Total Some 42 percent of the bill is allo- $8.5 billion in new budget authority fense fense datory cated to family housing—a total of $3.5 and $2.6 billion in new outlays for mili- Outlays ...... billion. This includes new construction, tary construction and family housing 1998 level: improvements to existing units and programs for the Department of De- Budget authority ...... ¥446 ...... ¥446 Outlays ...... ¥412 ...... ¥412 funding for operation and maintenance fense for fiscal year 1999. President’s request: When outlays from prior-year budget Budget authority ...... 666 ...... 666 of that housing. Outlays ...... 126 ...... 126 The base realignment and closure authority and other actions are consid- House-passed bill: part of the bill account for 19 percent ered, the outlays for the 1999 program Budget authority ...... 216 ...... 216 Outlays ...... 98 ...... 98 of our total funding—about $1.6 billion. total $9.2 billion. Senate-passed bill: This encompasses funding for environ- Compared to 1998 appropriations, this Budget authority ...... ¥31 ...... ¥31 Outlays ...... 65 ...... 65 mental clean-up of the closing bases bill is $446 million lower in budget au- Note.—Details may not add to totals due to rounding. Totals adjusted for and construction of new BRAC-related thority, and it is $412 million lower in consistency with current scorekeeping conventions.• facilities. outlays. I continue to be concerned about the This legislation provides for con- Mrs. MURRAY. Mr. President, I am growing costs of environmental clean- struction by the Department of De- pleased to join my chairman, Senator up at our BRAC installations. These fense for U.S. military facilities BURNS, in bringing to the Senate our costs frequently continue long after we throughout the world, and it provides conference report on the 1999 military have closed these bases. for family housing for the active forces construction appropriation bill. We strongly protected quality of life of each of the U.S. military services. Favorable action in the Senate today initiatives. We provided $716 million Accordingly, it provides for important will send this conference report to the for barracks, $34 million for child de- readiness and quality of life programs President, making it the first of the velopment centers and $184 million for for our service men and women. regular 1999 appropriations bills to be hospital and medical facilities. The bill is within the revised section passed by Congress. This is a note- We provided a total of $480 million 302(b) allocation for the Military Con- worthy accomplishment, and I hope it for the Guard and Reserve components. struction Subcommittee. I commend will set the stage for swift action on Overall, this represents an increase of the distinguished subcommittee chair- the remaining appropriations bills. $300 million from the President’s budg- man, the Senator from Montana, for We had to make some very tough et request. Many of those projects will bringing this bill to the floor within choices on this bill. Our conference enhance the readiness and mission ca- the subcommittee’s allocation. agreement totals $8.4 billion. This is pabilities of our Reserve and Guard Earlier, because CBO had not ad- $760 million less than what was appro- forces, vital to our national defense. justed its baseline, prior year military priated last year. Given the tight budg- I thank my ranking member, Senator construction outlays had not been re- et confines in which we were operating, MURRAY, for her assistance and support vised to reflect Congress’ override of there were many worthy projects that throughout this process. She and her President Clinton’s line-item veto of 37 we could not fund. Not one Senator or staff were extremely cooperative. fiscal year 1998 projects. This adjust- one State was exempt from this belt- I commend this product to the Sen- ment would have revised prior year tightening—not Senator BURNS, not ate and recommend that it be signed by outlays upward by $112 million. This me, and not our leadership. Neverthe- the President without delay. $112 million has now been added back less, we held ourselves to a high stand- It is nice to see everybody back from to the CBO baseline and CBO’s scoring ard of fairness and equity, and our con- vacation and the August break. I think of this legislation. Accordingly, this ference report reflects that effort. This most of us had time to travel around conference report contains no report satisfies to the best of our abil- our States and talk with our folks at scorekeeping adjustments. ity the national and international pri- home and to bring back maybe some I urge the adoption of the conference orities of our military services as well new ideas. I remind this body that for report. as the regional priorities that our col- the first time in the history of this Mr. President, I ask that a table leagues conveyed to us. Most impor- country, better than 50 percent of our showing the relationship of the bill to tant, it provides funding for scores of military forces are found in our Na- the subcommittee’s section 302(b) allo- needed projects throughout the United tional Guard and our Reserves. If we cation be printed in the RECORD. States and overseas that will support continue to trend that way, then the The table follows: America’s military personnel, both ac- infrastructure that it will take for tive and reserve, as they carry out those folks to be properly trained—and H.R. 4059, MILITARY CONSTRUCTION APPROPRIATIONS, their mission to defend and protect our let’s face it, those who serve in the 1999 SPENDING TOTALS—CONFERENCE REPORT Nation. Guard and the Reserves are as dedi- [Fiscal year 1999, in millions of dollars] The State of our Nation’s military cated men and women to the national readiness continues to be a pressing Non- security of this country as anybody Category De- de- Crime Man- Total concern. Although we often equate else, but they will need the infrastruc- fense fense datory readiness with equipment or troop ture in which to operate. Conference report: strength, it is important to remember This administration did not really Budget authority ...... 8,450 ...... 8,450 that basic military construction— Outlays ...... 9,185 ...... 9,185 fully fund our infrastructure for our Section 302(b) allocation: troop barracks, family housing, vehicle Guard and our Reserves, but this Con- Budget authority ...... 8,450 ...... 8,450 maintenance centers, and the like—is Outlays ...... 9,185 ...... 9,185 gress did. I congratulate this Congress 1998 level: at the core of military readiness. This for doing so, because it becomes more Budget authority ...... 8,896 ...... 8,896 bill is the vehicle through which we Outlays ...... 9,597 ...... 9,597 and more important every day that President’s request: provide the basic, essential infrastruc- these dedicated Americans who wish to Budget authority ...... 7,784 ...... 7,784 ture necessary to support our troops Outlays ...... 9,059 ...... 9,059 serve their country as citizens, sol- House-passed bill: and advance military readiness. diers, airmen, marines, and sailors Budget authority ...... 8,234 ...... 8,234 I urge all of my colleagues to support Outlays ...... 9,087 ...... 9,087 have the infrastructure in which to Senate-passed bill: this conference report and speed it to keep them trained and to keep their Budget authority ...... 8,481 ...... 8,481 the President for his signature. This is dedication and their morale as high as Outlays ...... 9,120 ...... 9,120 the product of a smooth, fair, and bi- we can possibly make it. CONFERENCE REPORT partisan process. I commend Chairman COMPARED TO: URNS I heartily recommend this conference Section 302(b) allocation: B for his swift and skillful han- report. Budget authority ...... dling of this bill. I commend his staff, September 1, 1998 CONGRESSIONAL RECORD — SENATE S9717 Sid Ashworth, and my staff, Ben for members to even consider adding gressional response to these critical de- McMakin, Christina Evans, and Emelie projects of questionable merit. Sadly, ficiencies has not been ideal. East, for their diligence and thorough- the sheer volume of unrequested, low- In this bill alone, there are 45 addi- ness in preparing this bill for our con- priority projects present in this bill— tional, unrequested Guard and Reserve sideration. It is a good bill, and I hope 142 domestic projects in all, at a cost of projects; five control towers at Air that all of my colleagues will be able some $977 million—betrays an attitude Force bases that currently have oper- to join me in supporting its passage. of ‘‘business as usual’’ by the members ational control towers; twelve child de- Mr. MCCAIN. Mr. President, I stand of Congress. velopment or physical fitness centers; before the Senate today to express my I was encouraged by the fact that an $8.3 million fence for Fort Bragg; deep disappointment over the egre- there were no new projects added by and many more projects of question- gious number of low-priority, Congres- the conferees as they crafted this com- able merit—nearly $700 million worth. sionally earmarked military construc- promise legislation. That display of tion projects that are contained in the discipline is laudable. However, it pales The fact remains that funds for our conference report on the Fiscal Year in comparison to the gross misuse of national defense are limited. We have a 1999 Military Construction Appropria- critical defense dollars to fund mem- duty to ensure our men and women in tions Bill. bers’ pet military construction uniform are ready to fight and win I am dismayed that, at a time when projects. wars decisively, expeditiously, and our nation’s military is perilously Recently the Navy announced that with minimum loss of life. Robbing close to becoming a ‘‘hollow force’’— its pilot retention rate is at its lowest from readiness to pay for unadulter- due in great part to a decade of declin- point since aviation continuation pay ated, member sponsored military con- ing defense budgets and increased com- was instituted more than a decade ago. struction projects does not contribute mitments—members of both bodies The Air Force is currently retaining to that end. have once again directed precious only 28 percent of its pilots. The pay of Mr. President, I look forward to the funds away from the services’ readiness service members lags an embarrassing day when the Military Construction and modernization needs toward their 14 percent behind the civilian sector. Bill will be devoid of low-priority, own parochial interests. I am dis- We are deploying some of our forces to member-requested pork. I urge my col- mayed, but given the long tradition of combat zones that are not meeting es- leagues to exercise the restraint re- egregious member adds, I am not sur- tablished readiness standards. Can- quired to make that day a reality. prised. nibalization rates are increasing. Mis- Now, more than ever, the security of This year’s Military Construction sion capable rates are dropping. Nearly our nation depends upon it. Appropriations Bill was crafted under 12,000 personnel are eligible for food the additional stricture of the Bal- stamps. The number and scope of train- I ask unanimous consent that a list anced Budget Agreement of 1997. The ing exercises have been curtailed as a of questionable adds be printed in the agreement established firm funding result of insufficient funding, resources RECORD. limits to the National Defense budget. and manpower. The list indicating the There being no objection, the mate- With these constraints in place, one decaying readiness of our armed forces rial was ordered to be printed in the would think that it would be difficult goes on and on. Unfortunately, the con- RECORD, as follows: QUESTIONABLE ADDS IN THE FY 1999 MILITARY CONSTRUCTION CONFERENCE REPORT

Cost in State Base Facility thousands

Alabama ...... Fort Rucker ...... Simulation center ...... $10,000 Alabama ...... Fort Rucker ...... Fire station ...... 4,300 Alabama ...... Redstone Arsenal ...... Airfield operations center ...... 1,550 Alabama ...... Montgomery ...... Office ...... 6,000 Alaska ...... Fort Wainwright ...... Barracks renewal ...... 16,000 Alaska ...... Fort Richardson ...... Improve family housing (40 units) ...... 7,400 Alaska ...... Fort Wainwright ...... Vehicle wash facility ...... 3,100 Alaska ...... Kulis ANG Base ...... Vehicle maintenance and fire station ...... 10,400 Arizona ...... Luke AFB ...... Control tower ...... 3,400 Arizona ...... Tucson Airport ...... Support complex ...... 7,500 Arkansas ...... Little Rock AFB ...... Upgrade sewage plant ...... 1,500 Arkansas ...... Pine Bluff Arsenal ...... Ammunition demilitarization facility Phase III ...... 16,500 Arkansas ...... Benton ARNG ...... Readiness center ...... 1,988 California ...... Travis AFB ...... New control tower ...... 4,250 California ...... Fort Irwin ...... Child development center ...... 5,100 California ...... Fort Irwin ...... Education center ...... 2,700 California ...... Camp Pendleton ...... Improve family housing (171 units) ...... 10,000 California ...... Camp Pendleton ...... Fitness center ...... 5,010 California ...... Camp Pendleton ...... Helicopter outlying field ...... 7,180 California ...... NAWC China Lake ...... Live fire complex ...... 6,900 Colorado ...... Fort Carson ...... Railyard expansion ...... 23,000 Connecticut ...... Naval Sub Base, New London ...... Waterfront recapitalization ...... 11,330 Delaware ...... Dagsboro ...... Readiness center ...... 3,609 Florida ...... NAS Jacksonville ...... Add/alter building #118 ...... 1,500 Florida ...... Mayport Naval Station ...... Afloat training group facility ...... 3,163 Florida ...... Mayport Naval Station ...... Wharf electrical improvements ...... 3,000 Florida ...... McDill AFB ...... Dining facility ...... 4,800 Florida ...... Tyndall AFB ...... Control tower ...... 3,600 Florida ...... Eglin AFB ...... Assault strip runway ...... 5,100 Florida ...... Homestead AFB ...... Dormitory ...... 4,600 Florida ...... NAS Whiting Field ...... 8 helicopter pads ...... 1,400 Georgia ...... Moody AFB ...... Improve family housing (68 units) ...... 5,220 Georgia ...... Albany Marine Base ...... Child development center ...... 2,300 Georgia ...... NAS Atlanta ...... Hangar addition ...... 4,100 Georgia ...... Sub Base Kings Bay ...... Degaussing facility ...... 2,550 Hawaii ...... Schofield Barracks ...... Land purchase ...... 23,500 Hawaii ...... Marine Corps Base, Hawaii ...... BEQ ...... 15,000 Hawaii ...... Hickam AFB ...... Replacement civil engineering facility ...... 5,100 Idaho ...... Mountain Home ...... Munitions storage facility ...... 4,100 Idaho ...... Mountain Home ...... Munitions storage igloo ...... 1,500 Illinois ...... NTC Great Lakes ...... Small arms range ...... 6,790 Indiana ...... Hulman Regional Airport ...... Corrosion control facility ...... 6,000 Indiana ...... NSWC Crane ...... Airborne electronic warfare center ...... 11,110 Iowa ...... Sioux Gateway Airport ...... Add/alter aircraft corrosion control facility ...... 6,500 Iowa ...... Des Moines ...... Police operations building ...... 4,000 Kansas ...... Fort Riley ...... Barracks complex renewal ...... 16,500 Kansas ...... McConnell AFB ...... Add/alter avionics shop ...... 5,900 Kansas ...... McConnell AFB ...... Water storage and pumping facility ...... 4,450 Kansas ...... Forbes Field ...... Hangar upgrade ...... 9,800 Kentucky ...... Fort Knox ...... Multi-purpose digital training range ...... 7,000 Kentucky ...... Fort Campbell ...... Improve family housing (104 units) ...... 8,800 Kentucky ...... Fort Campbell ...... Barracks complex renewal ...... 7,000 Kentucky ...... Standiford Field, Louisville ...... Replace composite aerial port ...... 4,100 Louisiana ...... Barksdale AFB ...... Physical fitness center ...... 9,300 Louisiana ...... NAS New Orleans ...... BEQ ...... 9,520 S9718 CONGRESSIONAL RECORD — SENATE September 1, 1998 QUESTIONABLE ADDS IN THE FY 1999 MILITARY CONSTRUCTION CONFERENCE REPORT—Continued

Cost in State Base Facility thousands

Louisiana ...... NAS New Orleans ...... Galley addition ...... 1,730 Louisiana ...... NAS New Orleans ...... Renovate hangar #4 ...... 5,200 Louisiana ...... Fort Polk ...... Rail loading facility ...... 8,300 Maryland ...... Fort Mead ...... Emergency services center ...... 5,300 Maryland ...... US Naval Academy ...... Demolish towers ...... 4,300 Maryland ...... NSWC Indian Head ...... Scale up facility ...... 6,590 Massachusetts ...... Hanscom AFB ...... Renovate management facility ...... 10,000 Massachusetts ...... Barnes ANGB ...... Army aviation support facility ...... 9,274 Michigan ...... Alpena County Regional Airport ...... Fire Station ...... 5,100 Michigan ...... Selfridge ANG Base ...... Upgrade buildings ...... 9,800 Minnesota ...... Minneapolis-St. Paul Airport ...... Consolidated lodging facility ...... 3,236 Mississippi ...... Brookhaven ...... Guard training center ...... 5,247 Mississippi ...... Columbus AFB ...... 52 units of family housing ...... 6,800 Mississippi ...... Columbus AFB ...... BOQ ...... 5,700 Mississippi ...... Meridian ...... Air operations facility ...... 3,280 Mississippi ...... Keesler AFB ...... Replace 52 units of family housing ...... 6,800 Mississippi ...... Stennis Space Center ...... Operations support facility ...... 5,500 Missouri ...... Fort Leonard Wood ...... Barracks ...... 23,000 Missouri ...... Rosecrans Memorial Airport ...... Upgrade parking aircraft apron ...... 9,600 Montana ...... Helena ...... Reserve center ...... 21,690 Montana ...... Malstrom AFB ...... Replace housing (50 units) ...... 10,000 Montana ...... Malstrom AFB ...... New dormitory ...... 7,900 Nebraska ...... Lincoln Municipal Airport ...... Medical training facility ...... 3,350 Nevada ...... Nellis AFB ...... 28 units of family housing ...... 5,000 Nevada ...... Carson City ...... Readiness center ...... 5,860 New Jersey ...... Fort Dix ...... Ammunitions supply point ...... 8,731 New Jersey ...... Fort Monmouth ...... Software engineering center addition ...... 7,600 New Jersey ...... Picatinny Arsenal ...... Munitions facility ...... 8,400 New Mexico ...... Taos ...... Readiness center ...... 3,300 New Mexico ...... Holloman AFB ...... Fitness center ...... 11,100 New Mexico ...... Kirtland AFB ...... Repair weapon integrity building ...... 6,800 New Mexico ...... White Sands Missile Range ...... Improve family housing ...... 3,650 New York ...... Fort Drum ...... All weather weapons training facility ...... 4,650 New York ...... Fort Drum ...... Aerial gunnery range Phase II ...... 9,000 New York ...... Syracuse ANG ...... Upgrade parking apron ...... 9,500 New York ...... Niagara Falls ...... Maintenance facility ...... 3,900 North Carolina ...... Fort Bragg ...... Fences ...... 8,300 North Carolina ...... Seymour Johnson AFB ...... Library ...... 6,100 North Carolina ...... Seymour Johnson AFB ...... Improve family housing (70 units) ...... 8,000 North Carolina ...... Fort Bragg ...... Barracks upgrade ...... 10,600 North Dakota ...... Minot AFB ...... Taxiway repair ...... 8,500 North Dakota ...... Grand Forks ...... Add to physical fitness center ...... 8,800 North Dakota ...... Hector Field ...... Addition to base supply facility ...... 3,650 Ohio ...... Springfield-Beckly Airport ...... Civil engineering facility ...... 5,000 Ohio ...... Wright-Patterson AFB ...... C–141 simulation facility ...... 1,600 Oklahoma ...... Tinker AFB ...... Operations and mobility center ...... 10,800 Oklahoma ...... Vance AFB ...... Physical fitness center ...... 4,400 Oklahoma ...... Altus AFB ...... Ramp and airfield lighting ...... 5,300 Oklahoma ...... Altus AFB ...... Control tower ...... 4,000 Pennsylvania ...... NAVICP Mechanicsburg ...... Child development center ...... 1,600 Pennsylvania ...... NAVICP Philadelphia ...... Child development center ...... 1,550 Pennsylvania ...... NSWC Philadelphia ...... Integrated Ship Control and Diagnostic facility ...... 2,410 Pennsylvania ...... ARNG Latrobe ...... Readiness center ...... 2,479 Pennsylvania ...... US Army Research Center ...... Regimental support facility ...... 19,512 South Carolina ...... Charleston AFB ...... Housing improvements ...... 9,110 South Carolina ...... MCRD Parris Island ...... Female recruit barracks ...... 8,030 South Carolina ...... McEntire ANG Station ...... Aircraft maintenance complex ...... 9,000 South Carolina ...... Spartanburg ...... Readiness center ...... 5,260 South Dakota ...... Ellsworth AFB ...... Operations facility ...... 6,500 South Dakota ...... Joe Foss Field ...... Maintenance and Ground Equipment Facility ...... 5,200 Tennessee ...... Arnold AFB ...... Test facilities cooling tower ...... 11,600 Tennessee ...... McGhee-Tyson, ANG Base ...... Relocate aircraft parking apron ...... 10,000 Texas ...... Fort Bliss ...... Overpass ...... 4,100 Texas ...... Dyess AFB ...... B–1B munitions maintenance facility ...... 3,350 Texas ...... Dyess AFB ...... Support equipment shop ...... 1,400 Texas ...... NAVSTA Ingleside ...... BEQ Phase IV ...... 12,200 Texas ...... Laughlin AFB ...... Base operations facility ...... 3,815 Texas ...... Laughlin AFB ...... Control tower ...... 3,500 Texas ...... Fort Sam Houston ...... Dining Facility ...... 5,500 Texas ...... Goodfellow AFB ...... Student dormitory ...... 7,300 Texas ...... Sheppard AFB ...... Family Housing ...... 7,000 Utah ...... Hill AFB ...... Reserve asset warehouse ...... 2,600 Utah ...... Hill AFB ...... Munitions handling and storage facility ...... 1,900 Vermont ...... Burlington ...... Supply complex ...... 5,500 Virginia ...... Fort Meyer ...... Barracks renovation ...... 6,200 Virginia ...... NSWC, Dahlgren ...... Warfare Defenses Technical facility ...... 10,550 Virginia ...... NAS Oceana ...... Fitness center ...... 6,400 Virginia ...... Fort Lee ...... 80 units of family housing ...... 13,000 Virginia ...... Fort Eustis ...... Physical fitness center ...... 4,650 Washington ...... Fort Lawton ...... Army Reserve facility ...... 10,713 Washington ...... Bremerton Naval Shipyard ...... Community support facility ...... 4,300 Washington ...... McChord AFB ...... Medical training facility ...... 3,400 Washington ...... Fairchild AFB ...... Convert dock to washrack facility ...... 3,700 Washington ...... Fairchild AFB ...... Training support complex ...... 3,900 Washington ...... Whidbey Island NAS ...... Improve family housing ...... 5,800 West Virginia ...... Camp Dawson ...... Regional Training Institute ...... 13,595 Wyoming ...... Camp Guernsey ...... Combined support maintenance shop ...... 13,891 Total ...... 976,773

Mr. DODD. Mr. President, I want to the National Guard Training Center in marines have overwhelmed these piers. thank the Chairman and Ranking Niantic each have projects that will be Power outages on the piers occur, on Member of the Military Construction funded when this report becomes law. average, 80 times per year, and the Subcommittee for their work on this The total to be spent on these projects cranes that resupply the submarines Conference Report. Their efforts are vi- will be approximately $14 million. outweigh the piers’ design capacity. tally important to this nation’s armed The Conference Report funds badly This project affects military readiness, forces and the national defense. needed pier upgrades at the New Lon- quality of life and the safety of our per- This Conference Report will benefit don Naval Submarine Base. The piers sonnel. military bases and military personnel at the base were originally designed to The report also includes $1.49 million in Connecticut. The Naval Submarine support SSN 637-class submarines, half to take the first step to replace an Base in New London, the planned Army of which have been decommissioned. overwhelmed Army Reserve Center Reserve center in West Hartford, and The requirements of contemporary sub- building and free the government of a September 1, 1998 CONGRESSIONAL RECORD — SENATE S9719 $100,000 per month lease. Moreover, Mr. FORD. I announce that the Sen- FOREIGN OPERATIONS, EXPORT these funds will begin a much needed ator from New Mexico (Mr. BINGAMAN), FINANCING, AND RELATED PRO- expansion that will enhance the train- the Senator from Ohio (Mr. GLENN), the GRAMS APPROPRIATIONS ACT, ing and readiness of eight Army Re- Senator from South Carolina (Mr. HOL- 1999 serve units. LINGS), and the Senator from Hawaii The PRESIDING OFFICER. The Sen- Finally, the report will fund the (Mr. INOUYE) are necessarily absent. ate will proceed to S. 2334, which the planning and design of a new National clerk will report. I further announce that, if present Guard training center in Niantic, Con- The assistant legislative clerk read necticut. The present facility consists and voting the Senator from South as follows: of World War II vintage, temporary Carolina (Mr. HOLLINGS) would vote A bill (S. 2334) making appropriations for wooden structures. They do not meet ‘‘aye.’’ foreign operations, export financing, and re- Army standards for classrooms, dining, The result was announced—yeas 87, lated programs for the fiscal year ending or billeting. The National Guard, how- nays 3, as follows: September 30, 1999, and for other purposes. ever, relies on this training center to The Senate proceeded to consider the serve troops from six Northeastern [Rollcall Vote No. 253 Leg.] bill. states. Troops of all ranks train at the YEAS—87 Mr. BOND addressed the Chair. center, and the Army and the Army The PRESIDING OFFICER (Mr. Reserve use the center as well. The Abraham Enzi Lott Akaka Faircloth Lugar HUTCHINSON). The Senator from Mis- funding of the planning and design of Allard Feingold Mack souri. the new center is a welcome sign to Ashcroft Feinstein McConnell Mr. BOND. Mr. President, I thank the thousands of servicemembers, for it Baucus Ford Mikulski Chair. I thank the manager of the bill. signals a strong commitment from the Bennett Frist Moseley-Braun Biden Gorton Moynihan I wanted to take just a moment to de- federal government to the National Bond Graham Murray scribe a provision that we have offered Guard. Boxer Grams Nickles which the managers have indicated One Connecticut project would have Breaux Grassley Reed that they will accept. replaced an Air National Guard com- Brownback Gregg Reid Bryan Hagel Roberts The PRESIDING OFFICER. If the plex in Orange. The poor condition of Bumpers Harkin Rockefeller Senator will withhold, the Senator the present facility severely hinders Burns Hatch Roth cannot be heard. May we have order in the 103rd Air Control Squadron from Byrd Hutchinson Santorum the Chamber, please. The Senate will accomplishing its mission, and the Campbell Hutchison Sarbanes Chafee Inhofe Sessions please come to order. Please take your structure suffers from a variety of Cleland Jeffords Shelby conversations to the Cloakroom. building code violations. I thank my Coats Johnson Smith (NH) Cochran Kempthorne Smith (OR) The Senator from Missouri. colleagues on the Military Construc- Mr. BOND. Mr. President, as I indi- tion Subcommittee for including this Collins Kennedy Snowe Conrad Kerrey Specter cated, we have talked with the man- project in the Senate bill. The project Craig Kerry Stevens ager and the ranking member of the D’Amato Kohl Thomas was not funded in conference, but I measure about a provision that I have still appreciate the support of Chair- Daschle Landrieu Thompson DeWine Lautenberg Thurmond offered with respect to the develop- man BURNS and Senator MURRAY, and I Dodd Leahy Torricelli ment of weapons of mass destruction in look forward to working with them Dorgan Levin Wellstone Iraq. I thank them for their willingness next year to fund this project in Fiscal Durbin Lieberman Wyden to accept it. Year 2000. I wanted to tell my colleagues very So, I praise the Conference Commit- NAYS—3 briefly what it is, because this is an tee for their work on this report. They Kyl McCain Robb issue of such great importance today. have made some tough choices—this NOT VOTING—10 Mr. BYRD. Mr. President, may we report allocates $759 million less than Bingaman have order. I see at least eight con- last year. But they have made those Gramm Murkowski Coverdell Helms Warner versations going on in the Senate. The choices with the best interests of the Domenici Hollings Senator is entitled to be heard. I hope U.S. armed forces in mind. Glenn Inouye we will be able to hear him. Mr. BURNS. Mr. President, I ask for The PRESIDING OFFICER. Will Sen- the yeas and nays. The conference report was agreed to. The PRESIDING OFFICER. Is there a ators please take their conversations sufficient second? f to the Cloakroom. There appears to be a sufficient sec- Mr. BYRD. Mr. President, the con- versations have not yet been ended. ond. TRAVEL BY SENATOR JOHN WAR- May we have order in the Senate. Mr. The yeas and nays were ordered. NER FOR THE SENATE ARMED President, I hope Senators will pay at- The PRESIDING OFFICER. The SERVICES COMMITTEE question is on agreeing to the con- tention to the Chair and show some re- ference report accompanying the mili- Mr. LOTT. Mr. President, this is to spect for the Chair as well as the Sen- tary construction appropriations bill. advise the Senate that Virginia’s sen- ator who seeks to address the Senate. The yeas and nays have been ordered. ior Senator, JOHN WARNER, is unable to The PRESIDING OFFICER. I thank The clerk will call the roll. make votes today because of work he is the Senator from West Virginia. The assistant legislative clerk called The Senator from Missouri. undertaking for the Senate Armed Mr. BOND. Mr. President, I thank my the roll. Services Committee. As second senior Mr. NICKLES. I announce that the distinguished friend, the ranking mem- member of the committee, Senator Senator from Georgia (Mr. COVERDELL), ber of the Appropriations Committee. I the Senator from New Mexico (Mr. WARNER has met with senior U.S. mili- remember well the days when I came DOMENICI), the Senator from Texas (Mr. tary officials and government rep- back from summer vacation, and for GRAMM), the Senator from Alaska (Mr. resentatives in Bosnia, Serbia, and the first days of school it was a little MURKOWSKI), and the Senator from Vir- Macedonia. Senator WARNER traveled difficult to focus attention. It is good ginia (Mr. WARNER) are necessarily ab- to Sarajevo, Belgrade, Skopje, and to see colleagues again. I appreciate sent. Pristina in Kosovo. His travel and very much the effort so that we can I also announce that the Senator briefings included field visits as well. discuss what unfortunately has become from North Carolina (Mr. HELMS) is ab- a very serious problem. sent because of illness. Senator WARNER is compiling a first- Mr. President, in light of the contin- I further announce that, if present hand assessment for the Armed Serv- ued proliferation issues which surround and voting, the Senator from North ices Committee of the military and po- the world and the Middle East in par- Carolina (Mr. HELMS) and the Senator litical situation in this troubled and ticular, I believe that now, more than from Georgia (Mr. COVERDELL) would war-torn region of the world. He is ever, it is important for the United each vote ‘‘yea.’’ scheduled to return later today. States to maintain its vigilance with S9720 CONGRESSIONAL RECORD — SENATE September 1, 1998 respect to Iraq’s insatiable appetite to The PRESIDING OFFICER. The Sen- Russia which are very much in the procure the most terrible weapons on ator from Kentucky. news this very day. August headlines earth. Mr. MCCONNELL. Mr. President, the once again demonstrate our aid and Saddam Hussein has attempted to bill before us is a $12.599 billion bill that of other donors is not achieving avoid any and every attempt by the within an allocation of $12.6 billion. crucial and sustainable results. civilized world to control and monitor While it is below the administra- For at least 4 years, we have all read his government’s obsession with at- tion’s request of $14.1 billion in fiscal the same headlines. Russia faces immi- taining weapons of mass destruction. year 1999, we provided virtually the nent financial collapse and Moscow Saddam Hussein has a proven track same level as last year’s funding. If we calls for immediate international sup- record of his proclivity to utilize these compare last year’s level with this port, always with a measure of justifi- weapons if he does not believe that the year, including arrears, both bills are able urgency. There are round the consequences of his actions would lead approximately the same level—$13.1 clock negotiations, in which Moscow, to his own destruction or at least to se- billion. once again, agrees to all the right vere injury. The continued aggressive Fortunately, we can achieve this tough financial, tax and economic re- monitoring of Iraq’s weapons stock- level because Senator DOMENICI and the forms, donor funds are disbursed, there piles is critical to preventing him from Budget Committee decided to give ar- is a deep sigh of international relief, building and using these weapons to rears special treatment relieving scor- and then absolutely nothing happens. make another attempt to dominate the ing pressure. I have repeatedly warned officials at region through physical threats to Let me review some of the highlights Treasury that it seems unwise at the neighboring populations. which many members have expressed very time we are dismantling our wel- The recent resignation of Scott Rit- interest in. fare system here at home, that we cre- ter from the inspection team and his For the first time we have reduced ate a new program of destructive de- reasons for doing so should not go the level of support for Israel and pendency abroad. Russia’s addiction to unheeded by this body. The coalition of Egypt. This is the first reduction of a international loans is not healthy—for nations which developed originally to planned 10 years, evenly distributed their economy or our interests. The ad- thwart Iraq’s aggression against its schedule. We reduced Israel’s economic ministration must follow through and neighbors has deteriorated to the point aid by a total of $120 million to $1.080 use our aid for programs which will where each new confrontation with billion and increased security assist- sustain the needed tax and commercial Iraq becomes a test of wills within the ance by $60 million to $1.860 billion. reforms or the current crisis will only United Nations and the Security Coun- There is no increase in security as- get worse, if that is possible. cil. Time and time again, Saddam has sistance for Egypt so to maintain pro- The crisis in investor confidence and scoffed at United States stated policy portionality we have only reduced the the flight of capital is not a recent of ‘‘no compromise’’ and time and time economic aid program by $40 million to event. In fact this latest crisis reflects he is proven correct. No longer do we $775 million. Security assistance stays how little foreign capital has been in- punish Iraqi transgressions; we become constant at $1.3 billion. vested in generating jobs, income and party to negotiating additional conces- We have also tried to preserve a rel- growth in manufacturing and produc- sions. We no longer lead with resolve; atively strong level of funding for the tion. The collapse we are witnessing is we follow timidly and make excuses for New Independent States which most of driven by the fact that the Russian delay and inaction. us agree need the help to finish their budget and economy are fueled pri- We must not shirk from our respon- transition to free market democracies. marily by two sources—international sibility to have the administration and In total we have provided $740 million. loans and the artificially inflated bond the world understand our commitment Within the NIS account we have con- market. Given the choice between the to insuring that Iraq abandon its weap- tinued to earmark levels for three promise of a government bond return ons of mass destruction program countries, Ukraine, Armenia, and Geor- of 150 percent or sinking capital into through strict inspections programs gia. an industrial plant where there are no and a well defined and consistently im- Although I strongly support securing commercial regulations protecting plemented set of consequences for non- Ukraine’s political and economic inde- contract sanctity or investment, compliance. To achieve that I have pendence, and believe we should do all money has moved into Moscow’s bond proposed a resolution which outlines we can to help, I must confess some market. concerns I have regarding Iraqi weap- frustration with the pace of reforms in But, even that investment has been ons of mass destruction, calls upon the that country. It is clear the economic slim compared to other global econo- administration to oppose any effort to environment in Ukraine is very dif- mies. Before the stock market was relax inspection regimes and has the ficult to work in. In particular, the closed, only a handful of companies President submit a report to Congress government has been slow to rec- were being traded, each losing enor- on the United States Government’s as- ommend—and the Rada even slower to mous ground. Reports of 80 percent sessment of Iraq’s weapons program. pass—essential tax and commercial law losses in value in such thin markets ex- I understand that the resolution I reforms, the key to attracting and ex- aggerate the impression of the scale of have proposed has been accepted by panding private investment. trade and more importantly hid the both sides and has been included in the Because of the slow pace of reforms, real story. A few companies lost, and bill and I thank the chairman and the the bill reduces the overall level of sup- are losing, a lot of money. However, ranking member and other members of port for Ukraine from $225 million to real, long term investment in Russia’s the committee for their help to include $210 million. The bill also authorizes productive capacity has never really this resolution in this bill which out- the Secretary of State to withhold 50 grown. With no equity, no real invest- lines our most grave concerns and calls percent of the funds for 120 days until ment to back it, the Russian ruble was upon the President to issue a report she certifies that the Ukrainians are on bound to collapse calling attention to which certifies the level of compliance the right track and have made progress the basic problems with the commer- by the Iraqi regime to the numerous in their tax and commercial structure cial environment which neither the ad- non-proliferation protocols currently and demonstrated a serious commit- ministration nor the Yeltsin govern- in effect, the effectiveness of these pro- ment to economic reforms. This will ment have been willing to tackle. Now, tocols, and the implementation of not be easy, but I believe President there is little chance—but no choice to United States’ policy to curb Iraq’s Kuchma has recognized it is in carry out overdue reforms. weapons program. Ukraine’s interest to advance and ac- Let me add one more caution. This I thank the Chair. I thank the chair- celerate reforms. overhaul should not be the IMF’s for- man of the committee and the ranking Ukraine is not the only weak and mula response. Raising taxes in an member for permitting me to proceed. worrisome economy. Since working on economy where there is little income I yield the floor. the 1993 bill, Senator LEAHY and I have and less growth isn’t painful; it’s stu- Mr. MCCONNELL addressed the both expressed concern about the in- pid. Some Russian entities, most nota- Chair. consistent and slow pace of reforms in bly Gazprom, clearly have evaded tax September 1, 1998 CONGRESSIONAL RECORD — SENATE S9721 collection in the past, at the expense of In addition to our commitment to lines for the administration of develop- starved government coffers. But, in U.S. financial institutions deeply en- ment aid. I do recognize this may be general higher taxes are not going to gaged in Asia, this bill also specifically difficult to accomplish, but U.S. policy solve Russia’s long term crisis. Con- addresses the crisis in Indonesia, and practice must press forward and fidence and investment will only be re- Burma and Cambodia. actively include the 1990 government in stored and expanded by reforms which Senator STEVENS and INOUYE have any dialog which involves our funds. implement and enforce a rational, con- been especially concerned by the col- Ultimately, these funds may simply sit sistent commercial rule of law. lapse of the Indonesia economic and in trust for a future free day in Burma, While the NIS accounts is both large political situation, as all of us have. but I think our support for democracy and important, I think the core of this This time last year, I was convinced must be in both words and financial ac- year’s bill has been defined by events that the collapse in investor con- tion. in Asia. What is new this year is the se- fidence, driving the rupiah down to For the past 2 years, I have held deep rious commitment we have made to devastating new lows each week, would reservations about American embassy support our trading partners, allies and only be reversed with a major political officials failure to support the restora- friends across the Pacific, as they work change. I believed then, as now, that tion of democracy, but that is a debate through the most turbulent economic until elections are held, and the coun- for another day. What I hope to achieve conditions they have experienced since try is provided honest, strong demo- today is a clear statement and rep- World War II. cratic leadership, Indonesia is destined resentation of support for those who There are several Asian related ini- to struggle, if not fail, suffer the brutality of the regime by tiatives worth noting. Suharto’s departure was welcome, increasing our humanitarian aid and, First, in title VI, we include full sup- but long overdue. He has left behind a to make absolutely clear support or port for the new arrangements to bor- shell of a government and the risk of the legitimate government which we row and the quota to replenish depleted more violence and instability grows. In should be working with rather than resources for the IMF. After extensive this context, I have been deeply dis- against. discussion and debate, the Senator appointed by AID and the administra- Finally, and briefly, I want to turn to voted for a bill which provided both tion’s slow response to Indonesia’s Cambodia. I am deeply concerned that funding and reforms in the manage- problems. Indonesia continues to be the environment leading up to elec- ment of the IMF. This bill includes the the regional economic undertow drag- tions was not conducive to a free and Senate passed version in its entirety. ging down and potentially drowning fair outcome. While the turnout was Many share my concern that the each of her neighbors. The IMF, the high, as we all know, elections are less IMF, and other international institu- World Bank, the Asian Bank, and AID about election day and more about the tions, have been remote, indifferent all lack a clear, consistent strategy on weeks and months beforehand. After Hun Sen’s bloody coup in which and very closed societies dominated by how to address this crisis. scores of people were killed and many foreign bureaucrats who are happy to At this point conservative estimates fled the country, his junta seemed to take our money and spend it without suggest at least 60 million people are recognize the need to establish some accountability to any public authority unemployed placing pressure on vir- margin of legitimacy or face a cut off or government. tually every family. This bill provides of all international aid. Hun Sen called This legislation takes a first step to- $100 million to launch a serious eco- for elections and then for months sys- ward opening the IMF’s doors and shed- nomic and political effort to help put tematically denied any opponent any ding light on their management polices the country back on track. It directs real opportunity to campaign. At least and practices. I don’t want anyone to funds to strengthen political parties to 49 people were targeted and assas- conclude that the IMF will be as acces- assure quick and fair elections and it sinated in politically motivated hits. sible as your credit union on the cor- provides food, medical, job generating Candidates were denied access to the ner, but we have started a process an related humanitarian assistance. press, and restricted from giving which I hope eventually will produce a But what is equally important is it will speeches, holding rallies or meeting better managed and more open, ac- compel AID to carry out this support and getting their message out to vot- countable institution. outside the cozy, long standing rela- ers. While I was less concerned in the tionship with official ministries and While the opposition urged a delay in Spring about the IMF’s financial stand- their bureaucrats. The bill requires 80 the election date, the Administration ing, I now believe the time has come percent of the aid be administered decided to support moving forward. for the Congress to complete our com- through non-government organizations Now there are real questions about the mitment. The recent repackaged $22 which not only will ease suffering but final outcome with opposition chal- billion Russian loan compelled activa- also help build new, grass roots aid de- lenges over fraud and irregularities. tion of Fund’s reserve line of credit livery mechanisms and strengthen the Whatever the outcome, what is very known as the General Arrangements to next generation of political and eco- clear is many of the candidates who re- Borrow which this legislation will re- nomic leaders. turned to Cambodia to campaign did so plenish. With the possibility of new re- Next, the bill expands political and at considerable risk. Sam Rainsy and quirements in Asia and closer to home humanitarian support to Burma. I his party members and FUNCIPEC can- in Latin America, I think the Fund’s think we are at a point where our didates, all put their lives on the line solid financial footing avoids further ASEAN partners agree the junta in to run for office, to reclaim their na- U.S. bilateral commitment of funds Rangoon has gone too far. I commend tion. and is key to the recovery of our Pa- Secretary Albright for her public state- I believe it is vital to stand by their cific trading partners which, I expect, ments and effort to secure the return commitment to democracy and assure in turn, will help stave off a slow down of the legitimate government and urge their risk was not in vain. Thus, aid to of our economy. her to continue her crucial work in the Cambodia is conditioned upon certifi- In addition to replenishing the IMF, days ahead. cations related to the fairness of the we have recommended other steps to While I have confidence in her com- elections and the prospects for real strengthen the Asian economies. We mitment, much of her effort seems to democratic growth. Humanitarian aid have increased the subsidy for the Ex- be undermined by events in country. and development aid provided through port Import Bank significantly over To assure American policy and practice non-government organizations can pro- last year, which was not easy given the are consistent both in Washington and ceed regardless, but it makes no sense overall budget pressure. However, ex- in Rangoon, I have set aside $2 million to prop up a vicious, selfserving dicta- port support is more important than which may be expended only after writ- torship. ever for the U.S. economy, especially ten consultation with the legitimate In conclusion, the market slides and as our traditional partners suffer set- government elected in 1990. This is not crashes across Asia have convinced backs and devaluations making their a precedent—there has been past dialog even the most isolationists among us products cheaper and more competitive between other donors and the legiti- that our economic and political secu- on the world market. mate government establishing guide- rity interests are defined and can be S9722 CONGRESSIONAL RECORD — SENATE September 1, 1998 damaged by events as far away as Ja- money to make everybody happy. I may feel we have done too little for karta. With increased export assist- think the chairman has done his best their favorite program. And they may ance, by expanding humanitarian and to honor the many requests of the Sen- be right. But we had to make some economic initiatives, and building pro- ators on both sides of the aisle and to very painful choices, choices we would grams, to strengthen independent, fund the foreign policy priorities of the not have had to make if we had a larg- democratic institutions worldwide, I United States. er budget to begin with. The chairman believe this bill supports and secures I also thank the committee chair- and I are going to have to oppose such U.S. interests in international eco- man, Senator STEVENS, and the rank- amendments. nomic growth and political stability, ing member, Senator BYRD, for their This is a very delicately put together while living within the balanced budget help. They have a difficult job in trying piece of legislation, based on the allo- agreement. to balance the interests of all the ap- cation we have. I might have done I encourage my colleagues’ support. propriations subcommittees. I know things differently if I were chairman. I certainly urge my colleagues to they have tried to give us the funds we And the 98 other men and women in support the bill. That completes my need and, at the same time, stay with- this body may have each done it some- opening statement. Senator LEAHY will in the parameters of the balanced what differently. But we have to have probably want to make an opening budget agreement. one bill. The Senator from Kentucky statement. I simply note that the entire foreign and I have worked very closely to- Mr. LEAHY addressed the Chair. operations budget amounts to less than gether to balance the interests of both The PRESIDING OFFICER. The 1 percent of the Federal budget, but sides of the aisle, the interests of the Chair recognizes the Senator from Ver- these are the funds we use besides the United States and the interests of the mont. defense budget to promote our influ- administration, the interests of the PRIVILEGE OF THE FLOOR ence around the world. There is not a U.S. Senate. With the funds we have, I Mr. LEAHY. Mr. President, I ask Senator here who does not want to pro- think we should go forward with this unanimous consent that Andrew tect our national interests. Those na- bill as it is. If there are amendments, I would hope that they come up; if there Weinschenk, a fellow in Senator LAU- tional interests can be in Korea or they are not, I am prepared to go to third TENBERG’s office, be granted the privi- can be in our own hemisphere. But for lege of the floor for the duration of de- the United States, the most powerful, reading. With that, I yield the floor. bate on the foreign operations appro- wealthiest nation history has ever Mr. MCCONNELL. I suggest the ab- priations bill. known, the United States which has sence of a quorum. The PRESIDING OFFICER. Without become that way because we have The PRESIDING OFFICER. The objection, it is so ordered. worldwide interests, it is hard to point clerk will call the roll. Mr. LEAHY. Mr. President, last year to any part of the world on any con- The legislative clerk proceeded to we completed debate on the foreign op- tinent of the world where our interests call the roll. erations bill in record time. This year are not involved. All of us like to say, Mr. MCCONNELL. Mr. President, I the bill contains $250 million less than ‘‘Well, we are the United States—we ask unanimous consent that the order last year, so I hope it will take even should influence this, that, or the for the quorum call be rescinded. less time. other thing in the world.’’ If we are The PRESIDING OFFICER. Without The bill represents a delicate com- going to do that, we have to have the objection, it is so ordered. promise. As I said, we have a lot less power to do it, too. AMENDMENT NO. 3491 money this year, and since almost half It is like saying you want to go to (Purpose: To amend title I) the funds in this bill is earmarked for such and such a spot, in your State, Mr. MCCONNELL. Mr. President, I the Middle East, the quarter-billion- but if there are no roads and no way to send an amendment to the desk and dollar cut from last year has to come get there, then you are not going to do ask for its immediate consideration. out of other programs. That is a very it. And the cost to carry out our re- The PRESIDING OFFICER. The significant cut. It is over $1 billion sponsibilities and to project our influ- clerk will report. below the President’s request. ence worldwide is not something that The legislative clerk read as follows: A quarter of a billion dollars may not is going to be picked up by the State or The Senator from Kentucky [Mr. MCCON- be a lot in some budgets, like the de- local governments. NELL], for himself and Mr. LEAHY, proposes fense budget, but it is a great deal These programs are not ‘‘foreign an amendment numbered 3491. when it means cuts in funding for di- handouts’’ as some have called it. They Mr. MCCONNELL. I ask unanimous plomacy and programs to—and I will are going to determine the kind of consent that reading of the amendment give you examples of the areas we are world in which our children and grand- be dispensed with. cutting—support for U.S. exports, or to children live 10, 20, 50 years hence. The PRESIDING OFFICER. Without promote economic reforms in the Frankly, I do not believe this bill objection, it is so ordered. former Soviet Union and democracy in adequately funds our foreign policy and The amendment is as follows: Indonesia, or to aid refugees in Bosnia national security needs. As a super- On page 3, line 6, strike the following pro- and support business exchange pro- power that is increasingly dependent viso: ‘‘Provided further, That the Export Im- grams in Eastern Europe, or money to on the global economy—in the last 2 port Bank shall not disburse direct loans, loan guarantees, insurance, or tied aid combat the spread of illegal drugs and days if there is anybody who did not re- grants or credits for enterprises or programs infectious diseases. Infectious dis- alize we were dependent on the global in the New Independent States which are eases—Mr. President, I remind every- economy, wake up; we are. As a super- majority owned or managed by state enti- body that the most virulent disease in power intent on solving global prob- ties:’’ the world is only an airplane trip away lems by leading by example, I think we Mr. MCCONNELL. I ask unanimous from any one of our homes in the are going to look back years from now consent that the amendment be tempo- United States. And, of course, money and wonder why we were so short- rarily laid aside. to protect the environment. sighted. The PRESIDING OFFICER. Without These are but a few examples of what Leadership and security are not just objection, it is so ordered. is in this bill and what we have had to abstract concepts, they cost money. AMENDMENTS NOS. 3492 AND 3493 EN BLOC cut because of this year’s low budget The amount in this bill is a pittance Mr. MCCONNELL. Mr. President, I allocation. for a superpower that has important send to the desk two amendments Having said that, I commend the interests to protect on every continent, modifying language included on global chairman of the Foreign Operations important American interests to pro- climate change. Senators BYRD and Subcommittee. Senator MCCONNELL tect on every continent. HAGEL have been very involved in this has done an outstanding job to try to Mr. President, if history is any guide, issue and have recommended these make the most of the funds we have in I think the chairman and I can expect changes so that programs can go for- as balanced a way as possible. No one there will be Senators who have ward, but Congress will have an oppor- can be entirely happy with what we amendments to shift funds from one tunity to determine details on the have done, because we don’t have the account to another in this bill. They planned activities. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9723 It has been very difficult to pin down the requests of senators for informa- stance and replaced with the tech- just what the administration plans to tion about these activities. We are add- nically correct ‘‘made available.’’ I do in the area of global climate change. ing the notification requirement to send these technical amendments to I think these amendments strike the section 540(b) in order to ensure that the desk and ask for their immediate appropriate balance and meet the con- information that is requested about consideration. cerns raised by colleagues who want to certain energy programs is provided in The PRESIDING OFFICER. The maintain a U.S. leadership role on en- a timely way. clerk will report. vironmental issues, yet at the same Mr. LEAHY. Thank you. I would like The legislative clerk read as follows: time preserve the congressional over- to take another minute to ask the sub- The Senator from Kentucky [Mr. MCCON- sight of these activities. committee chairman about section NELL], for himself and Mr. LEAHY, proposes So I send, Mr. President, both of 572(a) of the bill, which makes funds an amendment numbered 3494. these amendments to the desk. available for certain environmental ac- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The tivities subject to the regular notifica- ask unanimous consent that reading of clerk will report. tion procedures of the committees. The the amendment be dispensed with. The legislative clerk read as follows: language is quite broad, and it includes The PRESIDING OFFICER. Without The Senator from Kentucky [Mr. MCCON- any activities promoting country par- objection, it is so ordered. NELL], for himself and Mr. LEAHY, proposes ticipation in the Framework Conven- The amendment is as follows: amendments numbered 3492 and 3493 en bloc. tion on Climate Change. Again, I want On page 3, line 5 and 6, strike ‘‘1999 and Mr. MCCONNELL. Mr. President, I 2000’’ and insert in lieu thereof, ‘‘1999, 2000, to be clear about the purpose of this 2001 and 2002’’. ask unanimous consent that reading of provision. It is my understanding that, the amendments be dispensed with. On page 8, line 23 and 24, strike ‘‘, and shall like section 540(b), it was included due The PRESIDING OFFICER. Without remain available until September 30, 2000’’. to concerns expressed by some senators On page 13, line 13, insert ‘‘demining or’’ objection, it is so ordered. after the words ‘‘apply to’’. The amendments are as follows: that AID has not been sufficiently re- sponsive to requests for information On page 13, line 14, strike ‘‘other’’. AMENDMENT NO. 3492 On page 21, line 3, strike ‘‘other than funds about the expenditure of certain funds included in the previous proviso,’’. (Purpose: To amend the Foreign Operations for these activities. The information On page 29, line 9, strike ‘‘appropriated’’ bill) that was provided was very general and and insert in lieu thereof ‘‘made available’’. On page 71, line 17, after the word ‘‘activi- did not fully describe what the funds On page 29, line 13, strike ‘‘deBremmond’’ ties’’ insert: ‘‘and, subject to the regular no- were used for. It is my understanding and insert in lieu thereof ‘‘deBremond’’. tification procedures of the Committees on On page 31, line 23, insert ‘‘clearance of’’ Appropriations, energy programs aimed at that this provision does not seek to before ‘‘unexploded ordnance’’. reducing greenhouse gas emissions’’. prevent funding for these activities, On page 39, line 1, insert ‘‘may be made AMENDMENT NO. 3493 but instead aims to ensure that when available’’ after ‘‘(MFO)’’. (Purpose: To amend the Foreign Operations senators request AID to provide spe- On page 40, lines 5 and 6, strike ‘‘Commit- bill) cific information about its use of these tee’s notification procedures’’ and insert in lieu thereof, ‘‘regular notification proce- On page 107, line 25, strike ‘‘and activities funds the information is provided in a dures of the Committees on Appropriations’’. that reduce vulnerability to climate timely way. On page 49, line 2, insert after ‘‘commod- change.’’ Mr. MCCONNELL. The Senator is ity’’ the following, ‘‘: Provided, That such Mr. MCCONNELL. Senator LEAHY correct. prohibition shall not apply to the Export-Im- and I believe there is no opposition to Mr. BYRD. If the managers of the bill port Bank if in the judgment of its Board of these amendments on either side of the would entertain a question, it is my Directors the benefits to industry and em- aisle. understanding from their explanation ployment in the United States are likely to Mr. LEAHY. Mr. President, the Sen- that their intent in including the noti- outweigh the injury to United States produc- ator from Kentucky is right. I support fication requirements in sections 540(a) ers of the same, similar or competing com- modity, and the Chairman of the Board so the pending amendment. and 572(b) is to support these activities, notifies the Committees on Appropriations’’. Mr. President, I would like to take and to ensure that information the On page 57, line 17, insert ‘‘disease pro- this opportunity to discuss with the Congress asks for is provided by the ad- grams including’’ after ‘‘activities or’’. subcommittee chairman, Senator ministration. I want to be sure that, On page 84, beginning on line 25, through MCCONNELL, his amendments to modify assuming the administration keeps the page 85, line 5, strike all after the words section 540(b) and section 752(a) of the Congress informed about how appro- ‘‘The authority’’ through the word, ‘‘coun- bill, modifications which I strongly priated funds are to be spent, the Con- tries’’ and, insert in lieu thereof, ‘‘Any obli- gation or portion of such obligation for a support. gress intends for these programs to re- Latin American country, to pay for pur- It is my understanding that the pur- ceive the necessary funds. Am I cor- chases of United States agricultural com- pose of the change to section 540(b) is rect? modities guaranteed by the Commodity to make clear that funds in the bill Mr. LEAHY. That is my intention. Credit Corporation under export credit guar- may be used, notwithstanding any Mr. MCCONNELL. As the author of antee programs authorized pursuant to sec- other provision of law, to support en- these provisions that is also my inten- tion 5(f) of the Commodity Credit Corpora- ergy programs aimed at reducing tion. tion Charter Act of June 29, 1948, as amend- greenhouse gas emissions. However, be- The PRESIDING OFFICER. Without ed, section 4(b) of the Food for Peace Act of cause of concerns expressed by certain objection, the amendments are agreed 1966, as amended (Public Law 89–808), or sec- tion 202 of the Agricultural Trade Act of 1978, senators that requests to AID for spe- to. as amended (Public Law 95–501)’’. cific information about these activities The amendments (Nos. 3492 and 3493) On page 90, on lines 1, 5, and 15 before the was not provided and that they there- were agreed to. word ‘‘Government’’ insert the word ‘‘cen- fore have been unable to determine Mr. MCCONNELL. Mr. President, I tral’’. precisely what these funds were used move to reconsider the vote. On page 90, line 13, after the word ‘‘re- for, they requested that these funds be Mr. LEAHY. I move to lay that mo- signed’’ insert the word ‘‘or is implement- tion on the table. ing’’. subject to the Committees’ regular no- On page 91, line 24, before the word ‘‘Gov- tification procedures. Does the sub- The motion to lay on the table was ernment’’ insert the word ‘‘central’’. committee chairman agree that the agreed to. On page 95, line 5, delete ‘‘steps’’ and insert purpose of subjecting these funds to AMENDMENT NO. 3494 in lieu thereof, ‘‘effective measures’’. the notification procedures is not to (Purpose: To make technical corrections) On page 95, line 7, strike the word ‘‘fur- Mr. MCCONNELL. Mr. President, I ther’’. prevent funding for these activities On page 106, line 8, strike ‘‘1998 and 1999’’ notwithstanding any other provision of send a package of technical amend- and insert in lieu thereof ‘‘1999 and 2000’’. law, since we could have done that by ments to the desk. It is a fairly long On page 109, line 21, strike ‘‘any’’. simply leaving the section as it is, but list, but essentially involves correc- On page 117, line 24, after ‘‘remain avail- rather to be sure that the Congress tions, language inadvertently left out, able’’ insert ‘‘until expended’’. gets the information it requests? changes to assure consistency and date Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. The Senator is corrections. For example, the word believe there is no objection to these correct. AID has not been responsive to ‘‘appropriated’’ was struck in one in- technical amendments. S9724 CONGRESSIONAL RECORD — SENATE September 1, 1998 Mr. LEAHY. There are no objections, ter community-based telecommuni- FOREIGN OPERATIONS, EXPORT Mr. President. cations programs in the developing FINANCING, AND RELATED The PRESIDING OFFICER. If there countries. I hope that language to this AGENCIES APPROPRIATIONS is no objection, the amendment is effect can be included in the conference ACT, 1999 agreed to. report on this bill. The Senate continued with the con- The amendment (No. 3494) was agreed Mr. President, I suggest the absence sideration of the bill. to. of a quorum. AMENDMENT NO. 3495 Mr. MCCONNELL. I move to recon- sider the vote. The PRESIDING OFFICER. The (Purpose: To provide a limited waiver for Mr. LEAHY. I move to lay that mo- clerk will call the roll. certain foreign students of the requirement to reimburse local educational agencies for tion on the table. The legislative clerk proceeded to the costs of the students’ education) The motion to lay on the table was call the roll. Mr. MCCONNELL. Mr. President, I agreed to. Mr. MCCONNELL. Mr. President, I send an amendment to the desk and Mr. MCCONNELL. Mr. President, ask unanimous consent that the order ask for its immediate consideration. those are the only amendments I am for the quorum call be rescinded. The PRESIDING OFFICER. The aware of as of this moment. So we are The PRESIDING OFFICER. Without clerk will report. moving right along, I say to my friend. The legislative clerk read as follows: Mr. LEAHY. Mr. President, I say to objection, it is so ordered. my friend from Kentucky, I said earlier The Senator from Kentucky [Mr. MCCON- f NELL], for Mr. LUGAR, proposes an amend- we did it in record time last year. We ment numbered 3495. may break that now. Again, I am per- Mr. MCCONNELL. Mr. President, I fectly willing to go forward and wrap it TRIBUTE TO PRESBYTERIAN DIS- ask unanimous consent that reading of up. There may be some who feel other- ASTER ASSISTANCE OF LOUIS- the amendment be dispensed with. wise. VILLE, KENTUCKY The PRESIDING OFFICER. Without COMMUNITY-BASED TELECOMMUNICATIONS objection, it is so ordered. Mr. President, organizations such as Mr. MCCONNELL. Mr. President, while we have a moment, I would like The amendment is as follows: the National Telephone Cooperative On page 114, strike all after line 1 through Association are able to help provide to recognize an organization from my home state of Kentucky which has page 115 line 6 and insert the following: new and innovative methods to bring SEC. 578. LIMITED WAIVER OF REIMBURSEMENT modern telecommunications service to been on the front lines responding to REQUIREMENT FOR CERTAIN FOR- rural and remote areas around the international disasters. EIGN STUDENTS. globe. Such initiatives, particularly The Presbyterian Disaster Assistance Section 214(l)(1) of the Immigration and those that encompass a grass-roots, (PDA), headquartered in Louisville, has Nationality Act (8 U.S.C. 1184(l)(1)), as added by section 625(a)(1) of the Illegal Immigra- community-based approach, are key to responded to international disaster tion Reform and Immigrant Responsibility economic development, business cre- issues in 37 countries and has mission Act of 1996 (110 Stat. 3009–699), is amended— ation and income generation. They en- relations in 80 countries. It is dedicated (1) in subparagraph (B), by redesignating hance economic stability, create jobs, to responding to national and inter- clauses (i) and (ii) as subclauses (I) and (II), improve agricultural production and national disasters, aiding refugees and respectively; further the development of democratic displaced persons, assisting refugee re- (2) by redesignating subparagraphs (A) and processes and traditions. settlement, educating the world’s chil- (B) as clauses (i) and (ii), respectively; The committee has, in the past, en- dren, and making efforts designed to (3) by striking ‘‘(l)(1)’’ and inserting couraged AID to work with organiza- ‘‘(l)(1)(A)’’; and foster development abroad. Clearly, it (4) by adding at the end the following new tions like the National Telephone Co- has made a difference in the world and subparagraph: operative Association to bring modern brought hope to the needy. ‘‘(B) The Attorney General shall waive the means of communication to rural Just recently, following the tragic application of subparagraph (A)(ii) for an areas. Cooperatives foster community bombings in Kenya and Sudan, PDA alien seeking to pursue a course of study in involvement and help to build civil so- a public secondary school served by a local provided the staff services of its eye educational agency (as defined in section ciety—important steps along the path clinic and specialized orthopedic reha- away from a socialist, government-con- 14101 of the Elementary and Secondary Edu- bilitation center for victims. PDA also cation Act of 1965 (20 U.S.C. 8801) if the agen- trolled economy toward a free-market worked closely with the Presbyterian cy determines and certifies to the Attorney economy. These programs are just the Relief and Development Association of General that such waiver will promote the type that we should be promoting in Sudan. educational interest of the agency and will the Ukraine and other NIS states, not impose an undue financial burden on the where any growth in the private sector In early summer, Presbyterian Disas- agency.’’. ter Assistance, in cooperation with represents a challenge to the govern- Mr. MCCONNELL. Mr. President, this other organizations, was able to pro- ment and encourages sustainable in- amendment has been cleared on this vide a shipment of fishing supplies to come generation and economic growth side of the aisle and, I believe, on the over 25,000 households in the Upper on a local level. other side. Nile Region where the ability to fish Another program that the committee Mr. LEAHY. There is no objection on the rivers will keep these people from urged AID to support was rural tele- this side of the aisle. phone cooperative programs in Poland, slipping into the grip of famine. PDA The PRESIDING OFFICER. Without which have achieved significant suc- was able to serve people across several objection, the amendment is agreed to. cess. The on-going program in the Phil- ethnic boundaries, ensuring that this The amendment (No. 3495) was agreed ippines has also seen success. However, assistance benefited those most in to. need. this project is in need of continued par- Mr. MCCONNELL. Mr. President, I ticipation by AID’s country and cen- Mr. President, I know the entire Sen- move to reconsider the vote. tral programs. AID should also pro- ate joins me in saluting the courageous Mr. LEAHY. I move to lay that mo- mote the development of telephone co- work of Presbyterian Disaster Assist- tion on the table. operatives in Africa. Countries in the ance. It gives me a great deal of pride The motion to lay on the table was Horn, Ghana, and South Africa are that this organization which offers agreed to. poised for developing useful rural tele- such important and valuable service is AMERICAN EDUCATIONAL INSTITUTIONS IN communications. There is no doubt headquartered in the Commonwealth of LEBANON that in addition to promoting eco- Kentucky. We all hope for a time when Mr. ABRAHAM. Would the Senator nomic growth, rural citizens in these the efforts of organizations such as from Kentucky yield for a question? countries would benefit enormously. PDA are not necessary, but until that Mr. MCCONNELL. I would be happy For these reasons, I encourage AID occurs we can take comfort that the to yield to the Senator from Michigan. to continue to work with telephone co- job will be undertaken with vigor, com- Mr. ABRAHAM. I want to thank the operatives in the United States to fos- passion, and expertise. Senator from Kentucky for the interest September 1, 1998 CONGRESSIONAL RECORD — SENATE S9725 that he and his committee have taken to help rebuild the country, but it is for this country through funding com- in American educational institutions shortsighted not to commit additional mitments. I also encourage the Admin- abroad, and the role they play in ad- resources to rebuild them as well. istration to begin exploring additional vancing basic American values in coun- Mr. MCCONNELL. The Senator from funding initiatives in fiscal year 2000. tries of key strategic interest to the Michigan has special knowledge of Leb- Mr. MCCONNELL. Mr. President, United States. As the Chairman knows, anon, and his expertise is well re- Senator INOUYE and Senator STEVENS I believe that Lebanon is one of the spected by all his colleagues here in were instrumental in securing funding countries where American leadership is the Senate. The point he makes is in- for Tunisia. I have had a number of especially needed. Therefore, I was deed sound. I am grateful to have his conversations with both members re- pleased that the committee’s report on observations, and I am sure that AID garding this initiative. I have also ad- S. 2334 gives special recognition to the will want to give them heed. I would vised them of the tough fiscal con- importance of the American University like to assure my colleague that the straints under which we in the Foreign of Beirut and Lebanese American Uni- committee will encourage the agency Operations Committee are operating. versity. As the report states, both to do so, and we will monitor the situa- However, I too recognize Tunisia’s these institutions, AUB and LAU, de- tion to see if changes are made. importance in the Peace Process and serve further support from the Amer- Mr. ABRAHAM. I thank the Chair- have agreed with Senator LEAHY to ican Schools and Hospitals Abroad pro- man. provide $7 million of Foreign Military gram. I would like to ask the Senator Mr. MCCONNELL. Mr. President, I Financing (FMF) in this bill. $5 million from Kentucky if he agrees with me suggest the absence of a quorum. is available under draw down authority that AID also should directly support The PRESIDING OFFICER. The and $2 million will be available the American educational institutions clerk will call the roll. through a direct grant. The legislative clerk proceeded to in Lebanon through our bilateral aid I want to assure Senators INOUYE and call the roll. program to that country. STEVENS that if the Tunisians continue Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Yes. The Senator their role in the Peace Process, we will ask unanimous consent that the order is quite right. Our aid program to Leb- explore other funding initiatives in the anon is structured so that all assist- for the quorum call be rescinded. The PRESIDING OFFICER. Without fiscal year 2000 Foreign Operations Ap- ance is channeled through grants or propriations bill. contracts to American non-govern- objection, it is so ordered. (At the request of Mr. MCCONNELL, Mr. INOUYE. Mr. President, I thank mental organizations or U.S. firms. the following statement was ordered to Chairman MCCONNELL and Senator The American educational institutions be printed in the RECORD.) LEAHY and look forward to working there should be the first to be sup- ∑ Mr. INOUYE. Mr. President, I wish to with them on this issue in the Fiscal ported. Education is at the heart of thank Chairman MCCONNELL and Sen- Year 2000 Appropriations bill.∑ what we are trying to accomplish with ator LEAHY for their work in putting Mr. MCCONNELL. Mr. President, I our aid program. It instills the fun- together a foreign operations funding suggest the absence of a quorum. damental values that will guide the bill that provides for our national secu- The PRESIDING OFFICER. The next generation of leaders. It will de- rity interests while doing so under clerk will call the roll. termine whether those leaders share tough fiscal constraints. The legislative clerk proceeded to our commitment to democracy and I would also like to commend the call the roll. free market principles, and whether Chairman and Ranking Member on Mr. DURBIN. Mr. President, I ask they learn how to solve their own prob- their recognition of the important role unanimous consent that the order for lems or remain dependent on us. An in- Tunisia has played in the Middle East the quorum call be rescinded. vestment in American education will Peace Process for the past several The PRESIDING OFFICER (Mr. ROB- pay greater dividends than anything years. ERTS). Without objection, it is so or- else we can do in Lebanon. Tunisia has been a long-time friend dered. Mr. ABRAHAM. I am pleased to hear of the United States. Tunisia has, since PRIVILEGE OF THE FLOOR the Chairman say that. Unfortunately, the beginning of the Peace Process, Mr. DURBIN. Mr. President, I ask AID currently is not pursuing such a fully committed itself to this process, unanimous consent that privileges of policy in Lebanon. The agency has es- which is viewed as the only way to re- the floor be granted to Bob Guidos, a tablished three strategic objectives for store peace in the Middle East. fellow on my staff, during the pendency the country: expanded economic oppor- They launched the first U.S.–PLO of S. 2334, the foreign operations appro- tunity, increased effectiveness of dialogue as well as the first pre- priations bill. democratic institutions, and improved paratory talks between Israeli and Pal- The PRESIDING OFFICER. Without environmental practices. Each of these estinian leadership in Tunis. Tunisia objection, it is so ordered. objectives certainly deserves special was the first Arab country to host Mr. DURBIN. I thank the Chair. attention and are quite important, meetings within the framework of the Mr. President, I have submitted three thus I have no complaint about them Peace Process. amendments for consideration by the as such. But, strengthening the Amer- Furthermore, a trilateral meeting chairman and ranking minority mem- ican educational presence in the coun- was held in Washington in October 1995 ber of the Foreign Operations Appro- try should also be an objective. In fact, bringing together the three Foreign priations Subcommittee. It is my un- it should be the primary objective. The Ministers of the United States, Israel derstanding that there will not be ob- American educational institutions can and Tunisia, followed soon afterwards jection, but I would like to briefly de- help achieve these other three objec- by another trilateral meeting, in Janu- scribe each of these amendments and tives, and many more, if their core edu- ary 1996, in Washington, D.C. A deci- then offer them for consideration by cational and research activities are en- sion was then announced to open, both the Senate. hanced. To some degree AID recognizes in Tunis and in Tel Aviv, interest sec- The first amendment that I will offer the invaluable resource they have in tions in order to encourage the process is one which addresses the microcredit these institutions, and the agency is in of normalization between Arab States issue. This is one that I think is of ex- fact contracting with them to help ac- and Israel. traordinary importance in terms of complish the goals it has set for the The Tunisian’s have undertaken supporting and promoting the entre- country. But it seems to have missed these diplomatic initiatives at some preneurial spirit of small business peo- the essential point that these institu- level of security risk. Tunisia’s next ple around the globe through the use of tions themselves need revitalization door neighbor is Libya. Nevertheless microcredit loans. after fifteen years of war in Lebanon, the Tunisians have refused to engage in For those unfamiliar with the term, and that this cannot be accomplished an arms race. In 1997, they participated microcredit is a very small loan given without supporting the rebuilding of in 20 joint military exercises with the to very poor people with dramatic and weakened institutional structures. The U.S. and the European Command. positive results. By accepting this American educational institutions in I believe it is time that we dem- amendment, we could enhance the lives Lebanon can and should be called upon onstrate our appreciation and support of thousands of impoverished people S9726 CONGRESSIONAL RECORD — SENATE September 1, 1998 throughout the world as well as their found in S. 2152, the Microcredit for convicted. We had hoped that the trial families and communities. Self-sufficiency Act of 1998, introduced and conviction would lead to the possi- Many years ago, I journeyed to Ban- in June, sponsored by myself, Senator bility of her being sentenced and then gladesh with a colleague of mine from OLYMPIA SNOWE of Maine, and 22 other extradited to the United States to the House of Representatives, Mike Senators on a bipartisan basis. serve time for her sentence in an Amer- Synar of Oklahoma, who passed away a I believe that the use of microcredit ican prison, which is customary under couple years ago. In Bangladesh, we loans is a pragmatic and proven meth- international law. But, the conviction saw the activities of the Grameen od for fostering the growth of small was appealed by her codefendants. Bank, the people’s bank, which gave businesses. Under the Peruvian system, the appeal small loans to very, very poor people. I thank the chairman for acceptance went to the Supreme Court, which Through those loans, these peoples of this amendment. called for a new trial. Now, the process lives were transformed. The people un- AMENDMENT NO. 3496 has started all over again. derstood that this was a rare oppor- (Purpose: To allocate funds available for ac- I have spoken directly to Jennifer tunity. And, they were supported by tivities pursuant to the Microenterprise Davis’ parents. I have spoken to the people in their communities who would Initiative) U.S. Ambassador to Peru, Mr. Jett, cosign the loans. The payback rate on Mr. DURBIN. I send this amendment about this case. It is not my intention the loans was in the high 90th percent- to the desk. in offering this amendment to in any ile. With only a few dollars, maybe The PRESIDING OFFICER. If there way be confrontational with the Gov- $100, a woman in Bangladesh had a is no objection, the pending amend- ernment of Peru. What we are attempt- chance to buy some tools that would ments are set aside so that the amend- ing to do is to urge them to follow ac- allow her to pursue a trade and to feed ments offered by the Senator from Illi- cepted international standards for a her family. Another woman might be nois are the pending business. The timely hearing and a timely trial of able to buy a dairy cow and with the clerk will report. Jennifer Davis and all other Americans milk from that cow she could feed her The assistant legislative clerk read being held in Peruvian prisons. We do children as well as provide products for as follows: not presume the outcome of these sale, which would provide some income The Senator from Illinois [Mr. DURBIN] trials. We do not ask for special or fa- for her family. proposes an amendment numbered 3496. vorable treatment, only that they be These microcredit loans are not char- Mr. DURBIN. Mr. President, I ask treated as prisoners are treated in the ity; they are a means to provide poor, unanimous consent that the reading of United States and most other coun- fledgling entrepreneurs in lesser devel- the amendment be dispensed with. tries—in a timely fashion—and that oped countries with loans for startup of The PRESIDING OFFICER. Without any decision by those courts be carried individual businesses. It has proven to objection, it is so ordered. out in a fair manner. be a successful way to help these peo- The amendment is as follows: That is all that we can ask. It is all ple achieve economic independence and that we do in this amendment. On page 11, line 15, before the period insert dignity for themselves. I send the amendment to the desk. It is interesting that where we found the following: ‘‘Provided further, That, of the funds appropriated under this heading and The PRESIDING OFFICER. The people in Bangladesh involved in made available for activities pusuant to the Chair asks the Senator, we still have microcredit, we also found timely dis- Microenterprise Initiative, not less than one- the Senator’s first amendment pend- cussion and debate about critical half shall be expended on programs providing ing. Does the Senator wish to dispose issues, such as the elevation of the sta- loans of less than $300 to very poor people, of his amendment prior to offering this tus of women, for example. It wasn’t a particularly women, or for institutional sup- amendment? surprise to find that the women in- port of organizations primarily engaged in Mr. DURBIN. I certainly do. I ask the making such loans’’. volved in Grameen Bank were also ac- chairman of the subcommittee if he tively involved in prenatal activities so AMENDMENT NO. 3497 has any objection. that their children would be more (Purpose: To express the sense of Congress Mr. MCCONNELL. Mr. President, we healthy. They also actively partici- regarding United States citizens impris- have no objection to the Durbin oned in Peru.) pated in family planning programs on a amendments. Maybe we should go voluntary basis that helped them to Mr. DURBIN. Mr. President, my sec- ahead and approve the first one. take personal responsibility for the ond amendment is one that deals with Mr. DURBIN. I thank the Senator. an issue of some controversy in my size of their families as well as other VOTE ON AMENDMENT NO. 3496 State of Illinois and one that we have issues that all of us, I believe, agree are The PRESIDING OFFICER. Is there part of the solution to dealing with de- followed very closely. Several years ago, two young people further debate on the amendment? veloping economies. Without objection, the amendment is My amendment will change the sta- from Illinois made a very serious mis- take. These young, I believe then teen- agreed to. tus of the program in one slight re- The amendment (No. 3496) was agreed age girls accepted an invitation to fly spect. It gives microcredit a higher pri- to. ority among U.S. enterprise develop- to Peru. It sounded too good to be true Mr. MCCONNELL. Mr. President, I and it was. They found themselves ment efforts. This amendment will en- move to reconsider the vote by which lured into a drug trade and subse- sure that at least half of the funds al- the amendment was agreed to. quently were arrested in Peru. ready appropriated through this bill, S. Mr. DURBIN. I move to lay that mo- For almost two years now, these 2334, for USAID for microenterprise ini- tion on the table. young ladies, one is Jennifer Davis of tiatives will be used for programs pro- The motion to lay on the table was Illinois, have languished in prison in viding loans of less than $300 to poor agreed to. people, particularly women, or for in- Lima, Peru. Neither Jennifer Davis nor stitutional support of organizations her family deny the fact that she is AMENDMENT NO. 3497 primarily engaged in microcredit guilty as charged and that she should The PRESIDING OFFICER. The loans. be sentenced and should serve time for clerk will report the second amend- We don’t increase the overall spend- the crime she has committed. In fact, ment. ing amount; we merely have a realloca- she has cooperated fully with the Peru- The assistant legislative clerk read tion of the smaller loans in this pack- vian authorities and those who are as follows: age. Existing loans have a remarkably seeking to find who was responsible for The Senator from Illinois [Mr. DURBIN] high repayment rate of 95 percent or the drug trading involved. proposes an amendment numbered 3497. more. The difficulty, of course, is that the Mr. DURBIN. Mr. President, I ask This amendment supports the goals Peruvian legal system is much dif- unanimous consent that the reading of of the Microcredit Summit held in ferent than the United States system. the amendment be dispensed with. Washington, DC, in 1997 to offer credit It took an excruciatingly long period of The PRESIDING OFFICER. Without for self-employment and other finan- time, nine months, before Jennifer was objection, it is so ordered. cial aid. It also supports the goals actually charged, brought to trial, and The amendment is as follows: September 1, 1998 CONGRESSIONAL RECORD — SENATE S9727 At the appropriate place in the bill, insert involving the controversial School of The PRESIDING OFFICER. Without the following new section: the Americas. I was prepared to offer objection, it is so ordered. SEC. ll. SENSE OF SENATE REGARDING UNITED that amendment which would close The amendment is as follows: STATES CITIZENS HELD IN PRISONS IN PERU. down and terminate the School of the At the appropriate place in the bill, insert It is the sense of the Senate that— Americas. That is an amendment the following new section: (1) as a signatory of the International Cov- which has been considered for many SEC. ll. (a) Not later than January 31, enant on Civil and Political Rights, the Gov- years in the U.S. House of Representa- 1999, the Inspector General of the Depart- ernment of Peru is obligated to grant pris- tives, and I voted for it there. I believe ment of Defense and the Inspector General of the Department of State shall jointly submit oners timely legal proceedings pursuant to we should close that School. That is Article 9 of the International Covenant on to Congress a report describing the follow- still my heartfelt belief. ing: Civil and Political Rights, which requires I have spoken to those who share my that ‘‘anyone arrested or detained on a (1) The training provided to foreign mili- criminal charge shall be brought promptly point of view. It is their belief at this tary personnel within the United States before a judge or other officer authorized by moment that we should not offer that under any programs administered by the De- law to exercise judicial power and shall be amendment. I follow their advice on partment of Defense or the Department of entitled to trial within a reasonable time or the subject. State during fiscal year 1998. release’’, and that ‘‘any one who is deprived Instead, I would like to offer for the (2) The training provided (including the of his liberty by arrest or detention shall be consideration of the Senate and the training proposed to be provided) to such entitled to take proceedings before a court, personnel within the United States under House of Representatives and all others such programs during fiscal year 1999. in order that that court may decide without an amendment that would require the delay on the lawfulness of his detention and (b) For each case of training covered by the order his release if the detention is not law- Inspectors General of the Department report under subsection (a), the report shall ful’’; of Defense and Department of State to include— (2) the Government of Peru should respect submit a report to Congress which (1) the location of the training; the rights of prisoners to timely legal proce- spells out exactly what training is (2) the duration of the training; dures, including the rights of all United available to foreign military leaders (3) the number of foreign military person- States citizens held in prisons in that coun- and personnel in the United States, in- nel provided the training by country, includ- try; and ing the units of operation of such personnel; cluding the location, the duration, the (4) the cost of the training; (3) the Government of Peru should take all numbers involved, the cost of the necessary steps to ensure that any United (5) the purpose and nature of the training; States citizen charged with committing a training, the purpose and nature of the and crime in that country is accorded open and training and, most importantly, an (6) an analysis of the manner and the ex- fair proceedings in a civilian court. analysis as to whether that training is tent to which the training meets or conflicts Mr. DURBIN. If there is no objection consistent with United States foreign with the foreign policy objectives of the United States, including the furtherance of from the chairman or ranking mem- policy and the goals of promoting de- mocracy and the civilian control of the democracy and civilian control of the mili- ber—— tary and the promotion of human rights. Mr. MCCONNELL. Mr. President, we military and the promotion of human have no objection to the second Durbin rights. I think this will set the stage Mr. FEINGOLD. Mr. President, I rise amendment. for a more thorough and thoughtful in support of an amendment to the fis- The PRESIDING OFFICER. Is there consideration of all of the programs cal year 1999 Foreign Operations appro- objection to the amendment? Without that might involve foreign military of- priations bill offered by the Senator objection, the amendment is agreed to. ficers and personnel being trained in from Illinois [Mr. DURBIN]. The amend- The amendment (No. 3497) was agreed the United States. ment requires a report to the Congress to. Let me say at the outset, I believe from the Inspectors General of the De- Mr. MCCONNELL. Mr. President, I that some of these programs are in- partments of Defense and State detail- move to reconsider the vote by which valuable, that many of the men and ing the type and purpose of military the amendment was agreed to. women who are participating in them training provided to foreign military Mr. DURBIN. I move to lay that mo- leave the United States and go back to personnel within the United States tion on the table. their home countries prepared to really during fiscal years 1998 and 1999. I am The motion to lay on the table was create a new military ethic. I think the pleased the Senate has adopted this agreed to. United States should continue on that amendment. The PRESIDING OFFICER. The Sen- course. But, unfortunately, in the past, I have long been opposed to the con- ator is recognized. particularly in the case of the School tinued operation of the United States AMENDMENT NO. 3498 of the Americas, there have been some Army’s School of the Americas (SOA), (Purpose: To require a report on the training very controversial instances where located at Fort Benning, Georgia. This provided to foreign military personnel in those who have been trained have re- amendment will ensure that the Con- the United States during fiscal years 1998 gress receives a full accounting of the and 1999) sponded in ways most of us would con- duration, cost, purpose and nature of Mr. DURBIN. Mr. President, I have sider to be anathema. They have re- the foreign military training at all one last amendment. Let me apologize. turned to their home countries and sites within the United States, includ- I thought they were going to be consid- have been involved in conduct of which ered en bloc. I understand now. I am sure no one would ever approve. ing the School of the Americas. The re- This last amendment is an attempt I ask and urge adoption of the port required by this amendment will to address a matter of great concern in amendment which I have offered. also include a list of the number and an objective manner, and that is the The PRESIDING OFFICER. Has the country of origin of foreign military of- concern of some in the United States Senator submitted the amendment? ficers trained and the units in which that we have expended taxpayers’ dol- Mr. DURBIN. I will submit the these officers serve. Further, the report lars over the years for the training of amendment. I just returned, Mr. Presi- must include an analysis of whether or foreign military officers and personnel dent, from a few weeks away, and I am not the training these officers receive in the United States with sometimes trying to get back into the flow of conflicts with the foreign policy objec- unintended tragic results. things. I thank the Senator for his for- tives of the United States. First, let me say, that many of the bearance. While the Senator’s amendment in- individuals who have come to the The PRESIDING OFFICER. The cludes all foreign military training United States from foreign countries to Chair welcomes the Senator back. The that is conducted in the United States, receive military training have returned clerk will read the amendment. this is an especially appropriate time to their home countries and have The assistant legislative clerk read to talk about the training at the served the cause of justice and the as follows: School of the Americas in particular. cause of civilian control of the mili- The Senator from Illinois [Mr. DURBIN] All across our country, millions of chil- tary in an admirable way, but there proposes an amendment numbered 3498. dren are beginning a new school year. have been notable exceptions. Mr. DURBIN. Mr. President, I ask Most students this year will study I will not at this moment offer the unanimous consent that the reading of math, science, history, and English, amendment that I had planned to offer the amendment be dispensed with. and perhaps foreign languages, art and S9728 CONGRESSIONAL RECORD — SENATE September 1, 1998 music. And they will learn the basic a new one. Over the past several years, Mr. MCCONNELL. Mr. President, I values of our society—honesty, integ- there have been a number of votes on ask unanimous consent that the order rity, and how to get along with each this issue in the House of Representa- for the quorum call be rescinded. other. tives. Many of our colleagues in the The PRESIDING OFFICER. Without There is one school in our country, other body share my concern about objection, it is so ordered. however, that has not subscribed to this school. Last year, an amendment AMENDMENT NO. 3499 these basic American values. It is to close SOA was defeated by the nar- (Purpose: To earmark funds for a hydraulic called the School of the Americas—a rowest of margins. It is clear that the drilling machine to provide potable drink- name which evokes the idea of a shared momentum behind the bipartisan effort ing water in the region of the Nuba Moun- system of values among the United to close this school is growing, and I tains in Sudan) States and our democratic neighbors in believe that SOA’s days are numbered. Mr. MCCONNELL. Mr. President, I the Americas. This school was created While it may be appropriate under have an amendment by Senator in 1946 with the best of intentions—to certain circumstances for the United BROWNBACK which has been cleared on train Latin American military officers States military to offer training to both sides of the aisle. I send it to the in combat and conterinsurgency skills, military forces from friendly nations, desk, amendment No. 3499. with the goal of professionalizing Latin it is a mistake to conduct this training The PRESIDING OFFICER. Without American armies and strengthening at the School of the Americas. I have objection, the pending amendment will the new democracies in our hemi- no objection to training military offi- be set aside. The clerk will report the sphere. Its curriculum has included cers from Latin America, but to con- amendment. some history and math and science and tinue to do so at this school places all The assistant legislative clerk read foreign languages, to be sure. But this future training under a sinister shadow as follows: school has replaced the traditional of doubt. This school’s reputation has The Senator from Kentucky [Mr. MCCON- three Rs with the three As—arrest, ab- been irrevocably tainted by the blood NELL], for Mr. BROWNBACK, proposes an duction, and assassination. Because of the victims of its graduates. In order amendment numbered 3499. many of its graduates have excelled at to remove any suggestion of respon- Mr. MCCONNELL. I ask unanimous the three As, the school has earned the sibility for the deaths of these innocent consent that reading of the amendment nickname the ‘‘School of the Assas- people from the United States, and in be dispensed with. sins.’’ Others call it the ‘‘School of Dic- order to lift the cloud of suspicion over The PRESIDING OFFICER. Without tators.’’ American military training, we must objection, it is so ordered. In 1991, following an internal inves- separate the legitimate training exer- The amendment is as follows: tigation, the Pentagon removed certain cises conducted by the United States On page 15, line 13, before the period insert SOA training manuals from circula- military from the sordid acts most no- the following: ‘‘: Provided, That, of the funds tion. On September 22, 1996, the Penta- torious graduates of SOA. The only appropriated under this heading, not less gon released the full text of those way to do that is to close the School of than $500,000 shall be available only to training manuals and acknowledged the Americas once and for all. Catholic Relief Services solely for the pur- that some of those manuals provided Mr. MCCONNELL. Mr. President, we pose of the purchase, transport, or installa- tion of a hydraulic drilling machine to pro- instruction in techniques that, in the have no objection to the DURBIN vide potable drinking water in the region of Pentagon’s words, were ‘‘clearly objec- amendment. the Nuba Mountains in Sudan’’. tionable and possibly illegal.’’ The The PRESIDING OFFICER. Is there techniques in question included tor- objection to the amendment offered by Mr. MCCONNELL. It is my under- ture, extortion, false arrest, and execu- the Senator from Illinois? standing there is agreement to the tion. And the students have learned Without objection, the amendment is amendment on both sides. these lessons very well. agreed to. Mr. LEAHY. There is no objection on The school’s alumni directory reads The amendment (No. 3498) was agreed this side. We find this amendment per- like a who’s who of international to. fectly acceptable. criminals. Among its graduates are Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Is there Manuel Noriega, at least 19 move to reconsider the vote by which objection to the amendment? Hearing Salvadorean officers implicated by El the amendment was agreed to. none, the amendment is agreed to. Salvador’s Truth Commission in the Mr. DURBIN. I move to lay that mo- The amendment (No. 3499) was agreed murder of six Jesuit priests, and offi- tion on the table. to. cers who participated in the coup The motion to lay on the table was Mr. MCCONNELL. I move to recon- against former Haitian president Jean- agreed to. sider the vote. Bertrand Aristide. Mr. DURBIN. Thank you, Mr. Presi- Mr. LEAHY. I move to lay that mo- Since I first came to the Senate in dent. tion on the table. 1993, I have been contacted by hundreds Mr. MCCONNELL. I suggest the ab- The motion to lay on the table was of Wisconsin residents, including reli- sence of a quorum. agreed to. gious and school groups, who see the The PRESIDING OFFICER. The Mr. MCCONNELL. I suggest the ab- closure of this school as a moral imper- clerk will call the roll. sence of a quorum. ative. The importance of removing the The assistant legislative clerk pro- The PRESIDING OFFICER. The imprimatur of the United States from ceeded to call the roll. clerk will call the roll. this school has been driven home many Mr. MCCONNELL. Mr. President, I The assistant legislative clerk pro- times during the listening sessions I ask unanimous consent that the order ceeded to call the roll. hold in each of Wisconsin’s 72 counties for the quorum call be rescinded. Mr. LEAHY. Mr. President, I ask every year. I share my constituents’ The PRESIDING OFFICER. Without unanimous consent that the order for shock and disappointment that our objection, it is so ordered. the quorum call be rescinded. government continues to operate a PRIVILEGE OF THE FLOOR The PRESIDING OFFICER. Without school with the miserable record of the Mr. MCCONNELL. Mr. President, I objection, it is so ordered. School of the Americas. As a member ask unanimous consent that Doug AMENDMENT NO. 3502 of the Senate Committee on Foreign James, a legislative fellow in the office (Purpose: To provide for progress reports to Relations, I am committed to promot- of MIKE DEWINE, be granted floor privi- Congress on efforts to update the architec- ing human rights throughout the leges during the pendency of S. 2334, ture of the international monetary system) world. We cannot do that by continu- the foreign operations bill. Mr. LEAHY. Mr. President, I ask ing to operate this school. The PRESIDING OFFICER. Without unanimous consent it be in order to I am pleased to be an original cospon- objection, it is so ordered. send to the desk an amendment on be- sor of S. 980, legislation introduced by Mr. MCCONNELL. I suggest the ab- half of the Senator from South Dakota, the Senator from Illinois [Mr. DURBIN] sence of a quorum. Mr. DASCHLE, and myself. to close this school. The movement to The PRESIDING OFFICER. The The PRESIDING OFFICER. Without close the School of the Americas is not clerk will call the roll. objection, the pending amendment will September 1, 1998 CONGRESSIONAL RECORD — SENATE S9729 be set aside. The clerk will report the ent with strong global economic growth and interest, and persons who violate laws of the amendment. stability in world financial markets. United States by abducting their children The assistant legislative clerk read Mr. LEAHY. I understand there is no should not be rewarded by being granted cus- as follows: objection to this amendment. The tody of those children. (b) SENSE OF THE CONGRESS.—It is the The Senator from Vermont [Mr. LEAHY], amendment is by Mr. DASCHLE, and Sense of the Congress that the United States for Mr. DASCHLE, for himself and Mr. LEAHY, joined by me. Government should promote international proposes an amendment numbered 3502. Mr. MCCONNELL. Mr. President, cooperation in working to resolve those Mr. LEAHY. Mr. President, I ask there is no objection on this side. cases in which children in the United States unanimous consent that reading of the The PRESIDING OFFICER. Is there are abducted by family members who are for- amendment be dispensed with. objection to the amendment offered by eign nationals and taken to foreign coun- The PRESIDING OFFICER. Without the Senator from Vermont, on behalf of tries, and in seeing that justice is served by objection, it is so ordered. the distinguished Democratic leader? holding accountable the abductors for viola- tions of criminal law. The amendment is as follows: Hearing none, the amendment is agreed At the appropriate place insert the follow- to. Mr. LEAHY. Mr. President, I under- ing: The amendment (No. 3502) was agreed stand there is no objection to this SEC. 1. SHORT TITLE.—Progress Reports to to. amendment. Congress on United States Initiatives to Up- Mr. LEAHY. I move to reconsider the Mr. MCCONNELL. There is no objec- date the Architecture of the International vote. tion on this side, Mr. President. Monetary System Mr. MCCONNELL. I move to lay that The PRESIDING OFFICER. Is there SEC. 2. REPORTS REQUIRED.—Not later than motion on the table. objection to the amendment? Hearing July 15, 1999 and July 15, 2000, the Secretary The motion to lay on the table was of the Treasury shall report to the Chairmen none, the amendment is agreed to. agreed to. and Ranking members of the Senate Com- The amendment (No. 3503) was agreed AMENDMENT NO. 3503 mittees on Appropriations, Foreign Rela- to. tions, and Banking, Housing and Urban Af- (Purpose: To urge international cooperation fairs and House Committees on Appropria- in recovering children abducted in the Mr. LEAHY. I move to reconsider the tions and Banking and Financial Services on United States and taken to other coun- vote. the progress of efforts to reform the archi- tries) Mr. MCCONNELL. I move to lay that tecture or the international monetary sys- Mr. LEAHY. Mr. President, I ask motion on the table. tem. The reports shall include a discussion of unanimous consent that the pending the substance of the US position in consulta- The motion to lay on the table was tions with other governments and the degree amendment be laid aside so that we agreed to. can consider an amendment by the dis- of progress in achieving international ac- Mr. MCCONNELL addressed the ceptance and implementation of such posi- tinguished Senator from Arkansas, Mr. Chair. tion with respect to the following issues: BUMPERS. (1) adapting the mission and capabilities of The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- the international monetary Fund to take objection, it is so ordered. ator from Kentucky. better account of the increased importance Mr. LEAHY. I send the amendment AMENDMENTS NOS. 3504 AND 3505 EN BLOC of cross-border capital flows in the world to the desk. economy and improving the coordination of Mr. MCCONNELL. Mr. President, I its responsibilities and activities with those The PRESIDING OFFICER. The have two amendments by Senator of the International Bank for Reconstruction clerk will report the amendment. KEMPTHORNE that have been cleared on and Development. The assistant legislative clerk read both sides. I ask unanimous consent (2) advancing measures to prevent, and im- as follows: that they now be considered. I send prove the management of, international fi- The Senator from Vermont [Mr. LEAHY], them to the desk. nancial crises, including by— for Mr. BUMPERS, proposes an amendment The PRESIDING OFFICER. Without (a) integrating aspects of national bank- numbered 3503. ruptcy principles into the management of objection, the pending amendment will international financial crises where feasible; Mr. LEAHY. I ask unanimous con- be set aside to consider the pending and sent that reading of the amendment be amendments offered by the Senator (b) changing investor expectations about dispensed with. from Kentucky. The clerk will report official rescues, thereby reducing moral haz- The PRESIDING OFFICER. Without the amendments. ard and systemic risk in international finan- objection, it is so ordered. cial markets— The assistant legislative clerk read The amendment is as follows: as follows: in order to help minimize the adjustment At the appropriate place add the following: costs that the resolution of financial crises The Senator from Kentucky [Mr. MCCON- SEC. . SENSE OF THE CONGRESS REGARDING NELL], for Mr. KEMPTHORNE, proposes amend- may impose on the real economy, in the INTERNATIONAL COOPERATION IN form of disrupted patterns of trade, employ- RECOVERING CHILDREN ABDUCTED ments numbered 3504 and 3505 en bloc. ment, and progress in living standards, and IN THE UNITED STATES AND TAKEN Mr. MCCONNELL. Mr. President, I reduce the frequency and magnitude of TO OTHER COUNTRIES. ask unanimous consent that reading of claims on United States taxpayer resources. (a) FINDINGS.—Congress finds that— (3) improving international economic pol- (1) Many children in the United States the amendments be dispensed with. icy cooperation, including among the group have been abducted by family members who The PRESIDING OFFICER. Without of Seven countries, to take better account of are foreign nationals and living in foreign objection, it is so ordered. the importance of cross-border capital flows countries; The amendments are as follows: in the determination of exchange rate rela- (2) children who have been abducted by an tionships. estranged father are very rarely returned, AMENDMENT NO. 3504 (4) improving international cooperation in through legal remedies, from countries that (Purpose: To require the purchase of Amer- the supervision and regulation of financial only recognize the custody rights of the fa- ican agriculture commodities with funds institutions and markets. ther; made available through this bill and to re- (5) strengthening the financial sector in (3) there are at least 140 cases that need to quire the Secretary of the Treasury to re- emerging economies, including by improving be resolved in which children have been ab- port annually on federal efforts to pur- the coordination of financial sector liberal- ducted by family members and taken to for- chase American agriculture commodities ization with the establishment of strong pub- eign countries; with funds made available through this lic and private institutions in the areas of (4) although the Convention on the Civil bill) prudential supervision, accounting and dis- Aspects of International Child Abduction, closure conventions, bankruptcy laws and done at the Hague on October 25, 1980, has On page 77, line 20, after the word ‘‘all’’ in- administrative procedures, and the collec- made progress in aiding the return of ab- sert ‘‘agriculture commodities,’’. tion and dissemination of economic and fi- ducted children, the Convention does not ad- On page 78, line 3, insert ‘‘(d) The Sec- nancial statistics, including the maturity dress the criminal aspects of child abduc- retary of the Treasury shall report to Con- structure of foreign indebtedness. tion, and there is a need to reach agreements gress annually on the efforts of the heads of (6) advocating that implementation of Eu- regrading child abduction with countries each Federal agency and the U.S. directors ropean Economic and Monetary Union and that are not parties to the Convention; and of international financial institutions (as the advent of the European Currency Unit, (5) decisions on awarding custody of chil- referenced in Section 514) in complying with or euro, proceed in a manner that is consist- dren should be made in the children’s best this sense of Congress resolution.’’ S9730 CONGRESSIONAL RECORD — SENATE September 1, 1998 AMENDMENT NO. 3505 GULF WAR ILLNESSES This year, I offered amendments to (Purpose: To direct the Secretary of the Mr. BYRD. Mr. President, Senator the Department of Defense authoriza- Treasury to instruct the United States ex- SPECTER announced earlier today the tion bill to improve the oversight and ecutive directors of international financial release of a voluminous and com- approval process for granting waivers institutions to use the voice and vote of prehensive report of the Committee on to use investigational drugs without the United States to support the purchase informed consent of the troops, and to of American agricultural commodities) Veterans’ Affairs special investigation unit on Gulf War illnesses. I commend require a review of chemical warfare On page 49, insert ‘‘(a)’’ before ‘‘The’’. the Senator from Pennsylvania and the defense doctrine to address exposure to On page 50, line 11, add the following: ‘‘(b) other Members of the Committee, in- low levels of chemical warfare agents. The Secretary of the Treasury shall instruct This last effort is based on a soon-to-be the United States Executive Directors of cluding my colleague from West Vir- international financial institutions listed in ginia, Senator ROCKEFELLER, on this released General Accounting Organiza- paragraph (a) of this section to use the voice report, which was over a year in the tion (GAO) study that I requested last and vote of the United States to support the making. In great detail, this report and year in conjunction with Senator purchase of American produced agricultural its appendices provide the justification LEVIN and Senator GLENN. I am sorry commodities with funds appropriated or for legislation that Senator SPECTER, to say that, despite DOD’s 1996 show of made available pursuant to this Act.’’ Senator ROCKEFELLER, and I intro- concern over possible chemical expo- Mr. MCCONNELL. I believe there is duced on July 28, S. 2358, the Gulf War sures at Khamisiyah [Kam-ih-see-yah] no objection to the two Kempthorne Veterans Act of 1998. and other Iraqi sites that may have re- amendments. The history of this sorry saga of war, sulted in the exposure of U.S. personnel The PRESIDING OFFICER. Is there illness, and bureaucratic bungling it to varying levels of chemical warfare objection to the amendments? Without details has not improved with time. In- agents, little has been done to address objection, the amendments are agreed deed, age has turned this victory wine the lack of training that should better to. into sour vinegar, not a vintage to be enable our troops to recognize and take The amendments (Nos. 3504 and 3505) savored. Since the signing of the cease effective action to protect themselves were agreed to. fire in Iraq in 1991, soldiers have been from these potential health threats. We Mr. LEAHY. I move to reconsider the complaining of symptoms that have have also requested GAO to look into vote. been poorly dealt with by the Depart- the adequacy of U.S. detection and pro- ment of Defense and the Department of Mr. MCCONNELL. I move to lay that tection equipment and efforts to ad- Veterans Affairs. As the years have motion on the table. dress hazardous, but not lethal, levels passed, we have learned that these sol- The motion to lay on the table was of chemical and biological warfare diers, sailors, and airmen had to oper- agents. This study will be completed agreed to. ate in a toxic atmospheric cocktail of Mr. LEAHY. Mr. President, I do not next year. environmental and battlefield hazards, While I hope that my efforts and the believe we have an amendment at the topped off with a chaser of vaccines efforts of other Members and Commit- moment. We are still checking around. and pills that may have interacted tees can push DOD and the VA into fac- I urge Members if they have amend- poorly with all the other hazardous ex- ing the serious new health con- ments to bring them to the floor be- posures. We have learned that our sequences of war on the modern battle- cause I have a feeling we are probably equipment to detect and protect our field, even these cannot adequately not that far away from third reading. troops may not be good enough, and substitute for an epiphany in those de- Mr. MCCONNELL. I suggest the ab- that their training and doctrine is in- partments that will result in a sincere sence of a quorum. adequate. We have even learned of the and thorough examination of this The PRESIDING OFFICER. The role that the U.S. played in arming issue, and in proactive and coordinated clerk will call the roll. Iraq with chemical and biological war- steps to correct the deficiencies out- The assistant legislative clerk pro- fare technology and materials. Finally, lined in this comprehensive report. ceeded to call the roll. DOD and the VA record keeping was There is no smoking gun in this re- Mr. MCCONNELL. Mr. President, I poor, the databases inadequately de- port, no explosive new evidence that ask unanimous consent that the order signed and incompatible, so that the says ‘‘whodunit’’ and why. But like for the quorum call be rescinded. ability to identify battlefield expo- previous reports by Congress, the GAO, The PRESIDING OFFICER. Without sures—when known—is not available to and the Presidential Advisory Commit- objection, it is so ordered. the VA when requested by a sick sol- tee on Gulf War Illnesses, this report dier. We won the war, but the price Mr. MCCONNELL. Mr. President, mo- confirms that our veterans were ex- paid by these soldiers has been unac- ments ago, we adopted amendment No. posed to a poison cocktail of hazardous ceptably high, perhaps needlessly high. 3503 by the Senator from Arkansas, materials, that many are now ill, and And DOD and the VA have done little Senator BUMPERS. I ask unanimous that the bureaucratic response has to correct the problems. The official consent that Senator HUTCHINSON of been slow and stumbling. It is likely Arkansas be added as a cosponsor. motto seems to be ‘‘That which does not kill us, we ignore—unless forced to that there will never be a clear and The PRESIDING OFFICER. Without final answer for our sick soldiers and objection, it is so ordered. address it.’’ Like other Members, I have tried to their families as to exactly what ails Mr. MCCONNELL. Mr. President, I correct these matters as they have them. But this report does offer many suggest the absence of a quorum. come to light. I successfully offered an corrective recommendations aimed at The PRESIDING OFFICER. The amendment to ensure DOD and the In- preventing the veterans of the next war clerk will call the roll. telligence Community consultation from having to go through the years of The assistant legislative clerk pro- when pathogens useful to a biological frustration and outrage that the sick ceeded to call the roll. warfare program are approved for ex- veterans of the Persian Gulf War have Mr. BYRD. Mr. President, I ask unan- port, so that we have a better oppor- endured. It also offers a solid founda- imous consent that the order for the tunity to track countries that have the tion to move forward and address the quorum call be rescinded. capability, if not the intent, to produce legitimate health concerns of Persian The PRESIDING OFFICER. Without biological warfare agents. I obtained Gulf veterans that are contained in S. objection, it is so ordered. funding for the first peer-reviewed sci- 2358, the Persian Gulf Veterans Act of Mr. BYRD. Mr. President, has the entific studies of the possible health ef- 1998. Gulf War veterans in West Vir- Pastore rule expired? fects of exposure to low levels of chem- ginia and across the country are get- The PRESIDING OFFICER. The Pas- ical warfare agents. An amendment I ting sick as a result of their participa- tore rule will expire at 12:30. authored that was adopted by the Sen- tion in the Gulf War, which may have Mr. BYRD. I thank the Chair. I ask ate but rejected in conference would exposed them to a variety of hazardous unanimous consent that I may speak have provided military health care to materials and chemicals while serving out of order. the children of Gulf War veterans born their country. But instead of receiving The PRESIDING OFFICER. Without with birth defects that might be linked medical care, these veterans are given objection, it is so ordered. to their parent’s wartime exposures. bureaucratic excuses. It is time to end September 1, 1998 CONGRESSIONAL RECORD — SENATE S9731 the litany of excuses and to give our when on May 12 of 1998 we had the deto- then it was followed immediately by veterans the health care they deserve. nation of nuclear devices—actually it Pakistan. It is a matter where those in I again thank my friend from Pennsyl- was on May 11—by India and two more India might well question the intensity vania, Mr. SPECTER, for his efforts, and on May 13. Then Pakistan responded of interest of the United States in the the efforts and my colleague from West with five tests on May 28 and one on Comprehensive Test Ban Treaty when Virginia, Mr. ROCKEFELLER. I congratu- May 30. The issues posed by India and the United States is not a party to the late and thank the committee for its Pakistan engaging in nuclear tests is Comprehensive Test Ban Treaty. efforts. I look forward to the successful one of overwhelming importance to the Mr. President, I ask unanimous con- passage of S. 2358. feuding which has been going on be- sent that this letter of August 28, 1995, Mr. President, I thank my friend, Mr. tween those two countries for years be printed in the RECORD at the conclu- SPECTER, for his courtesy in allowing and the possibility of nuclear war being sion of my remarks. me to proceed at this point. I now yield initiated as a result of those two na- The PRESIDING OFFICER. Without the floor. tions now having publicly announced objection, it is so ordered. Mr. SPECTER addressed the Chair. their nuclear powers, having tested nu- (See Exhibit 1.) Mr. SPECTER. Mr. President, I later The PRESIDING OFFICER (Mr. SES- clear devices. wrote to the President on May 12 of SIONS). The Senator from Pennsyl- I saw firsthand the issues relating to vania. these two countries when Senator 1998 enclosing a copy of that letter of August 28, 1995, urging him to move on f Hank Brown and I visited both India the matter. I ask unanimous consent and Pakistan back in August of 1995. FOREIGN OPERATIONS, EXPORT that a copy of this letter of May 12, On August 28, 1995, Senator Brown and FINANCING, AND RELATED 1998, be printed in the RECORD at the I sent the following letter to President AGENCIES APPROPRIATIONS conclusion of my remarks. Clinton: ACT, 1999 The PRESIDING OFFICER. Without DEAR MR. PRESIDENT: I think it important objection, it is so ordered. The Senate continued with the con- to call to your personal attention the sub- (See Exhibit 2.) sideration of the bill. stance of meetings which Senator Hank Mr. SPECTER. Mr. President, on AMENDMENT NO. 3506 Brown and I have had in the last two days with Indian Prime Minister Rao and Paki- May 14, 1998, I wrote to Senator HELMS (Purpose: To provide funding for the Com- stan Prime Minister Benazir Bhutto. as follows: prehensive Nuclear Test Ban Treaty Pre- Prime Minister Rao stated that he would I write to urge you to act as promptly as paratory Commission) be very interested in negotiations which possible to conduct a hearing or hearings and Mr. SPECTER. Mr. President, I send would lead to the elimination of any nuclear to bring the Comprehensive Test Ban Treaty an amendment to the desk and ask for weapons on his subcontinent within ten or to the Senate floor for a ratification vote. In its immediate consideration. fifteen years including renouncing first use my judgment, the events of the past several The PRESIDING OFFICER. If there of such weapons. His interest in such nego- days make that the Senate’s number one pri- tiations with Pakistan would cover bilateral ority. is no objection, the pending amend- Following India’s nuclear tests, Pakistan ment is set aside. The clerk will report. talks or a regional conference which would include the United States, China and Russia is now preparing for similar tests. North The legislative clerk read as follows: in addition to India and Pakistan. Korea has stated its intention to move for- The Senator from Pennsylvania [Mr. SPEC- When we mentioned this conversation to ward to develop nuclear weapons and Iran TER], for himself and Mr. BIDEN, proposes an Prime Minister Bhutto this morning— and Iraq are lurking in the background. At a hearing before the Defense Appropria- amendment numbered 3506. That is on August 28— At the appropriate place in the bill, insert tions Subcommittee yesterday, Secretary of the following: She expressed great interest in such negotia- Defense Cohen urged Senate consideration SEC. . Of the funds appropriated by this tions. When we told her of our conversation and ratification of the treaty. Act, or prior Acts making appropriations for with Prime Minister Rao, she asked if we As you know, the President submitted the foreign operations, export financing, and re- could get him to put that in writing. treaty to the Senate on September 22, 1997, lated programs, not less than $28,900,000 shall When we asked Prime Minister Bhutto and the only hearings which have been held be made available for expenses related to the when she had last talked to Prime Minister were conducted by the Governmental Affairs Comprehensive Nuclear Test Ban Treaty Rao, she said that she had no conversations Subcommittee on International Security, Preparatory Commission; Provided, That with him during her tenure as Prime Min- Proliferation and Federal Services on Octo- such funds may be made available through ister. Prime Minister Bhutto did say that ber 27, 1997, and March 18, 1998, and the Ap- the regular notification procedures of the she had initiated a contact through an inter- propriations Subcommittee on Energy and Committee on Appropriations. mediary but that was terminated when a Water Development on October 28, 1997. new controversy arose between Pakistan and I noted the comment in your letter to the Mr. SPECTER. Mr. President, this India. President on January 21, 1998, that this trea- funding is very important so that the From our conversations with Prime Min- ty is very low on the Committee’s list of pri- processing of the Comprehensive Test ister Rao and Prime Minister Bhutto, it is orities, and I also heard your staffer on Na- Ban Treaty may go forward. This trea- my sense that both would be very receptive tional Public Radio this week state that the ty is an important component of nu- to discussions initiated and brokered by the Foreign Relations Committee did not intend to move ahead on the treaty. clear arms control and nonprolifera- United States as to nuclear weapons and also delivery missile systems. I am concerned that inaction by the Sen- tion policy. I am dictating this letter to you by tele- ate may have led the government of India to On behalf of the United States, Presi- phone from Damascus so that you will have think that the United States is indifferent to dent Clinton signed the treaty on Sep- it at the earliest moment. I am also nuclear testing which, I believe, is definitely tember 24, 1996, the day it was open for telefaxing a copy of this letter to Secretary not the case. The events of the past several signature, and thereafter transmitted of State Warren Christopher. days threaten an international chain reac- it to the Senate on September 22, 1997, After sending that letter to President tion on the proliferation of nuclear weapons and an imminent threat to world peace. for advice and consent or ratification. Clinton, I have had an opportunity to From comments on the Senate floor and in The treaty has been signed by 149 na- discuss the issue with President Clin- the cloakroom, I know that many, if not tions, ratified by 15. The treaty will ton on a number of occasions, and the most, of our colleagues share my concern enter into force after 44 states specified President has stated an interest in try- about action on the treaty. in the treaty have ratified it. The ini- ing to work with both India and Paki- I realize that there is some opposition to tial signatories to the Comprehensive the treaty; if it is the will of the Senate not stan. Of course, the President has com- to ratify, so be it; but at the very least, the Test Ban Treaty established a pre- municated with both India and Paki- matter should be submitted to the full Sen- paratory commission to carry out the stan, at least following their nuclear ate. necessary preparations for implemen- detonations. But that is a matter Sincerely, tation of the treaty as its entry into which I think might profitably involve ARLEN SPECTER. force. The preparatory commission will substantial activity by the United Mr. President, I ask unanimous con- ensure that a verification regime is es- States. sent that a copy of that letter be print- tablished that can meet the treaty’s re- But the succession of events have fol- ed in the RECORD at the conclusion of quirements. lowed so that in May of this year, the my remarks. The need for this treaty came into time had arisen for India to make a The PRESIDING OFFICER. Without very, very sharp focus earlier this year public disclosure, a public test, and objection, it is so ordered. S9732 CONGRESSIONAL RECORD — SENATE September 1, 1998 (See Exhibit 3.) I think it is an unfortunate situation to you dated August 28, 1995, concerning the Mr. SPECTER. Mr. President, Sen- that we have the Comprehensive Test United States brokering arrangements be- ator HELMS has not responded to that Ban Treaty not moving forward in the tween India and Pakistan to make their sub- letter. I think it appropriate to note Senate. Under the Constitution, Senate continent nuclear free. You may recall that I have discussed this Senator HELMS has been absent for ratification is necessary if a treaty is issue with you on several occasions after I some time because of important medi- to take effect. It would be my hope sent you that letter. cal reasons—a knee replacement, I be- that the Foreign Relations Committee In light of the news reports today that lieve. would hold hearings on the matter or India has set off nuclear devices, I again urge On May 19, Senator BIDEN and I cir- make its own judgment, or bring the you to act to try to head off or otherwise culated a ‘‘Dear Colleague’’ letter re- matter to the Senate floor, and let the deal with the India/Pakistan nuclear arms questing cosponsors for a resolution full Senate work its will. race. urging hearings before the Senate For- In the absence of activity there, this I continue to believe that an invitation amendment—to repeat—has the effect from you to the Prime Ministers of India and eign Relations Committee and debate Pakistan to meet in the Oval Office, after ap- on the Senate floor. There are at this of being a test vote, so to speak, al- propriate preparations, could ameliorate this moment 36 cosponsors. though you can support the Pre- very serious problem. On July 21 of this year, I offered an paratory Commission without nec- I am taking the liberty of sending a copy amendment to the fiscal year foreign essarily being for the treaty, because of this letter to Secretary Albright. operations bill to remove the prohibi- we have to take these steps in any Sincerely, tion on funding for the Comprehensive event. ARLEN SPECTER. Test Ban Treaty Preparatory Commis- Mr. President, I ask unanimous con- EXHIBIT 3 sion. That amendment was accepted. sent that Senator BIDEN be listed as U.S. SENATE, Mr. President, I believe that the inclu- my principal cosponsor on the pending COMMITTEE ON VETERANS’ AFFAIRS, sion of these funds is very, very impor- amendment. Washington, DC, May 14, 1998. tant so that the Preparatory Commis- The PRESIDING OFFICER. Without HON. JESSE HELMS, U.S. Senate, Washington, DC. sion can move forward. But I believe objection, it is so ordered. DEAR SENATOR HELMS: I write to urge you EXHIBIT 1 that this amendment has further sig- to act as promptly as possible to conduct a nificance as a test vote, so to speak, as U.S. SENATE, hearing or hearings and to bring the Com- to the views of the Senate on the Com- SELECT COMMITTEE ON INTELLIGENCE, prehensive Test Ban Treaty to the Senate prehensive Test Ban Treaty. Washington, DC, August 28, 1995. floor for a ratification vote. In my judgment, I have discussed with my distin- The PRESIDENT, the events of the past several days make The White House, guished colleague, Senator MCCON- that the Senate’s number one priority. Washington, DC. Following India’s nuclear tests, Pakistan NELL, the chairman of the subcommit- DEAR MR. PRESIDENT: I think it important tee, my interest in having a vote on is now preparing for similar tests. North to call to your personal attention the sub- Korea has stated its intention to move for- this matter. I do so not only to stance of meetings which Senator Hank ward to develop nuclear weapons and Iran strengthen the position in conference— Brown and I have had in the last two days and Iraq are lurking in the background. as a practical matter, if a matter is ac- with Indian Prime Minister Rao and Paki- At a hearing before the Defense Appropria- stan Prime Minister Benazir Bhutto. tions Subcommittee yesterday, Secretary of cepted on a voice vote, there is not Prime Minister Rao stated that he would Defense Cohen urged Senate consideration quite the punch as if there is a very be very interested in negotiations which and ratification of the treaty. substantial vote in favor of the amend- would lead to the elimination of any nuclear As you know, the President submitted the ment. And I do recognize that calling weapons on his subcontinent within ten or treaty to the Senate on September 22, 1997, for a vote on the amendment—that any fifteen years including renouncing first use of such weapons. His interest in such nego- and the only hearings which have been held vote on the Senate floor is risky busi- were conducted by the Governmental Affairs ness to an extent, but I believe that a tiations with Pakistan would cover bilateral talks or a regional conference which would Subcommittee on International Security, vote will have significance beyond the include the United States, China and Russia Proliferation and Federal Services on Octo- specific dollars and cents which are in- in addition to India and Pakistan. ber 27, 1997, and March 18, 1998, and the Ap- volved here. When we mentioned this conversation to propriations Subcommittee on Energy and It is my sense that arms control is a Prime Minister Bhutto this morning, she ex- Water Development on October 28, 1997. very, very important international pressed great interest in such negotiations. I noted the comment in your letter to the issue at the present time, if not the When we told her of our conversation with President on January 21, 1998, that this trea- ty is very low on the Committee’s list of pri- most important issue. As we speak, Prime Minister Rao, she asked if we could get him to put that in writing. orities, and I also heard your staffer on Na- President Clinton is meeting with Rus- When we asked Prime Minister Bhutto tional Public Radio this week state that the sian President Yeltsin in a very unsta- when she had last talked to Prime Minister Foreign Relations Committee did not intend ble situation in Russia. There are con- Rao, she said that she had no conversations to move ahead on the treaty. cerns as to what the future of the Gov- with him during her tenure as Prime Min- I am concerned that inaction by the Sen- ernment headed by President Yeltsin ister. Prime Minister Bhutto did say that ate may have led the government of India to will be. There are concerns that the she had initiated a contact through an inter- think that the United States is indifferent to nuclear testing which, I believe, is definitely Communist Party may gain power in mediary but that was terminated when a new controversy arose between Pakistan and not the case. The events of the past several Russia. There are obvious concerns India. days threaten an international chain reac- about what may happen to the Russian From our conversations with Prime Min- tion on the proliferation of nuclear weapons Government in the future and whether ister Rao and Prime Minister Bhutto, it is and an imminent threat to world peace. militaristic forces or reactionary my sense that both would be very receptive From comments on the Senate floor and in forces might take control there, which to discussions initiated and brokered by the the cloakroom, I know that many, if not could plunge the world into another United States as to nuclear weapons and also most, of our colleagues share my concern arms race. So this issue with Russia is delivery missile systems. about action on the treaty. I am dictating this letter to you by tele- I realize that there is some opposition to a very, very important one as we take phone from Damascus so that you will have the treaty; if it is the will of the Senate not a look at arms control. it at the earliest moment. I am also to ratify, so be it; but at the very least, the We have the issues with China, an telefaxing a copy of this letter to Secretary matter should be submitted to the full Sen- emerging power, and the need to limit, of State Warren Christopher. ate. to the extent we can, activity by China Sincerely, Sincerely, on nuclear testing. We have the situa- ARLEN SPECTER. ARLEN SPECTER. tion in North Korea where the reports EXHIBIT 2 Mr. SPECTER. For the moment, I are that they are moving back for their U.S. SENATE, yield the floor. nuclear weapons. We have Iran and COMMITTEE ON VETERANS’ AFFAIRS, Mr. LEAHY addressed the Chair. Iraq, emerging powers, with nuclear Washington, DC, May 12, 1998. The PRESIDING OFFICER. The Sen- weapons. We have missiles being sold The PRESIDENT, The White House, ator from Vermont. to Pakistan. There is a very dangerous, Washington, DC. Mr. LEAHY. Mr. President, I say, for very unsafe world out there, to put it DEAR MR. PRESIDENT: With this letter, I those on this side of the aisle who may mildly. am enclosing a copy of a letter which I sent have amendments, it is a good time to September 1, 1998 CONGRESSIONAL RECORD — SENATE S9733 bring them forward. Again, I hope, nize the importance of passing it before accountants; that all women have ac- along with the distinguished chairman we leave. All we have left is 6 weeks. cess to appropriate specialists for the of the subcommittee, that we might be Mr. President, it is critical that we gynecological and obstetrician care able to wrap up relatively soon on this complete our work, that we get this job that they need; that patients with life- piece of legislation. I mention that, for done, that we do so in the remaining threatening conditions have access to those who are sitting around wonder- time we have, and that we allow a full clinical trials; an effective end to gag ing if there is anything better to be debate given the differences we have on practices that inhibit doctors from doing, that now is a good time to do it. how we might approach this issue. making medical recommendations and Many have called; few are accepted. Mr. President, I ask unanimous con- suggestions based on their patients’ Now is the time to do it. sent that upon disposition of the for- needs; that all patients have access to With that, Mr. President, and nobody eign operations appropriations bill, the a meaningful and timely internal and else seeking recognition, I yield the Senate proceed to consideration of Cal- external appeal, similar to what we floor. endar No. 505, H.R. 4250, the House- have in Medicare, for example; and f passed health care reform bill; that that the States themselves, if they so only relevant amendments be in order; choose, to find further accountability RECESS that the bill be the regular order, but for those who are going to practice Mr. LEAHY. Mr. President, I ask that the majority leader may lay it medicine. unanimous consent that we now recess aside for any appropriations bill or ap- Am I correct that these elements for our policy lunches. propriations conference report which were included in the legislation which There being no objection, at 12:27 he deems necessary to consider be- the minority leader introduced, and p.m., the Senate recessed until 2:16 tween now and the end of this session that these are measures—along with p.m.; whereupon, the Senate reassem- of Congress. others, that the minority leader thinks bled when called to order by the Pre- The PRESIDING OFFICER. Is there the Senate ought to have an oppor- siding Officer (Mr. FRIST). objection? tunity to debate, discuss and vote Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL addressed the upon—were based in part on the com- suggest the absence of a quorum. Chair. ments that have been made to the mi- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- nority leader, I am sure, from people in clerk will call the roll. ator from Kentucky. his own State, and from representa- The legislative clerk proceeded to Mr. MCCONNELL. I object. tives of the 170 leading patient and call the roll. Mr. DASCHLE addressed the Chair. medical organizations in this country? Mr. DASCHLE. Mr. President, I ask The PRESIDING OFFICER. The These are the groups that are sup- unanimous consent that the order for Democratic leader. porting the leader’s legislation, and the quorum call be rescinded. Mr. DASCHLE. Mr. President, I am they are supporting this action as well. The PRESIDING OFFICER. Without very deeply disappointed that the Sen- And I understand that now the Repub- objection, it is so ordered. ator from Kentucky has seen fit to ob- lican leadership has just objected to f ject to this. our request to move forward to debate We will continue to press this mat- on health care legislation, on the Pa- UNANIMOUS-CONSENT REQUESTS— ter. We will look for other opportuni- PATIENTS’ BILL OF RIGHTS tients’ Bill of Rights? Is that what we ties. I would much rather do it in an have just seen on the floor of the Sen- Mr. DASCHLE. Mr. President, I will orderly fashion using the regular order ate? not take long. I know that there are to allow this to come up and be de- Mr. DASCHLE. The Senator from discussions ongoing. bated. But if we cannot do it that way, Massachusetts is absolutely correct. Before we left for the August recess, we will offer it in the form of amend- First, to the point he made about rel- Democrats made it very clear that it is ments. One way or the other we will evancy, what our unanimous consent essential that we not leave here before press for this issue. We will see it re- request would have done is simply al- the end of the year without having solved, and see it resolved successfully, lowed what we have attempted to nego- taken up and passed the Patients’ Bill because I don’t believe there is another tiate with our Republican colleagues of Rights. I think it is very clear, given issue out there this year that is of now for months, which is to allow a the extraordinary degree of interest in greater importance to the American good debate about this issue and allow the issue on both sides of the aisle, people. the opportunity for the Senate to de- that there is an opportunity for us to I would be happy to yield to the Sen- cide on relevant amendments. complete our work on that bill. I hope ator. This may be one of the most com- we can do it sooner rather than later. I Mr. KENNEDY. Mr. President, if the prehensive and most complicated medi- see no reason why we cannot do it Senator will yield, as I understand it, cal issues that the Senate will address within the course of the next couple of the proposal that was made by the mi- for a long period of time. It is impos- weeks. nority leader would have only per- sible for us to address it in the way I will propound a unanimous consent mitted amendments that were relevant that has been suggested by some on the request that would allow us to do that. to the underlying measure, which other side, that we have an up-or-down The request, very simply, would allow would be the Patients’ Bill of Rights, vote on two simple bills. There is noth- the Senate to take up the House-passed and that would have still granted to ing simple about them. These are very HMO reform bill, begin the debate, the majority leader the opportunity to serious questions about holding health allow relevant amendments, and set move ahead, as we must, with the var- insurance companies accountable, the bill aside at the request of the ma- ious appropriations bills, and appro- about making sure that when a woman jority leader to take up appropriations priations conference reports. has a mastectomy she can be pro- bills when they are ready to be consid- As I understand, if the leader’s pro- tected, about making absolutely cer- ered. It takes into account the need for posal had been accepted, we would then tain that when you go into a pharmacy us to complete our work on appropria- have had the opportunity to consider you have a drug that the doctor pre- tions bills, and it takes into account this very important piece of legislation scribed and not something that the the high priority that both parties in an orderly way that would ensure health care company prescribed. have put on dealing with this issue. adequate debate and discussion. The Those are the kinds of issues that we But I must say, for Democrats, that proposal would have ensured, if the ought to have the opportunity to de- there cannot be a more important issue Senator would agree, an opportunity to cide in a very careful way. So we of- than the complete and successful con- debate relevant amendments on criti- fered a unanimous consent request that clusion of the debate on managed care cally important issues. It would have would have allowed for relevant and the Patients’ Bill of Rights. We allowed the Senate to debate amend- amendments. now have over 170 different organiza- ments that would ensure: that health The Senator is absolutely right, as tions that have said they join us in care decisions are being decided by doc- well, about the 170 organizations. In supporting this legislation and recog- tors rather than insurance company my time in the Senate on an issue of S9734 CONGRESSIONAL RECORD — SENATE September 1, 1998 any magnitude, I don’t remember a That is what we are up against. That ries of someone whose neck was bro- time when over 170 organizations of all is the motivation in offering the unani- ken, taken to an emergency room, and philosophical stripes were on board and mous consent request this afternoon. told you can’t get this covered because said, yes, we want to pass this bill. I would be happy to yield to the Sen- you didn’t have prior approval, brought That is phenomenal. That is historic. ator from North Dakota. to the emergency room with a broken And so the Senator is right. I hope, re- Mr. DORGAN. I wanted to ask the neck, unconscious. So I mean these gardless of whether it is today or to- Senator to yield for a question. This is issues go on and on and on, the stories morrow or sometime soon, we can have a critically important issue that af- go on forever, and the question is, Is the kind of debate the Senator from fects tens and tens of millions of Amer- the Congress going to address it? Is Massachusetts and others have called icans. It deals with the question of Congress going to deal with it? Does for for a long period of time. We need whether, when they show up and are ill the Congress think it is an important time to do it. and need health care treatment, they issue? If it thinks it is an important Mr. KENNEDY. Will the Senator fur- are going to be told by their attending issue, then we ought to be debating it ther yield? physician who is working for a man- on the floor of the Senate; we ought to Mr. DASCHLE. I would be happy to aged care organization all of their op- make time and allow for discussion. yield. tions for medical treatment or just the That is what the Senate is about. I cheapest. We have talked day after day Mr. KENNEDY. I welcome the oppor- hope, I say to the Senator from South in this Chamber about how these issues tunity for those who support the Re- Dakota, the Democratic leader, I hope deal with the life and death of patients. publican position to provide the Senate very much that we continue to push We had one story here about a man- with the names of the medical organi- and continue to press, and we will not aged care organization that evaluated zations and the patient organizations take no for an answer. We want this a young boy and determined that be- that support their proposal. Yet I think piece of legislation on the floor of the cause he had only a 50 percent chance this may not be possible, because I be- Senate for full and open debate so we of being able to walk by age 5, it was lieve they do not exist. can resolve this issue on behalf of all determined insignificant and he shall Americans. But let me ask the Senator if I state not therefore be eligible for the ther- this correctly. We debated the defense I thank the Senator for yielding. apy—a 50 percent chance of walking by Mrs. BOXER. Will the Senator yield? authorization bill for eight days and age 5 is insignificant so don’t help him. Mr. DASCHLE. I thank the Senator 124 amendments were offered; in fact, These are important issues. for his contribution. 10 were cosponsored by the majority Now, the question I ask the Senator I would be happy to yield to the Sen- leader and the assistant majority lead- from South Dakota, we have put to- ator from California. er. We spent five days on agricultural gether legislation, we have developed Mrs. BOXER. I thank my leader for appropriations with 55 amendments of- legislation that I think is very impor- making what I think is a very rational fered; seven days on the most recent tant and we have been working very request, that we take up a Patients’ budget resolution with 105 amend- hard to try to get it to the floor of the Bill of Rights and we have the option ments; nineteen days on the highway Senate. We spent days debating the re- of amending such a bill so that we can bill with 100 amendments offered. naming of an airport, but apparently in fact help the majority of the Amer- Does the Senator agree with me that we don’t have time to deal with the ican people who are telling us pretty we ought to be able to deal with pa- issue of managed care reform and a Pa- unequivocally here they want quality tient protection legislation in a timely tients’ Bill of Rights. How many health care. I have a brief comment way that might not even come close to months have we been trying to get a and then a question for my colleague the time spent on other pieces of legis- time to get this issue to the floor of and my leader. lation that we have had here earlier in the Senate so that we can debate it and Mr. Leader, I want you to know the year? Does the Senator think, deal with this issue? I ask the minority about a story in my State. There are so given the fact we had spent 19 days on leader, how many months have we many of them, and I have told many of the highway bill, that we ought to be worked to try to get this issue to the them on the floor. This particular able to spend at least a few days on rel- floor of the Senate for debate? story, I think, is quite poignant be- evant amendments on something that Mr. DASCHLE. I think the Senator cause it has a good ending to it. But it affects every family in this country, af- from North Dakota raises a very im- makes a very important point and I fects their children, affects husbands portant point. This particular bill has think our Presiding Officer who is sit- and wives, affects grandparents in a been pending now for over 6 months. ting in the Chair, our President of the very, very special and personal way? And as the Senator from Massachu- day, would be interested in this as a Does the Senator agree that this would setts noted, over that period of time, physician. not be a wasted period of time in terms more and more groups from all over A little girl named Carly Christie got of the remaining several weeks for de- the country, the doctors, the nurses, a very rare type of cancer many years bate? And would not the Senate minor- people in health care delivery from vir- ago, about 9 years ago. It required ity leader be willing to work out a sat- tually every facet and every walk of some very delicate surgery that only a isfactory kind of time frame so that we life, every one of them have said you couple of specialists had ever really could have this debate? put your finger on a problem that you performed before. It was a cancerous Mr. DASCHLE. The Senator from have to solve. It is getting worse out tumor on her kidney. Her dad went to Massachusetts is absolutely right. there. And unless we address the situa- the HMO and said, ‘‘Look, I know the When you think about it, we spent a tion meaningfully in public policy, it doctors who know how to do this and I lot of good time on the highway bill, will continue to get worse. How long am going to go and have this operation time we needed to spend on a bill that must we wait? Must we wait until next done.’’ I supported. We all know that the high- year or the year after? And how many The HMO said, ‘‘No, you are not. We way bill has many complicated aspects millions of people will be adversely af- have a general surgeon, and the general to it; there wasn’t any objection from fected if we do not act? They are tell- surgeon can do this operation.’’ the other side in that regard. The high- ing us to act. And I hope we will do it ‘‘Well, has the general surgeon ever way bill was complicated, and because before the end of this session of Con- done such an operation before?’’ it was, we offered, as the Senator gress. ‘‘No.’’ noted, over 100 amendments. Now what Mr. DORGAN. If the Senator will And Mr. Christie said, ‘‘This is my they are saying on this particular bill yield further, just another point. I re- flesh and blood. This is my child. I is that even though it is every bit as gret that there is opposition to the re- want her to live. I need to go to some- complicated, they are only willing to quest. It seems to me the request is ap- one, a specialist, who knows how to do provide three slots for amendments— propriate. Do the appropriations bills, this operation.’’ not 100, not 75, not 50, but three slots do the conference reports, but make They said, ‘‘No.’’ on a bill that affects personally more time at least to do this issue. We have He got the money, $50,000, I tell my people than even the highway bill. talked about in this Chamber the sto- leader, and she got the surgery. And September 1, 1998 CONGRESSIONAL RECORD — SENATE S9735 now, many years later—she was 9 at opportunity within the next 6 weeks noted now several times, has probably the time; she is 14—she is cancer free. during which time we would be able to the most elaborate array of support by What would have happened to that debate the issue of health maintenance health care organizations, organiza- little girl if she hadn’t had an experi- organization reform. Is that correct? tions that deal with this every day. Or- enced specialist? I ask my leader, the Mr. DASCHLE. The Senator from ganizations on the front line of health bill we want to bring before this body, Massachusetts is correct. Basically, care delivery have said this must be wouldn’t that ensure that any little our unanimous consent request simply our highest priority—not just in health Carly or any other child, or any man or would have made as regular order, as care, but in the array of issues that are woman, would be able to get that spe- the next bill to be considered, H.R. confronting this Congress. They say cialist? I ask my colleague on that 4250, the House-passed health care re- there is nothing more important than point. form bill. We would then offer, in the passing this legislation this year. I Mr. DASCHLE. The Senator from form of amendments, our bill and other think they are right. California is right on the mark. That is relevant amendments that would be This is what the American people exactly the essence of our legislation. considered. We would give the majority want. I might note, we just received a We talk so often in statistical terms leader, certainly, the authority to set faxed letter from the President, from here on the Senate floor. Sometimes that bill aside so long as other appro- Moscow, on this very issue. I might we have to put it in personal terms, in priations bills or conference reports on just read one short paragraph. real terms. The Senator from Califor- appropriations bills need to be consid- As I mentioned in my radio address this nia has just done so, so eloquently. In ered. We would complete our work on past Saturday, ensuring basic patient protec- real terms, this bill would allow an in- patient protections, and it would be my tions is not and should not be a political dividual, whether it is somebody in expectation, following the successful issue. I was therefore disappointed by the this Chamber today or anybody who conclusion of that debate, to offer a partisan manner in which the Senate Repub- may be watching, that they will have similar unanimous consent request on lican Leadership bill was developed. The lack of consultation with the White House or any an opportunity to choose and be treat- campaign finance reform. It seems to Democrats during the drafting of your legis- ed by a qualified specialist. They would me, those two key issues are critical to lation contributed to its serious short- have an opportunity to make sure that the agenda of this country and critical comings and the fact it has failed to receive the specialist is competent, so they to the business of the Senate—particu- the support of either patients or doctors. The will get the best care for their personal larly given the fact, as I have just bill leaves millions of Americans without set of circumstances, like young Carly. noted, that they both now have passed critical patient protections, contains provi- That is what our bill is all about. in the House of Representatives. I can’t sions that are more rhetorical than sub- That is why it is important to pass it think of anything more important than stantive, completely omits patient protec- tions that virtually every expert in the field this year. That is why we cannot wait to complete the work of this Congress believes are basic and essential, and includes until next year. I thank the Senator on those two bills. That would be my ‘‘poison pill’’ provisions that have nothing to from California. intention. do with a patients’ bill of rights. Mrs. BOXER. On behalf of all the Mr. KERRY. Mr. President, with re- I ask unanimous consent the letter Carlys, thank you, Mr. Leader. We will spect to the campaign finance reform be printed in the RECORD. stand with you until we get this up be- bill the leader mentions, it is clear, is There being no objection, the letter fore the American people. it not, that bill ultimately passed after was ordered to be printed in the Mr. KERRY addressed the Chair. the repeated efforts of the membership RECORD, as follows: The PRESIDING OFFICER. The Sen- of the House to make it clear that they ator from Massachusetts. MOSCOW, would not accept leadership efforts to September 1, 1998. Mr. KERRY. Will the leader yield for stop it? In other words, there were re- Hon. TRENT LOTT, a question? peated efforts by the leadership, the Majority Leader, U.S. Senate, Mr. DASCHLE. Before I yield to the Speaker of the House, to sidetrack Washington, DC. Senator from Massachusetts, let me campaign finance reform. But, for one DEAR SENATOR LOTT: Thank you for your say the unanimous consent request of those rare instances where it hap- letter regarding the patients’ bill of rights. I that we made took into account the pens, the popular will, the will of the am pleased to reiterate my commitment to fact that the House has already acted American people to have the vote on working with you—and all Republicans and on this issue. The House has passed a Democrats in the Congress—to pass long campaign finance reform and to put overdue legislation this year. health care bill, not one that I would into effect a reform that for years peo- Since last November, I have called on the necessarily be excited about, but it ple have known we need—that won in Congress to pass a strong, enforceable, and passed a bill. What we are suggesting the House of Representatives. Is that bipartisan patients’ bill of rights. During here is that we want to amend the not correct? this time, I signed an Executive Memoran- House-passed bill. We want to complete Mr. DASCHLE. The Senator from dum to ensure that the 85 million Americans the job. We want to put a Democratic Massachusetts is absolutely correct. in federal health plans receive the patient imprint on a comprehensive health Mr. KERRY. So the only thing stand- protections they need, and I have indicated care bill that will do the job and get my support for bipartisan legislation that ing in the way of a similar expression would extend these protections to all Ameri- that bill signed. of what we know to be a majority of cans. With precious few weeks remaining be- There is another piece of legislation the U.S. Senate prepared to vote for fore the Congress adjourns, we must work to- the House has now passed, campaign fi- campaign finance reform, the only gether to respond to the nation’s call for us nance reform. That bill has also passed thing that stands in the way is the to improve the quality of health care Ameri- out of the House. The Shays-Meehan leadership of the Republican Party, cans are receiving. bill has passed, and that, too, is pend- that wants to say no, we are not going As I mentioned in my radio address this ing now in this Chamber. That, also, to give you this opportunity. Is that past Saturday, ensuring basic patient protec- ought to be on our agenda. When can tions is not and should not be a political correct? issue. I was therefore disappointed by the we take up the Shays-Meehan bill? It Mr. DASCHLE. To date, that is cor- partisan manner in which the Senate Repub- passed in the House. Let’s pass it in the rect. lican Leadership bill was developed. The lack Senate. Mr. KERRY. With respect to the of consultation with the White House or any I yield to the Senator from Massa- problem of the Patients’ Bill of Rights, Democrats during the drafting of your legis- chusetts. is that not the No. 1 issue of concern of lation contributed to its serious short- Mr. KERRY. Mr. President, I ask the Americans—young, old, middle aged, of comings and the fact it has failed to receive leader just to clarify for the record pre- all walks of life—that is the one thing the support of either patients or doctors. The cisely the full measure of the request most on the minds of the American bill leaves millions of Americans without that he made. critical patient protections, contains provi- people that they want the U.S. Con- sions that are more rhetorical than sub- It is my understanding the leader re- gress to address? stantive, completely omits patient protec- quested, not that we would not proceed Mr. DASCHLE. Mr. President, the tions that virtually every expert in the field to other legislation, but that we would Senator from Massachusetts is abso- believes are basic and essential, and includes simply create an opportunity, a fixed lutely correct. The issue, as we have ‘‘poison pill’’ provisions that have nothing to S9736 CONGRESSIONAL RECORD — SENATE September 1, 1998 do with a patients’ bill of rights. More spe- could not sanction presenting a bill to the Mr. KERRY. Let me just say, Mr. cifically, the bill: American people that is nothing more than President, to the leader—and I know he Does not cover all health plans and leaves an empty promise. shares this view—there are many of us more than 100 million Americans completely At the same time, as I have repeatedly unprotected. The provisions in the Senate made clear, I remain fully committed to prepared to adopt the same measure of Republican Leadership bill apply only to working with you, as well as the Democratic militancy that was found in the House self-insured plans. As a consequence, the bill Leadership, to pass a meaningful patients’ of Representatives in order to guaran- leaves out more than 100 million Americans, bill of rights before the Congress adjourns. tee that the Senate has an opportunity including millions of workers in small busi- We can make progress in this area if, and to deal with campaign finance reform. nesses. This approach contrasts with the bi- only if, we work together to provide needed I hope the leadership on the other partisan Kassebaum-Kennedy insurance re- health care protections to ensure Americans side will take note of the need to do form law, which provided a set of basic pro- have much needed confidence in their health the business of this Nation and to do tections for all Americans. care system. the business of the Senate in a timely Lets HMOs, not health professionals, de- Producing a patients’ bill of rights that and orderly fashion, but that there is fine medical necessity. The external appeals can attract bipartisan support and receive process provision in the Senate Republican my signature will require a full and open de- an absolute determination by a number Leadership bill makes the appeals process bate on the Senate floor. There must be ade- of us to guarantee that we make the meaningless by allowing the HMOs them- quate time and a sufficient number of best possible effort to try to pass the selves, rather than informed health profes- amendments to ensure that the bill gives pa- Shays-Meehan bill in this body. sionals, to define what services are medi- tients the basic protections they need and Mr. DURBIN. Will the Senator yield? cally necessary. This loophole will make it deserve. I am confident that you and Senator Mr. DASCHLE. I yield to the Senator very difficult for patients to prevail on ap- Daschle can work out a process that accom- from Illinois. peals to get the treatment doctors believe modates the scheduling needs of the Senate Mr. DURBIN. I thank the Senator for they need. and allows you to address fully the health taking the floor this afternoon and Fails to guarantee direct access to special- care needs of the American public. ists. The Senate Republican Leadership pro- making his unanimous consent re- Last year, we worked together in a biparti- quest. I sincerely regret there was an posal fails to ensure that patients with seri- san manner to pass a balanced budget includ- ous health problems have direct access to ing historic Medicare reforms and the largest objection to it. I would like to ask the the specialists they need. We believe that pa- investment in children’s health care since minority leader a question, but first I tients with conditions like cancer or heart the enactment of Medicaid. This year, we would like to note that over this last disease should not be denied access to the have another opportunity to work together break, I made a tour of my State, and doctors they need to treat their conditions. to improve health care for millions of Ameri- I did an interesting thing I never had Fails to protect patients from abrupt cans. done before. I visited community hos- changes in care in the middle of treatment. I urge you to make the patients’ bill of pitals, and I invited the professional The Senate Republican Leadership bill fails rights the first order of business for the Sen- to assure continuity-of-care protections nursing and medical staffs to come ate. Further delay threatens the ability of down and meet with me and talk about when an employer changes health plans. This the Congress to pass a bill that I can sign deficiency means that, for example, pregnant into law this year. I stand ready to work this issue. I wanted to find out if my women or individuals undergoing care for a with you and Senator Daschle to ensure that impression of the importance of this chronic illness may have their care suddenly patients—not politics—are our first priority. issue—what I had seen in the mail, altered mid course, potentially causing seri- Sincerely, what I had heard from my colleagues— ous health consequences. BILL CLINTON. was felt in downstate Illinois, in a Reverses course on emergency room pro- tections. The Senate Republican Leadership Mr. KERRY. Mr. President, I ask fur- small town, in a community hospital. bill backs away from the emergency room ther of the leader. I found it very interesting that many protections that Congress implemented in a Mr. MCCONNELL addressed the doctors came into the room to meet bipartisan manner for Medicare and Medic- Chair. with me. They brought their beepers aid beneficiaries in the Balanced Budget Act Mr. DASCHLE. I yield further to the along. Some of them were called off to of 1997. The bill includes a watered-down pro- Senator from Massachusetts. emergency calls and others with like vision that does not require health plans to Mr. KERRY. As we all know, the cyn- requirements, but they met there be- cover patients who go to an emergency room icism of the American people is, regret- cause they wanted to take the time to outside their network and does not ensure tably, growing with respect to their tell me what they thought. coverage for any treatment beyond an initial The stories they told me were amaz- screening. Those provisions put patients at view as to how politics works in their risk for the huge costs associated with criti- own country. Increasingly, that is re- ing. I thought I heard it all on the floor cal emergency treatment. flected in their attitude about cam- of the Senate about what the insurance Allows financial incentives to threaten paigns and voting. And many, many companies were doing to American critical patient care. The Senate Republican people are aware of the enormous influ- families, how health care was being Leadership bill fail to prohibit secret finan- compromised and why this legislation, cial incentives to providers. This would leave ence of money in American politics. Regrettably, there appears, now, to which the Senator from South Dakota patients vulnerable to financial incentives has suggested, is so important. But that limit patient care. already be a question arising within Fails to hold health plans accountable this Congress about the link of tobacco when a doctor comes before me and when their actions cause patients serious to some of the events that have taken says, ‘‘I had to call the insurance com- harm. The proposed per-day penalties in the place here. I wonder if the leader would pany for approval to admit a patient Senate Republican Leadership bill fail to not share with me the sense that the and they said, ‘No, we won’t go along hold health plans accountable when patients entire tobacco debate and the now- with your suggestion, your medical ad- suffer serious harm or even death because of vice, send the patient home,’ ’’ this one a plan’s wrongful action. For example, if a early investigative efforts taking place with respect to tobacco expenditures doctor in Joliet said, ‘‘I finally asked health plan improperly denies a lifesaving the person on the other end of the line, cancer treatment to a child, it will incur a don’t make even more compelling the penalty only for the number of days it takes notion that the U.S. Senate ought to ‘Are you a doctor?’ ’’ He said, ‘‘No.’’ to reverse its decision; it will not have to deal with campaign finance reform as He said, ‘‘Are you a nurse?’’ pay the family for all damages the family rapidly as possible? will suffer as the result of having a child He said, ‘‘No.’’ Mr. DASCHLE. The Senator from He said, ‘‘Do you have a college de- with a now untreatable disease. And because Massachusetts is absolutely correct. the plan will not have to pay for all the gree?’’ harm it causes, it will have insufficient in- There are so many areas that I believe The man said, ‘‘Well, no.’’ centive to change its health care practices in ought to be clarified and ought to be He said, ‘‘Well, what is your train- the future. rectified. I don’t think there is any ing?’’ Includes ‘‘poison pill’’ provisions that have greater need than for clarification on He said, ‘‘Well, I have a high-school nothing to do with a patients’ bill of rights. the role of independent expenditures diploma, and I have the insurance com- For example, expanding Medical Savings Ac- and what may happen, now, with re- pany manual that I’m reading from.’’ counts (MSAs) before studying the current gard to tobacco. That is what it came down to, and a demonstration is premature, at best, and Passing Shays-Meehan would allow could undermine an already unstable insur- patient was sent home because this ance market. us to do that. We ought to let that hap- man, with literally no medical edu- As I have said before, I would veto a bill pen. We ought to make that happen in cation, made a decision based on the that does not address these serious flaws. I the next 6 weeks. insurance manual. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9737 Another doctor told a story, which know what could be more pressing than frightening to the Republican major- was just amazing and frightening to this issue. Obviously, by law, we have ity? any parent, about how a mother to address appropriations bills. Obvi- Mr. DASCHLE. I wish I could. I ap- brought a son in who had been com- ously, by law, we should be addressing preciate the question offered by the plaining of chronic headaches on the the budget, but I am told the Repub- Senator from Illinois. I have no clue. left side of his head. The doctor exam- licans now may overlook the fact that All I know is that the American people ined him and said clearly, ‘‘This is a the law requires a budget resolution by are expecting us to act responsibly and situation where a CAT scan is war- April 15. They are overlooking that. So comprehensively on this issue. I hope ranted, because there may be a tumor we have already violated—they have we will, and we will be back, either in present and let’s decide very early if violated the law with regard to the the form of amendments or additional that is the case.’’ budget. But I would hope we can adhere unanimous consent requests, to give He left the room and called the insur- to the law with regard to appropria- them the opportunity to change their ance company. The insurance company tions, because we know the con- mind. said, ‘‘Under no circumstances does sequences if we don’t. We have already Mr. President, I yield the floor. that policy allow a CAT scan of that gone through that. I think they have Several Senators addressed the little boy,’’ who had been complaining learned their lesson on that. We don’t Chair. of these headaches for such a long pe- want to shut the Government down, The PRESIDING OFFICER. The Sen- riod of time. but I would direct your question to the ator from Kentucky. The doctor said, ‘‘Not only did they majority leader when you have the op- Mr. MCCONNELL. Mr. President, the overrule me, but under my contract, portunity. distinguished assistant majority leader when I went back in the room and Mr. DURBIN. I will be coming to the is here and would like to say a few faced the mother, I couldn’t tell that floor and taking that opportunity when things about the issue that has just mother that I had just been overruled I can. I ask one other question of the been before us. by an insurance company clerk. I had minority leader. The PRESIDING OFFICER. The Sen- to act as if it were my decision not to Is it not a fact that the Republican ator from Oklahoma. go forward with the CAT scan.’’ approach on this—should they call Mr. NICKLES. Mr. President, first, I That is what the gag rule is all their legislation—on Patients’ Bill of will make a couple comments concern- about. We are restraining doctors from Rights—if you can characterize it as ing those made by some of our Demo- being honest with their patients, doc- such—only protects 29 percent of all cratic colleagues who said they want to tors from their honest relationship the American population from man- bring up the Patients’ Bill of Rights. with parents bringing in children for aged care abuses? Is it not true that We have offered throughout the month care. the Republican approach, sponsored by of July to bring up the Patients’ Bill of So when the Senator from South Da- Senator NICKLES, in fact, does not pro- Rights. I will make a unanimous con- kota suggests this unanimous consent vide protection for those who are self- sent request to do it again. Unfortu- request to bring this issue up, I say employed, employees in small compa- nately, our Democratic colleagues that my experience in the last few nies, State and local government em- haven’t been able to take yes for an an- weeks suggests this is a timely issue, ployees; it leaves out a wide swath of swer. In other words, I think they want an important issue, much more impor- Americans who deserve the same kind to debate an issue, discuss an issue, tant in many ways than a lot of the of basic protection when it comes to have unlimited amendments, and we things that we have discussed on the health insurance? Is this not one of the are not going to give them that. floor of the Senate. reasons why we would like to offer We only have 22 days left in this leg- My question of the Senator from amendments so that we can cover the islative session. We tried to get this up South Dakota is this: I understand that vast majority of Americans rather and considered and done in July. They he has said we must pass the appropria- than exclude the majority, as the Re- wouldn’t accept that request. tions bills. That is the responsible publican bill does in its current form? In just a moment, I am going to thing to do. That takes precedence. Mr. DASCHLE. The Senator is abso- make a unanimous consent request to But he has also said let’s move to this lutely right. They leave out over 100 bring it up with limited amendments. I bill and allow amendments to it. million people; 100 million people won’t will tell my colleagues, it will be three We have seen repeatedly here—the be touched. amendments a side. You can design any Republican leadership has stopped an Mr. NICKLES. Will the Senator amendment any way you want. You effort to pass a tobacco bill. The Re- yield? can offer your proposal in any way that publican leadership has stopped an ef- Mr. DASCHLE. So it is a sham. It is you want. We are going to give you an fort to pass campaign finance reform. not a piece of legislation that can give up-or-down vote on your proposal; we And now it appears the Republican confidence to any American today, not are going to have an up-or-down vote leadership is going to stop an effort to when the problems are as great as the on our proposal. That is going to be in have a Patients’ Bill of Rights and do ones suggested by the Senator from Il- my request. You would have the right something about managed care. linois. to do three amendments; we would Can the Senator from South Dakota Mr. DURBIN. I say to the Senator have the right to do three amend- tell me what is it that is so pressing on from South Dakota—— ments. It is the same request that we this Senate agenda in the next 4 weeks Mr. NICKLES. Will the Senator made in July. If you want this issue to that we cannot set aside even 1 day’s yield? be considered and passed, that is the time to discuss managed care reform? Mr. DURBIN. If he will yield for one way to do it. If you want to say we Is there something that perhaps the final question. What is it that is so—if want to have this issue on the floor all majority leader has told the Senator the Senator knows—what is it that is month, as was the unanimous consent from South Dakota which we missed in so frightening to the majority that request made by the minority leader, the newspapers? they will not allow this issue to come that is not going to happen. Or to say Mr. DASCHLE. The Senator from Il- to the floor? We know it is timely. We that we are going to take up the House linois has made a very eloquent and know it is important. The Republican bill and work off the House bill, that is poignant statement about cir- Senators have put forth a bill that not going to happen. cumstances that are very real, that are they think should be considered. Why So, again, I tell my colleagues, if you happening as we speak in Illinois, is it that this particular issue, involv- want to consider the bill, and if you South Dakota, Massachusetts, and ing massive insurance companies and want it passed, the Patients’ Bill of California. In every State, there are il- health care across America, is so Rights, we are willing to do it. What I lustrations of how the system is bro- frightening to the Republican majority hear our friends on the Democratic side ken, just as the Senator from Illinois that they will not allow your unani- say is, ‘‘We know we don’t have the has described. mous consent request? Can the Senator votes so we want to talk about it.’’ And But he really needs to direct his from South Dakota give us some in- sometimes I think it is important if question to the majority leader. I don’t sight as to why this issue should be so you are going to talk about the issue S9738 CONGRESSIONAL RECORD — SENATE September 1, 1998 that you speak truthfully. Unfortu- not have 56 new causes of action where have a debate and discussion of at least nately, I do not think the President did really it would say it would be health these particular proposals? that in his radio address. care by litigation. We have health care Mr. NICKLES. I am happy to re- The President, in his radio address on to be determined by physicians, not by spond. Saturday, frankly—I am going to come trial attorneys. It would be very easy for my col- back to that issue shortly because I So, yes, there is a difference between league to address those considerations know my friend from Kentucky wants the bills. We are saying: Fine. You in the letter, which I have not seen yet. to go back to the bill. I am going to have a legislative proposal. We will let You could put those in your amend- come back later to the floor and ana- you offer it. We will find out where the ment. You could put those in your sub- lyze the President’s speech or his radio votes are. We have a legislative pro- stitute. You could have that in any address where he talked about the Pa- posal. We will offer it and find out combination and consider everything tients’ Bill of Rights, and he character- where the votes are, and maybe offer a addressed in that letter. ized what the Republican bill did. And couple of amendments. And we can dis- Mr. KENNEDY. Do I understand fur- he was flat wrong. I think he should pose of the bill. We can pass the bill. ther that the Senator would be willing know the truth. And maybe his staff We can go to conference with the to agree that we would have separate should do better work or they should House, hopefully work out the dif- amendments on each of these measures quit trying to politicize this issue and ferences with the House. that have been included in today’s let- he should speak factually what is in Mr. President, at this time I ask ter from the President to the majority our bill and what is in his bill. Unfortu- unanimous consent that the majority leader on the Patients’ Bill of Rights? nately, that did not happen on Satur- leader, after notification of the Demo- Mr. NICKLES. Again, to answer my day. cratic leader, shall turn to Senate bill colleague’s question, I said you would Mr. KENNEDY. Would the Senator S. 2330 regarding health care. I further have a substitute amendment. You yield? ask that immediately upon its report- could have three amendments, and cer- Mr. NICKLES. No, I will not yield. I ing, Senator NICKLES be recognized to tainly with your skillful legislative will yield in a moment. offer a substitute amendment making prowess, you could have all 10 things in Another thing that galls this Senator technical changes to the bill, and im- that format. is if and when the President thinks he mediately following the reporting by Mr. KENNEDY. I appreciate, I am can legislate by radio address. The the clerk, Senator KENNEDY be recog- sure, what you intended to be a com- President is the Chief Executive Officer nized to offer his Patients’ Bill of pliment, but I would like to know in the country, but under the Constitu- Rights amendment, with votes occur- whether the leader or other Members tion he does not have legislative pow- ring on each amendment, with all would be able to at least raise for de- ers to legislate by Executive order or bate and discussion each of the rather to legislate by radio address. I think, points of order having been waived. I thoughtful observations that have been frankly, he crossed that line again on further ask that three other amend- made by the President of the United Saturday. That is unfortunate. ments be in order to be offered by each If he wants legislation, we are willing leader or their designee regarding States to the majority leader. And I to consider legislation. The President health care, and following the conclu- understand that the majority leader, or talked about having internal appeals sion of debate and following the votes his spokesman, the Senator from Okla- and so on. We have internal appeals in with respect to the listed amendments, homa, is not prepared to permit the ob- our bill. We have external appeals in the bill be advanced to third reading, servations and shortcomings of the Re- our bill. So if the President likes that and the Senate proceed to H.R. 4250, publican proposal to be considered, if I provision, he can take it up. And he the House companion bill, that all am not wrong, to be made individually. should urge our colleagues on the after the enacting clause be stricken, Let me ask further, in the appeals Democratic side of the aisle to take and the text of S. 2330, as amended, be procedures in the Republican proposal, this legislation up and pass it. We are inserted, and the Senate proceed to a you have put a strict limitation on the giving a reasonable unanimous consent vote. I further ask that following the circumstances under which patients request to bring it up. So I just hope vote, the Senate bill be returned to the can appeal health plan decisions. It has that, again, common sense would pre- calendar. to reach $1,000 in order to qualify for vail and that we would take the legis- The PRESIDING OFFICER (Mr. appeal. That would effectively rule out lation up under a reasonable time KEMPTHORNE). Is there objection? any child, for example, that might limit. Mr. KENNEDY addressed the Chair. have had a bicycle accident or a hock- I mention that the counteroffer that The PRESIDING OFFICER. The Sen- ey accident or football accident from we received in July was not three ator from Massachusetts. being able to be guaranteed a right to amendments a side; it was 20 amend- Mr. KENNEDY. Reserving the right an appeal under the Republican pro- ments a side. That would be 40 amend- to object, I think if I heard correctly, posal. ments. That is ridiculous. That is not under the Senator from Oklahoma’s Would we have an opportunity to de- going to happen. I want to pass this proposal the Senate is going to return bate this limitation and others in the legislation. Frankly, I have invested a the bill to the calendar following the appeals section of the Republican pro- lot of time in this legislation, as well vote? Did the Senator say that? posal? as Senator FRIST and Senator COLLINS, Mr. NICKLES. Only the Senate ver- Mr. NICKLES. Mr. President, one, I Senator JEFFORDS, Senator GRAMM— sion. What we would do is strike the have a unanimous consent request many of our colleagues—Senator House language and insert the Senate pending at the table. SANTORUM. We worked for months on language—what we always do when we Mr. KENNEDY. I am reserving the this legislation. consider legislation. To respond to my right to object. I would like to find out I also want to take just a little issue colleague, the text of the Senate lan- if we are able to have a debate and dis- with our friend from Illinois. He said, guage would be sent over to the House cussion about the wisdom of putting ‘‘Isn’t it true that the Republican bill under the H.R. number. dollar thresholds on the appeals that left out millions of Americans?’’ That Mr. KENNEDY. Mr. President, fur- are in the Republican proposal. is false. We gave every single American ther reserving the right to object, Would we have an opportunity for that has an employer-sponsored plan would this unanimous consent request the Senate to express itself on whether an internal appeal and external appeal. permit debate and discussion on the it wants a $1,000 threshold to ex- And that is not in current law. We be- principal concerns outlined in the clude—— lieve it should be legislated, not President’s letter to the majority lead- Mr. NICKLES. Regular order. deemed by Executive order. And so to er? Would this request permit a full Mr. KENNEDY. Reserving the right say, ‘‘Well, they don’t have protections discussion and debate on each of these? to object. What is the regular order? under the Republican bill’’ is abso- They all appear to be relevant. And The PRESIDING OFFICER. We have lutely false. could we have the assurance that the a unanimous consent request. We do not have 300-some mandates as minority leader would have the oppor- Mr. KENNEDY. Reserving the right proposed by the Democrat bill. We do tunity to formulate amendments and to object, Mr. President—— September 1, 1998 CONGRESSIONAL RECORD — SENATE S9739 The PRESIDING OFFICER. Once the amendments to come forward. How ations appropriations bill. There are regular order has been called for, the many amendments on either side? very few amendments left to be dealt Senator cannot reserve the right to ob- Mr. NICKLES. Three. with. I ask the Chair what amendment ject. The Senator must either object or Mr. FRIST. In saying there could be is pending. not. only three amendments, you did not re- The PRESIDING OFFICER. The cur- Mr. KENNEDY. For those reasons, I strict what was in the original underly- rent amendment pending is No. 3006 of- object. ing bill so that any issue could be put fered by the Senator from Pennsyl- The PRESIDING OFFICER. Objec- forward—a bill of rights, or a rec- vania. tion is heard. ommendation by the President—is that Mr. MCCONNELL. The Senator from Mr. NICKLES. Mr. President, I regret correct? California has been waiting patiently that my colleague from Massachusetts Mr. NICKLES. That’s correct. to offer a couple of amendments, which has objected to our unanimous consent Mr. FRIST. That has been denied. I am cosponsoring. It looks to me, I say request to bring this bill up. Obviously, Mr. NICKLES. Yes. It is unfortunate to my friend, as if we are now ready to he has some concerns, but he does not because my Democratic colleagues are deal with those. I ask unanimous con- have the votes. not able to take yes for an answer. I re- sent that the pending amendment be We have offered to vote on his pro- gret that. temporarily set aside. posal. He can draft his proposal any Mr. FRIST. One final question. The The PRESIDING OFFICER. Without way he wants. We have drafted our pro- issue of the Patients’ Bill of Rights is objection, it is so ordered. posal. We want to vote on our proposal. very important to me. As my colleague The Senator from California is recog- We want to pass our proposal. We will from Oklahoma has pointed out, we nized. give him an up-or-down vote on his have collectively, as the U.S. Senate, AMENDMENT NO. 3507 spent a lot of time on this particular proposal. We will offer and have offered (Purpose: To state United States support that he can have two or three amend- issue. Given the fact that we do have a for a peaceful economic and political transi- ments, and we can have two or three number of bills—and I know we are tion in Indonesia) amendments. We can finish this bill. anxious to get to the underlying bill Mrs. FEINSTEIN. Mr. President, I He can draft those amendments in any right now—isn’t it reasonable, given send an amendment to the desk and way, shape or form he wants to and ad- the opportunity, that we can put into ask for its immediate consideration. dress any and all issues he has ad- these bills a Patients’ Bill of Rights, or The PRESIDING OFFICER. The dressed today that might be in this let- anything we want to, based on the clerk will report. ter or another letter. I hope he will do unanimous consent right now? Isn’t it The bill clerk read as follows: better work in the letter than the reasonable to limit that discussion so The Senator from California [Mrs. FEIN- President did in his radio address. He that we can conduct the Senate’s busi- STEIN], for herself and Mr. MCCONNELL, was factually incorrect in that. I hap- ness, since we can put as much as we PROPOSES AN AMENDMENT NUMBERED 3507. pen to be offended by that. I just make want into these bills right now and Mrs. FEINSTEIN. Mr. President, I that comment. also allow them to be subjected to the ask unanimous consent that reading of To reiterate, we offered to bring this amendments of the unanimous con- the amendment be dispensed with. up in July. My colleague from Ten- sent? The PRESIDING OFFICER. Without nessee and I and others wanted to fin- Mr. NICKLES. I agree. Particularly, objection, it is so ordered. ish it in July because we know we have if you want to see something become The amendment is as follows: a difficult conference with the House. law, it is going to have to be this kind At the appropriate place in title V, insert This is not the easiest legislation to of structure, or it will never happen. the following: consider. So it is important to move We would still be talking toward the SEC. ll. (a) FINDINGS.—Congress makes sooner rather than later, as I think I end of September. We might have a the following findings: heard my colleague from South Dakota good debate or a political issue, but we (1) Indonesia is the World’s 4th most popu- mention. So I hope we will bring it up. won’t have any legislative change. I lous nation, with a population in excess of But we are going to have to have co- happen to be interested in trying to 200,000,000 people. operation from our colleagues. If they make a significant legislative improve- (2) Since 1997, political, economic, and so- continue to insist on unlimited amend- ment that becomes law. cial turmoil in Indonesia has escalated. (3) Indonesia is comprised of more than ments, to where they can debate this Mr. FRIST. I just hope we can come 13,000 islands located between the mainland issue all month, that is not going to to agreement and a time agreement on of Southeast Asia and Australia. Indonesia happen. They will be successful in kill- this important issue, and that we can occupies an important strategic location, ing this bill, not the Republicans. address this Patients’ Bill of Rights. straddling vital sea lanes for communication I yield to my colleague from Ten- Mr. NICKLES. I appreciate the lead- and commercial transportation including all nessee. ership the Senator has shown in put- or part of every major sea route between the Mr. FRIST. As I understand the ting this bill together. Pacific Ocean and the Indian Ocean, more than 50 percent of all international shipping unanimous consent request, there f would be the opportunity for either trade, and sea lines of communication used FOREIGN OPERATIONS, EXPORT by the United States Pacific Command to side to put into the bill they brought FINANCING AND RELATED AGEN- support operations in the Persian Gulf. to the floor anything they wanted to. CIES APPROPRIATIONS ACT, 1999 (4) Indonesia has been an important ally of Is it correct, then, that whatever docu- the United States, has made vital contribu- ments have been put forward or re- The Senate continued with the con- tions to the maintenance of regional peace quested by the President could be sideration of the bill. and stability through its leading role in the brought forward to the floor in the PRIVILEGE OF THE FLOOR Association of South East Asian Nations original bill that the Democratic lead- Mr. INHOFE. Mr. President, I ask (ASEAN) and the Asia Pacific Economic Co- er or the Senator from Massachusetts unanimous consent that the privilege operation forum (APEC), and has promoted United States economic, political, and secu- brought forward? of the floor be extended to Dan rity interests in Asia. Mr. NICKLES. They could have it in Groeschen, a fellow from the Air Force, (5) In the 25 years before the onset of the the original bill or they could offer it during the consideration of this bill. recent financial crisis in Asia, the economy in the form of an amendment. The PRESIDING OFFICER. Without of Indonesia grew at an average rate of 7 per- Mr. FRIST. The unanimous consent objection, it is so ordered. cent per year. would allow consideration of a bill pre- Mr. MCCONNELL. Mr. President, I (6) Since July 1997, the Indonesian rupiah sented by the Democratic leader and a ask unanimous consent that Robert has lost 70 percent of its value, and the Indo- bill that is presented by the Republican Streurer and Tam Somerville of my of- nesian economy is now at a near standstill characterized by inflation, tight liquidity, leader? fice be given the privilege of the floor. and rising unemployment. Mr. NICKLES. The Senator is cor- The PRESIDING OFFICER. Without (7) Indonesia has also faced a severe rect. objection, it is so ordered. drought and massive fires in the past year Mr. FRIST. In the unanimous con- Mr. MCCONNELL. Mr. President, the which have adversely affected its ability to sent, you gave the opportunity for pending business is the foreign oper- produce sufficient food to meet its needs. S9740 CONGRESSIONAL RECORD — SENATE September 1, 1998

(8) As a consequence of this economic in- (F) urging the Government of Indonesia SEC. ll. (a) FINDINGS.—Congress makes stability and the drought and fires, as many to— the following findings: as 100,000,000 people in Indonesia may experi- (i) recognize the importance of the partici- (1) In May 1998, more than 1,200 people died ence food shortages, malnutrition, and pos- pation of all Indonesians, including ethnic in Indonesia as a result of riots, targeted at- sible starvation as a result of being unable to and religious minorities, in the political and tacks, and violence in Indonesia. According purchase food. These conditions increase the economic life of Indonesia; and to numerous reports by human rights groups, potential for widespread social unrest in In- (ii) take appropriate action to assure the United Nations officials, and the press, eth- donesia. support and protection of minority partici- nic Chinese in Indonesia were specifically (9) Following the abdication of Indonesia pation in the political, social, and economic targeted in the riots for attacks which in- President Suharto in May 1998, Indonesia is life of Indonesia; cluded acts of brutality, looting, arson, and in the midst of a profound political transi- (iii) release individuals detained or impris- rape. tion. The current president of Indonesia, B.J. oned for their political views. (2) Credible reports indicate that, between Habibie, has called for new parliamentary (G) support for efforts by the Government May 13 and May 15, 1998, at least 150 Chinese elections in mid-1999, allowed the formation of Indonesia to cast a wide social safety net women and girls, some as young as 9 years of of new political parties, and pledged to re- in order to provide relief to the neediest In- age, were systematically raped as part of a solve the role of the military in Indonesian donesians and to restore hope to those Indo- campaign of racial violence in Indonesia, and society. nesians who have been harmed by the eco- 20 of these women subsequently died from in- (10) The Government of Indonesia has nomic crisis in Indonesia; juries incurred during these rapes. taken several important steps toward politi- (H) support for efforts to build democracy (3) Credible evidence indicates that these cal reform and support of democratic institu- in Indonesia in order to strengthen political rapes were the result of a systematic and or- tions, including support for freedom of ex- participation and the development of legiti- ganized operation and may well have contin- pression, release of political prisoners, for- mate democratic processes and the rule of ued to the present time. mation of political parties and trade unions, law in Indonesia, including support for orga- (4) Indonesia President Habibie has stated preparations for new elections, removal of nizations, such as the Asia Foundation and that he believes the riots and rapes to be ethnic designations from identity cards, and the National Endowment for Democracy, ‘‘the most inhuman acts in the history of the commitments to legal and civil service re- which can provide technical assistance in de- nation’’, that they were ‘‘criminal’’ acts, and forms which will increase economic and legal veloping and strengthening democratic polit- that ‘‘we will not accept it, we will not let it transparency and reduce corruption. ical institutions and processes in Indonesia; happen again.’’. (11) To address the food shortages in Indo- (I) calling on the Government of Indonesia (5) Indonesian human rights groups have nesia, the United States Government has to repeal all laws and regulations that dis- asserted that the Indonesia Government made more than 230,000 tons of food available criminate on the basis of religion or eth- failed to take action necessary to control the to Indonesia this year through grants and so- nicity and to ensure that all new laws are in riots, violence, and rapes directed against called ‘‘soft’’ loans and has pledged support keeping with international standards on ethnic Chinese in Indonesia and that some for additional wheat and food to meet emer- human rights; and elements of the Indonesia military may have gency needs in Indonesia. (J) calling on the Government of Indonesia participated in such acts. (12) United States national security inter- to establish, announce publicly, and adhere (6) The Executive Director of the United ests are well-served by political stability in to a clear timeline for parliamentary elec- Nations Development Fund for Women has Indonesia and by friendly relations between tions in Indonesia. stated that the attacks were an ‘‘organized the United States and Indonesia. (c) REPORT.—(1) Not later than 6 months reaction to a crisis and culprits must be (b) SENSE OF CONGRESS.—It is the sense of after the date of enactment of this Act, the Secretary of State shall submit to Congress brought to trial’’ and that the systematic Congress that— use of rape in the riots ‘‘is totally unaccept- (1) the decision of the Clinton Administra- a report containing the following: (A) A description and assessment of the ac- able. . . and even more disturbing than rape tion to make available at least 1,500,000 tons war crimes, as Indonesia was not at war with of wheat, wheat products, and rice for dis- tions taken by the Government of the United States to work with the Government of Indo- another country but caught in its own inter- tribution to the most needy and vulnerable nal crisis’’. Indonesians is vital to the well-being of all nesia to further the objectives referred to in subsection (b)(3). (7) The Indonesia Government has estab- Indonesians; lished the Joint National Fact Finding Team (2) the Clinton Administration should work (B) A description and assessment of the ac- tions taken by the Government of Indonesia to investigate the violence and allegations of with the World Food Program and non- gang rapes, but there are allegations that governmental organizations to design pro- to further such objectives. the investigation is moving slowly and that grams to make the most effective use of food (C) An evaluation of the implications of the Team lacks the authority necessary to donations in Indonesia and to expedite deliv- the matters described and assessed under carry out an appropriate investigation. ery of food assistance in order to reach those subparagraphs (A) and (B), and any other ap- in Indonesia most in need; propriate matters, for relations between the (b) SENSE OF CONGRESS.—It is the sense of (3) the Clinton Administration should United States and Indonesia. Congress that— adopt a more active approach in support of (2) The report under this subsection shall (1) the mistreatment of ethnic Chinese in democratic institutions and processes in In- be submitted in unclassified form, but may Indonesia and the criminal acts carried out donesia and provide assistance for continued include a classified annex. against them during the May 1998 riots in In- economic and political development in Indo- Mrs. FEINSTEIN. Mr. President, I donesia is deplorable and condemned; nesia, including— ask unanimous consent that that (2) a complete, full, and fair investigation (A) support for humanitarian programs amendment be temporarily set aside. of such criminal acts should be completed by aimed at preventing famine, meeting the The PRESIDING OFFICER. Without the earliest possible date, and those identi- needs of the Indonesian people, and inculcat- objection, it is so ordered. fied as responsible for perpetrating such ing social stability; criminal acts should be brought to justice; (B) leading a multinational effort (includ- AMENDMENT NO. 3508 (3) the investigation by the Government of ing the active participation of Japan, the na- (Purpose: To condemn the rape of ethnic Indonesia, through its Military Honor Coun- tions of Europe, and other nations) to assist Chinese women in Indonesia and the May cil, of those members of the armed forces of the programs referred to in subparagraph 1998 riots in Indonesia) Indonesia suspected of possible involvement (A); Mrs. FEINSTEIN. Mr. President, I in the May 1998 riots, and of any member of (C) calling on donor nations and humani- send an amendment to the desk and the armed forces of Indonesia who may have tarian and food aid programs to make addi- ask for its immediate consideration. participated in criminal acts against the tional efforts to meet the needs of Indonesia The PRESIDING OFFICER. The people of Indonesia during the riots, is com- and its people while laying the groundwork mended and should be supported; for a more open and participatory society in clerk will report. (4) the Government of Indonesia should Indonesia; The bill clerk read as follows: take action to assure— (D) working with international financial The Senator from California [Mrs. FEIN- (A) the full observance of the human rights institutions to recapitalize and reform the STEIN], for herself and Mr. MCCONNELL, pro- of the ethnic Chinese in Indonesia and of all banking system, restructure corporate debt, poses an amendment numbered 3508. other minority groups in Indonesia; and introduce economic and legal trans- Mrs. FEINSTEIN. Mr. President, I (B) the implementation of appropriate parency in Indonesia; ask unanimous consent that reading of measures to prevent ethnic-related violence (E) urging the Government of Indonesia to the amendment be dispensed with. and rapes in Indonesia and to safeguard the remove, to the maximum extent possible, physical safety of the ethnic Chinese com- barriers to trade and investment which im- The PRESIDING OFFICER. Without munity in Indonesia; pede economic recovery in Indonesia, includ- objection, it is so ordered. (C) prompt follow through on its an- ing tariffs, quotas, export taxes, nontariff The amendment is as follows: nounced intention to provide damage loans barriers, and prohibitions against foreign At the appropriate place in title V, insert to help rebuild businesses and homes for ownership and investment; the following: those who suffered losses in the riots; and September 1, 1998 CONGRESSIONAL RECORD — SENATE S9741 (D) the provision of just compensation for ligious diversity boasts the world’s about 6 percent of Indonesia’s popu- victims of the rape and violence that oc- largest Muslim population; lation. It is an entrepreneurial mer- curred during the May 1998 riots in Indo- Indonesia is comprised of over 13,000 cantile class. Once before, in the 1960s, nesia, including medical care; islands which span important sea (5) the Clinton Administration and the during a pro-Communist revolution, United Nations should provide support and lanes, including 50 percent of volume of the Chinese ethnic community was assistance to the Government of Indonesia, all international shipping and every made a scapegoat, and literally tens of and to nongovernmental organizations, in major route between the Indian and thousands of people were killed. This the investigations into the May 1998 riots in Pacific Oceans; time, once again, there was a brutal Indonesia in order to expedite such inves- Indonesia has served as a vital engine outbreak against this community, and tigations; and of East Asian economic growth. It pos- this resolution condemns it in no un- (6) Indonesia should ratify the United Na- sesses vast natural resources, including certain terms. tions Convention on Racial Discrimination, oil and gas. Before the disruption Mr. President, I believe that Indo- Torture, and Human Rights. (c) SUPPORT FOR INVESTIGATIONS.—Of the caused by the current global financial nesia is extraordinarily important eco- amounts appropriated by this Act for Indo- crisis, the World Bank in 1997 esti- nomically. As I said, the rupiah has nesia, the Secretary of State, after consulta- mated that Indonesia would possess the fallen by over 70 percent in value in the tion with Congress, shall make available world’s 6th largest economy by early in past year. The country is saddled with such funds as the Secretary considers appro- the new century, and Indonesia has about $80 billion in private debt and priate in order to provide support and tech- been an active proponent of more lib- the prospect of a fall of 10 percent in nical assistance to the Government of Indo- nesia, and to independent nongovernmental eral trade measures in the Asia-Pacific its gross domestic product and a drop organizations, for purposes of conducting region; of over 25 percent of its manufacturing full, fair, and impartial investigations into As the largest member of ASEAN, output. The economy is at a standstill. the allegations surrounding the riots, vio- and a founder of the Asian Regional Inflation is threatening to reach triple lence, and rape of ethnic Chinese in Indo- Forum, Indonesia has been a linchpin digits and unemployment is rising rap- nesia in May 1998. of regional security, and has worked idly. (d) REPORT.—(1) Not later than 6 months after the date of enactment of this Act, the with the United States on many key While I believe that Indonesia has Secretary of State shall submit to Congress regional security concerns; the long-term capacity to work its way a report containing the following: In short, the United States has a pro- back to prosperity, in the short term (A) An assessment of— found national interest in the emer- the pain will likely get worse as the (i) whether or not there was a systematic gence of a stable, prosperous and demo- full effect of the financial crisis works and organized campaign of violence, includ- cratic Indonesia from its current pe- its way through the economy. ing the use of rape, against the ethnic Chi- riod of instability. Finally, Indonesia is on the brink of nese community in Indonesia during the May Let me briefly recap some of the a profound humanitarian crisis. 1998 riots in Indonesia; and (ii) the level and degree of participation, if issues currently facing Indonesia and In the past year Indonesia has faced any, of members of the Government or the developments which underscore, I severe droughts and massive fires, with armed forces of Indonesia in the riots. believe, the need for these two Amend- the end result being that Indonesia is (B) An assessment of the adequacy of the ments. now unable to produce sufficient food actions taken by the Government of Indo- First, in response to public pressure to meet the needs of its people—food nesia to investigate the May 1998 riots in In- to step down, earlier this year Presi- shortages which have been exacerbated donesia, bring the perpetrators of the riots dent Suharto resigned after thirty-two by the current economic crisis. to justice, and ensure that similar riots do years in office. Following an orderly In a somewhat limited assessment not recur. transfer of power, the new President, earlier this year, the World Food Pro- (C) An evaluation of the implications of the matters assessed under subparagraphs B.J. Habibie, assembled a cabinet, took gram estimated that more than 7.5 mil- (A) and (B) for relations between the United some initial steps towards political re- lion Indonesians in the Eastern areas States and Indonesia. form, and pledged new elections. faced severe food shortages, malnutri- (2) The report under this subsection shall Several dangers still lie ahead. Indo- tion, and starvation as a result of the be submitted in unclassified form, but may nesia lacks a system with strong and drought and fires. Others have esti- include a classified annex. capable democratic institutions and mated that with the effects of the eco- Mrs. FEINSTEIN. Mr. President, I has a long history of regional, religious nomic crisis compounding the natural rise on behalf of the distinguished and ethnic tensions. The road to a disasters, upwards of 100 million people chairman of the subcommittee and my- more open and democratic political across all of Indonesia may soon face self to address the two amendments system will be long and hazardous. acute food shortages. that I have just sent to the desk. The Second, at the same time as Indo- The Administration, I believe, is to first amendment addresses the politi- nesia must make progress in this polit- be commended for its handling of the cal, economic, and social turmoil now ical transition, it is imperative that situation thus far. President Clinton’s facing Indonesia, one of our most im- the Habibie government also take ac- meeting with Suharto at APEC last portant allies, and calls for a more ac- tion to address the economic crisis fall, Special Presidential Envoy Mon- tive U.S. role in supporting a peaceful that continues to buffet Indonesia. dale’s session with Suharto in March, economic and political transition in In- In other words, it is in the national Secretary Albright’s numerous discus- donesia. interest of the United States that there sions with Foreign Minister Alatas, The second amendment expresses my be a stable, prosperous and democratic and Assistant Secretary Roth’s many concern and condemnation over the al- Indonesia and that it come out of its legations regarding the brutal treat- trips to Jakarta have provided the current period of instability. ment and rape of ethnic Chinese United States an opportunity to en- The first amendment before this body women in Indonesia during the riots courage and support Indonesian politi- addresses the political, economic, and that occurred this past May, a situa- cal and economic reform. the social turmoil now facing Indo- tion that, if left unaddressed, threatens The Administration has also made to undermine the other progress that nesia, and it calls for a more active important pledges of food aid—more Indonesia is making. U.S. role in supporting a peaceful eco- than 230,000 tons this year through Taken together, I believe that these nomic and political transition and for grants and ‘‘soft’’ loans, with much two amendments provide a solid frame- America to lead a major humanitarian more promised if and as the crisis work for U.S. policy towards this vital effort. Mr. President, today, at least deepens. country. 71⁄2 million people are facing starvation In assessing the challenges facing In- Indonesia is a country of great sig- in that country. donesia, however, I believe that the nificance for the United States, and we The second amendment is a sense of United States must do more to assist have a great deal riding on the out- the Senate that expresses the concern the people of Indonesia to take advan- come of the current period of economic and condemnation regarding allega- tage of the challenges and opportuni- and political transition. tions for the brutal mistreatment of ties of a post-Suharto era. Indonesia is the world’s fourth-most the ethnic Chinese community within Indeed, beyond the ‘‘macro’’ ques- populous nation, and its ethnic and re- that country. That community totals tions of political and economic reform, S9742 CONGRESSIONAL RECORD — SENATE September 1, 1998 hard-won gains made over the past velop and lead a reform process that is found no women who fell victim to thirty years in such areas as nutrition, deep and wide, reaches out to all Indo- gang rape or who claimed to have been sanitation and public health are all nesians, and lays the groundwork for raped during the May riots.’’ under threat, while, crime, child labor, restored confidence in Indonesia’s po- Minister Tutty Alawiah’s statement, and poverty are on the rise. Ordinary litical and economic future. and those of other leading Indonesian Indonesians are suffering as a result of The second amendment which I have political figures have also been quoted this crisis. offered today speaks to a specific situa- in the press as doubting the veracity of First, in recognition of the need to tion in Indonesia which I fear, if left the rapes, fly in the face of the volumi- help alleviate that suffering, this unaddressed, runs the risk of under- nous credible findings of independent Amendment supports the Administra- mining the progress which Indonesia groups, such as the Indonesian Human tion’s pledges of humanitarian food as- has made and the goals articulated by Rights Commission, as well as numer- sistance. Moreover, it calls on the my first amendment: The question is ous reports in the media, which have United States to take a leading role in the treatment of its ethnic Chinese mi- found considerable evidence of the the international community in devel- nority during the riots of this May, and these criminal, inhuman, rapes. oping and implementing efforts to specifically what appears to be system- For example, in an August 3, 1998 meet Indonesia’s humanitarian and atic rape against the female population story Business Week reported that ‘‘On food needs, with the goal of assuring as an instrument of terror. May 14, trucks loaded with muscular that programs are put in place which Mr. President, in all too many places men raced to shopping centers and will prevent famine and which will and in all too many conflicts in recent housing projects owned by ethnic Chi- meet the basic needs of Indonesia’s years we have witnessed the use of rape nese. The men doused the shops and people. and sexual torture as an instrument of houses with gasoline and set off dev- I believe it is extraordinarily impor- war and ethnic cleansing. Although, I astating fires. At least 182 women were tant that the United States lead a am sad to say, some incidents of rape raped or sexually tortured, some of major international effort at humani- have always accompanied war and tur- them repeatedly, by men with crewcuts tarian relief to see that the people of moil in human history, the record of whom the victims believed to be sol- Indonesia avoid starvation. And this the past few years, with the use of or- diers. At least 20 women are confirmed sense of the Senate, the first resolu- ganized, systematic campaigns of rape to have died as a result.’’ tion, puts this body in support of the as a tool of terror, is almost as though ‘‘Confirmed to have died.’’ I do not administration’s actions and urges the a new chapter in the barbarity of want to cast aspersions on the govern- administration to go a step further and human history has been opened. ment’s official investigation, but I can lead a major international humani- I was therefore deeply troubled when not help but find it curious that a jour- tarian relief effort. I learned that there are serious and nalist can find evidence of the rapes Second, this amendment supports In- credible allegations that rape was used and the aftermath yet one of the lead- donesia’s efforts to move forward with as an instrument of terror in targeted ers of the government’s investigation economic reforms. As I have already attacks on the ethnic Chinese commu- can not. said, while I am encouraged by some of nity in Indonesia during the riots this I find this particularly troubling in the positive signs we have seen thus past May. light of an August 1, 1998 Agence far, the key question is whether the According to credible reports, at France-Presse news story which re- Habibie government will be more suc- least 168 cases of rape occurred in Ja- ported that ‘‘At least 22 victims and cessful than its predecessor in carrying karta alone during the riots of May 13– witnesses of rapes during the wide- through on its economic reform com- 15, 1998 as part of a pattern of political spread rioting in Indonesia in May mitments. violence targeted against ethnic Chi- have talked to a team set up by the To that end this amendment calls on nese in Indonesia. government to probe violence during the United States to adopt a more ag- An investigative report published in the unrest.’’ gressive approach to working with In- Asiaweek on July 24, 1998 describes in- What has become of the evidence pro- donesia to implement serious and far cidents documented by Rosita Noer, an vided by these 22 victims and wit- reaching economic and fiscal reform: Indonesian physician and human rights nesses, that Minister Tutty Alawiah To restructure corporate debt, reform activist. For example, ‘‘In three Chi- claims that no evidence of the rapes bankrupt and corrupt economic struc- nese areas of west Jakarta, between 5 can be found and that no victims have tures, implement transparent legal and and 8 pm, dozens of men dragged a hun- come forward? banking systems, and open its economy dred or so girls on to the streets, The Chicago Tribune, on July 29, to greater international trade. stripped them and forced them to 1998, carried a story featuring At the same time, this amendment dance before a crowd. Twenty were ‘‘Aileen’’, a still-hospitalized 24 year recognizes that such economic reform raped, then some burned alive, says old ethnic Chinese women raped by a can not come without considerable dis- Noer. She examined six other victims group of men and left in a pool of ruption to the lives of many Indo- attacked in their homes in different blood. nesians, and it thus supports efforts by areas of Jakarta. The girls were be- Are the government investigators un- the Government of Indonesia to cast a tween the ages of 14 and 20; four of willing or unable to find this women, wide social safety net to provide relief them had been raped by seven men.’’ and the many others like her, so easily to those in need. In light of such reports, I was encour- found and interviewed by an American Finally, given President Habibie’s aged by President Habibie’s decision journalist? public affirmation of the importance of two months ago to set up a national Perhaps most telling, a July 13, 1998 moving on political reform and eco- committee of inquiry to investigate report by the Volunteers Team for Hu- nomic recovery in tandem—an ap- the rapes, and his branding these rapes manity, headed by Father Sandyawan, proach I agree with—this amendment as criminal, inhumane actions. a respected Indonesian human rights also calls on the Administration to I have been troubled, however, by the activist, found ample documentation of take a more activist approach to work- lack of clear and decisive action taken systematic and organized rapes tar- ing to develop democratic institutions by the Government of Indonesia over geted at Indonesia’s ethnic Chinese and processes in Indonesia, to see that the past three months to investigate community. the human rights of all Indonesians are these rapes and bring the perpetrators The report contains locations of respected and protected, and for the to justice. rapes, the modus operandi of the per- Government of Indonesia to adhere to Just this past weekend, for example, petrators, dates of the rapes, and its commitment to hold elections. Indonesian Women’s Affairs Minister quotes from victims and witnesses, In sum, this amendment seeks to en- Tutty Alawiah, one of the leaders of among other documentary evidence. courage the development of more ac- the government investigation, was re- Indeed, it is ironic to note that the tive and engaged U.S. approach to In- ported in the press to have stated that authors of this July 13 report under- donesia, and a U.S. policy which will ‘‘The team has been conducting an in- took their documentary efforts pre- work the Indonesian government to de- vestigation for 11⁄2 months now but has cisely because they feared that there September 1, 1998 CONGRESSIONAL RECORD — SENATE S9743 would be efforts to ‘‘cover the case up plications for U.S.-Indonesian rela- things—first, what happens in Jakarta as if it never happened.’’ tions. is of enormous strategic importance to What has become of this credible vol- Essentially what the resolution does the United States. Second, we should ume of documentation gathered by a is condemn these acts, calls on the ad- take note that the political changes respected independent group in the ministration to work with the Indo- underway are a direct result of the ef- context of the government investiga- nesian government committee inves- forts of the Indonesian people. As they tion? tigating these acts in hopes that the suffer an acute economic crisis causing In short, there appears to be ample investigation will be forthcoming and dislocation, devastation and pain, they evidence that these rapes occurred, and straightforward and will take adequate have managed to drive and direct polit- that the director of the United Nations measures to bring to justice those re- ical transition which I am hopeful will Development Fund for Women was sponsible for these riots and these lead to an elected and truly democratic well-founded in her belief when she rapes. government. stated that these rapes occurred as To those in Indonesia who may mis- This course has not been without its part of an ‘‘organized reaction to cri- interpret my intent with this Amend- horror stories. Let me speak to one of sis.’’ ment let me be clear: I do not offer this the two amendments which focuses on I realize that the Indonesian govern- Amendment as an attack on the Gov- the ethnic violence which exploded in ment investigation is not yet complete. ernment of Indonesia. Just the oppo- the Spring. For decades, the Indonesian But I find it deeply troubling that site. I offer it because I understand how Chinese community has played an im- there are signs that the official govern- difficult it can be to face up to mis- portant role in generating the excep- ment investigation of these incidents deeds and take necessary and respon- tional economic growth which im- may be guided more by political con- sible action to rectify the situation, proved the quality of life for a majority siderations then by a commitment to and I want the people of Indonesia to of Indonesians. Although only six mil- the truth and to justice. know that as they move forward and lion strong, most have deep roots We all know that there are numerous deal with this difficult issue that if reaching back many generations and problems that arise with efforts to in- they do the right thing their friends consider Indonesia their home. Tragically, for many Indonesian Chi- vestigate and document rape. Many will be there to offer support and as- nese their place in Indonesia’s rich life women are afraid to speak to investiga- sistance. came to a shocking and sudden end in tors. There is embarrassment and great It is my belief that if Indonesia does not take adequate measures to bring to the violence which erupted in May. In- social stigma. donesian Chinese homes, shops, and And, in a case like Indonesia, where justice those responsible for the May businesses were clearly targeted, there are allegations that members of riots and rapes, it may well set itself burned, looted and destroyed in the the armed forces may have been in- down a course in which political and riots which broke out. While it was dif- volved in the riots and rapes, there is a economic reform, democratization, re- spect for human rights—in short, many ficult for the police to restore stability special need to assure that any victims any where, it seemed to many no effort who cooperate with the investigation of the measures which Indonesia so desperately needs to undertake to work was made to protect Indonesian Chi- receive protection. nese communities and their citizens. But given the ability of others—inde- itself out of the present crisis—become all but impossible. That would be a Most shocking of all were allegations pendent groups and the media—to com- of rape and attacks on women and pile significant and credible evidence of great tragedy for the people of Indo- nesia, and a great disappointment to young girls. Unfortunately, there are the rapes which appeared to have oc- even allegations that police officers curred during the May riots, it is un- those of us here in the Senate who con- sider ourselves friends of the Indo- and army troops may have engaged in settling, to say the least, to be faced these atrocities. Non-government orga- with the prospect that the government nesian people. Mr. President, Indonesia is under- nizations have estimated that more may try to deny that the rapes oc- going a dramatic transformation. The than 160 women and girls were victims curred at all, let alone to bring to jus- transition to a more pluralistic system of these awful crimes, many of them tice those responsible. will likely be lengthy and difficult. The Indonesian Chinese. Thus, the second Amendment which I United States has long sought to pro- While this violence has a very human have offered here today condemns in no mote a more open and tolerant Indo- face and toll, a number of news ac- uncertain terms the rapes and mis- nesia. I believe that the United States counts have called attention to the treatment of the ethnic Chinese com- must continue to work closely with In- crippling economic impact of this eth- munity during the May riots. donesia during this critical transition nic violence. Not only did Indonesian Moreover, it urges a full, fair, and period, while acknowledging that only Chinese withdraw their capital, South- complete investigation of the rape alle- the Indonesian people can determine east Asian Chinese in Hong Kong, Tai- gations and calls for those responsible their future. It is my hope that the two wan and elsewhere have pulled out and to be brought to justice. amendments which I have offered are reluctant to return. One expert has It calls on the Government of Indo- today can contribute to this process. estimated it will be at least five years nesia to assure that the human rights I thank the chairman of the commit- before the community is confident of the ethnic Chinese community—in- tee, the distinguished Senator from enough to resume investment—a fact deed of all Indonesians—should be re- Kentucky, for his support of these two that contributes to Indonesia’s already spected and protected; that the repara- amendments to the bill. grave economic woes. And, who could tions the government has pledged to Mr. McCONNELL addressed the blame them? those who lost property in the May Chair. This amendment condemns the vio- riots should be expedited, and that rape The PRESIDING OFFICER. The Sen- lence against ethnic Indonesian Chi- victims should receive just compensa- ator from Kentucky. nese, encourages prompt full action by tion as well, including medical care Mr. McCONNELL. I commend my the government and provides for U.S. where still-needed. friend and colleague from California support for the effort to investigate The Amendment also calls on the Ad- for these two amendments, and I am and bring to justice those responsible ministration to provide support and as- proud to be a principal cosponsor of for these outrageous acts. As Indonesia sistance to the Indonesian government them. proceeds on its path to build a demo- and the independent human rights I think the amendments both define cratic and free nation, it is essential groups investigating these allegations, the core problems which afflict Indo- that the rights of minorities are re- in the interest of assuring full, fair, nesia, as well as offer clear support for spected and protected. I believe the and complete investigations. the organizations and initiatives which government must take steps to fully Lastly, it calls for the administra- will return Indonesia to a path of eco- investigate the violence suffered by the tion to provide Congress with a report nomic growth as Jakarta launches on a Indonesian Chinese community over evaluating the allegations surrounding new democratic political course. the past several months and clearly these rapes, the actions taken by the The road ahead for Indonesia will not support efforts to rebuild homes, busi- Government of Indonesia, and the im- be easy, but I am confident of two nesses and lives. I was encouraged by S9744 CONGRESSIONAL RECORD — SENATE September 1, 1998 President Habibe’s decision to turn re- lation. Although they have expressed The assistant legislative clerk read sponsibility for the investigation over interest in working with AID, coopera- as follows: to the National Human Rights Com- tion has been slow to materialize. The Senator from Washington [Mr. GOR- mission which has pledged to conduct a AID must also expand support for po- TON] proposes an amendment numbered 3509. prompt, complete investigation of all litical reforms. Media training and Mr. GORTON. Mr. President, I ask allegations of attacks and crimes. technical support, political party unanimous consent that reading of the I welcomed the Commission Vice building and legal reforms are all ur- amendment be dispensed with. Chairman’s response to suggestions gently needed to secure the foundation The PRESIDING OFFICER. Without that foreign media were generating for democratic institutions to con- objection, it is so ordered. false accounts of events. He said, structively shape Indonesia’s future. The amendment is as follows: These crimes are so serious they need no The bill, report and this amendment At the appropriate place in the bill, insert exaggeration and we must not lose sight of encourage improvements, and require a the following: that. We want to work carefully and me- report on the conditions and status of SEC. . SENSE OF CONGRESS REGARDING THE thodically and I can tell you that the evi- our efforts in meeting national needs. IMF RESPONSE TO THE ECONOMIC dence we are obtaining so far is very strong, The bill’s commitment of $100 mil- CRISIS IN RUSSIA. and, yes, it is apparent there were gang lion along with these amendments sets (a) Congress finds that— rapes, and yes, some were very violent. a course for improving our relations (1) Russia is currently facing a severe eco- The Vice Chairman has also con- and support for the important transi- nomic crisis that threatens President Boris firmed that 20 victims of rape have tion underway in a nation of criticial Yeltsin’s ability to maintain power; since died, most by suicide and some (2) the Russian Communist Party may well importance to the United States. Insta- soon be a part of the government of the Rus- within hours of the offenses. bility in Indonesia continues to be the sian Republic and may be given real influ- Since these preliminary positive undertow dragging down regional eco- ence over Russian economic policies; signs, there was a report that the Com- nomic recovery. And, the Secretary of (3) the International Monetary Fund has mission was not able to reach any con- Defense has been very persuasive in continued to provide funding to Russia de- clusions on the scale or pattern of at- making the case that a further decline spite Russia’s refusal to implement reforms tacks. I hope that Commission and our into chaos in a country of more than tied to the funding; embassy will work hard to make sure 200 million people, a nation which (4) the Russian economic crisis follows a all of the concerns raised by the Indo- staddles vital global shipping lanes, in similar crisis in Asia; (5) the International Monetary Fund im- nesian Chinese community are ad- a scenario he believes we should make posed strict requirements on Republic of dressed before declaring their work every effort to prevent. Korea and other democratic and free market done. Our support and Indonesian effort are nations in Asia; Some observers seem to have an im- the key to what lies ahead—to suc- (6) the International Monetary Fund has pression that this ethnic community is cess—to building investor confidence— not imposed the same requirements on Rus- so wealthy they can and should leave to recoverying capital which has fled— sia; and Indonesia, but, that is simply not the to protecting minorities—to restarting (7) Russia has not made the same commit- case. As Jusef Wannadi, a prominent the engines of economic growth—to re- ment to free market economic principles as member of the community, noted, building American markets—to helping Republic of Korea and other Asian nations receiving assistance from the International ‘‘The majority of Indonesia Chinese— a key ally set a democratic course. Monetary Fund. poor laborers, farmers, fishermen and Again, I commend the Senator from (b) It is the sense of Congress that the small shop owners—have no option but California for her interest and hard International Monetary Fund should not to try to survive in Indonesia.’’ work to restore the vital partnership provide funding to a Russian government His sentiments were echoed by a fa- we share with Indonesia. whose economic policies are significantly af- ther of three: As far as I know, Mr. President, there fected by the Russian Communist Party, or The worst thing is that you can’t really are no objections to these amendments under significantly less free market condi- stay but there is nowhere else to live. They on either side of the aisle, and I rec- tions than those imposed on the Republic of tell me I am an Indonesian national, yet I ommend that we proceed to passage. Korea and other democratic, free market na- am starting to feel homeless as well as state- The PRESIDING OFFICER. Is there tions in Southeast Asia. less. Tell me, why should I have to leave my further debate on the amendments? Mr. GORTON. Mr. President, at an home? If not, the question is on agreeing to earlier date, on the bill similar to this It is going to take a great deal of ef- the two amendments offered by the relating to foreign policy, I discussed fort by a credible, elected government Senator from California. Without ob- some of the policies of the Inter- to heal these deep rifts dividing Indo- jection, they will be considered en bloc. national Monetary Fund in that con- nesia which makes the process and The amendments (Nos. 3507 and 3508) nection with respect to Indonesia while prospects of political reform all the were agreed to. Indonesia was still ruled by the more urgent. The second amendment Mr. McCONNELL. Mr. President, I Suhartos. That amendment, or a modi- focuses on how the United States can move to reconsider the vote. fication of that amendment, was in- expand and accelerate our support for Mrs. FEINSTEIN. I move to lay that cluded in the original passage of the this reconciliation and recovery. As I motion on the table. International Monetary Fund refur- made clear in my opening statement, The motion to lay on the table was bishment and, in fact, is included in agreed to. the Administration has been consist- this bill, although it is close to irrele- Mr. McCONNELL. Mr. President, the ently behind the curve in supporting vant now that the Government of Indo- Senator from Washington has an nesia is in different hands and in con- such an effort. amendment which we have cleared on Although AID’s Administrator has siderable need of aid, as was indicated both sides of the aisle, and I would like pledged an expansion of food, medical by some of the debate on the previous to give him an opportunity to send and humanitarian relief very little has amendment. that amendment to the desk at this actually been made available, in part This amendment deals with my deep time. because the real needs are still a mat- Mr. GORTON addressed the Chair. concern, a concern I believe widely ter of guess work. Altough I have The PRESIDING OFFICER. The Sen- shared, with respect to the way in pressed since March, AID still hasn’t ator from Washington is recognized. which the International Monetary conducted a nation-wide estimate of AMENDMENT NO. 3509 Fund is handling the problems in Rus- food shortages or other social safety (Purpose: To express the sense of the Con- sia. The amendment—a sense of the net requirements. I am also dis- gress regarding IMF response to the eco- Senate directed at the International appointed by the slow pace of AID ef- nomic crisis in Russia) Monetary Fund—makes two points in forts to work and build upon Indo- Mr. GORTON. Mr. President, I have that connection. The first cautions the nesia’s vast Muslim community organi- sent an amendment to the desk and I International Monetary Fund against zational networks. Two national orga- ask for its immediate consideration. funding any Russian Government in nizations have clinics, schools, and The PRESIDING OFFICER. Without which the Communist Party of Russia community centers which already objection, the pending amendments are plays a significant role with respect to reach out to a majority of the popu- set aside. The clerk will report. economic policy. We know that the September 1, 1998 CONGRESSIONAL RECORD — SENATE S9745 Russian Government is in chaos at the the ruble would not be devalued, Russia’s whether they achieve the desired results. present time after the firing of one Prime Minister announced that the govern- When asked at a July 13 press conference Prime Minister by President Yeltsin ment would allow the ruble to be devalued whether the IMF would refrain from new by 34 percent by the end of this year. He also lending because of reduced liquidity, IMF and the substitution for him, at least declared a 90-day foreign debt moratorium. Treasurer David Williams responded, ‘‘[W]e at the behest of the President, of Mr. It is now painfully clear that the $22.6 billion never say no.’’ Chernomyrdin, a previous Prime Min- bailout package orchestrated by the Inter- Russia is a prime example of how this can ister of Russia. His nomination was national Monetary Fund (IMF) has not res- lead to disastrous results. Since 1992 (and be- just rejected yesterday by the Russian cued Russia. fore the most recent $22.6 billion bailout), Duma. We don’t know where it will go. Commenting on the Russian devaluation the IMF lent Russia over $18 billion. With What we do know is that the Govern- and debt moratorium on August 17, Michel each loan, the IMF required Russia to adopt Camdessus, the Fund’s Managing Director, economic reforms. Even though Moscow ment of Russia was very close to an concluded that ‘‘Implementation of [Russia’s rarely fulfilled its promises, the IMF contin- agreement with the Russian Com- economic] program has been satisfactory.’’ ued to disperse tranche after tranche. In munist Party, under which the Com- Camdessus, however, never explains how other words, the cheap credits allowed Rus- munist Party would play a major role something as disastrous as a currency de- sia to delay reforms, while the IMF rewarded in the Government and a major role in valuation of this scope can be deemed ‘‘satis- Moscow for not reforming. its economic policies, that major role factory.’’ Even he admits that, despite the This pattern is being repeated in the cur- being to reverse free market reforms IMF bailout, ‘‘confidence in financial mar- rent bailout. Despite the devaluation of the kets has not been reestablished and as a re- ruble and the Duma’s refusal to pass the ma- and return to state control of the econ- sult Russia has continued to lose reserves, jority of IMF-mandated reforms, Michel omy. It would be foolishness exempli- and asset prices have fallen sharply.’’ If this Camdessus’ August 17 statement merely re- fied, were we to fund such a change in is ‘‘satisfactory,’’ Camdessus must have a marked that [Russia’s] measures and their the Russian Government through the very high tolerance for failure. potential impact will immediately be ana- International Monetary Fund, and this What was the purpose of the July IMF bail- lyzed by the staff and management of the amendment cautions against it. out of Russia, and who is responsible for its IMF . . . I hope that the government’s eco- It also deals with another subject, failure? nomic program will continue to be imple- the subject of all of the billions of dol- THE PURPOSE OF THE IMF BAILOUT mented in full, so that the economic and fi- On July 20, the IMF Executive Board ap- nancial situation will improve and the IMF lars that the International Monetary can be in a position to disburse the second Fund has granted to Russia already on proved its portion ($11.2 billion) of a $22.6 bil- lion international bailout. This emergency tranche . . . condition that it move more decisively package was intended to help Russia main- CONCLUSION toward a free market economy. While tain the value of the ruble while the govern- Russia is now in an economic morass. The the International Monetary Fund has ment implemented reforms necessary to cre- achievements of the Yeltsin administra- dealt very firmly with respect to free ate long-term stability. IMF First Deputy tion—a stable currency and low inflation— market conditions in dealing with the Managing Director Stanley Fischer outlined have gone down the drain. The political cost crisis in Southeast Asia—with the Re- this strategy on July 13: to the Yeltsin government will be tremen- The underlying problem [in Russia] is the public of Korea, with Thailand, with dous, as millions of workers and pensioners budget and the financing needs. So if you de- have not been paid for months and the price Malaysia, with Indonesia and the like— value, you sort of relieve the pressure on the it has consistently operated with a inflation will escalate. Before August 17, markets for a while, causing difficulties, but Russia had asked whether the international double standard with respect to Russia. unless you got the budget in shape, and the community were prepared to provide some The double standard has not only wast- devaluation wasn’t going to do anything for additional financial support beyond the $22.6 ed money, the double standard has cre- the budget, you would be back in this situa- billion finalized on July 20. Thus far, the G– ated justified unhappiness, justified tion. 7 leading industrial countries have prudently Indeed, the IMF plan specifically stated bitterness in the Southeast Asian declined. that ‘‘exchange rate policy should remain Both the IMF and Russia share the blame countries that see the International broadly unchanged during the remainder of Monetary Fund imposing a double for the country’s current crisis. Despite 1998.’’ After only four weeks, however, it is ample advice on how to shore up its econ- standard: One very tough standard on clear that the massive bailout failed in both omy, Russia has refused to implement the them and far more lax standards or, of its missions: The ruble was devalued, and changes necessary to resolve the current cri- rather, standards that are consistently reforms are not likely to be implemented. sis and create long-term economic health. On August 17, Prime Minister Sergei ignored with respect to Russia. The IMF has consistently permitted Russia Kiriyenko announced that the government to borrow despite Russia’s refusal to reform So this amendment, the sense-of-the- would allow the ruble to fall from the former its economy. Senate amendment, also calls for a sin- official rate of 6.3 to the U.S. dollar to 9.5 to Congress should send a message to Russia gle standard with respect to Inter- the dollar. This devaluation and a 90-day for- that the United States will no longer send national Monetary Fund funding of eign debt moratorium amount to an expen- good money after bad. It can do so by refus- sive policy debacle for Russia. The devalu- Russia, even in a noncommunist gov- ing to approve additional funding for the ation will make it much more expensive to ernment, and the similarly situated IMF. An organization that cannot say ‘‘no’’ repay foreign currency-denominated debt. countries in Southeast Asia. As the should not be given additional money to The moratorium has frightened already leery waste. chairman of the subcommittee said, I investors and likely will dampen foreign in- think this represents a broadly held vestment for years to come. Mr. GORTON. With that, Mr. Presi- point of view. I am not sure that it The Russian Duma, moreover, is not likely dent, and with a view that I believe should not be a part of the bill as a to adopt the bulk of the IMF-sanctioned re- this amendment is agreed to, I yield mandate on the way in which we deal form agenda. In fact, the Duma’s communist the floor. with the International Monetary Fund, majority already is urging the Russian gov- THE PRESIDING OFFICER. If there but because I cannot see the future, it ernment to backpedal on budgetary cuts, in- be no further debate, the question is on is merely a sense of the Senate at this crease domestic spending instead of paying foreign debt, or nationalize the dollar-de- agreeing to the amendment. point. nominated debt of Russian banks. The amendment (No. 3509) was agreed I ask unanimous consent to have to. WHO IS RESPONSIBLE? printed in the RECORD an article about Mr. GORTON. Mr. President, I move Both Russia and the IMF are responsible this double standard called ‘‘The IMF’s for the Russian debacle. Russia’s fault lies in to reconsider the vote. $22.6 billion failure in Russia,’’ from the government’s chronic refusal to reform. Mr. MCCONNELL. I move to lay that the Heritage Foundation. The Russian government has been aware of motion on the table. There being no objection, the article the problems in its economy and what is The motion to lay on the table was was ordered to be printed in the needed to fix them for at least five years. Be- agreed to. RECORD, as follows: cause of mismanagement, inertia, and out- AMENDMENTS NOS. 3510 THROUGH 3518, EN BLOC [From the Heritage Foundation Executive right corruption, such vital changes as trim- Mr. MCCONNELL. Mr. President, Memorandum, August 24, 1998] ming the budget, overhauling the tax code there are eight amendments. My friend and tax collection, land reform, and other- THE IMF’S $22.6 BILLION FAILURE IN RUSSIA from Vermont is in the vicinity. There wise providing conditions to step capital are eight amendments that he and I (By Ariel Cohen, Ph.D., and Brett D. flight and attract foreign investment have Schaefer) not been implemented. have cleared, two amendments by Sen- On August 17, just three days after Presi- The fault of the IMF lies in its willingness ator ASHCROFT on the Congo and Pal- dent Boris Yeltin unequivocally stated that to provide successive bailouts regardless of estinian Broadcast Corporation, a Lott S9746 CONGRESSIONAL RECORD — SENATE September 1, 1998 amendment on the Iraqi opposition, a Congo (DROC) that the managers of transparent and credible investigation. Wellstone amendment on international this bill have agreed to accept. As the It could mean that the DROC govern- sex trafficking, a Leahy amendment on ranking Democrat on the Subcommit- ment cooperates with a future UN mis- information disclosure, a Dodd amend- tee on Africa, I am pleased to have sion, if the UN decides to launch a new ment on reporting requirements, a been joined in this effort with the commission of inquiry. Or it could Kennedy amendment on Pan Am 103, Chairman of that Subcommittee, my mean that the government cooperates and a Feingold amendment on Nigeria. colleague from Missouri [Mr. fully with an appropriate judicial body, I send those amendments to the desk ASHCROFT] as well as the junior Sen- possibly an international tribunal, and ask they be considered en bloc. ator from North Carolina [Mr. FAIR- which would be charged with inves- The PRESIDING OFFICER. Without CLOTH]. tigating the massacres. We have left objection, it is so ordered. This amendment revises Section 574 the desired method intentionally vague Mr. MCCONNELL. I would add one of the foreign operations appropria- so that all options might be considered. more amendment to this group, an tions bill for fiscal year 1999 to define The amendment also calls for the im- amendment by Senator FEINSTEIN, restrictions on aid to DROC. It man- plementation of a credible democratic added to this group currently being dates that no aid may be granted to transition program, which includes the considered at the desk. the Democratic Republic of the Congo establishment of an independent elec- The PRESIDING OFFICER. The until the President certifies that the trical commission, the release of indi- clerk will report. DROC government is investigating and viduals detained or imprisoned for The assistant legislative clerk read prosecuting those responsible for their political views, the establishment as follows: human rights violations or atrocities of an environment conducive to the The Senator from Kentucky [Mr. MCCON- and is taking specific steps to imple- free exchange of political views, and NELL] proposes amendments numbers 3510 ment a credible democratic transition free and fair elections. through 3518, en bloc. program. The discussion of both the investiga- Mr. MCCONNELL. Mr. President, I When I originally began thinking tion of past abuses and of the imple- ask unanimous consent that reading of about an amendment of this nature, I mentation of political reform may the amendments be dispensed with. was concerned about the inability of seem academic at a moment when we The PRESIDING OFFICER. Without the DROC government to follow up on are watching Congo disintegrate into objection, it is so ordered. what were really gross abuses of civil war for the second time in less The amendments (Nos. 3510 through human rights committed during the than two years. A slightly different 3518), en bloc, are as follows: takeover of the former Zaire by the rebel movement is trying to recreate AMENDMENT NO. 3510 rebel movement that became known as the ‘‘success’’ of the AFDL in 1996 by On page 109, strike lines 15–23, and insert in the Alliance of Democratic Forces for taking control of large portions of lieu thereof the following: the Liberation of Congo (AFDL). Dur- Eastern and Central Congo. However, SEC. . PROHIBITION ON ASSISTANCE TO THE ing the takeover, which took place the latest events only underscore the DEMOCRATIC REPUBLIC OF CONGO. from late 1996 through the Spring of critical need for U.S. policy to focus on None of the funds appropriated or other- 1997, thousands of civilians, mostly the protection of human rights, an end wise made available by this Act may be pro- Hutu refugees, were slaughtered re- to impunity for gross abuses, and de- vided to the central Government of the portedly by rebel troops, some of them mocratization in DROC. It has been Democratic Republic of Congo until such possibly Rwandan or under Rwandan time as the President reports in writing to precisely the lack of attention to these the Speaker of the House of Representatives, command. The facts have never been issues that fueled the conflicts the Majority Leader of the Senate, the Inter- clear on these massacres, but credible throughout central Africa, and which national Relations Committee of the House, information from human rights groups now threaten the entire region. the Foreign Relations Committee of the Sen- clearly indicate that massacres were Mr. President, let me take this op- ate, the Appropriations Committee of the carried out throughout the country—in portunity to say unequivocally that I Senate, and the Appropriations Committee Mbandaka, in the west; in Kisangani, condemn actions by all the govern- of the House that the central Government of in the middle of the country, and in the ments and other movements in the re- the Democratic Republic of Congo is— Kivu region in the east—leading even a (1) investigating and prosecuting those re- gion to become involved in violent con- sponsible for civilian massacres, serious casual observer to surmise it was a flict in DROC. I am sorely disappointed human rights violations, or other atrocities well planned military operation. that despite repeated efforts to dis- committed in the Congo; and In July 1997, U.N. Secretary General courage them, the governments of both (2) implementing a credible democratic Kofi Annan named an investigative Rwanda and Uganda sought early on to transition program, which includes team to investigate gross violations of support the rebel movement. Now, the (A) the establishment of an independent human rights and international hu- involvement of Zimbabwe, Angola and electoral commission; manitarian law in Congo since March Namibia on the other side is no less (B) the release of individuals detained or 1993. Not only was the team mandated imprisoned for their political views; constructive. In fact, we are now seeing (C) the maintenance of a conducive envi- to look into the general question of the an almost total regionalization of this ronment for the free exchange of political massacres themselves, but also to es- conflict that risks bringing more and views, including the freedoms of association, tablish responsibility for the mas- more African countries into it. speech, and press; and sacres. Clearly, this is no way to further the (D) the conduct of free and fair national Unfortunately, the government of African ‘‘renaissance’’ that we had rea- elections for both the legislative and execu- Laurent Kabila continually obstructed tive branches of government. son to believe was underway. the work of the U.N. team—imposing I hope the parties will quickly move Notwithstanding the aforementioned restric- various conditions, delaying meetings, to declare a cease-fire, and to try to ne- tions, the President may provide electoral harassing potential witnesses, refusing gotiate an end to this terrible situa- assistance to the central Government of the permission to deploy to certain sites, Democratic Republic of Congo for any fiscal tion. and apparently organizing demonstra- In the meantime, I thank the man- year if the President certifies to the Inter- tions against the U.N. teams, to name national Relations Committee of the House, agers for the consideration of this the Foreign Relations Committee of the Sen- a few. Eventually, in April 1998, Mr. amendment. Annan felt compelled to withdraw his ate, the Appropriations Committee of the AMENDMENT NO. 3511 Senate, and the Appropriations Committee teams since it became impossible for (Purpose: To prohibit assistance to the of the House that the central Government of the team to conduct its work. Palestinian Broadcasting Corporation) the Democratic Republic of Congo has taken Nevertheless, it remains important steps to ensure that conditions in subsection that these atrocities be fully inves- At the appropriate place in the bill, insert 2 (A), (B), and (C) have been met. tigated and that those responsible be the following: Mr. FEINGOLD. Mr. President, I brought to justice. Our amendment SEC. . PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING COR- would like to explain an amendment calls for the investigation and prosecu- PORATION. related to U.S. development assistance tion of these abuses. This could mean None of the funds appropriated or other- to the Democratic Republic of the that the government conduct its own wise made available by this Act may be used September 1, 1998 CONGRESSIONAL RECORD — SENATE S9747 to provide equipment, technical support, Saxton, Representative Vince Snowbarger, this Act the Secretary of State shall submit training, consulting services, or any other Representative John Shimkus, Representa- a detailed report to the appropriate commit- form of assistance to the Palestinian Broad- tive Kay Granger, Representative Tom A. tees of Congress on implementation of this casting Corporation or any similar organiza- Coburn, Representative Todd Tiahrt, Rep- section.’’ tion. resentative Tom DeLay, Representative AMENDMENT NO. 3513 Mr. MCCONNELL. Mr. President, I Frank R. Wolf, Representative Bob Franks, (Purpose: Relating to the trafficking in ask unanimous consent a letter to Sec- Representative Frank A. LoBiondo, Rep- women and children) retary Albright on the Palestinian resentative Dave Weldon, Representative At the appropriate place in the bill, insert Broadcasting Corporation be printed in Steve Chabot, Representative Michael the following: Pappas, Representative Richard W. Pombo, SEC. . TRAFFICKING IN WOMEN AND CHILDREN. the RECORD. Representative Kevin Brady. The Secretary of State, in consultation There being no objection, the letter Representative Brad Sherman, Representa- with the Attorney General and appropriate was ordered to be printed in the tive Pete Sessions, Representative J.C. RECORD, as follows: nongovernmental organizations, shall— Watts, Jr., Representative Sue W. Kelly, (1) develop curricula and conduct training CONGRESS OF THE UNITED STATES, Representative Bob Barr, Representative for United States consular officers on the Washington, DC, May 19, 1998. Ken Calvert, Representative Robert B. prevalence and risks of trafficking in women Hon. MADELEINE K. ALBRIGHT, Aderholt, Representative Charles E. Schu- and children, and the rights of victims of Secretary of State, Department of State, mer, Representative Martin Frost, Rep- such trafficking; and Washington, DC. resentative Michael R. McNulty, Representa- (2) develop and disseminate to aliens seek- DEAR SECRETARY ALBRIGHT: We are writing tive Henry Hyde, Representative Charles T. ing to obtain visas written materials describ- to bring to your attention the very troubling Canady, Representative Roy Blunt, Rep- ing the potential risks of trafficking, includ- issue of the United States assisting foreign resentative Asa Hutchinson, Representative ing— entities which promote an agenda hostile to Phil English, Representative Richard K. (A) information as to the rights of victims the interests of our country. We cite the ex- Armey. in the United States of trafficking in women ample of the Palestinian Broadcasting Cor- Senator John Ashcroft, Senator Arlen and children, including legal and civil rights poration (PBC), which has been benefitting Specter, Senator Ben Nighthorse Campbell, in labor, marriage, and for crime victims from U.S. assistance while engaging in a Senator Jesse Helms, Senator Don Nickles, under the Violence Against Women Act; and campaign in support of violence and hatred Senator Dan Coats, Senator Thad Cochran, (B) the names of support and advocacy or- against the United States, our ally Israel, Senator Ernest F. Hollings, Senator Wayne ganizations in the United States. and the goal of peace in the Middle East. Allard, Senator James M. Inhofe, Senator AMENDMENT NO. 3514 As you well known, U.S. foreign assistance Jeff Sessions, Senator Jon Kyl, Senator (Purpose: To express the sense of Congress programs are designed to promote demo- Alfonse M. D’Amato, Senator Sam that information relevant to the December cratic ideals and respect for human rights. Brownback, Senator Charles E. Grassley, 2, 1980 assault and murder of four Amer- U.S. agencies which have distributed U.S. as- Senator Dirk Kempthorne, Senator Olympia ican churchwomen in El Salvador should sistance, however, have failed at times to de- J. Snowe. be made public to the fullest extent pos- termine beforehand if the organizations they Senator Christopher S. Bond, Senator sible and that circumstances under which are funding promote these basic ideals. In Susan M. Collins, Senator Mike DeWine, any individuals involved in either the mur- the specific case of the PBC, it is apparent Senator Bob Smith, Senator Ron Wyden, ders or the cover-up of the murders ob- that neither USAID, which has provided hun- Senator Harry Reid, Senator Larry E. Craig, tained residence in the United States be re- dreds of thousands of dollars via interagency Representative Jerry Weller, Representative viewed by the Attorney General) agreements to engage in programs with the Ileana Ros-Lehtinen, Representative Dan PBC and other media outlets, nor USIA/USIS Burton, Senator Tim Hutchinson, Senator At the appropriate place in the bill, insert Jerusalem, which has been the recipient of Paul Coverdell. the following: much of the funding, has assessed the value SEC. ll. (a) FINDINGS.—Congress makes of these programs for U.S. interests in the AMENDMENT NO. 3512 the following findings: Middle East. (Purpose: To support the Iraqi democratic (1) The December 2, 1980 brutal assault and Despite its awareness of the PBC’s activi- opposition) murder of four American churchwomen by ties and the resulting harm to U.S. interests, At the appropriate place in the bill insert members of the Salvadoran National Guard USIA committed the U.S. to pay for two the following: was covered up and never fully investigated; TVRO satellite dishes for the PBC’s use in ‘‘Notwithstanding any other provision of (2) On July 22 and July 23, 1998, Salvadoran exchange for their commitment to use seven law, of the amounts made available under authorities granted three of the National hours of Worldnet broadcasting a week. Al- Title II of this Act, not less than $10,000,000 Guardsmen convicted of the crimes early re- though we commend efforts to further the shall be made available only for assistance lease from prison; reach of Worldnet, we are concerned that the to the Iraqi democratic opposition for such (3) The United Nations Truth Commission PBC’s letter of acceptance for the equipment activities as organization, training, commu- for El Salvador determined in 1993 that there does not stipulate which programming will nication and dissemination of information, was sufficient evidence that the Guardsmen be shown and during what time periods. In and developing and implementing agree- were acting on orders from their superiors; essennce, we provided the PBC with equip- ments among opposition groups; Provided, (4) In March 1998, four of the convicted ment that could be used to import broad- that any agreement reached regarding the Guardsmen confessed that they acted after casts from Iraq, Iran, Libya and other na- obligation of funds under the previous pro- receiving orders from their superiors; tions hostile to the United States in ex- viso shall include provisions to ensure appro- (5) Recently declassified documents from change for a commitment to show a sporting priate monitoring on the use of such funds; the State Department show that United event at 3:00 a.m. Provided further that of this amount not less States Government officials were aware of It is our belief that the U.S. should support than $3,000,000 shall be made available as a information suggesting the involvement of a free and independent media around the grant to Iraqi National Congress, to be ad- superior officers in the murders; world. As USIA/USIS has recognized, how- (6) United States officials granted perma- ministered by its Executive Committee for ever, the PBC is the official broadcasting nent residence to a former Salvadoran mili- the benefit of all constituent groups of the arm of the Palestinian Authority, which is tary official involved in the cover-up of the Iraqi National Congress; provided further engaged in a campaign to restrict a free murders, enabling him to remain in Florida; that of the amounts previously appropriated press and promote violent progaganda. The and under section 10008 of Public Law 105–174 not PBC consistently broadcasts programming (7) Despite the fact that the murders oc- less than $2,000,000 shall be made available as that attempts to undermine all the United curred over 17 years ago, the families of the a grant to INDICT, the International Cam- States seeks to achieve in the Middle East. four victims continue to seek the disclosure Madame Secretary, we ask you to formu- paign to Indict Iraqi War Criminals, for the of information relevant to the murders. late a clear U.S. policy to terminate U.S. purpose of compiling information to support (b) SENSE OF CONGRESS.—It is the sense of taxpayer support for the PBC, while encour- the indictment of Iraqi officials for war Congress that— aging programs that promote genuine press crimes; Provided further that of the amounts (1) information relevant to the murders freedoms by supporting independent journal- made available under this section, not less should be made public to the fullest extent ists. We will be working in the Senate to im- than $1,000,000 shall be made available as a possible; plement such a policy and feel that a unified grant to INDICT, the International Cam- (2) the Secretary of State and the Depart- response on this important issue is war- paign to Indict Iraqi War Criminals, for the ment of State are to be commended for fully ranted. purpose of compiling information to support releasing information regarding the murders We thank you for your consideration of the indictment of Iraqi officials for war to the victims’ families and to the American this issue and look forward to working with crimes; Provided further that of the amounts public, in prompt response to Congressional you to advance U.S. interests in the Middle made available under this section, not less requests; East more effectively. than $3,000,000 shall be made available only (3) the President should order all other Sincerely, for the conduct of activities by the Iraqi Federal agencies and departments that pos- Representative Michael P. Forbes, Rep- democratic opposition inside Iraq; Provided sess relevant information to make every ef- resentative Jon D. Fox, Representative Jim further that within 30 days of enactment of fort to declassify and release to the victims’ S9748 CONGRESSIONAL RECORD — SENATE September 1, 1998 families relevant information as expedi- AMENDMENT NO. 3515 tary Personnel—a modest number. tiously as possible; (Purpose: To require a consolidated report on During that same time period, so called (4) in making determinations concerning all U.S. military training provided to for- Section 1004 authorized funds, paid for the declassification and release of relevant eign military personnel) information, the Federal agencies and de- out of the Fiscal 1997 Defense Appro- partment should presume in favor of releas- At the appropriate place in the bill add the priations Act, were used to train some ing, rather than of withholding, such infor- following new section: 829 Mexican military personnel—rough- SEC. . (a) The Secretary of Defense and mation; and ly four times as many individuals as (5) the President should direct the Attor- the Secretary of State shall jointly provide to the Congress by January 31, 1999, a report were trained under the auspices of ney General to review the circumstances IMET. under which individuals involved in either on all overseas military training provided to the murders or the cover-up of the murders foreign military personnel under programs Mr. President, I am one who believes obtained residence in the United States, and administered by the Department of Defense that United States National interests the Attorney General should submit a report and the Department of State during fiscal can be served by U.S. training foreign to the Congress on the results of such review years 1998 and 1999, including those proposed military personnel on the appropriate not later than January 1, 1999. for fiscal year 1999. This report shall include, roles for national militaries in civil so- for each such military training activity, the Mr. LEAHY. Mr. President, this foreign policy justification and purpose for ciety. However, I also believe that cer- amendment expresses the sense of Con- the training activity, the cost of the training tain kinds of training are inappropriate gress that information relevant to the activity, the number of foreign students for military institutions that may have murders of four American church- trained and their units of operation, and the poor track records with respect to re- women in El Salvador be made public location of the training. In addition, this re- specting the human rights of their own to the fullest extent possible. My un- port shall also include, with respect to citizens. It is imperative that the De- derstanding is that it is acceptable to United States personnel, the operational partment of Defense and State work both sides. benefits to United States forces derived from closely together to ensure that the It was 18 years ago, but the 1980 bru- each such training activity and the United States military units involved in each such United States is conveying a consistent tal murders of four American church- training activity. This report may include a message with respect to United States women by members of the Salvadoran classified annex if deemed necessary and ap- policy as it undertakes various pro- National Guard is seared in our mem- propriate. grams with foreign military leaders. I ory. Since that time the victims’ fami- (b) For purposes of this section a report to do not believe that currently enough lies have sought answers to questions Congress shall be deemed to mean a report to consultation takes place in this regard. about the nuns’ untimely deaths. Some the Appropriations and Foreign Relations At the moment, there is no single of- Committees of the Senate and the Appro- have been answered, many have not. It fice or report that one can turn to ob- is unfortunate that after so many priations and International Relations Com- mittees of the House. tain a comprehensive overview of the years, it is still necessary to offer an training that is ongoing abroad. It is Mr. DODD. Mr. President, as we con- amendment to urge the administration for that reason that I have offered the sider the Foreign Operations Appro- to release any information that would pending amendment, which requires a priations bill today, many of my col- shed light on what happened in this detailed report on this issue. The leagues may think that by reviewing case. It should have been done years amendment requires the Secretary of the provisions of the bill with respect ago. Defense and the Secretary of State to to funding for International Military To its credit, the State Department jointly provide to the Congress by Jan- Education and Training (IMET) they did promptly respond to Congressional uary 31, 1999, a report on all overseas will have a full picture of the total U.S. requests and fully release information military training of foreign military spending for the training of foreign about these horrific crimes. Other personnel under programs administered military personnel that is proposed for agencies have not. Far too often in this by the Department of Defense and the fiscal year 1999. Based on that review, case and others like it, the response to Department of State during fiscal they might conclude that the Adminis- requests for information has come years 1998 and 1999, including those tration will spend approximately $50 grudgingly, and then only in the form proposed for fiscal year 1999. million for training of military person- of heavily redacted documents with a Specifically, the report would include few lines of practically meaningless nel from some 113 countries, or roughly the same as has been spent on IMET the following for each such military text. training activity: a foreign policy jus- I appreciate the need to protect intel- during the current fiscal year. How- tification and purpose for the activity; ligence sources and methods, but these ever, that conclusion would not be ac- location and cost; the number of for- American citizens were murdered al- curate. eign students trained and their units of most two decades ago. While it is true that the Congress operation. The report would also iden- For years there have been allegations gets a very detailed accounting of the tify the United States military units and evidence to indicate that the Na- nature and level of IMET spending an- involved in the activities and an expla- tional Guardsmen convicted of these nually, a recent series of articles that nation of the benefits to United States crimes acted after receiving orders appeared in the Washington Post re- personnel derived from each such train- from their superiors. vealed that a great deal more training In March 1998, after 14 years of si- of foreign military personnel was ongo- ing activity. If deemed necessary and lence, four of the convicted men con- ing totally outside the framework of appropriate, the report may include a fessed that this was the case. Recently, IMET programs. classified annex. it has become known that even though The fact of the matter is that train- If Congress is going to be able to U.S. officials had reason to believe ing of foreign military personnel is now carry out responsible oversight to tax- these crimes were ordered and covered being undertaken using funds from a payer funded programs, such a report is up by higher authorities, at least one variety of other accounts under the vital. I also believe that such a report of those Salvadoran officers was grant- control of the State Department or the will be beneficial to Executive Branch ed permanent residence and is report- Defense Department. Some of these ac- officials and civilian government au- edly living in Florida. counts have no reporting requirements thorities in the countries where train- In addition to calling for the release associated with them and therefore lit- ing is ongoing. of information, this amendment also tle or no Congressional oversight is It is my understanding that the Ad- directs the Attorney General to review possible. ministration has no opposition to this the circumstances under which individ- What is even more significant, is that amendment. I urge its adoption. uals connected with these crimes ob- more foreign military personnel may AMENDMENT NO. 3516 tained residence in the United States. be being trained outside of the tradi- (Purpose: To express the sense of Congress It is a tragic irony that with so many tional framework of IMET programs on the trial in the Netherlands of the sus- people legitimately seeking asylum than is within such programs. I do pects indicted in the bombing of Pan Am upon our shores, we may have opened know for example that during Fiscal Flight 103) our doors to individuals who belong be- Year 1997 IMET funds were used to At the appropriate place in the bill, insert hind bars. train approximately 192 Mexican Mili- the following: September 1, 1998 CONGRESSIONAL RECORD — SENATE S9749 SEC. ll. SENSE OF CONGRESS REGARDING THE Nations in United Nations Security Council Mr. President, ten years ago, in De- TRIAL IN THE NETHERLANDS OF Resolution 1192; and cember 1988, 270 people, including 189 THE SUSPECTS INDICTED IN THE (3) if Colonel Qadaffi does not transfer the BOMBING OF PAN AM FLIGHT 103. Americans were killed in the terrorist indicted suspects Abdel Basset Al-Megrahi bombing of Pan Am Flight 103 over (a) FINDINGS.—Congress makes the follow- and Lamen Khalifa Fhimah to the Nether- ing findings: lands by October 29, 1998, the United States Lockerbie, Scotland. As a result of the (1) On December 21, 1988, 270 people, includ- Permanent Representative to the United Na- intense and skillful investigation that ing 189 United States citizens, were killed in tions should— followed, Britain and the United States a terrorist bombing on Pan Am Flight 103 (A) introduce a resolution in the United indicted 2 Libyan intelligence agents. over Lockerbie, Scotland. Nations Security Council to impose a multi- The leader of Libya, Colonel Muam- (2) Britain and the United States indicted lateral oil embargo against Libya; mar Qadafi, refused to extradite the 2 Libyan intelligence agents—Abdel Basset (B) actively promote adoption of the reso- suspects to either the United States or Al-Megrahi and Lamen Khalifa Fhimah—in lution by the United Nations Security Coun- the United Kingdom to stand trial. As 1991 and sought their extradition from Libya cil; and a result, the international community, to the United States or the United Kingdom (C) assure that a vote will occur in the to stand trial for this heinous terrorist act. United Nations Security Council on such a acting through the United Nations Se- (3) The United Nations Security Council resolution. curity Council, imposed economic called for the extradition of the suspects in Mr. LAUTENBERG. Mr. President, sanctions on Libya. The sanctions in- Security Council Resolution 731 and imposed today, Senator KENNEDY and I join to- clude a worldwide ban on Libya’s na- sanctions on Libya in Security Council Reso- tional airline and a ban on flights into lutions 748 and 883 because Libyan leader, gether, as we have in the past, in a ceaseless effort to provide some degree and out of Libya by the airlines of Colonel Muammar Qadaffi, refused to trans- other nations. They also include a pro- fer the suspects to either the United States of justice for the families of the vic- or the United Kingdom to stand trial. tims of the terrorist attack on Pan Am hibition on supplying arms, airplane (4) The sanctions in Security Council Reso- 103. This flight was brought down over parts, and certain oil equipment to lutions 748 and 883 include a worldwide ban Lockerbie, Scotland on December 21, Libya, and a freeze on Libyan Govern- on Libya’s national airline, a ban on flights 1988. 259 people on the plane and 11 oth- ment funds in other countries. into and out of Libya by other nations’ air- ers on the ground were killed. Most of Despite these sanctions, Colonel lines, a prohibition on supplying arms, air- the victims were Americans, making it Qadafi has refused to turn over the sus- plane parts, and certain oil equipment to pects to either the United States or the Libya, and a freeze on Libyan government the most fatal terrorist atrocity in American history. United Kingdom. He has said, however, funds in other countries. that he will transfer them to a third (5) Colonel Qaddafi has continually refused Two Libyan security agents have to extradite the suspects to either the been charged with this heinous crime. country to stand trial. United States or the United Kingdom and They must be held accountable before a A week ago, in a major development has insisted that he will only transfer the United States or United Kingdom in this case, the United States and the suspects to a third and neutral country to court. The United Nations Security United Kingdom proposed that Colonel stand trial. Council has imposed sanctions in an ef- Qadafi transfer the suspects to the (6) On August 24, 1998, the United States fort to make this happen, but for years Netherlands to stand trial before a and the United Kingdom proposed that Colo- this has brought no results. Scottish court, under Scottish law, and nel Qadaffi transfer the suspects to the Neth- with a panel of Scottish judges. Last erlands, where they would stand trial before Recently, Secretary of State a Scottish court, under Scottish law, and Albright proposed that the two sus- Thursday, the United Nations Security with a panel of Scottish judges. pects in the bombing of Pan Am 103 be Council endorsed this proposal and (7) The United States-United Kingdom pro- tried in a Scottish court, under Scot- called on Colonel Qadafi to transfer the posal is consistent with those previously en- tish law, with a panel of Scottish suspects promptly. dorsed by the Organization of African Unity, judges, but physically located in the The Administration has told Colonel the League of Arab States, the Non-Aligned Netherlands. Libyan authorities have Qadafi that this is a take-it-or-leave-it Movement, and the Islamic Conference. publicly accepted this proposal while proposal and that it is non-negotiable. (8) The United Nations Security Council calling for negotiations. Secretary of State Albright has said endorsed the United States-United Kingdom that the United States will urge a proposal on August 27, 1998, in United Na- I remain skeptical of Libya’s willing- tions Security Council Resolution 1192. ness to cooperate with the inter- worldwide oil embargo against Libya in (9) The United States Government has national community in bringing terror- the United Nations Security Council if stated that this proposal is nonnegotiable ists to justice. But I also remain hope- Colonel Qadafi rejects this offer and re- and has called on Colonel Qadaffi to respond ful that the families of the victims will fuses to transfer the suspects to the promptly, positively, and unequivocally to soon be able to end their painful wait Netherlands to stand trial. The Secu- this proposal by ensuring the timely appear- for justice. I therefore believe we rity Council is scheduled to conduct ance of the two accused individuals in the should give this potential solution an the next periodic review of Libyan Netherlands for trial before the Scottish sanctions on October 30. All of us hope court. opportunity to work, while remaining (10) The United States Government has determined to see the indicted terror- that Colonel Qadafi will accept this called on Libya to ensure the production of ists brought to trial. plan before that date. evidence, including the presence of witnesses The amendment we are introducing To send a clear message to Colonel before the court, and to comply fully with all today therefore sets a reasonable time Qadafi, this resolution calls on him to the requirements of the United Nations Se- limit for action. It also calls for the transfer the indicted suspects to the curity Council resolutions. imposition of additional multilateral Netherlands promptly, so that they can (11) Secretary of State Albright has said sanctions measures, even including an stand trial before the Scottish court in that the United States will urge a multilat- embargo on oil exports, if Libya fails the Netherlands. The resolution sup- eral oil embargo against Libya in the United ports the commitment by the United Nations Security Council if Colonel Muam- to turn over the bombing suspects for mar Qadaffi does not transfer the suspects to trial. States Government not to negotiate the Netherlands to stand trial. The families of the victims of the with Colonel Qadafi on the details of (12) The United Nations Security Council Pan Am 103 bombing understand that the proposal. If Colonel Qadafi fails to will convene on October 30, 1998, to review nothing will bring back their loved transfer the suspects to the Nether- sanctions imposed on Libya. ones. Nothing we do here can change lands before the end of October, the (b) SENSE OF CONGRESS.—It is the sense of that. But by adopting this resolution resolution calls on the United States Congress that— today we send the clear message that Permanent Representative to the (1) Colonel Qadaffi should promptly trans- we are determined to see justice served United Nations to introduce a resolu- fer the indicted suspects Abdel Basset Al- and we will continue to increase inter- tion in the Security Council to impose Megrahi and Lamen Khalifa Fhimah to the national pressure on Libya until that a worldwide embargo against Libya Netherlands to stand trial before the Scot- tish court; happens. and actively seeks its enactment. (2) the United States Government should Mr. KENNEDY. Mr. President, I sent The families of the victims of Pan remain firm in its commitment not to nego- this amendment to the desk on behalf Am 103 have waited too long for jus- tiate with Colonel Qadaffi on any of the de- of myself and Senators LAUTENBERG, tice. The Administration’s plan is a tails of the proposal approved by the United D’AMATO, and TORRICELLI. reasonable opportunity to end the long S9750 CONGRESSIONAL RECORD — SENATE September 1, 1998 impasse over these suspects, and troduced earlier this year, S. 2102, the beginning with a more robust develop- achieve a significant victory in the on- Nigeria Democracy and Civil Society ment assistance presence. going battle against international ter- Empowerment Act of 1998. That bill de- AMENDMENT NO. 3518 rorism. clares that the United States should (Purpose: To improve the prohibition on I urge my colleagues to approve this encourage the political, economic and United States arms export transactions to resolution. legal reforms necessary to ensure the foreign governments that do not cooperate AMENDMENT NO. 3517 rule of law and respect for human fully with United States antiterrorism ef- (Purpose: Relating to the development of a rights in Nigeria and should aggres- forts) new strategy for United States bilateral sively support a timely and effective At the appropriate place in the bill, insert assistance for Nigeria) the following: transition to democratic, civilian gov- ll At the appropriate place in the bill, insert SEC. . Section 40A of the Arms Export ernment for the people of Nigeria. The Control Act (22 U.S.C. 2781) is amended— the following: bill codifies many existing sanctions, SEC. ll. DEVELOPMENT ASSISTANCE IN NIGE- (1) in subsection (a), by striking ‘‘that the RIA. authorizes the President to impose new President’’ and all that follows and inserting (a) FINDINGS.—Congress makes the follow- sanctions if conditions sour in Nigeria, ‘‘unless the President determines and cer- ing findings: and would provide for $37 million in de- tifies to Congress for purposes of that fiscal (1) The bilateral development assistance velopment assistance over three years year that the government of the country is program in Nigeria has been insufficiently to support democracy and governance cooperating fully with the United States, or is taking adequate actions on its own, to funded and staffed, and the United States programs and the activities of the U.S. has missed opportunities to promote democ- help achieve United States antiterrorism ob- Information Agency. jectives.’’; racy and good governance as a result. My amendment would pick up on the (2) The recent political upheaval in Nigeria (2) by redesignating subsection (b) as sub- necessitates a new strategy for United development assistance provisions of S. section (e); States bilateral assistance program in that 2102 without specifying an amount. (3) by inserting after subsection (a), as so country that is focused on promoting a tran- Like S. 2102, this amendment author- amended, the following new subsections (b), sition to democracy. izes no new money. All spending in Ni- (c), and (d): (b) SENSE OF CONGRESS.—It is the sense of geria would come out of existing ‘‘(b) REQUIREMENT FOR CONTINUING CO- Congress that the President, acting through OPERATION.—(1) Notwithstanding the submit- USAID appropriations. tal of a certification with respect to a coun- the United States Agency for International The United States Agency for Inter- Development, should— try for purposes of a fiscal year under sub- (1) develop a new strategy for United national Development has already, cor- section (a), the prohibition in that sub- States bilateral assistance for Nigeria that is rectly, noted that its program in Nige- section shall apply to the country for the re- focused on the development of civil society ria needs considerable re-thinking. It mainder of that fiscal year if the President and the rule of law and that involves a broad recently submitted a notification to determines and certifies to Congress that the cross-section of Nigerian society but does certain congressional committees for government of the country has not contin- not provide for any direct assistance to the some $5 million to support an imme- ued to cooperate fully with United States, or Government of Nigeria, other than humani- diate and effective transition to de- to take adequate actions on its own, to help achieve United States antiterrorism objec- tarian assistance, unless and until that mocracy. But activities under this no- country successfully completes a transition tives. to civilian, democratic rule; tification were not fully defined, and ‘‘(2) A certification under paragraph (1) (2) increase the number of United States approval would have granted USAID shall take effect on the date of its submittal personnel at such Agency’s office in Lagos, broad leeway in its budgeting for this to Congress. Nigeria, from within the current, overall project, so the Congress has asked ‘‘(c) SCHEDULE FOR CERTIFICATIONS.—(1) staff resources of such Agency in order for USAID to provide additional details. The President shall, to the maximum extent such office to be sufficiently staffed to carry My amendment would require the ad- practicable, submit a certification with re- spect to a country for purposes of a fiscal out paragraph (1); and ministration to submit a report with a (3) consider the placement of such Agen- year under subsection (a) not later than Sep- more defined strategy for its Nigeria tember 1 of the year in which that fiscal year cy’s personnel elsewhere in Nigeria. program within 90 days of enactment of (c) REPORT.—Not later than 90 days after begins. the date of enactment of this Act, the Presi- the Foreign Operations bill. I would ‘‘(2) The President may submit a certifi- dent, acting through the United States hope that the preparation of this re- cation with respect to a county under sub- Agency for International Development, shall port will help the administration focus section (a) at any time after the date other- submit to the Committees on Appropriations its development efforts in Nigeria, so wise specified in paragraph (1) if the Presi- and Foreign Relations of the Senate and the that we do not receive such vague noti- dent determines that circumstances warrant the submittal of the certification at such Committees on Appropriations and Inter- fications in the future. national Relations of the House of Rep- later date. resentatives a report on the strategy devel- With the replacement of longtime ‘‘(d) CONSIDERATIONS FOR CERTIFICATIONS.— oped under subsection (b)(1). ruler General Abacha by the current In making a determination with respect to Mr. FEINGOLD. Mr. President, I am military leader, Gen. Abdulsalam the government of a country under sub- pleased that the managers of the for- Abubakar, there has been reason to be section (a) or subsection (b), the President optimistic about Nigeria’s future. Al- shall consider— eign operations appropriations bill ‘‘(1) the government’s record of— have agreed to accept my amendment though General Abubakar has not yet moved to repeal the repressive decrees ‘‘(A) apprehending, bringing to trial, con- regarding development assistance to victing, and punishing terrorists in areas Nigeria. that place severe restrictions on the under its jurisdiction; My amendment expresses the sense of basic freedoms of Nigerians, he has ‘‘(B) taking actions to dismantle terrorist the Senate that the assistance program taken some positive steps, including organizations in areas under its jurisdiction in Nigeria has not been sufficient and the release of several prominent politi- and to cut off their sources of funds; should be expanded, and that the re- cal prisoners, and has indicated a will- ‘‘(C) condemning terrorist actions and the cent political upheaval in the country ingness to move his country once and groups that conduct and sponsor them; requires a new strategy for develop- for all in the direction of democracy. ‘‘(D) refusing to bargain with or make con- But he had yet to deal with some of the cessions to terrorist organizations; ment assistance. The amendment ‘‘(E) isolating and applying pressure on specifies that no direct aid shall be pro- more vexing issues related to such a states that sponsor and support terrorism to vided to the government ‘‘unless and transition, which were further com- force such states to terminate their support until that country successfully com- plicated by the untimely death last for terrorism; pletes a transition to civilian, demo- May of Chief Moshood Abiola, the pre- ‘‘(F) assisting the United States in efforts cratic rule.’’ It also encourages the de- sumed winner of the 1993 elections. to apprehend terrorists who have targeted velopment of a more robust presence in These are not easy times in Nigeria, United States nationals and interests; Nigeria, including placing development nor for U.S.-Nigeria relations. As the ‘‘(G) sharing information and evidence personnel outside of Lagos, the capital. Ranking Member of the Senate Sub- with United States law enforcement agencies committee on Africa, and as someone during the investigation of terrorist attacks Finally, it requires the President to against United States nationals and inter- submit a report to Congress on the new who has watched Nigeria over the past ests; strategy. several years, I look forward to work- ‘‘(H) extraditing to the United States indi- This amendment reiterates part of ing with the administration on the de- viduals in its custody who are suspected of the basic policy expressed in a bill I in- velopment of a coherent Nigeria policy, participating in the planning, funding, or September 1, 1998 CONGRESSIONAL RECORD — SENATE S9751 conduct of terrorist attacks against United port for consideration of additional I have spoken with Senators LEAHY, States nationals and interests; and funding to the IFI, should it become HUTCHISON, and ROBERTS about my con- ‘‘(I) sharing intelligence with the United available in the future. cerns and they share these sentiments. States about terrorist activity, in general, Mr. MCCONNELL. I join Mr. LEAHY Mr. LEAHY. Thank you, Senator and terrorist activity directed against in assuring you that we will consider BINGAMAN. I too am concerned that United States nationals and interests, in particular; and adding funds to the IFI, should they be- providing military assistance to the ‘‘(2) any other matters that the President come available at a later date, so that Baltic nations with the expressed in- considers appropriate.’’; and we may bolster peace in the region. tent to accelerate their membership (4) in subsection (e), as so redesignated, by Mr. BINGAMAN. Mr. President, I am into NATO is premature and should not striking ‘‘national interests’’ and inserting very concerned about a provision in the prejudice consideration for their mem- ‘‘national security interests’’. FY 1999 Foreign Operations, Export Fi- bership into NATO when a decision to Mr. MCCONNELL. Mr. President, nancing, and Related Programs Appro- do so might occur. Senator LEAHY and I have cleared this priation bill regarding military assist- Mrs. HUTCHISON. Mr. President, I block of amendments. ance for the Baltic nations that, ac- agree with my colleagues on this very The PRESIDING OFFICER. If there cording to the Committee report, is in- important national security issue. In be no further debate, the question is on tended to accelerate the integration of particular, I agree that the words in agreeing to the amendments. the Baltic States into NATO. Although the Committee report for this bill The amendments (Nos. 3510 through the Administration has assured the should not be taken to mean that 3518), en bloc, were agreed to. Congress that consideration of the Bal- membership in NATO by the Baltic Mr. MCCONNELL. Mr. President, I tic nations for membership in NATO states is going to be considered until move to reconsider the vote. would proceed in a deliberate fashion there is a complete debate on the mat- Mr. LEAHY. I move to lay that mo- in consultation with our NATO allies ter, that the Senate’s responsibility for tion on the table. subject to the procedures already es- advice and consent on treaties is in any The motion to lay on the table was tablished, designating military assist- way predetermined in the case of the agreed to. ance to the Baltic nations in accord- Baltic countries. Mr. TORRICELLI. Mr. LEAHY, I know ance with the language contained in Mr. ROBERTS. Thank you, Mr. that you join me in welcoming the the Committee report would cir- President. I would like to add my res- progress that the citizens of Northern cumvent those assurances. I wish to ervations to those of my colleagues. I Ireland and the Republic have made to- advise my colleagues that the alloca- am very concerned about overextend- ward implementing a peace agreement. tion of any military assistance pro- ing our military commitments without I would like to thank you and the vided in this bill to the Baltic nations sufficient resources to handle the addi- members of the Appropriations Com- will not assure their admission into tional tasks we might assume. Enlarg- mittee for the tremendous work you NATO. ing NATO should be a step by step de- have done this year, including funding Mr. President, I recall that during liberate process that should not be cir- the International Fund for Ireland the recent debate on enlarging NATO cumvented in any way. (IFI) at the full amount President Clin- last April, many senators expressed Mr. BINGAMAN. I appreciate the ton requested in FY 1999. At this criti- their concern about extending our mili- supportive words of my colleagues on cal point in time, this Senate, and the tary commitments beyond the limits this important matter of national secu- United States as a whole, must begin which are already straining our ability rity. to study our relationship with North- to meet worldwide contingencies. I be- PRIVILEGE OF THE FLOOR ern Ireland and do our best to ensure lieve that providing military assist- Mr. LEAHY. Mr. President, I ask that peace takes hold in the region. ance to the Baltic nations in order to unanimous consent Joan Wadelton, a Dramatic cuts in the budget, particu- accelerate their membership into State Department fellow on the staff of larly foreign aid, have made this task NATO could lead us into a de facto se- the Committee on Foreign Relations, more challenging. Understanding both curity commitment to that region that be accorded the privilege of the floor the need to support peace in Northern might strain our resources even fur- during the pendency of S. 2334. Ireland and dealing with budget cuts, I ther, and therefore, be harmful to our The PRESIDING OFFICER. Without would like to request your support for national security interests as well as objection, it is so ordered. consideration of adding any additional those of our NATO allies. Many of my The Senator from Kentucky. Mr. MCCONNELL. I know both Sen- funding to the IFI, should it become colleagues here in the Senate as well as ators from New Jersey are anxious to available at a later time. It is impor- the distinguished Dr. Henry Kissinger make a statement on another matter, tant that we consider ways to meet the who testified last spring before the but Senator LEAHY and I now have a fi- needs of the people of Northern Ireland Armed Services Committee question nite list of amendments which we be- and the Republic, and I hope you will our ability to respond effectively to lieve will bring us to final passage. join me in this effort. military contingencies in the Baltic re- Mr. President, I yield the floor. Mr. LEAHY. As a fellow supporter of gion. Several Senators addressed the the peace process in Northern Ireland, In addition, Mr. President, I am very Chair. I want to assure you that, should addi- concerned about the state of relations The PRESIDING OFFICER. The Sen- tional funds become available at a between the United States and Russia ator from New Jersey. later date, we will consider increasing at this vulnerable time in inter- f the amount available to the IFI. national relations. Providing military Mr. D’AMATO. Mr. Chairman, I assistance to the Baltic nations for the CONGRATULATING THE TOMS would like to join my colleague in ex- express reason of accelerating their RIVER EAST AMERICAN LITTLE pressing my support for the work the membership in NATO is likely to exac- LEAGUE TEAM Appropriations Committee has done erbate the uneasy state of our relations Mr. LAUTENBERG. Mr. President, I this year. It is important that we with the current Russian government thank the manager and ranking mem- maintain our strong support for North- as well as many influential Russian ber on the Foreign Operations Sub- ern Ireland and the Republic, and the leaders who oppose that nation’s cur- committee for giving us these few min- funds made available to the IFI in the rent leadership. I do not believe it is in utes of time. This is kind of a happy upcoming fiscal year are a critical our interest to create unnecessarily moment in New Jersey. One of our step. In the wake of the passage of the greater difficulties with Russia than communities, Toms River, has pro- Good Friday Accords, I have been we already have. I believe this provi- duced a special group of young people working with Senator TORRICELLI over sion of the bill as discussed in the Com- who have won the Little League World the past several months to determine a mittee report could cause significant Series. I send a resolution to the desk method that will best express the problems with Russia and unfounded and ask for its immediate consider- United States’ support for peace in expectations among the Baltic nations ation. Northern Ireland. At this point in for whom there is no assured member- The PRESIDING OFFICER. The time, I would like to request your sup- ship in NATO. clerk will report. S9752 CONGRESSIONAL RECORD — SENATE September 1, 1998 The assistant legislative clerk read also must congratulate the parents, the eye damage could have sacrificed as follows: the families and the fans of the team’s the chances of his team. A resolution (S. Res. 268) congratulating players who supported these young Or persistence: Chris Cardone who re- the Toms River East American Little League sluggers through thick and thin. They placed Belostock in the lineup and hit team of Toms River, New Jersey, for winning traveled long distances to root for a game-winning home run, his first in the Little League World Series. their children, and they are truly the 28 games, and only his second hit of the The Senate proceeded to consider the heroes behind the champions. tournament. Or Todd Frazier who not resolution. Mr. President, I am pleased that the only struck out the final Japanese bat- Mr. LAUTENBERG. Mr. President, I entire U.S. Senate will have a chance ter, but who also batted a perfect 4 for rise to introduce that resolution along to join with me and Senator 4 in the game. with my colleague, Senator TORRICELLI in recognizing the accom- Those are all sources of pride, but TORRICELLI, expressing our pride and plishments of not only the Toms River when the game was over and the team our admiration for that very special East American team, but also the came home, there was something that group of youngsters from New Jersey. greater Toms River community. New impressed me even more. Every parent New Jersey has a national philosopher Jersey and the Nation owe a debt of made it very clear that on Monday who dwells in its boundaries. His name gratitude to the ‘‘Beasts from the morning, every superstar of the ‘‘Beasts from the East’’ would be at is Yogi Berra. He is often quoted and I East,’’ their parents, families, friends school promptly and ready for work quote him now. I recall he said, ‘‘It’s and fans for allowing us to celebrate like deja vu all over again.’’ when school resumed. this important achievement. Mr. President, I join my colleagues in For another time, a New Jersey Lit- As Yogi Berra said, ‘‘I’d like to thank congratulating Chris Cardone, Todd tle League team has won the pres- all of those who made this night nec- Frazier, Scott Fisher, Gabe Gardner, tigious Little League World Series essary.’’ Joe Franceschini, Casey Gaynor, Eric championship, a group of exciting With that, I yield the floor. Campesi, R.J. Johansen, Mike youngsters under the age of 12, vigor- Mr. TORRICELLI addressed the Belostock, Brad Frank, Tom Gannon, ous sports figures now. I have seen Chair. Chris Crawford and their coaches, Mike them on television. I understand the The PRESIDING OFFICER. The Sen- Gaynor and Ken Kondek, for a job well 11-year-old pitcher got a request for ator from New Jersey. Mr. TORRICELLI. Mr. President, I done. marriage from an admirer. I don’t Toms River is a town of champions, am very proud to join with my col- think that is what he was striving for, those who were on the field and those league, Senator LAUTENBERG, in offer- but it happened. The honors accorded who were off. For those of us in the ing this resolution of congratulations. this group have been spectacular. Senate and across America who This past Saturday, the Toms River With all the rancor and discord of our watched their achievement with pride, East American Little League team times, it is worth the Senate taking a we are reminded that there are values clinched the honor, defeating Kashima, moment to note that in small towns in our children as quintessentially Japan, by a score of 12 to 9 to win the and cities across America, there are American as baseball itself. Toms 52nd annual Little League World Series values that endure. River, congratulations and well done. Championship. They are affectionately On Saturday, 12 young men, no more Mr. President, I yield the floor. known as ‘‘The Beasts of the East,’’ than 11 and 12 years old, reminded us of The PRESIDING OFFICER. Is there these little guys. They are pretty good. some of those values. They became the further debate? If not, the question is They received a hero’s welcome Sunday first American team in 5 years to win on agreeing to the resolution congratu- upon return home from the five-game the Little League World Series. It is a lating the Toms River East American series in Williamsport, PA, where they process that began a year ago when Little League. defeated teams from Jenison, MI, 7,000 different teams across America The resolution (S. Res. 268) was Cyress, CA, Tampa, FL, and Greenville, and in several other nations began to agreed to. NC, before their final game with Japan. compete for this honor. The culmina- The preamble was agreed to. They are the fourth New Jersey team tion was on Saturday when, by a score The resolution, with its preamble, is in history to win the Little League of 12 to 9, they defeated Kashima, as follows: World Series and the first U.S. team in Japan. S. RES. 268 5 years to win this title. There is no denying the athletic Whereas on Saturday, August 29, 1998, the Toms River East American has prowess of each of the 12 young men Toms River East American Little League brought pride to its community and who produced this victory. An 11- or 12- team defeated Kashima, Japan, by 12 runs to the entire State of New Jersey. They year-old boy to hit a baseball more 9 runs to win the 52d annual Little League join the ranks of the New Jersey teams than 210 feet in repeated home runs is World Series championship; as much an achievement in its own Whereas Toms River East American team from Hammonton, the 1949 Little is the first United States team to win the League champions; Wayne, NJ, the 1970 way as Mark McGwire racing for a Little League World Series championship in champions; and Lakewood, champs in home run title. 5 years, and the fourth New Jersey team in 1975. But in truth, there is more to this history to win Little League’s highest honor; All of the young men on the team de- success than simple athletic prowess. and serve hearty congratulations for an in- Behind each and every one of these Whereas the Toms River East American credible season. I give you their names: young men was a parent, a coach, a team has brought pride and honor to the Mike Belostock, Eric Campesi, Chris teacher, a neighbor, an umpire—some- State of New Jersey and the entire Nation: Now, therefore, be it Cardone, Chris Crawford, Scott Fisher, one who gave something of themselves, Resolved, That the Senate— Brad Frank, Joe Franceschini, Todd not simply to teach an athletic skill, (1) congratulates the Toms River East Frazier, Tom Gannon, Casey Gaynor, but character, values, the qualities of American Little League Team and its loyal Gabe Gardner and R.J. Johansen. determination that are so very Amer- fans on winning the 52d annual Little League These 12 young men are not only fine ican. World Series championship; athletes, but they are also outstanding In this way, each of the 46,000 people (2) recognizes and commends the hard young people. They showed poise and of Toms River were a part of this vic- work, dedication, determination, and com- dignity, and if one saw them in that tory; indeed, in a special sense, so was mitment to excellence of the team’s mem- every American a part of this victory. bers, parents, coaches, and managers; and game on national TV, unparalleled en- (3) recognizes and commends the people of thusiasm under pressure. The lesson learned is that sacrifice Toms River, New Jersey, and the surround- Their manager, Mike Gaynor, and and humility are an essential part of ing area for their outstanding loyalty and coaches, Ken Kondek and Joe victory. How else does one explain a support for the Toms River East American Franceschini, Sr., all volunteers, shep- Mike Belostock who, in a champion- Little League team throughout the team’s herded these youngsters through a 28- ship game at a principal moment of his 28-game season. game season. I commend them for their life, discovers that his eye is scratched Mr. LAUTENBERG. Mr. President, I hard work and their dedication on be- from a contact lens and tells his moth- move to reconsider the vote by which half of Toms River’s children. But I er he has decided not to play because the resolution was agreed to. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9753 Mr. TORRICELLI. I move to lay that The yeas and nays were ordered. now in an international monitoring motion on the table. Mr. SPECTER. Mr. President, as I system, even though the Comprehen- The motion to lay on the table was outlined earlier, my cosponsor is the sive Nuclear Test Ban Treaty might agreed to. distinguished Senator from Delaware, not come into force for some years. Mr. McCONNELL addressed the Senator BIDEN. He has come to the There are two important reasons to Chair. floor. At this time, I yield to him. support this. First, if we do consent to The PRESIDING OFFICER. The Sen- Mr. BIDEN addressed the Chair. U.S. ratification of the treaty, we will ator from Kentucky. The PRESIDING OFFICER (Mr. GOR- want to be able to verify compliance as f TON). The Senator from Delaware. soon as the treaty enters into force. Mr. BIDEN. Mr. President, I will not Any delay in funding the international FOREIGN OPERATIONS, EXPORT take much of the Senate’s time. I monitoring system would translate FINANCING AND RELATED AGEN- think this debate is about the easiest into a delay in achieving the needed CIES APPROPRIATIONS ACT, 1999 debate the Senate can face. There is verification capabilities. Second, the The Senate continued with the con- one simple reason to support the Spec- improved monitoring achieved through sideration of the bill. ter amendment, of which I am a co- new or upgraded sensor sites will con- AMENDMENT NO. 3506 sponsor, and the U.S. contribution to tribute to U.S.—and world—monitoring Mr. McCONNELL. Mr. President, I the Comprehensive Test Ban Treaty capabilities as soon as they are in believe the amendment of the Senator Preparatory Commission. It is real place, not just after the treaty enters from Pennsylvania may be pending. simple. It is in the national security into force. The PRESIDING OFFICER. The Sen- interest of the United States. I reit- U.S. agencies need to monitor pos- ator from Pennsylvania does have the erate what the Senator from Pennsyl- sible nuclear weapons tests worldwide pending amendment. The Senator from vania said. This is true whether or not whether or not we ratify the treaty. Pennsylvania is recognized. you favor the test ban treaty or oppose Even so, opponents of ratification Mr. SPECTER. I thank the Chair. it. should support this funding. What Mr. President, I outlined the purpose Most of the funding requested for the would we do if we were here on the of this amendment earlier today. What Preparatory Commission is to be de- floor and said, ‘‘You know, there’s it does is provide for some $28.9 million voted to capital expenditures on the going to be no test ban treaty. We just of funding for the Comprehensive Test international monitoring system, the want to know what’s going on in the Ban Treaty Preparatory Commission. ability to monitor. Improving our nu- rest of the world. We want to know. There is not a problem with the fund- clear test monitoring capabilities is And guess what? A whole bunch of na- ing coming out of unobligated funds of clearly of benefit to the United tions will join in with us to increase prior years. States—again, whether you are for or the capability of monitoring a test by The Comprehensive Test Ban Treaty against this treaty—as well as to the roughly tenfold, a minimum of fivefold. is pending before the U.S. Senate. Sen- benefit of the world community. And all we have to do is contribute, in ator BIDEN and I had submitted a reso- The recent nuclear weapons tests in this case, one-quarter of the cost’’? lution sponsored by some 36 Senators India and Pakistan are a stark re- Would we conclude not to do that? which called for hearings before the minder of the importance of monitor- Would we sit here and say, ‘‘No, no, no, Foreign Relations Committee and a ing. The international monitoring sys- we don’t want to know; we don’t want vote by the Senate on ratification of tem should improve the seismic mon- to pay 25 percent of the cost to in- the constitutional procedure. itoring of nuclear tests in India and crease our ability to detect testing The matter now pending is somewhat Pakistan by nearly a full order of mag- that is up to 10 times more sensitive different, and that is to provide fund- nitude. That will lower the threshold of than what our capability now is’’? What are we talking about here? I ing for the Preparatory Commission. detectable yields by a factor between 5 mean, what rationale can there pos- The problem with testing, which is and 10, depending on the test-site geol- sibly be? I suspect my friends will say, going on now, has become very acute ogy. ‘‘Well, you know, if we go ahead and do during the course of the past several So if the detection threshold is a this, then we’re on a slippery slope to months—when India initiated nuclear yield of 200 tons today, it would be 20 ratifying that God awful treaty.’’ I to 40 tons a few years from now. Let me testing, followed by Pakistan—those think it is a good treaty, but that is say that again. If the threshold at two countries with all of their con- the best argument you can come up troversy are on the verge of real prob- which we can detect today is 200 tons, with unless you say, ‘‘We don’t want to lems. if this monitoring system is improved, know. We don’t want to know whether I said earlier this morning that when as we fully expect it would be assuming or not a nation is detonating a nuclear Senator Brown and I traveled to India we fund our part, it would reduce that device that is in the 20 to 40 ton range. back in August of 1995 and talked to to be able to detect 20 to 40 tons—but We’re satisfied knowing all they can do Prime Minister Rao, he was interested only if we pay our contribution. is under 200 tons. Once they get above in having the subcontinent nuclear- The international monitoring system that, that is when we’ll pay attention free. Shortly thereafter, we visited will also provide these improved mon- to it.’’ Pakistan and saw their political leader, itoring capabilities in a more cost-ef- Mr. President, in sum, the inter- Prime Minister Benazir Bhutto, who fective manner than we can achieve national monitoring system will make had a similar view, but that situation them unilaterally. Countries other a real contribution to U.S. monitoring has deteriorated materially. than the United States will bear rough- capabilities. That contribution will be In asking for a vote on this matter, it ly 75 percent of the costs. Where I come much less expensive than sustaining is not only to strengthen the position from, that is a pretty good deal. We those sites unilaterally. And it will in conference where we know that on a pay three-quarters less than we would come on line as soon as the equipment voice vote, sometimes the position in have to pay in order to be able to get is installed. conference is not as strong. But, also in 5 times the accuracy in terms of infor- Lest anybody have to be reminded, the absence of the Senate taking up mation, as much as 10 times the resolu- we live in a very dangerous world. The the Treaty, to have a show of support tion we need to know if anybody has proliferation of nuclear weapons is oc- for the Treaty as I think will be re- set off a nuclear test. curring and it is a real risk. It seems to flected at least in part; although, you In addition, some of the improvement me, Mr. President, again, whether or could support this amendment without is literally unattainable through U.S.- not you are for the test ban treaty, the necessarily committing to the Treaty. sponsored monitoring alone, as some of national interests requires these mon- Mr. President, at this time I ask for the international monitoring sites will itoring investments. So I strongly the yeas and nays on the amendment. be in countries that refuse to contrib- urge—strongly urge—all of my col- The PRESIDING OFFICER. Is there a ute to a U.S. unilateral monitoring leagues to support this amendment. sufficient second? system. Mr. President, I yield the floor. There appears to be a sufficient sec- The Preparatory Commission, Mr. Mr. JEFFORDS. Mr. President, the ond. President, is investing—is investing— Senator from Pennsylvania has raised S9754 CONGRESSIONAL RECORD — SENATE September 1, 1998 a very important issue, one that has Mr. MCCONNELL. I thank the Sen- (1) Actions taken by representatives of the not been given sufficient attention by ator. United States, including the United States this body this year—that of the Com- I ask unanimous consent that the Ambassador to the United Nations, to en- prehensive Test Ban Treaty (CTBT). Specter amendment be temporarily set courage the nations of the Western Europe and Others Group (WEOG) to accept Israel Ratification of the CTBT is one of the aside. into their regional bloc; single most important steps the Senate The PRESIDING OFFICER. Without (2) efforts undertaken by the Secretary could take today to improve our na- objection, it is so ordered. General of the United Nations to secure tional security and reduce the future Mr. SMITH of Oregon addressed the Israel’s full and equal participation in that threat of a missile attack. This treaty Chair. body; exists only because the United States The PRESIDING OFFICER. The Sen- (3) specific responses solicited and received made it a priority and put a lot of en- ator from Oregon has the floor. by the Secretary of State from each of the ergy into its formulation. Entry into Mr. SMITH of Oregon. Mr. President, nations of Western Europe and Others Group force of the treaty will now occur only I send two amendments to the desk and (WEOG) on their position concerning Israel’s acceptance into their organization; and if the U.S. Senate engages these issues ask for their immediate consideration. The PRESIDING OFFICER. Are the (4) other measures being undertaken, and directly and begins the ratification de- which will be undertaken, to ensure and pro- bate. I realize that many of my col- amendments offered en bloc? mote Israel’s full and equal participation in leagues do not support the treaty. But Mr. SMITH of Oregon. They are not, the United Nations. Mr. President. They are separate. I think most Senators would agree that Mr. SMITH of Oregon. Mr. President, this is an important debate, one that The PRESIDING OFFICER. Does the Senator from Oregon ask unanimous I rise today to offer an amendment re- should not be allowed to slip off the quiring the Secretary of State to re- Senate’s fall agenda. consent that they be considered to- gether? port on actions taken by our Ambas- The amendment before the Senate sador to the United Nations to push the would fully fund the Administration’s Mr. SMITH of Oregon. I think they need to be considered separately. They nations of the Western Europe and Oth- request for $28.9 million to cover the ers Group to accept Israel into their U.S. contribution to the Comprehen- are on entirely different issues. The PRESIDING OFFICER. Which group. sive Test Ban Preparatory Commis- As you may know, Israel is the only sion. This organization will be respon- amendment does the Senator wish to present to the body at this time? nation among the 185 member states sible for coordinating the efforts of the that does not hold membership in a re- CTBT signatories to monitor compli- Mr. SMITH of Oregon. If the clerk will read the first one before him, I will gional group. Membership in a regional ance with the treaty and seek to pre- group is the prerequisite for any nation vent break-out of the treaty. The orga- proceed with that. AMENDMENT NO. 3520 to serve on key United Nations bodies nization plans to build 171 monitoring such as the Security Council. stations around the world, greatly en- The PRESIDING OFFICER. The clerk will report the first amendment. In order to correct this inequality, I hancing the ability of the U.S. and am introducing ‘‘The Equality for other countries to detect a nuclear ex- The legislative clerk read as follows: The Senator from Oregon [Mr. SMITH], for Israel at the United Nations Act of plosion. 1998.’’ I believe that this legislation Not only is this function critically himself, Mr. THOMAS, Mr. BROWNBACK, Mr. will prompt our United Nations Rep- important to our national security, it ALLARD, Mr. BOND, Mr. GRAMS, Mr. DODD, Mr. SESSIONS, Ms. COLLINS, Mr. WYDEN and resentative to make equality for Israel comes at a bargain price: the U.S. pays Mr. D’AMATO, proposes an amendment num- at the United Nations a high priority. only 25 percent of the cost of the Pre- bered 3520. I am proud to be joined by Senators paratory Commission. The remainder Mr. SMITH of Oregon. Mr. President, BROWNBACK, ALLARD, BOND, GRAMS, is borne by the other signatories to the I ask unanimous consent that reading DODD, SESSIONS, COLLINS, WYDEN, treaty. As we struggle to stretch every of the amendment be dispensed with. D’AMATO and THOMAS as original co- defense dollar a bit further, I don’t The PRESIDING OFFICER. Without sponsors of this important legislation. think we can afford to let this bargain objection, it is so ordered. Mr. President, Israel has been a escape us. The amendment is as follows: Mr. President, I know there are many member of the United Nations since At the appropriate place in the bill, insert obstacles to entry into force of the 1949, yet it has been continuously pre- the following new section, and renumber the cluded from membership in any re- CTBT. And without active, engaged remaining sections accordingly: U.S. leadership, it might never happen. gional bloc. Most member states from SECTION 1. SHORT TITLE. the Middle East would block the vote But we have a lot at stake here, both This section may be cited as the ‘‘Equality for today’s security needs and to pre- for Israel at the United Nations Act of 1998’’. needed to join their own regional group. vent future nuclear weapons threats. It SEC. 2. EFFORT TO PROMOTE FULL EQUALITY AT is much easier to prevent the emer- THE UNITED NATIONS FOR ISRAEL. The Western Europe and Others gence of such threats than it is to pro- (a) CONGRESSIONAL STATEMENT.—It is the Group, however, has accepted countries tect against them once they have been sense of the Congress that— from other geographical areas such as (1) the United States must help promote an the United States and Australia, for developed. I urge my colleagues to sup- end to the inequity experienced by Israel in port this amendment. example. the United Nations whereby Israel is the This year United Nations Secretary The PRESIDING OFFICER. The Sen- only longstanding member of the organiza- ator from Oregon. tion to be denied acceptance into any of the General Kofi Annan announced that Mr. MCCONNELL. Mr. President, United Nations region blocs, which serve as ‘‘It’s time to usher in a new era of rela- would the Senator from Oregon with- the basis for participation in important ac- tions between Israel and the United hold just for a minute? tivities of the United Nations, including ro- Nations * * * One way to rectify that Is the debate completed on the Spec- tating membership on the United Nations new chapter would be to rectify an ter amendment? I was thinking, since Security Council; and anomaly: Israel’s position as the only (2) the United States Ambassador to the Mr. SMITH of Oregon is here—— Member State that is not a member of United Nations should take all steps nec- Mr. SPECTER. Mr. President, I essary to ensure Israel’s acceptance in the one of the regional groups, which thank the distinguished chairman. No Western Europe and Others Group (WEOG) means it has no chance of being elected one has risen to speak in opposition to regional bloc, whose membership includes to serve on main organs such as the Se- the amendment as of this point. And in the non-European countries of Canada, Aus- curity Council or the Economic and So- the event nobody does, I think the de- tralia, and the United States. cial Council. This anomaly would be bate is concluded. The distinguished (b) REPORTS TO CONGRESS.—Not later than corrected.’’ Senator from Delaware spoke; and I 60 days after the date of the enactment of I believe it is time to back Secretary have spoken on two occasions. I think this legislation and on a semiannual basis General Annan’s idea with strong sup- thereafter, the Secretary of State shall sub- the issue is before the body. So, in the mit to the appropriate congressional com- port from the United States Senate and absence of any opposition, I think we mittees a report which includes the follow- I ask all my colleagues to join me in are ready to go to a vote when that is ing information (in classified or unclassified sending this message to the UN to stop convenient for the managers. form as appropriate): this discrimination against Israel. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9755 AMENDMENT NO. 3521 (3) the government of Serbia-Montenegro Kosovo are in great danger as they try Mr. SMITH of Oregon. Mr. President, is fully cooperating with and providing unre- to fulfill their mission of delivering I send an amendment to the desk and stricted access to the International Criminal food, medicine, and other necessities to ask for its immediate consideration. Tribunal for the Former Yugoslavia, includ- the refugee population. The PRESIDING OFFICER. The ing surrendering persons indicted for war crimes who are within the jurisdiction of the In fact, just recently, in a despicable clerk will report. territory of Serbia-Montenegro, and with the act, three aid workers with the Mother The legislative clerk read as follows: investigations concerning the commission of Theresa Society in Kosovo were delib- The Senator from Oregon [Mr. SMITH], for war crimes and crimes against humanity in erately killed by Serbian forces as they himself, Mr. BIDEN, Mr. D’AMATO, and Mr. Kosova. attempted to deliver humanitarian as- JOHNSON, proposes an amendment numbered (4) the government of Serbia-Montenegro sistance to Kosovars that had been dis- 3521. is implementing internal democratic re- placed by the conflict. Fighting has oc- Mr. SMITH of Oregon. Mr. President, forms. curred on the border with Albania, I ask unanimous consent that reading (5) Serbian, Serbian-Montenegrin federal governmental officials, and representatives highlighting the potential for this con- of the amendment be dispensed with. of the ethnic Albanian community in Kosova flict to spread throughout the Balkans, The PRESIDING OFFICER. Without have agreed on, signed, and begun implemen- and even involve Greece and Turkey, objection, it is so ordered. tation of a negotiated settlement on the fu- two of our NATO allies. The amendment is as follows: ture status of Kosova. Mr. President, I lay the blame of this At the appropriate place, add the follow- (d) STATEMENT OF POLICY.—It is the sense disaster on the shoulders of one man: ing: of the Congress that the United States Slobodan Milosevic. Mr. Milosevic, cur- should not restore full diplomatic relations SEC. . SANCTION AGAINST SERBIA-MONTENE- rently President of the Federal Repub- GRO. with Serbia-Montenegro until the President (a) CONTINUATION OF EXECUTIVE BRANCH submits to the Committees on Appropria- lic of Yugoslavia, rose to power in 1989 SANCTIONS.—The sanctions listed in sub- tions and Foreign Relations in the Senate by exploiting and manipulating Ser- section (b) shall remain in effect until Janu- and the Committees on Appropriations and bian nationalism in Kosovo—a process ary 1, 2000, unless the President submits to International Relations in the House of Rep- that led directly to the horrific war in the Committees on Appropriations and For- resentatives the certification described in Bosnia and resulted in the death of eign Relations in the Senate and the Com- subsection (c). tens of thousands of Bosnians of all mittees on Appropriations and International (e) EXEMPTION OF MONTENEGRO.—The sanc- tions described in subsection (b)(1) should ethnic groups. In his desperate effort to Relations of the House of Representatives a hold onto power, Milosevic has re- certification described in subsection (c). not apply to the Government of Montenegro. (b) APPLICABLE SANCTIONS.— (f) DEFINITION.—The term ‘‘international verted to his old tricks: he is using the (1) The Secretary of the Treasury shall in- financial institution’’ includes the Inter- status of Kosovo—a province which is struct the United States executive directors national Monetary Fund, the International overwhelmingly populated by ethnic of the international financial institutions to Bank for Reconstruction and Development, Albanians—to consolidate and perpet- work in opposition to, and vote against, any the International Development Association, uate his authority and position. extension by such institutions of any finan- the International Finance Corporation, the The six-nation Contact Group Multilateral Investment Guaranty Agency, cial or technical assistance or grants of any charged with monitoring events in the kind to the government of Serbia-Montene- and the European Bank for Reconstruction gro. and Development. former Yugoslavia has issued various (2) The Secretary of State should instruct (g) WAIVER AUTHORITY.— sets of demands since the crisis began the United States Ambassador to the Organi- (1) The President may waive the applica- in February—demands which Milosevic zation for Security and Cooperation in Eu- tion in whole or in part, of any sanction de- repeatedly ignores. I am aware of the rope (OSCE) to block any consensus to allow scribed in subsection (b) if the President cer- diplomatic effort underway to start the the participation of Serbia-Montenegro in tifies to the Congress that the President has process of negotiating a settlement. determined that the waiver is necessary to the OSCE or any organization affiliated with Yet no solution will endure that does the OSCE. meet emergency humanitarian needs or to (3) The Secretary of State should instruct achieve a negotiated settlement of the con- not guarantee the Albanians in Kosovo the United States Representative to the flict in Kosova that is acceptable to the par- their full political rights and civil lib- United Nations to vote against any resolu- ties. erties. tion in the United Nations Security Council (2) Such a waiver may only be effective Mr. President, for several years, the to admit Serbia-Montenegro to the Untied upon certification by the President to Con- Clinton Administration has maintained Nations or any organization affiliated with gress that the United States has transferred a policy of upholding the so-called the United Nations, to veto any resolution to and will continue to transfer (subject to ade- ‘‘outer wall’’ of sanctions against the allow Serbia-Montenegro to assume the quate protection of intelligence sources and methods) to the International Criminal Tri- Federal Republic of Yugoslavia. The United Nations’ membership of the former FRY is what remains of socialist Yugo- Socialist Federal Republic of Yugoslavia, bunal for the former Yugoslavia all informa- and to take action to prevent Serbia-Mon- tion it has collected in support of an indict- slavia, and consists of two republics, tenegro from assuming the seat formerly oc- ment and trial of President Slobodan Serbia and Montenegro. cupied by the Socialist Federal Republic of Milosevic for war crimes, crimes against hu- The outer wall denies United States’ Yugoslavia. manity, or genocide. support of FRY membership in inter- (4) The Secretary of State should instruct (3) In the event of a waiver, within seven national organizations. It denies the United States Permanent Representative days the President must report the basis United States’ support for FRY access on the Council of the North Atlantic Treaty upon which the waiver was made to the Se- lect Committee on Intelligence and the Com- to economic assistance provided by Organization to oppose the extension of the international financial institutions. Partnership for Peace program or any other mittee on Foreign Relations in the Senate, organization affiliated with NATO to Serbia- and the Permanent Select Committee on In- And the outer wall withholds full Montenegro. telligence and the Committee on Inter- United States diplomatic relations (5) The Secretary of State should instruct national Relations in the House of Rep- with the FRY. the United States Representatives to the resentatives. The Administration has stated that Southeast European Cooperative Initiative Mr. SMITH of Oregon. Mr. President, the FRY and Mr. Milosevic must fulfill (SECI) to oppose and to work to prevent the we have all watched the events in five conditions before the outer wall of extension of SECI membership to Serbia- Kosovo with alarm and distress over sanctions is lifted. The amendment Montenegro. the past several months. The situation that we have before us today requires (c) CERTIFICATION.—A certification de- scribed in this subsection is a certification on the ground continues to deteriorate the President to certify these five con- that— and no progress has been made on a ne- ditions are met before any action is (1) the representatives of the successor gotiated solution to the conflict. taken to lift or to weaken the outer states to the Socialist Federal Republic of Serb paramilitary groups and Yugo- wall. Yugoslavia have successfully negotiated the slav army units are conducting These five conditions as laid out by division of assets and liabilities and all other offensives in Kosovo that have the ef- senior officials of the Clinton Adminis- succession issues following the dissolution of fect of driving tens of thousands of tration are as follows. First, all succes- the Socialist Federal Republic of Yugoslavia. (2) the government of Serbia-Montenegro Kosovar Albanians from their homes. sion issues due to the break-up of the is fully complying with its obligations as a Innocent civilians have been killed. Socialist Federal Republic of Yugo- signatory to the General Framework Agree- Villages throughout the province have slavia—in particular, the division of as- ment for Peace in Bosnia and Herzegovina. been razed. Humanitarian workers in sets and liabilities—must be resolved S9756 CONGRESSIONAL RECORD — SENATE September 1, 1998 with the other republics that emerged hibits the FRY from joining inter- Fourth, the U.S. is to oppose the ex- from the dissolution of that country. national organizations, such as the tension of the Partnership for Peace Second, the FRY must comply with all United Nations and the Organization program to Serbia-Montenegro. of its obligations as a signatory of the for Security and Cooperation in Eu- Fifth, the U.S. is to oppose the exten- Dayton Accords. Third, the FRY must rope, and prohibits the FRY from gain- sion of membership in the Southeast cooperate with the War Crimes Tribu- ing access to assistance from inter- European Cooperative Initiative to nal that is investigating and prosecut- national financial institutions until Serbia-Montenegro. ing war criminals in the former Yugo- each of these five conditions are met. How might Milosevic avoid these slavia. Fourth, the FRY must make What we are asking for is responsible sanctions? substantial progress in implementing behavior. Before lifting the outer wall The amendment would drop these democratic reforms. And finally, the of sanctions—which in effect is a re- sanctions if the President certifies that FRY must make progress in resolving ward for Serbia—we should expect Serbia-Montenegro has taken five the situation in Kosovo. nothing less. steps. When discussing ‘‘progress’’ in I urge my colleagues to support this First, Serbian representatives must Kosovo, I want to emphasize that amendment. be negotiating in good faith with the progress does not mean the end of the Mr. President, I understand that other successor states of the former Serbian policy of ethnic cleansing in these amendments may be accepted by Yugoslavia on the division of assets Kosovo. Nor does it mean Serbian para- the managers of the bill. So I will not and liabilities and other succession military forces ceasing their oper- ask for the yeas and nays. issues. ations directed at civilians in Kosovo. Several Senators addressed the Second, the government of Serbia- That is not progress. Progress is a ne- Chair. Montenegro must be complying fully gotiated settlement that allows ethnic The PRESIDING OFFICER. The Sen- with its obligations as a signatory to Albanians to exercise their political ator from Kentucky. the Dayton Accords. Mr. MCCONNELL. Mr. President, the rights. Third, the government of Serbia- Let me be clear: the problem here is Smith amendments are cleared on both Montenegro must be cooperating fully Mr. Milosevic, not the Serbian people. sides. with, and providing unrestricted access The PRESIDING OFFICER. Is there The Serbian people must not be blamed to, the International Criminal Tribunal further debate? for the irrational policies promoted by for the former Yugoslavia. Mr. BIDEN addressed the Chair. Fourth, the government of Serbia- Milosevic. I want to be helpful to those The PRESIDING OFFICER. The Sen- in Serbia who are courageously oppos- Montenegro must be implementing in- ator from Delaware is recognized. ternal democratic reforms, including ing the detrimental policies pro- Mr. BIDEN. Mr. President, I will not pounded by him. These individuals are progress in the rule of law and inde- take any more of the Senate’s time. I pendent media. In this regard it is trying to establish independent media learned a long time ago from a former that will provide unbiased reporting to worth noting that the government of chairman named Russell Long that the Republic of Montenegro is already the Serbian people; they are working when you are about to accept some- to strengthen the democratic opposi- in compliance. thing, let it be accepted. Fifth, the government of Serbia-Mon- tion, small though it is, to Milosevic’s I rise to cosponsor an amendment stronghold on power; they are trying to tenegro must meet the requirements that codifies the so-called outer wall of on Kosovo enumerated elsewhere in develop a civil society based on the sanctions on the government of Serbia- rule of law. They need our help—and this Act. Montenegro. Mr. President, Slobodan Milosevic they deserve our help. Mr. President, as we know, for the But Mr. Milosevic—and the Serbian has jerked this country around long last decade Slobodan Milosevic has enough. This amendment makes clear people—must understand that pursued his mad dream of a Greater Milosevic either needs to comply with to him what he has to do in order to Serbia. The result has been hundreds of have the outer wall of sanctions re- the five conditions laid out by the Ad- thousands dead, millions made home- ministration or his country will con- moved. less, and centuries-old Serbian culture The ball is squarely in his court. tinue to be isolated into the next cen- eradicated from sections of the former I urge my colleagues to vote for this tury. Yugoslavia. amendment. Before continuing, Mr. President, I And Milosevic is continuing his mur- I thank the Chair and yield the floor. must take note of the positive develop- derous policies in Kosovo, while play- Mr. President, I compliment my ments that have occurred this year in ing games with us in Bosnia and frus- friend from Oregon in leading the way Montenegro, Serbia’s partner in the trating democratic reforms in Serbia. on this. I think the balance here is FRY. Montenegro has made great The amendment that Senator SMITH, real. I think it is very important. I strides in implementing necessary re- Senator D’AMATO, Senator JOHNSON, think it is totally consistent with the forms to make the transition from a and I are proposing codifies five cat- direction we have been going in the socialist state with a centrally planned egories of sanctions. way the Senate should act relevant to economy to a free market democracy. First, the Secretary of the Treasury the sanctions and the exceptions we Events in Montenegro prove that de- is to instruct the U.S. executive direc- grant the President for other reasons mocracy can take root and flourish in tors of the international financial in- relating to other than that very high the FRY, but requires leaders that are stitutions to work in opposition to and bar of the national security test. committed to a pluralistic, multi-eth- vote against, any extension by these I compliment him. I thank him for nic state. It is in our interests to sup- institutions of any financial or tech- the modification. port Montenegrin President nical assistance or grants of any kind I yield the floor. Djukanovic in his effort to consolidate to the government of Serbia. The PRESIDING OFFICER. Is there and accelerate the democratic reform Montenegro’s reformist government is further debate on the amendments of process. Though Mr. Milosevic has exempted from these sanctions. the Senator from Oregon? made every attempt to frustrate Presi- Second, the Secretary of State is to Does the Senator from Oregon wish dent Djukanovic’s efforts, the Mon- instruct the U.S. Ambassador to the them to be voted on en bloc? tenegrin people have spoken—and their OSCE—the Organization for Security Mr. SMITH of Oregon. Yes. Mr. Presi- choice is democracy. and Cooperation in Europe—not to join dent, I would make that request. Mr. President, the amendment we any consensus to allow the participa- The PRESIDING OFFICER. If there have before us clearly states exactly tion of Serbia-Montenegro in the is no further debate, the question is on what Mr. Milosevic needs to do for his OSCE. agreeing to the two amendments of the country to join the family of Western Third, the Secretary of State is to in- Senator from Oregon. nations. This is not a secret to him. It struct the Representative to the The amendments (No. 3520 and No. has been the position of this Adminis- United Nations to vote against any res- 3521) were agreed to. tration for several years. What is new, olution in the U.N. Security Council to Mr. MCCONNELL. Mr. President, I however, is that this amendment pro- admit Serbia-Montenegro to the U.N. move to reconsider the vote. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9757 Mr. SMITH of Oregon. I move to lay retary Rubin, who reiterated the im- A recent National Security Blue- that motion on the table. portance of immediate action on this print, issued by President Boris Yeltsin The motion to lay on the table was legislation. There is no end in sight to on December 17, 1997, is a remarkable agreed to. the Asian financial crisis, which began document. It is a 14,500-word assess- The PRESIDING OFFICER. The Sen- more than a year ago in Thailand. The ment of Russian national security pub- ator from Kentucky. President today is in Russia, which is lished openly in an official paper. It ac- Mr. MCCONNELL. Mr. President, I on the brink of financial collapse. knowledges the ethnic tensions which thought we were ready for a finite list These events, particularly those in exist in Russia and notes how the weak of amendments, but apparently we are Russia in recent days, ought to con- economy exacerbates those forces. It not. The Senator from Oklahoma has vince us that this is not the time to states: been waiting patiently for a couple of put into jeopardy the IMF as an active The critical state of the economy is the hours. The Senator from New York participant in world financial matters. main cause of the emergence of a threat to also would like to make just a brief It is true that the Russian economy the Russian Federation’s national security. comment on the IMF provision. I know is small. As pointed out in Saturday’s This is manifested in the substantial reduc- that the Senator from Idaho has brief New York Times, the drop last week in tion in production, the decline in investment comments to make as well. I wonder if the value of stocks on the Tokyo Stock and innovation, the destruction of scientific it is all right with the Senator from Exchange—some $241 billion—was and technical potential, the stagnation of Oklahoma, since his amendment is roughly the size of the entire annual the agrarian sector, the disarray of the mon- going to be a contentious amendment, output of the Russian economy at etary and payments system, the reduction in the income side of the federal budget, and if we dispose of comments of the Sen- present exchange rates. Western Eu- the growth of the state debt. ator from New York and the Senator rope’s exports to Russia account for It goes on to warn: from Idaho, which I understand are well under 0.4 percent of their GDP. going to be quite brief. And for the United States, the amount The negative processes in the economy ex- acerbate the centrifugal tendencies of Rus- Mr. INHOFE. I have no objection. is minuscule. Total U.S. exports to Mr. MOYNIHAN addressed the Chair. sian Federation components and lead to the Russia in 1997 reached $3.4 billion, a growth of the threat of violation of the coun- The PRESIDING OFFICER. The Sen- mere 0.04 percent of our GDP. try’s territorial integrity and the unity of ator from New York. But it would be a serious mistake to its legal area. Mr. MOYNIHAN. Mr. President, may minimize the potential impact of the The ethnic egotism, ethnocentrism, and I thank the distinguished manager of current crisis in Russia. As The Finan- chauvinism that are displayed in the activi- the legislation and my colleague and cial Times pointed out last weekend, in ties of a number of ethnic social formations friend from Oklahoma for his courtesy. its August 29–30, 1998 issue, help to increase national separatism and cre- Mr. President, the Foreign Oper- ate favorable conditions for the emergence of Events in Moscow have moved with bewil- conflict in this sphere. ations Appropriations bill before us ad- dering speed. The rouble and stock market dresses a matter of the utmost ur- are plunging, and there is a run on the (Emphasis supplied.) gency: the need to replenish the re- banks. Most of the reformers seem to be out Mr. President, the IMF, with its em- sources of the International Monetary of the government, replaced by politicians phasis on economic reform, has a role Fund. who can be relied on only to set policies to to play here. Now is not the time to Title VI of the bill provides $14.5 bil- meet the desires of Russia’s oligarchs. . . . call into question the United States’ However, it is already clear that the impact lion—the amount of the United States’ commitment to that institution. We quota increase—which will augment of this crisis will be greatly disproportionate to Russia’s size. At worst, the crisis could can debate whether the amounts pro- the general funds available to the IMF. trigger a new round of contagion, sending vided in this bill will be enough. In- The need for this measure is undeni- western stock markets crashing, and the deed, a persuasive article in this morn- able: the Fund’s resources have been world into recession . . . ing’s Washington Post by Susan Eisen- seriously depleted as a result of the And yet, the economic consequences of hower, chairman of the Center for Po- Asian financial crisis—specifically, the the current turmoil in Russia are not litical and Strategic Studies here in $36.1 billion in assistance committed to nearly as serious as the potential polit- Washington, states: Indonesia, Thailand, and Korea—and ical consequences, which may have pro- Simply put: The IMF multiyear ‘‘bailouts’’ now nearly drained by ominous devel- found implications for the people of were enough to obligate Russia to implement opments in Russia. Not to mention the Russia—and indeed for the entire globe Western-designed programs, but not enough potential ‘‘contagion’’ effect. The bill in this nuclear age. to do the job. Total Western assistance to also approves the United States’ $3.36 For instance, Dr. Murray Feshbach, Russia has been a fraction of what West Ger- billion contribution to the New Ar- who warned so presciently in the early many has spent in East Germany since unifi- rangements to Borrow—a new fund 1980s about the troubles afflicting the cation. that will provide additional resources Soviet Union, continues to document It may be time for us to concede that to respond to financial crises of such frightening Russian public health prob- the situation in Russia merits a much consequence that they threaten the lems. The life expectancy of Russian more aggressive assistance program, on stability of the international monetary men dropped from 62 years in 1989 to 57 the order of the Marshall Plan that was system. Unfortunately, we have en- years in 1996. There is no historical so effective in reviving Western Eu- tered a period in which crises of such equivalent. It has increased slightly in rope. Fifty years ago, from 1948–1952, magnitude are upon us. the last year, but remains at appalling the United States gave about $3 billion Action on the IMF funding request is levels. A century ago, a 16 year-old a year to fund the Marshall Plan. A surely overdue. The President sought Russian male had a 56 percent chance comparable contribution in round num- these funds in his requested supple- of surviving to age 60. In 1996, a 16 year- bers, given the current size of the mental appropriation for Fiscal Year old Russian male had only a 54 percent United States economy, would be about 1998. The Senate readily agreed, ap- chance of surviving to age 60. Two per- $100 billion a year for five years. And proving the IMF funding amendment cent less than he would have had he yet, the United States’ total bilateral offered by the distinguished floor man- been born a century earlier! assistance to Russia in the five-year ager, the Senator from Kentucky, by a The military is not spared the prob- period from fiscal years 1992 through resounding vote of 84–16. That was on lems afflicting the Russian economy or 1996 was merely $3.1 billion. March 26. Regrettably and incompre- the health of its citizens. Last month, Certainly the 20,000 nuclear weapons hensibly, the measure was then an army major in central Russia took in Russia’s hands ought to persuade us dropped in conference at the urging of to the streets with a tank to protest that a more serious approach to Rus- the House. It is now more than five the failure to pay wages. The first rule sia’s economic problems is required. months later, with no action by the of government is pay the army. Rus- Without question, the first order of other body, and global financial mar- sian soldiers are reduced to begging for business must be the passage of this kets are in yet more precarious posi- food. The decrepit state of the military legislation, to secure funding for the tions. leaves Russia, for the most part, IMF. And after that, we ought to begin I spoke this morning with our es- undefended. Except, Sir, for nuclear a serious debate on what more can and teemed Secretary of the Treasury, Sec- weapons, of which it has over 20,000. should to be done. S9758 CONGRESSIONAL RECORD — SENATE September 1, 1998 Mr. President, I thank the Chair. I Mr. President, I thank the chairman sonnel Mines and on Their Destruction as yield the floor. and the ranking member again for soon as practicable. Mr. KEMPTHORNE addressed the working with me on this particular My amendment merely agrees to that Chair. language which is critically important language but adds, provided ‘‘the Joint The PRESIDING OFFICER. The Sen- to the semiconductor industry. Senator Chiefs of Staff and the unified combat- ator from Idaho. CRAIG and I have met with a number of ant commanders certify in writing to Mr. KEMPTHORNE. Mr. President, individuals from the U.S. Treasury, in- the Committee on Armed Services of thank you, very much. May I also cluding the Secretary of Treasury, the Senate and the Committee on Na- thank the Senator from Oklahoma for Robert Rubin, prior to his trip to Asia. tional Security of the House of Rep- his patience. He has an amendment to I believe that he delivered a very resentatives that’’ such a step ‘‘is con- offer. strong message to the countries in sistent with the combat requirements I rise to thank the chairman, the Asia. and safety of the armed forces of the Senator from Kentucky, and the rank- As we have talked about the semi- United States.’’ ing member, the Senator from Ver- conductor business, the transparency So essentially what we are doing is mont, for his help on two amendments issue of the International Monetary saying that we agree that the language which I placed in this foreign ops bill, Fund, as well as agriculture, they are is—even though I would prefer the lan- and also some very important language all linked together because when we guage not be in there, the language re- that they worked out with me with re- met with a number of the national ag gard to the IMF. main in there, but it be qualified. I am By way of explanation, the amend- commodity groups, they all said there always a little bit confused and dis- ments require U.S. directors of inter- is a crisis that exists in agriculture turbed when I see the qualifier ‘‘as national institutions (such as the IMF today, and one of the elements that practicable.’’ I don’t know what ‘‘as and Agency for International Develop- they stressed that was important was practicable’’ means, and so I think this ment, AID) to use the voice and vote of to see the recovery of economies actually would improve the language the United States to encourage pur- around the world, certainly in Asia so that was put in by the Senator from chase of American products, commod- that those markets, again, are avail- Vermont giving some qualifications. ities and equipment. This legislation able to U.S. agricultural commodities. I think also that the Senator from So, again, I thank the Senator from requires that our directors of inter- Vermont has a lot of passion on this Kentucky for his great help and leader- national organizations use their influ- issue. I certainly understand that. ship on this issue. ence to encourage purchase of U.S. ag When I was a freshman, I was seated up Mr. MCCONNELL. Mr. President, I, commodities. there where the President is seated The amendments also require the too, thank and congratulate the Sen- right now and listened to his comments Secretary of the Treasury to report to ator from Idaho for his amendments for about an hour. I know his concern Congress annually on the efforts of the and his good work in this regard. comes from the heart. I think he is also Now, the long-suffering Senator from heads of federal agencies and the U.S. equally concerned about the safety of executive directors of international fi- Oklahoma is next. troops deployed overseas, thousands of The PRESIDING OFFICER. The Sen- nancial institutions to promote the troops in South Korea and troops all ator from Oklahoma. purchase of American commodities. We around the world. Mr. INHOFE. I thank the Chair. I can’t just tell these directors to pro- A statement that was made by the thank the distinguished Senator for mote our products, we must also have Senator from Vermont, referring to the yielding. some accountability, so we can encour- Ottawa Treaty, was: I think we can get age and see the results of U.S. agricul- AMENDMENT NO. 3366 to it sooner, and I and others will be tural commodities actually being pur- (Purpose: To require a certification that the pushing to do so. So I think there is chased. signing of the Landmine Convention is going to be an ongoing effort to get to This is strong, unambiguous lan- consistent with the combat requirements this treaty sooner than some of us and safety of the armed forces of the guage. The concept and language of United States) would want to do that. this amendment affecting surplus com- Mr. INHOFE. I send an amendment The fact is that our senior military modities should be applied to the to the desk and ask for its immediate commanders, both those currently in equally important issue that funds consideration. uniform and many of those now in re- made available through this bill should The PRESIDING OFFICER. The tirement, have already put us on no- purchase American agricultural prod- clerk will report. tice: The U.S. military requires the ucts. The legislative clerk read as follows: ability to make responsible use of self- If we are going to ask American destructing APLs. This is particularly farmers and ranchers to pay their taxes The Senator from Oklahoma [Mr. INHOFE] proposes an amendment numbered 3366. true in those situations where Amer- to support the financial assistance pro- ican forces are forced to operate in hos- Mr. INHOFE. Mr. President, I ask vided in this bill, then we should ask tile territory, often severely out- unanimous consent that reading of the their American representatives in numbered. The alternative to the re- amendment be dispensed with. these international financial institu- sponsible use of antipersonnel land- The PRESIDING OFFICER. Without tions to urge the purchase of American mines is to have their positions over- objection, it is so ordered. agriculture commodities with the run, to beachhead loss and heavy cas- The amendment is as follows: funds made available with this bill. ualty loss unnecessarily sustained. The foreign operations bill also at- On page 82, line 16, after the end period in- So, Mr. President, here is what every tempts to increase exports of American sert: ‘‘This subsection shall not apply unless the Joint Chiefs of Staff and the unified com- Member of the Joint Chiefs of Staff and products and also seeks to make sure every one of the unified combatant that the International Monetary Fund batant commanders certify in writing to the Committee on Armed Services of the Senate commanders wrote last year, and I am will not subsidize the foreign semi- and the Committee on National Security of quoting right now. conductor industry to the detriment of the House of Representatives that the sign- American semiconductor companies. Self-destructing landmines are particu- ing of the Convention is consistent with the larly important to the protection of early Specifically, the provisions require the combat requirements and safety of the entry and light forces which must be pre- Secretary of Treasury to certify to armed forces of the United States.’’. pared to fight outnumbered during the ini- Congress that no IMF resources will Mr. INHOFE. There is some language tial stages of deployment. The lives of our support semiconductor and other key that was put on this bill by the very sons and daughters should be given the high- industries in any form, and that the distinguished Senator from Vermont. I est priority when deciding whether or not to Secretary of the Treasury will instruct will read that language to you. The ban unilaterally the use of self-destructing APLs. the U.S. Executive Director of the IMF language states: to use the voice and vote of the United Statement of Policy. It is the policy of the I ask unanimous consent to have the States to oppose disbursement of fur- United States Government to sign the Con- full text of this extraordinary letter ther funds if such certification is not vention on the Prohibition of the Use, Stock- dated July 10 of 1997 printed in the given. piling, Production and Transfer of Anti-Per- RECORD. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9759 There being no objection, the letter lantic Command; James L. Jamerson, ment,’’ encouraging terminology for was ordered to be printed in the General, USAF, U.S. Deputy Com- parents of all young marines who are RECORD, as follows: mander in Chief, Europe; Henry H. so listed—the idea that they are the Shelton, General, U.S. Army, Com- ones who go first into combat carrying THE JOINT CHIEFS OF STAFF, mander in Chief, U.S. Special Oper- Washington, DC, July 10, 1997. ations Command; Howell M. Estes, III, a gun with others behind them to pick Hon. STROM THURMOND, General, USAF, Commander in Chief, up the guns, the weapons, and so on, if Chairman, Senate Armed Services Committee, NORAD/USSPACECOM; Walter Kross, the first one falls, which in this in- U.S. Senate, Washington, DC. General, USAF, Commander in Chief, stance would have been our son. DEAR MR. CHAIRMAN: We are seriously con- U.S. Transportation Command. Now, we are fortunate the war ended cerned about the new legislative proposal to John M. Shalikashvili, Chairman of the permanently restrict the use of funds for new so quickly that neither he nor the oth- Joint Chiefs of Staff; Jay L. Johnson, deployment of antipersonnel landmines ers in his unit ended up in harm’s way. Admiral, U.S. Navy, Chief of Naval Op- (APL) commencing January 1, 2000. Passing But I have to assume he may be called erations; C.C. Krulak, General, U.S. this bill into law will unnecessarily endanger up again. And as a parent and a U.S. Marine Corps, Commandant of the Ma- U.S. military forces and significantly re- rine Corps; J.H. Binford Peay, III, Gen- Senator, the last thing in the world I strict the ability to conduct combat oper- eral, U.S. Army, Commander in Chief, want to do is anything that increases ations successfully. As the FY 1998 Defense U.S. Central Command; J.W. Prueher, the threat to our own troops or that in Authorization Bill and other related legisla- Admiral, U.S. Navy, Commander in any way diminishes our ability to de- tion are considered, your support is needed Chief, U.S. Pacific Command; Wesley for the Service members whose lives may de- fend ourselves. K. Clark, General, U.S. Army, Com- pend on the force protection afforded by such But having said that, I am also mander in Chief, U.S. Southern Com- landmines. struck by the number of generals, the mand; Eugene E. Habiger, General, We share the world’s concern about the number of combat leaders, including USAF, Commander in Chief, U.S. Stra- growing humanitarian problem related to tegic Command; John H. Tilelli, Jr., the retired commander in chief in the indiscriminate and irresponsible use of a General, U.S. Army, Commander in Korea, including the former supreme lawful weapon, non-self-destructing APL. In Chief, United Nations Command/Com- allied commander of NATO in Europe, fact we have banned non-self-destructing bined Forces Command. including a number of others who have [dumb] APL, except for Korea. We support the President’s APL policy which has started Mr. INHOFE. As I said, I don’t want called for such a ban on landmines be- us on the road to ending our reliance on any to change the language. I don’t think I cause it has become such a double- anti-personnel landmines. Having taken a want to change the intent of the lan- edged sword, aside from the fact that great step toward the elimination of APL, guage of the Senator from Vermont, most people who are killed by land- we must at this time, retain the use of self- but nonetheless this does put language mines today are civilians, not combat- destructing APL in order to minimize the in there that would take our troops out ants. risk to U.S. soldiers and marines in combat. The United States was the first Na- However, we are ready to ban all APL when from harm’s way. I know that the Senator from Ver- tion in the world to actually pass land- the major producers and suppliers ban theirs mine ban legislation, legislation that or when an alternative is available. mont has some comments to make per- Landmines are a ‘‘combat multiplier’’ for haps in opposition to this amendment. banned the export of landmines from U.S. land forces, especially since the dra- The PRESIDING OFFICER. The Sen- this country, something hotly con- matic reduction of the force structure. Self- ator from Vermont. tested in this Chamber. And in a roll- destructing landmines greatly enhance the Mr. LEAHY. Mr. President, I thought call vote, 100 Senators voted for that ability to shape the battlefield, protect unit the Senator was going to be speaking amendment, voted for the Leahy law, flanks, and maximize the effects of other longer. and it became law—100 U.S. Senators weapons systems. Self-destructing landmines Mr. President, I would like to read across the political spectrum. In fact, are particularly important to the protection of early entry and light forces, which must what is in the bill. It says: many have said that that legislation be prepared to fight outnumbered during the It is the policy of the U.S. Government to was the trigger that got us to where we initial stages of a deployment. sign the Convention on the Prohibition of are today, where 129 nations have This legislation, in its current form, does the Use, Stockpiling, Production and Trans- signed the Ottawa Treaty. not differentiate between non-self-destruct- fer of Anti-Personnel Mines and on Their De- We expect 40 ratifications by next ing and self-destructing APL. Banning new struction as soon as practicable. month. That is the fastest that any deployments of APL will prevent use of most That is a convention that has now international humanitarian law or modern U.S. remotely delivered landmine been signed by some 129 nations, in- arms control treaty has ever in history systems to protect U.S. forces. This includes cluding every one of our NATO allies prohibiting use of most antitank landmine come into force. I think that shows the systems because they have APL embedded except Turkey and every other Western tremendous international support and during production. Self-destructing APL are Hemisphere country except Cuba. It momentum for this treaty and for the essential to prevent rapid breaching of anti- says we will sign it as soon as prac- end to the endless slaughter of inno- tank mines by the enemy. These concerns ticable. It does not set a deadline. cent people by landmines. were reported to you in the recent ‘‘Chair- Other nations far less powerful than Now, the United States has not man of the Joint Chiefs of Staff Report to the United States have said they can signed it, and even if the United States Congress on the Effects of a Moratorium sign it, but we have not signed it. We does sign it, even if the United States Concerning Use by Armed Forces of APL.’’ have said that even though we are the does sign it, it then has to come to the Also of concern is that the bill’s definition of an APL jeopardizes use of other munitions most powerful nation history has ever Senate where two-thirds of the Sen- essential to CINC warplanes. known, we are not powerful enough to ators present and voting have to vote We request that you critically review the sign the anti-landmine treaty, but we to approve such a treaty before the new APL legislation and take appropriate wish other nations would. And we have President can ratify it. The President action to ensure maximum protection for encouraged other nations to give up of the United States cannot ratify such our soldiers and marines who carry out na- their landmines, in laudatory fashion— a treaty unless two-thirds of the Sen- tional security policy at grave personal risk. nations nowhere near as powerful as ators present and voting vote to allow Until the United States has a capable re- placement for self-destructing APL, maxi- we, nations that face a lot more him to ratify it. And actually, if we mum flexibility and warfighting capability threats on their borders than we. did, he still doesn’t have to ratify it for American combat commanders must be Mr. President, I happen to disagree but, of course, would. preserved. The lives of our sons and daugh- with the President of the United States Mr. President, even though a major- ters should be given the highest priority in that regard. I do agree with my ity of the Senators in this body have when deciding whether or not to ban unilat- friend from Oklahoma that both he and signed legislation, cosponsored legisla- erally the use of self-destructing APL. I are concerned about the men and tion that would ban United States use Sincerely, women that we send into combat. My of anti-personnel mines except in Joseph W. Ralston, Vice Chairman of the son is a marine. He is a rifleman in the Korea, in an attempt to work closely Joint Chiefs of Staff; Dennis J. Reimer, General, U.S. Army, Chief of Staff; Marine Corps. When he was called up with the Department of Defense, the Ronald R. Fogleman, General, USAF, for Desert Storm, his MOL was carry Joint Chiefs of Staff and particularly Chief of Staff; J.J. Sheehan, General, the SAW, light machine gun, and he General Ralston for whom I have im- USMC, Commander in Chief, U.S. At- was listed as a ‘‘casualty replace- measurable respect, the President of S9760 CONGRESSIONAL RECORD — SENATE September 1, 1998 the United States, the Secretary of De- Mr. President, I will have more to I think some of the same language fense, and the National Security Ad- say and I suggest the absence of a was used by our Commander in Chief viser, I worked hard to agree on an ap- quorum. when the President said, it was a year proach that was acceptable to every- I withhold that, Mr. President, if the ago this month I believe, Mr. Presi- one. The language in this bill, which Senator from Oklahoma wishes to dent, he said: the Senator from Oklahoma wants to speak. I withhold the suggestion of the As Commander in Chief, I will not send our modify, is consistent with that agree- absence of a quorum. soldiers to defend the freedom of our people ment. My language simply says it is Mr. INHOFE. I thank the Senator and the freedom of others without doing ev- our policy to sign the treaty as soon as from Vermont. Most of the things he erything we can to make them as secure as practicable. And that reflects the un- stated so eloquently I do agree with. I possible. There is a line that I simply cannot would like to discuss a couple of them, cross and that line is the safety and security derstanding that the administration is of our men and women in uniform. searching aggressively for alternatives however. to landmines. And General Ralston has The 125 nations or so that we are Mr. KYL. Will the Senator from assured me that they are doing that talking about that he referred to who Oklahoma yield for a question? Mr. INHOFE. Yes. and I have confidence in him. signed this Ottawa Treaty—obviously, Mr. KYL. I have a copy of what I be- Incidentally, several types of land- we have not. I don’t think it is good policy for us to say that we didn’t sign lieve is the amendment that the Sen- mines we use are not prohibited by the ator from Oklahoma has offered. I won- Ottawa Treaty, neither command deto- it ourselves but we encourage others to do it. der if this is the amendment, and I am nated Claymore mines, nor anti-tank going to read what I have: mines. But I am concerned that my I have not seen any documentation of that. If I did, it wouldn’t really be too This subsection shall not apply unless the friend from Oklahoma now wants to Joint Chiefs of Staff and the unified combat- give a veto to a whole lot of other peo- meaningful to me. Mr. LEAHY. Will the Senator yield? ant commanders certify in writing to the ple. The fact of the matter is, no treaty Mr. INHOFE. Of course. Committee on Armed Services of the Senate is going to come up here with any Mr. LEAHY. We have encouraged and the Committee on National Security of the House of Representatives that the sign- chance of being approved by two-thirds others to give up their landmines. We of the Senate unless the President, the ing of the Convention is consistent with the have done this around the world, as we combat requirements and safety of the Secretary of Defense, the Joint Chiefs should. In the Ottawa Treaty, no; in of Staff, and everybody else support it. armed forces of the United States. fact, in the Ottawa Treaty, when it was Is that the Senator’s amendment? But the Senator from Oklahoma wants being negotiated in Oslo, the United to require that each of the unified com- Mr. INHOFE. That is the language. States came in at the last minute and Mr. KYL. Mr. President, it seems batant commanders has to agree—it expressed some interest but we did ev- apparently isn’t enough that the Com- that we would all want the military erything possible to thwart it up to leaders of our country to agree that mander in Chief, or the Secretary of that point. Defense, agrees. any policy that we adopt is commensu- Mr. INHOFE. I thank the Senator for rate with both combat requirements I have dealt in good faith with the that clarification. and the safety of the Armed Forces of Joint Chiefs of Staff and the President A statement that was made by the the United States. And if they are not and the National Security Adviser and Senator from Vermont was that, if you willing to certify that, then I certainly the Secretary of Defense. My language go to parts of the world where you can wouldn’t want to be on record as sup- reflects that. And I agreed not to op- see the damage inflicted by these, you porting a policy or a treaty or a law pose a waiver of my moratorium legis- perhaps will feel differently. I suggest that they felt was inimical to the safe- lation, and other things that the Pen- to the Senator, I have been there, and ty of the Armed Forces of the United tagon wanted. The amendment by the I remember the problems we had in States. I guess I am really wondering Senator from Oklahoma places that Nicaragua and Honduras. There is what the controversy is about. Maybe agreement in jeopardy. nothing that is more repugnant, noth- there isn’t much controversy. I know there may be others who wish ing that is sadder than seeing the ef- Mr. INHOFE. I respond to the Sen- to speak. I will give a longer tutorial fect of landmines on individuals. How- ator from Arizona, at the very begin- on the landmines issue later today or ever, what we are talking about now is ning when we opened our remarks, I tomorrow. But let’s be clear. My lan- many of those landmines were not U.S. said the language the Senator from guage does not have us ratifying the landmines. Those were landmines that Vermont put in this appropriations bill Ottawa Treaty or anything like that. were made in other parts of the world. is left intact, but this one proviso is We are not ratifying it here, even We are talking about self-destructing there. When we try to use the argu- though 40 of those nations will have landmines, self-disarming landmines, ment you are not going to be able to done so very shortly, the fastest that and landmines that, in the opinion of get the Joint Chiefs and the CINCs to any international law or arms control our military leaders, are necessary to agree, if they don’t agree, I don’t want treaty has ever been agreed to come save the lives of Americans. to invoke this. into force. No. Even with my language, As far as the alternatives, I hope that I will say, yes, that is the intent and the United States is still one of the we are going to be able to come up with the letter of this amendment. It is very lone holdouts in the world. Certainly alternatives to landmines, even smart simple, and I can’t imagine anyone will among our NATO allies we are the landmines. I will be the first one, when want to go on record saying that we most significant holdout. that time comes, to stand here on the want to stop the use of any kind of I tell my friend from Oklahoma, if he floor of the Senate and change our pol- landmines if it is not in the best inter- went to some of the parts of the world icy so that we can more accurately use est of our fighting troops over there as where we use the Leahy War Victims and effectively use these landmines. certified by the Joint Chiefs and the Fund and saw the numbers of civilians However, we can always change the law CINCs. blown apart by landmines, he would when that time comes. Mr. KYL. Mr. President, if I can understand my concerns. And if he re- In addition, the statement that I again ask the Senator from Oklahoma ceived the letters or talked to the mili- read was endorsed by every member of to yield, I certainly agree with that as- tary officers I have talked to who have the Joint Chiefs of Staff and every one sessment. It seems to be a very reason- been injured, or seen their fellow sol- of the unified combatant commanders, able proposition. I certainly hope our diers killed or wounded by our own which was: colleagues will agree with the amend- landmines, he would understand. And if Self-destructing landmines are particu- ment because of that. he had heard some of the speeches by larly important to the protection of early Mr. INHOFE. I thank the Senator our allies who ask why the most power- entry and light forces which must be pre- from Arizona. pared to fight outnumbered during the ini- ful nation on Earth wants them to give tial stages of deployment. The lives of our I would like to comment on a couple up their landmines but refuses to give sons and daughters should be given the high- of other things. In addition to the let- up ours, then he would also understand est priority when deciding whether or not to ter that was sent by the Joint Chiefs, my concern. ban unilaterally the use of destructive APLs. here is a letter that was sent to the September 1, 1998 CONGRESSIONAL RECORD — SENATE S9761 President last July by 24 of the Na- deny the U.S. military the ability to deploy Carl E. Mundy, General, U.S. Marine Corps tion’s most distinguished retired four- any kind of anti-personnel landmines (except (Ret.), Former Commandant. star ground combatant commanders, command-detonated Claymores and, provi- Glenn K. Otis, General, United States Army (Ret.), Former Commander-in-Chief, including a former Chairman of the sionally, those in the Korean DMZ). We agree with the Joint Chiefs of Staff who U.S. Army, Europe. Joint Chiefs of Staff, a former supreme have—as stated by their Chairman, General Robert W. FisCassi, General, United States allied commander, Secretary of State, John Shalikashvili—declared that a legisla- Army (Ret.), Former Vice Chief of Staff. six former combatants of the Marine tively imposed moratorium on APL use: Crosbie E. Saint, General, United States Corps, two former Chiefs of Staff of the ‘‘. . . constitutes an increased risk to the Army (Ret.), Former Commander-in-Chief, Army, two recipients of the Congres- lives of U.S. forces, particularly in Korea and U.S. Army, Europe. sional Medal of Honor and four service Southwest Asia, and threatens mission ac- Donn A. Starry, General, United States Army (Ret.), Former Commanding General, Vice Chiefs of Staff. complishment. It is the professional military judgment of the Joint Chiefs of Staff and the U.S. Army Readiness Command. This is what they said. A month ago Gordon R. Sullivan, General, United States geographic Combatant Commanders that the this letter was received by the Presi- Army (Ret.), Former Chief of Staff. dent: loss of APL which occurs as a result of this John W. Vessey, General, U.S. Army (Ret.), moratorium, without a credible offset, will Former Chairman, Joint Chiefs of Staff. Studies suggest that U.S. allied casualties result in unacceptable military risk to U.S. may be increased by as much as 35 percent if Louis C. Wagner, Jr., General, U.S. Army, forces.’’ In fact, studies suggest that U.S./al- Former Commanding General, Army Mate- self-destructing mines are unavailable, par- lied casualties may be increased by as much ticularly in the halting phase— riel Command. as 35% if self-destructing mines are unavail- Joseph J. Went, General, U.S. Marine The halting phase, we are talking able—particularly in the ‘‘halting phase’’ of Corps (Ret.), Former Assistant Commandant. about should the North Koreans come operations against aggressors. Such a cost is William C. Westmoreland, General, United down south of the DMZ, we would have especially unsupportable since the type of States Army (Ret.), Former Chief of Staff. a phase where we would not be as pre- mines utilized by U.S. forces and the manner Louis H. Wilson, General, U.S. Marine pared. in which they are employed by those forces Corps (Ret.), Former Commandant and They said: do not contribute to the humanitarian prob- Medal of Honor Recipient (World War II). lem that impels diplomatic and legislative —particularly in the halting phase of oper- Mr. INHOFE. Mr. President, more re- initiatives to ban APLs. cently, 16 of those generals have writ- ations against aggressors. Such a cost is es- Unfortunately, a ban on future deploy- pecially unsupportable since the type of ments of APLs will in no way diminish the ten a powerful open letter to the Sen- mines utilized by U.S. forces and the manner danger posed by tens of millions of ‘‘dumb’’ ate opposing Senator LEAHY’s effort to in which they are employed by those forces landmines that have been irresponsibly sown legislate U.S. compliance with the Ot- do not contribute to the humanitarian prob- where they will inflict terror and devasta- tawa Treaty. They said in part: lem that impels diplomatic and legislative tion on civilian populations. Detecting and initiatives to ban APLs. In our experience as former senior military clearing such mines should continue to re- commanders of American ground forces, such I find it difficult right now in light of ceive urgent attention from our government a decision would likely translate into the what happened this last week, in terms and others. The unverifiability and unen- needless and unjustifiable death of many of of the missiles that were launched from forceability of a ban on production of such this country’s combat personnel and possibly North Korea and the accuracy of those devices, however, virtually ensures that this jeopardize our forces’ ability to prevail on missiles with two phases, that we can practice will continue in the future. Only the the battlefield. question whether or not there is a U.S. military—and those of other law-abid- I again ask unanimous consent that ing nations—will be denied a means, through threat out there. the use of marked and monitored minefields, the full text of the letter from the gen- These are the words that came from of reducing the costs and increasing the erals dated June 16, 1997, be printed in 24 of the Nation’s most distinguished probability of victory in future conflicts. the RECORD. retired four-star ground combatant of- Mr. President, we have fought our Nation’s There being no objection, the letter ficers. wars and our battlefield experience causes us was ordered to be printed in the They went on to say: to urge you to resist all efforts to impose a RECORD, as follows: Unfortunately, a ban on future deployment moratorium on the future use of self-de- AN OPEN LETTER TO THE SENATE of APLs will in no way diminish the danger structing anti-personnel landmines by com- JUNE 16, 1998. imposed by tens of millions of dumb land- bat forces of the United States. Sincerely, Hon. TRENT LOTT, mines that have been irresponsibly sown Majority Leader, where they inflict terror and devastation on Robert H. Barrow, General, U.S. Marine Corps (Ret.), Former Commandant. U.S. Senate, civilian populations. Only the United States Washington, DC. military and those of other law-abiding na- Walter E. Boomer, General, U.S. Marine Corps (Ret.), Former Assistant Commandant. DEAR SENATOR LOTT: We understand that tions will be denied a means through the use the Senate may shortly be asked to consider of marked or monitored mine fields of reduc- Leonard F. Chapman, Jr., General, U.S. Marine Corps (Ret.), Former Commandant. an amendment to the FY 1999 Defense Au- ing the costs and increasing the probability thorization bill that would have the effect of of victory in future conflicts. George B. Crist, General, U.S. Marine Corps (Ret.), Former Commander-in-Chief, creating a statutory requirement for the Mr. President, I ask unanimous con- U.S. Central Command. U.S. military to cease all use of anti-person- sent to have the full text of the letter Raymond G. Davis, General, U.S. Marine nel landmines (APLs) by 2006, if not before. from the retired generals dated July 21, Corps (Ret.), Former Assistant Commandant, In our professional opinion as former senior 1997, printed in the RECORD. and Medal of Honor Recipient, (Korea). commanders of American ground forces, such There being no objection, the letter Michael S. Davison, General, United States a decision would likely translate into the was ordered to be printed in the Army, (Ret.), Former Commander-in-Chief, needless and unjustifiable death of many of U.S. Army, Europe. this country’s combat personnel—and pos- RECORD, as follows: John W. Foss, General, United States sibly jeopardize our forces’ ability to prevail AN OPEN LETTER TO PRESIDENT CLINTON Army, (Ret.), Commanding General, U.S. on the battlefield. JULY 21, 1997. Army, Training and Doctrine Command. As you may know, we were among the Hon. WILLIAM CLINTON, Alfred M. Gray, General, U.S. Marine Corps twenty-four retired four-star general officers The White House, (Ret.), Former Commandant. who expressed to President Clinton our con- Washington, DC. Alexander M. Haig, Jr., General, United cerns about such an initiative last summer. DEAR MR. PRESIDENT: We write to express States Army (Ret.), Former Supreme Allied, In an open letter to the President dated July our strong opposition to U.S. participation Commander, Europe, Former Secretary of 21, 1997, we wrote: ‘‘In our experience, [the] in any international agreement that would State. responsible use of APLs is not only consist- prohibit the defensive use by American P.X. Kelley, General, U.S. Marine Corps ent with the Nation’s humanitarian respon- forces of modern, self-destructing anti-per- (Ret.), Former Commandant. sibilities; it is indispensable to the safety of sonnel landmines (APLs) and/or the use of Frederick J. Kroesen, General, United our troops in many combat and peacekeeping so-called ‘‘dumb mines’’ in the Korean de- States Army (Ret.), Former Commander-in- situations.’’ The open letter went on to note militarized zone. In our experience, such re- Chief, U.S. Army, Europe. that: sponsible use of APLs is not only consistent Gary E. Luck, General, United States ‘‘Studies suggest that U.S./allied casualties with the Nation’s humanitarian responsibil- Army (Ret.), Former Commander-in-Chief, may be increased by as much as 35% if self- ities; it is indispensable to the safety of our United Nations, Command/Combined Forces, destructing mines are unavailable—particu- troops in many combat and peacekeeping Command, Korea. larly in the ‘halting phase’ of operations situations. David M. Maddox, General, United States against aggressors. Such a cost is especially We are also concerned about the implica- Army (Ret.), Former Commander-in-Chief, unsupportable since the type of mines uti- tions of legislation that would unilaterally U.S. Army, Europe. lized by U.S. forces and the manner in which S9762 CONGRESSIONAL RECORD — SENATE September 1, 1998 they are employed by those forces do not Louis C. Wagner, Jr., General, U.S. Army vent the banning of mixed munitions under contribute to the humanitarian problem that (Ret.), Former Commanding General, the treaty. Finally, I firmly believe that our impels diplomatic and legislative initiatives Army Material Command. anti-tank (AT) and anti-vehicle (AV) muni- to ban APLs. Joseph J. Went, General, U.S. Marine tions—which are mixed systems composed ‘‘Unfortunately, a ban on future deploy- Corps (Ret.), Former Assistant Com- entirely of smart AT and AP mines that self- ments of APLs will in no way diminish the mandant. destruct or self-deactivate in a relatively danger posed by tens of millions of ‘dumb’ Louis H. Wilson, General, U.S. Marine short period of time—are vital to the protec- landmines that have been irresponsibly sown Corps (Ret.), Former Commandant and tion of our men and women in the field. where they will inflict terror and devasta- Medal of Honor Recipient (World War Your second question asked whether I tion on civilian populations. Detecting and II). thought a landmine ban that did not accom- clearing such mines should continue to re- Mr. INHOFE. Mr. President, my con- modate these positions would be in the na- ceive urgent attention from our government cern here is that those individuals who tional security interest of the United States. and others. The unverifiability and unen- I do not. I believe that any treaty to which forceability of a ban on production of such are concerned—genuinely concerned— the United States agrees must ensure that devices, however, virtually ensures that this about the problems that exist over these valid national security concerns are practice will continue in the future. Only the there are concerned about damage that adequately addressed. U.S. military—and those of other law-abid- is inflicted by these landmines, and In your third question, you noted that ing nations—will be denied a means, through certainly I am one of these individuals, General Norman Schwarzkopf—who has been the use of marked and monitored minefields, are also concerned about the saving of widely portrayed as a supporter of a com- of reducing the costs and increasing the American lives. We certainly should plete ban on anti-personnel landmines—has probability of victory in future conflicts.’’ been quoted in an interview with the Balti- (Emphasis added.) not contemplate doing so unless the more Sun as saying: ‘‘I favor a ban on the We were deeply troubled to learn that Joint Chiefs of Staff and the unified dumb ones; those are the ones that are caus- President Clinton has recently agreed to im- combatant commanders formally ing the humanitarian problem. I think the pose constraints on and, within a few years, change their minds and agree such a smart ones are a military capability we can to ban outright the use of even self-destruct- step can be taken without jeopardizing use.’’ You asked whether I agree with this ing anti-personnel landmines. This is all the the U.S. forces. assessment. more remarkable given the opposition pre- My view, again is that our smart, mixed viously expressed by the Joint Chiefs of Staff I also have written a letter to the Chairman of the Joint Chiefs of Staff, AT/AV munitions are critical to our efforts and the Nation’s Combatant Commanders to to protect our men and women in the field. such limitations and President Clinton’s own General Shelton. This is just in the As I noted earlier, these systems are com- statement of September 17, 1997 when he an- last few days. I have a letter back from posed entirely of smart mines that self-de- nounced his opposition to the Ottawa treaty General Shelton in which he talks struct or self-deactivate in a relatively short banning APLs, declaring: about his opinion. In his response he period of time. The military utility of these ‘‘As Commander-in-Chief, I will not send said: systems is, in my mind, unquestionable. Be- our soldiers to defend the freedom of our peo- In your third question, you noted General yond that, however, I do want to reiterate ple and the freedom of others without doing that, because of the unique situation on the everything we can to make them as secure as Norman Schwarzkopf, who has been widely portrayed as a supporter of a complete ban Korean peninsula, non-self-destructing possible. . . . There is a line that I simply (NSD) or ‘‘dumb’’ mines are essential to our cannot cross, and that line is the safety and on antipersonnel landmines, has been quoted in an interview with the Baltimore Sun as commanders in the Republic of Korea as long security of our men and women in uniform.’’ as there is risk of aggression and we have We urge you and your colleagues to reject saying, ‘‘I favor a ban on the dumb ones. not fielded suitable alternatives to the NSD any legislative initiative that would have Those are the ones that are causing humani- mines used in Korea. the effect of crossing the line—whether by tarian problems. I think the smart ones are a military capability we can use.’’ In your final question, you asked whether endorsing new ‘‘operational concepts’’ (read, I will work to ensure that this capability is accepting more U.S. casualties) or other Further quoting General Shelton, he protected in any landmine treaty the U.S. measures—that would jeopardize the safety said: signs. In response, let me state again that I and security of our men and women in uni- My view again is that our smart mixed firmly believe that any landmine treaty to form by impinging upon the U.S. military’s ATAV munitions are critical to our efforts which the United States becomes party must ability to make responsible use of self-de- to protect our men and women in the field. ensure protection of ‘‘smart’’ mixed systems. structing/self-deactivating anti-personnel I ask unanimous consent that this As always, I appreciate your support of our landmines and long-duration APLs in Korea. men and women in uniform. With all best Sincerely, letter also be printed in the RECORD. There being no objection, the letter wishes from Tampa, Robert H. Barrow, General, U.S. Marine Sincerely, was ordered to be printed in the Corps (Ret.), Former Commandant. HENRY H. SHELTON, Raymond G. Davis, General, U.S. Marine RECORD, as follows: General, U.S. Army, Corps (Ret.), Former Assistant Com- U.S. SPECIAL OPERATIONS COMMAND, Commander in Chief. mandant and Medal of Honor Recipient OFFICE OF THE COMMANDER IN CHIEF, (Korea). Mr. INHOFE. Mr. President, this is Macdill AFB, FL, September 13, 1997. very simple. It is not a complicated Michael S. Davison, General, U.S. Army Hon. JAMES M. INHOFE, (Ret.), Former Commander-in-Chief, U.S. Senate, Russell Senate Office Building, thing to deal with. It simply says that U.S. Army, Europe. Washington, DC. we take the language that is supported John W. Foss, General, U.S. Army (Ret.), DEAR SENATOR INHOFE: Thank you for your and has been put in by the distin- Commanding General, U.S. Army letter of 12 September in which you state guished Senator from Vermont and Training and Doctrine Command. your concern about the compatibility of the add—I will read it one more time, these Alfred M. Gray, General, U.S. Marine emerging Oslo treaty on anti-personnel land- words— Corps (Ret.), Former Commandant. mines (APL) with the military’s require- This subsection shall not apply unless the Alexander M. Haig, Jr., General, U.S. ments today and for the foreseeable future. I Joint Chiefs of Staff and the unified combat- Army (Ret.), Former Supreme Allied appreciate the opportunity to express my ant commanders certify in writing to the Commander, Europe, Former Secretary views on these issues as Commander in Chief, Committee on Armed Services of the Senate of State. U.S. Special Operations Command. P.X. Kelley, General, U.S. Marine Corps Your first question asked for my view on and the Committee on National Security of (Ret.), Former Commandant. the importance of retaining the Korean ex- the House of Representatives that the sign- Frederick J. Kroesen, General, U.S. emption, limiting the systems covered by ing of the Convention is consistent with the Army (Ret.), Former Commander-in- the treaty to those ‘‘primarily designed’’ for combat requirements and safety of the Chief, U.S. Army, Europe. anti-personnel purposes, and ensuring what armed forces of the United States. David M. Maddox, General, U.S. Army we are able to continue using self-destruct- So it is a very straightforward and (Ret.), Former Commander-in-Chief, ing/self-deactivating APL when packaged simple amendment. Quite frankly, I U.S. Army, Europe. with anti-tank landmines. want to have the input of the military Carl E. Mundy, General, U.S. Marine In my view, each of those positions is criti- when these decisions are made. Corps (Ret.), Former Commandant. cal. Anti-personnel landmines are integral to Mr. LEAHY addressed the Chair. Robert W. RisCassi, General, U.S. Army the defense of the Republic of Korea, and as The PRESIDING OFFICER (Mr. (Ret.), Former Vice Chief of Staff. long as there is risk of aggression in Korea Donn A. Starry, General, U.S. Army and we do not have suitable alternatives SMITH of Oregon). The Senator from (Ret.), Former Commanding General, fielded, we must ensure the best protection Vermont. U.S. Army Readiness Command. of our forces and those of our allies. I also Mr. LEAHY. I will just respond brief- Gordon R. Sullivan, General, U.S. Army believe that an accurate definition of anti- ly. Is the Senator speaking of holding (Ret.), Former Chief of Staff. personnel (AP) landmines is essential to pre- onto landmines that the Joint Chiefs September 1, 1998 CONGRESSIONAL RECORD — SENATE S9763 have already said they are prepared to North Korea from resuming their nu- sponsor of amendment No. 3516, origi- give up? Command detonated land- clear weapons development program. nal cosponsor of amendment No. 3514, mines are still available. We use those Between our under strength military, and amendment No. 3520. in Korea and elsewhere. Nothing bans and the new tension on the Korean Pe- The PRESIDING OFFICER. Without those in this treaty. And as for self-de- ninsula, it could be said that it has objection, it is so ordered. struct mines, the President has already been many years since our military Mr. LEAHY. Mr. President, I see my said the Pentagon will give them up forces in South Korea have been in colleague from Kentucky, the distin- outside Korea by 2003, and in Korea by such an insecure and tenuous position. guished chairman of the subcommittee, 2006. The Pentagon has also said it is It is not idle hyperbole to say that on the floor, so I yield to him. searching aggressively for alternatives South Koreans, and the forty thousand Mr. MCCONNELL. I say to my col- to the use of anti-personnel mines in American troops who live at the pointy league from Vermont, we have—I hate mixed mine systems. These are self-de- end of the spear in that country, de- to interrupt the debate on this amend- structing mines. So if there are mili- pend on land mines for their lives. ment, but we have a unanimous con- tary officers who are saying they op- In light of these developments, I can- sent agreement that has been cleared pose finding alternatives to these not think of a worse time to pass a on both sides limiting the amend- mines, they are speaking out of school. Foreign Operations Appropriations Bill ments. If it is all right with them, I That is not consistent with the Penta- that includes a provision which would would like to propound that at this gon’s policy. facilitate the signing of the Convention particular time. My friend from Arizona speaks of of the Prohibition of anti-personnel UNANIMOUS-CONSENT AGREEMENT having the military’s input. Of course land mines, quote—‘‘as soon as prac- Therefore, Mr. President, I ask unan- we should have the military’s input. If ticable.’’—unquote. A harmless sound- imous consent that during the remain- we were to sign any treaty of this na- ing passage to be sure, but one which, der of the Senate’s consideration of S. ture, we would. And we would require in the hands of an administration 2334, the following amendments be the two-thirds of the Senators to vote for prone to trading our national security only remaining first-degree amend- it before the President could even rat- for parchment, could be interpreted as ments, other than the pending amend- ify such a treaty. clearance to sign that dangerous piece ment, in order and subject to relevant A lot is made of Korea. Obviously we of paper. second degrees. I further ask that fol- are concerned about the defense of Senator INHOFE’s amendment would lowing the disposition of the listed Korea. But I say to my friends, talk to simply require that, before the admin- amendments, the bill be advanced to the former commander of our forces istration signed any treaty that would third reading and a vote occur on pas- there, General Hollingsworth, or Gen- take this critically important weapons sage of S. 2334, all without intervening eral Emerson. They say landmines system from our military, the Joint action or debate. caused more problems for our forces Chiefs of Staff, along with the Com- The amendments listed, Mr. Presi- than they solved. Our forces are highly manders in Chief of the various Combat dent, are two by Senator BROWNBACK, one on Iran, one on Georgia; two by mobile. You don’t want to impede their Commands, certify that they can ac- Senator COVERDELL, one relevant, one mobility by sowing a lot of landmines complish their missions without it. on Black Hawk helicopters; Senator around. But anyway, the Pentagon has Not in the last two decades have ten- CRAIG, four relevant; Senator COATS on already said it is going to find alter- sions been so high in that part of the North Korea; Senator DEWINE on Haiti, natives to landmines in Korea. world, Mr. President. It would seem Mr. ENZI. Mr. President, I rise to that every possible factor is now con- drugs, and Africa, three of them; Sen- support the amendment on land mines spiring to place our troops on the prec- ator FAIRCLOTH on world economic con- to the Foreign Operations Appropria- ipice: Our military is undermanned and ference; Senator HUTCHISON on North Korea; the Senator INHOFE amendment, tions bill offered by my colleague, the underfunded; our diplomatic initiatives which is pending, on landmines; Sen- Senator from Oklahoma. This amend- with the world’s totalitarian regimes ator KYL, IMF; two amendments by the ment, which seeks to preserve for our are breaking down everywhere; ballis- majority leader; two amendments on military commanders a weapons sys- tic missile and nuclear weapons tech- North Korea by the Senator from Ari- tem which, among other things, miti- nology is proliferating at breakneck zona, Senator MCCAIN; two relevant gates the manpower disadvantage speed; and in Asia, the terrible eco- amendments by myself; and one by American forces routinely suffer, is nomic situation there only serves to Senator SHELBY, and the pending SPEC- needed now more than ever. raise tensions and reduce available TER amendment. Every day seems to bring fresh evi- peaceful alternatives. I cannot envision The PRESIDING OFFICER. Is there dence of two facts we have known to be a worse time to be taking military op- objection? true for some time: First, that our tions away from our commanders in Hearing none, so ordered. military is currently too small and the field. But let me be clear: Even Mr. LEAHY. There are some more. stretched too thin for the many mis- under the best of circumstances I Mr. MCCONNELL. Sorry, Mr. Presi- sions assigned to it; and second, that would be against any attempt to take dent. There is another page, including, the international security situation is away military options from those com- interestingly enough, all the Demo- more volatile than it has been in a gen- manders. And I will feel this way with cratic amendments. What an oversight. eration. Both situations argue heavily particular regard to anti-personnel Mr. LEAHY. I knew you wanted to in favor of this amendment. land mines until the proponents of this make sure those were in before you Even the most ardent defenders of ban can give me a cogent answer to a asked for unanimous consent. our ongoing defense drawdowns cannot simple question: How will taking self- Mr. MCCONNELL. Senator BIDEN, a help but be alarmed at the sudden lack destructing, self-deactivating land relevant amendment; Senator BYRD, a of trained manpower in our military. mines away from the United States relevant amendment; Senator BAUCUS, Recruiting goals are not being met and military save one life in Angola, Cam- a relevant amendment; Senator BIDEN our long serving leaders—both officer bodia or Afghanistan? Until I get a on another relevant amendment; Sen- and enlisted—are leaving the military clear answer to that question, I will ator DASCHLE, two relevant amend- in droves. One government report after continue to defend our military from ments; Senator DODD on Human Rights another finds that our front line units these misguided attempts to eliminate Information Act; Senator FEINGOLD, are chronically undermanned. Next to the means by which they accomplish two, one on Africa and one relevant; these disturbing facts, we see that the the missions America deems fit to as- Senator FEINSTEIN, child abduction; situation in North Korea has recently sign them, in the safest possible way. I Senator KERREY of Nebraska, relevant; taken a most frightening turn with support this amendment from the Sen- my colleague, Senator LEAHY, two rel- their launch of a two-stage ballistic ator from Oklahoma, and I encourage evant and one on GEF; Senator MOY- missile directly over the Japanese Is- my colleagues to do so as well. NIHAN, two, one relevant and one on lands. Japan has pulled out of the Mr. LEAHY. Mr. President, I ask IMF; Senator REID, relevant; Senator Light Water Reactor agreement which unanimous consent that Senator LAU- GRAHAM two, one on Haiti and one rel- was our only real hope of keeping TENBERG be added as an original co- evant. S9764 CONGRESSIONAL RECORD — SENATE September 1, 1998 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Two weeks after this latest tragic in- objection, it is so ordered. ator from Indiana is recognized. cident, the U.S. launched a missile Mr. KYL addressed the Chair. Mr. COATS. Mr. President, I will strike against one of bin Laden’s facili- The PRESIDING OFFICER. The Sen- soon send an amendment to the desk ties in Afghanistan, as well as against ator from Arizona. and then have it set aside. It doesn’t a Sudanese facility, which received ini- Mr. KYL. If the managers have no ob- have anything to do with landmines, tial financing from a bin Laden enter- jection, I would like to send an amend- but I would be happy to have the clerk prise. ment to the desk. read it. I, along with most Americans, wel- Mr. INHOFE addressed the Chair. AMENDMENT NO. 3523 come this administration’s change in The PRESIDING OFFICER. The Sen- (Purpose: To reallocate funds provided to the policy as a necessary and long overdue ator from Oklahoma. Korean Peninsula Energy Development Or- response. However, it is not to say that AMENDMENT NO. 3366 ganization to be available only for there weren’t legitimate questions Mr. INHOFE. If the Senator will antiterrorism assistance) raised concerning the timing of this at- yield, I would like to request the yeas Mr. COATS. Mr. President, I send an tack—I was one of those who raised and nays on the amendment. amendment to the desk and ask for its such questions—and the timing of this The PRESIDING OFFICER. Is there a immediate consideration. policy change, coming as it did during The PRESIDING OFFICER. The sufficient second? the President’s personal crisis. I was There is a sufficient second. clerk will report. The bill clerk read as follows: concerned that this sea change, this The yeas and nays were ordered. dramatic change in policy, might be Mr. KYL addressed the Chair. The Senator from Indiana [Mr. COATS] pro- poses an amendment numbered 3523. misunderstood or misinterpreted by The PRESIDING OFFICER. The Sen- both allies and foes alike, thereby dam- ator from Arizona. Mr. COATS. Mr. President, I ask unanimous consent that reading of the aging and undermining the credibility AMENDMENT NO. 3522 amendment be dispensed with. of this administration’s newly declared (Purpose: To provide a substitute with re- The PRESIDING OFFICER. Without policy against terrorism. spect to certain conditions for IMF appro- Make no mistake, Mr. President, it is priations) objection, it is so ordered. The amendment is as follows: appropriate to respond whenever inno- Mr. KYL. I send an amendment to On page 31, line 7, strike ‘‘and’’ and all that cent Americans are attacked in acts of the desk and I ask for its immediate follows through ‘‘(KEDO)’’ on line 9. political terrorism. The alternative consideration. Beginning on page 32, strike line 10 and all serves only to encourage those who The PRESIDING OFFICER. Without that follows through line 24 on page 33 and seek to do us harm in pursuit of their objection, the clerk will report. insert the following: ‘‘That, notwithstanding private agendas. I caution, however, The bill clerk read as follows: any other provision of law, of the funds ap- that we must also be certain of our tar- Beginning on page 119, line 1 of the bill, propriated under this heading not less than gets and political objectives, and care- strike all through page 120, line 13, and in- $56,000,000 shall be available only for sert the following: antiterrorism assistance under chapter 8 of ful to make sure that our response is to SECTION 601. CONDITIONS FOR THE USE OF part II of the Foreign Assistance Act of reinforce and not undermine our poli- QUOTA RESOURCES.—(a) None of the funds ap- 1961.’’. cies. propriated in this Act under the heading Mr. COATS. Mr. President, I want to Clearly, the U.S. strike and the ad- ‘‘United States Quota, International Mone- speak on a broader subject. I want to ministration’s characterization of it as tary Fund’’ may be obligated, transferred or take a few moments to discuss what a ‘‘war on terrorism’’ is a notable de- made available to the International Mone- has been a dramatic change in adminis- parture from the policies and actions of tary Fund until 30 days after the Secretary tration policy regarding the war on the past several years. Rightly or of the Treasury certifies that the Board of wrongly, the Khobar Towers incident Executive Directors of the Fund have agreed terrorism. According to the adminis- by resolution that stand-by agreements or tration’s chronology of Osama bin stands out as an example of U.S. inac- other arrangements regarding the use of Laden’s terrorist attacks against U.S. tion in the face of recent terrorist at- Fund resources shall include provisions re- facilities or U.S. citizens, this individ- tacks. quiring the borrower— ual is connected in one way or another Certainly the Khobar Towers inves- (1) to comply with the terms of all inter- to a series of disturbing terrorist inci- tigation has been delayed and com- national trade obligations and agreements of dents. This chronology, by the way, plicated by the need for close coopera- which the borrower is a signatory; was offered by our National Security tion with the Saudi Government. But (2) to eliminate the practice or policy of the current White House crisis raises government directed lending or provision of Advisor, Mr. Berger. I am taking this subsidies to favored industries, enterprises, from that chronology of terrorist inci- serious doubts for our allies and gives parties, or institutions; and dents. He has conspired to kill U.S. fuel to our adversaries whose focus is (3) to guarantee non-discriminatory treat- servicemen in Yemen in 1992. He plot- likely to be the difference in the U.S. ment in debt resolution proceedings between ted the deaths of American and other response to the deaths of American domestic and foreign creditors, and for debt- peacekeepers in Somalia in 1993. He as- military personnel at Khobar and those ors and other concerned persons. sisted Egyptian terrorists who tried to in Nairobi and Dar Es Salaam. There Mr. KYL addressed the Chair. assassinate Egyptian President Muba- may very well be justification for the The PRESIDING OFFICER. The Sen- rak in 1995. He conducted a car bomb- difference in response, but it clearly ator from Arizona. ing against the Egyptian Embassy in signals a change in policy and, for Mr. KYL. I advise the Senator from Pakistan in 1995. He plotted to blow up many of us, a welcome change in pol- Vermont that this is the original com- U.S. airliners in the Pacific and sepa- icy. mittee language. rately conspired to kill the Pope. He More worrisome is that this new- Mr. LEAHY. Mr. President, I apolo- bombed a joint U.S. and Saudi military found inclination to military action gize to my friend from Arizona. I had training mission in Riyadh in 1995. He against terrorist organizations bears been momentarily distracted. I issued a declaration of war against the no resemblance whatsoever to the ad- thought it was an amendment to the United States in August of 1996. He ministration’s so-called foreign policy Inhofe amendment. I did not realize stated, ‘‘If someone can kill an Amer- priorities concerning rogue nations, that had been set aside. I would not ican soldier, it is better than wasting such as Iraq and North Korea. have required the reading of the time on other matters.’’ In February of On February 17, 1998, President Clin- amendment. this year, Osama bin Laden stated, he ton addressed the Nation. He said, Mr. KYL. That is quite all right. I am declared his intention to attack—his ‘‘. . .this is not a time free from peril, happy to make that clarification. network—their intention to attack especially as a result of reckless acts of At this time I would like to yield to Americans and our allies, including outlaw nations and an unholy axis of the Senator from Indiana for the pur- citizens, civilians, anywhere in the terrorists, drug traffickers and orga- pose of laying down an amendment and world. And as we all know, last month nized international criminals * * * and making his statement on that amend- he has been directly linked to the they will be all the more lethal if we ment before I make my statement on bombing of U.S. Embassies in Dar Es allow them to build arsenals of nu- my amendment. Salaam and Nairobi. clear, chemical and biological weapons September 1, 1998 CONGRESSIONAL RECORD — SENATE S9765 and the missiles to deliver them. We out his assigned duties and his mission ing national security strategy, it is dif- simply cannot allow that to happen. was undermined by the United Nations ficult to judge and even more difficult There is no more clear example of this Security Council, with the implicit to trust the rationale we are giving for threat than Saddam Hussein’s Iraq. His support of the U.S. Government, and he our involvement in these operations. regime threatens the safety of his peo- felt that the only course of action he If leaders of these rogue states—Iraq ple, stability of his region and the safe- had was to resign. and Korea—do pose, as Secretary ty of all the rest of us.’’ Clearly, last month’s strikes are a Albright has said, the greatest security Yet, Mr. President, in the last few substantial change from the adminis- threat that we and our allies face, then months, this administration has made tration’s largely restrained reactions we must ask legitimate questions what many see as a mockery of the in- to previous terrorist attacks on Ameri- about the deployment of our security spection regime in Iraq, has failed to cans. To be fair, circumstances and the resources and national security assets respond to the intelligence of an active need to cooperate with foreign govern- in places of lesser importance, unless, nuclear program in North Korea, and ments were behind some of that earlier of course, we are willing to support has clearly allowed the North Koreans reticence. both in a measure necessary to be pre- to continue to build a delivery system The President said: We must be pre- pared and to accomplish both objec- which will be capable of reaching the pared to do all that we can for as long tives at the same time. United States in its next phase of de- as we can. Mr. President, let’s take this new- velopment. There is no question that we will face found determination to combat terror- The President himself said last Feb- attempts at reprisal over years and ism, as declared by the President, at ruary that ‘‘we have no business agree- years. This is something that seems all face value. In doing so, it is important, ing to any resolution of [the Iraqi cri- the more certain given the reports that then, that the call to action must be sis] that does not include free, unfet- bin Laden has offered bounties for ter- more than mere rhetoric. It is impor- tered access to the remaining sites by rorist actions resulting in the deaths of tant that the President articulate his people who have integrity and proven Americans. So we, indeed, must be pre- policy and according strategy as well competence in the inspection busi- pared to act for as long as we must. as initiate development of the capabili- ness.’’ But we must recognize that in our ties that will be needed to affect that This is a critical statement, one endeavor to defeat terrorists, perhaps strategy. The current upside-down pri- which I think bears repeating. to a greater extent than ever before, orities wherein all too limited U.S. de- The President himself said last Feb- our success will depend upon the abil- fense resources are spent on what are ruary that ‘‘we’’—meaning the United ity to gather friends and allies to- surely less critical operations in Bos- States—‘‘have no business agreeing to gether in a common struggle against nia and elsewhere need to be examined any resolution of [the Iraqi crisis] that this common enemy. Trust is the es- to reflect the serious threat to U.S. na- does not include free, unfettered access sential element in this equation. So it tional interests that terrorism com- to the remaining sites by people who is imperative that the President of the prises, whether by rogue nations, have integrity and proven competence United States be capable of establish- states-sponsored groups, or actions of in the inspection business.’’ ing and maintaining the level of trust independents like bin Laden. Yet the question remains: What are Yet, just last week, the lead inspec- necessary to execute a successful pol- the Nation’s capabilities to execute tor of the United States resigned in icy against terrorism. this administration’s change in foreign disgust at the pressure the Clinton ad- At the same time, we will need to in- policy about terrorism? What has been ministration has brought to bear to ex- crease our readiness to defend against done to enhance the interagency proc- plicitly undercut the very inspection the wide range of potential attacks on ess to address the transnational threat regime which the President said we our citizens and interests as well as of terrorism? Has the administration have no business in changing. In his those of our friends and allies any- developed the intelligence capabilities resignation letter, Scott Ritter, that where in the world. inspector—someone who does have Our planning and strategy must be and the military capabilities to sup- proven integrity and proven com- sustainable over the long run. We need port this policy? Some of our friends and allies rightly petence in the inspection business— to find cheaper and more effective express the concern that the Clinton said this: methods to attack terrorist infrastruc- administration has not addressed some Iraq has lied to the special commission and tures and planning. It seems woefully the world since day one concerning the true of these key issues, and that, therefore, obvious that the use of costly weapons when the United States starts to find scope and nature of its proscribed programs and defensive measures will have to be and weapons systems. This lie has been per- out how hard and how expensive it is to petuated over the years through systematic restricted to correspondingly grievous pursue a long-term effort against ter- acts of concealment. . . . the commission affects. Osama bin Laden unquestion- rorism, we will lose resolve and not has uncovered indisputable proof of a sys- ably presents a significant and dem- sustain our efforts. tematic concealment mechanism, run by the onstrated threat to U.S. interests. But Many of us fear that the administra- President of Iraq, and protected by the Presi- surely nations such as Iraq and North tion will merely add the military tasks dential security forces. . . . Korea represent a substantially greater associated with counterterrorism to The current decision by the Security Coun- magnitude of threat to our vital na- cil and the Secretary General, backed at the Pentagon’s already stretched list of least implicitly by the United States, to seek tional interests. Moreover, these na- missions, and will do so without pro- a diplomatic alternative to inspection-driven tions have demonstrated an intent to viding the additional funding required. confrontation with Iraq, a decision which develop, and in the case of Iraq employ, In short, we will throw yet another constitutes a surrender to the Iraqi leader- weapons of mass destruction. Worse rock in the military’s already over- ship . . . has succeeded in thwarting the yet, these states seem willing to trans- flowing rucksack and expect them to stated will of the United Nations. fer such technology to other nations or shoulder the burden with the same The illusion of arms control is more dan- groups who intend to use it against the budget and the same forces. gerous than no arms control at all. What is United States and our allies. being propagated by the Security Council We must recognize the risk of pursu- today in relation to the work of the special Secretary Albright declared that ing such an approach with our mili- commission is such an illusion, one which in ‘‘the risk that leaders of a rogue state tary, a military that is currently ill- all good faith I cannot, and will not, be a will use nuclear, chemical, or biologi- matched to this threat. Military budg- party to. I have no other option than to re- cal weapons against us or our allies is ets and force structure are down 35 per- sign from my position here at the commis- the greatest security threat we face.’’ cent to 40 percent since the cold war; sion effective immediately. That statement does not square with while at the same time our peacetime That is a strong statement, Mr. the allocation of national security re- commitments are up several hundred President. It is a strong statement sources to operations in Haiti, Soma- percent. made by one who has a reputation for lia, and Bosnia. It may be that these And perhaps most importantly, de- impeccable integrity and for total com- latter operations should enjoy some fense procurement is down nearly 70 petence in the inspection business. Yet, measure of emphasis. But, lacking a percent from the Reagan administra- he believed that his ability to carry coherent foreign policy and correspond- tion when this Nation developed the S9766 CONGRESSIONAL RECORD — SENATE September 1, 1998 modernized, professional military that 15,000 people working to build what Mr. President, I have sent an amend- was victorious in the cold war. But we some suggest is a nuclear reactor or ment to the desk. I have asked for it to have been living off the Reagan buildup fuel reprocessing facility buried deep be set aside. It addresses the question for nearly a decade, and the procure- within a mountain. of the funding that is in this appropria- ment holiday is over. This, despite what the administra- tion for North Korea related to devel- The average age of our fleet of air- tion has touted as a landmark agree- opment of nonthreatening nuclear fa- craft, ships, tanks, and trucks and ment stopping North Korea’s nuclear cilities. Given the evidence and the in- other equipment has been increasing weapons research and development pro- formation that we now have, these year by year, and our forces are having gram in exchange for food, energy, and funds would be much better used on a difficult time maintaining that the promise of two new light-water re- counterterrorism efforts, and this equipment. This is a major source of actor power plants. amendment seeks to transfer the funds the readiness problems confronted by The State Department, by stating for that purpose. our military today. that it sees no nefarious intent because I will be debating this amendment at Yet, year after year this administra- the concrete for this facility has not a later time. And I understand two tion’s budget falls short of its goal of yet been poured, is asking us to trust amendments currently have been of- procurement. And I project it will fall their assessment of the situation. Only fered and are awaiting a vote at some short again. 6 months ago, the President certified time in the future. But I want to alert Significantly, the report of the Na- to Congress that ‘‘North Korea is com- my colleagues that I think this situa- tional Defense Panel last December plying with the provisions of the tion in North Korea is critical. I think highlighted that this administration Agreed Framework’’ and ‘‘has not sig- the continuation of the current admin- needs to provide $5 billion to $10 billion nificantly diverted assistance provided istration policy in this regard, in a year to transform our military so by the United States for purposes for transferring U.S. tax dollars in accord that our Nation can leverage advances which it was not intended.’’ with an agreement that was designed in technology and will be prepared to We are now told by administration to terminate North Korean involve- address what are envisioned to be the officials that this new facility should ment in development of any nuclear fa- fundamentally different operational not be considered a ‘‘deal-breaker’’ be- cilities that could be used for purposes challenges in the 21st century. One of cause its completion ‘‘will take half a other than providing power to their na- those, and perhaps the most important decade or more.’’ tion is a serious matter. I don’t think of those, is terrorism. To add insult to injury, we have continuation of funds for that purpose In short, we still have a military de- learned that North Korea has test fired is appropriate. I think that money is signed to fight the conventional wars a 1,200-mile-ranged ballistic missile much better used to help prepare us to of the past, and it is poorly prepared to into the Pacific Ocean, overflying implement the administration’s new conduct this war on terrorism. Trans- Japan. And they did so just days after policy on the war on terrorism, and we formation to a national security pos- the Joint Chiefs issued their com- will be discussing that amendment at ture necessary to address the threats of mentary on the Rumsfeld report in some point in the future. the future is necessary and cannot be which they reasserted the administra- Mr. President, with that I yield the successfully accomplished without a tion’s claims that there currently is no floor. reallocation of resources and a revision imminently discernible ballistic mis- Mr. BENNETT addressed the Chair. of policy. sile threat warranting a national mis- The PRESIDING OFFICER. The Sen- I, therefore, urge the President to sile defense. They state, moreover, ator from Utah. prepare this Nation for this prolonged their confidence that our intelligence Mr. BENNETT. I understand we will conflict against terrorism, but in doing community would provide ample warn- now hear from the Senator from Ari- so use more than just strong words, but ing to permit meeting such a threat in zona, Mr. MCCAIN, but I wanted to no- prepare us in a way so that we have the the context of the President’s 3+3 tify Senators that following Senator resources in place to successfully ac- strategy. MCCAIN’s presentation, it will be our count for this threat and protect the North Korea’s test launch of this bal- intention to move to a vote with rela- American people. listic missile has demonstrated the tion to the Specter amendment No. We face a range of threats and poten- truth of that old adage that actions 3506 as quickly as possible, so that Sen- tial defensive strategies. Some of the speak louder than words. Doesn’t the ators might know that a vote following latter could affect traditional Amer- testing of a two-stage ballistic missile Senator MCCAIN’s presentation is pend- ican freedoms. suggest that there is something for us ing. At the very least, there should be an to be worried about? How much harder Mr. MCCAIN. Mr. President, what is open and serious debate over how far can it be to launch a three-stage sys- the pending business? we can go, or how far we should go, in tem capable of reaching the United The PRESIDING OFFICER. Under altering the security environment in States? the previous order, the Coats amend- America and at our facilities abroad. I am not nearly as cynical about our ment is set aside. The Senator is now Although an easily-defended fortress intelligence capabilities as some, and recognized to offer an amendment. sounds like a good idea for diplomatic so it is not idle curiosity when I won- AMENDMENT NO. 3500, AS MODIFIED security, it also restricts the very ac- der out loud whether the State Depart- (Purpose: To restrict the availability of cer- cess that effective diplomacy often re- ment officials knew, as the Pentagon tain funds for the Korean Peninsula En- quires. And we must recognize this. did, that North Korea was planning a ergy Development Organization unless an Mr. President, we face a difficult missile test. And if so, did the State additional condition is met) road in pursuit of a war on terrorism. Department raise this issue with the Mr. MCCAIN. Mr. President, I have Like other Americans, I am commit- North Koreans during last week’s an amendment at the desk in the na- ted to the elimination of this scourge meetings on various subjects including ture of a substitute. of terrorism. But I cannot help but be that of the underground nuclear-relat- The PRESIDING OFFICER. The somewhat skeptical of the administra- ed facility? clerk will report. tion’s determination and their commit- I can tell you that whatever the an- The assistant legislative clerk read ment, and unfortunately I fear that we swer, it does not reflect well on the ad- as follows: will find few allies willing to risk their ministration or the Secretary of State. The Senator from Arizona [Mr. McCAIN], security and reputations on the Secretary Albright’s comments yester- for himself, Mr. HELMS, and Mr. MURKOWSKI, strength of the current administra- day that the test is ‘‘something that proposes an amendment numbered 3500, as tion’s say so. The ‘‘say so’’ must be fol- we will be raising with the North Kore- modified. lowed with the ‘‘do so.’’ ans in the talks that are currently Mr. MCCAIN. Mr. President, I ask Mr. President, hidden beneath the going on,’’ are less than inspiring and unanimous consent that reading of the headlines of the last 2 weeks was yet they fail to address the essential issue amendment be dispensed with. another explosive revelation. North of what the U.S. did or might have The PRESIDING OFFICER. Without Korea has reportedly had as many as tried to do to forestall this test. objection, it is so ordered. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9767 The amendment is as follows: of the Agreed Framework should be the past or will in the future handle On page 33, line 4, before the colon insert supported and followed in kind by the North Korea with the firmness and re- the following: ‘‘; and (4) North Korea is not United States. solve necessary to prevent the develop- actively pursuing the acquisition or develop- At the time I spoke last summer, yet ment of the most ominous of scenarios. ment of a nuclear capability (other than the another North Korea-instigated border One U.S. official was quoted in 1996 light-water reactors provided for by the 1994 altercation had just transpired. Go with respect to the North Koreans as Agreed Framework Between the United back and look at the newspaper head- stating, ‘‘They owe us some good be- States and North Korea) and is fully meeting havior so we can continue to engage its obligations under the Treaty on the Non- lines pertaining to Korea at that time. Proliferation of Nuclear Weapons’’. The July 15, 1997, Washington Post in- them.’’ Mr. President, that is precisely cluded an article titled ‘‘U.S. Says it the problem with the Administration’s Mr. MCCAIN. Mr. President, I ask for approach to North Korea. It ignores the yeas and nays on this amendment. Will Double Food Aid to North Korea.’’ The PRESIDING OFFICER. Is there a The following day, wire stories were the underlying reality that the North sufficient second? headlined ‘‘Korea-Border Gunfire Ex- Korean regime is inherently hostile There appears to be a sufficient sec- changed.’’ That contrast is discourag- and exceedingly belligerent. Tem- ond. ingly consistent. Offers to agree to ne- porary expressions of goodwill have not The yeas and nays were ordered. gotiate a final peace agreement with and will not translate into the kind of Mr. MCCAIN. Mr. President, I offer the South or provisions of food aid for fundamental transformations in that an amendment on behalf of myself and North Korea’s starving people regu- regime necessary for us to ever have Senator HELMS and Senator MURKOW- larly alternate with serious, often confidence that it will not exploit our SKI pertaining to recent events in bloody transgressions against the goodwill. Any efforts of the inter- North Korea: South. But, the missile firing, while national community to alleviate the The announcement that U.S. intel- not entirely unexpected, expands sig- suffering that North Korea itself has ligence has discovered a very sizable nificantly the scale of the threat to re- caused its people will be misused to underground construction project in gional peace and stability posed by allow it to maintain a military force the mountains northeast of the nuclear North Korea. that ensures the Korean peninsula will complex at Yongbyon, and Monday’s At the time the Agreed Framework remain the most heavily fortified bor- firing of an intermediate-range ballis- was signed in October 1994, I expressed der in the world. tic missile over Japanese territory. grave misgivings about its viability. I Missile firings such as North Korea Later I intend to propose another spoke at length on the floor of the Sen- conducted only occur within the con- amendment expressing the sense of ate regarding North Korea’s abysmal text of relations on the brink of war. Congress that North Korea should be record of compliance with its previous That does not mean that I believe a forcefully condemned for such an open- commitments regarding its nuclear North Korean attack is imminent. I ly belligerent act while the United Na- weapons program, listing nine such have no such belief. The nature of the tions is once again debating coopera- violations. Further, I emphasized the act, however, should be interpreted tive arrangements with the Stalinist danger of an agreement that failed to very cautiously. During the height of regime in Pyongyang. adequately provide for full inspections the cold war, the Soviet Union This amendment adds to the certifi- of current and past nuclear sites, as launched missiles aimed directly at the cation requirements a Presidential cer- well as of future such activities, prior Hawaiian Islands. During the peak of a tification that North Korea is not pur- to the provision of assistance to the crisis with Libya, Mu’ammar Qhadafi suing a nuclear weapons capability. North Koreans. Four years and $86 mil- launched a missile that impacted near The distinction between what is cur- lion later, we are no more confident Malta. And most recently, China fired rently in the bill and the provision in than we have ever been about North missiles perilously close to Taiwan in this amendment is crucial as it ad- Korea’s intentions and capabilities in response to the latter’s pending demo- dresses new activities as opposed to the nuclear realm. I predicted back cratic elections. And now we can add to those already identified and incor- then that North Korea would violate the list Pyongyang’s launching of a porated into the 1994 Agreed Frame- the spirit and the letter of the Agreed Taepo Dong I missile against Japan work. Framework, and I believe today that I and, presumably, against U.S. forces Mr. President, it is instructive to go was correct. stationed there and in Guam. back in time and review the history of A North Korean nuclear weapons ca- If the new underground complex North-South relations on the Korean pability is one of the most dangerous being constructed in North Korea is, in peninsula. Last summer, I came to the scenarios imaginable, and it’s entirely fact, for the purpose of establishing a floor and submitted for the RECORD a possible such a capability already ex- new nuclear weapons complex, the test- comprehensive list compiled by the ists. Bribing hostile, totalitarian re- ing of the missile takes on an even Congressional Research Service of gimes to not take steps deleterious to more ominous tone. As some analysts North Korean provocations since its in- our best interests seldom succeed, as have pointed out, a series of missiles ception following the Second World the very nature of such regimes is what like the Taepo Dong-class only make War. That list detailed numerous ter- makes them worrisome and unworthy sense when armed with weapons of rorist acts, intelligence-related sub- of the kind of trust the 1994 agreement mass destruction. Even the psycho- marine incursions into South Korean demands. logical ramifications of these missiles territory, kidnappings of Japanese na- That is why the underground con- stems entirely from North Korea’s tionals for intelligence purposes, and struction project is so troubling. Its eventual ability to arm them with nu- armed incursions across the demili- precise nature is still a matter of spec- clear, chemical or biological warheads. tarized zone. ulation, but one thing is certain: North We cannot afford to minimize the po- At that point, I noted that the list il- Korea does not have a history of con- tential threat this new complex rep- luminated an extraordinarily consist- cealing and protecting cultural activi- resents. ent North Korean pattern of alternat- ties and fast food restaurants. It does The other countries I have mentioned ing minor and manipulative gestures of have a history of building underground that launched missiles under crisis cir- goodwill with acts of terror and provo- military installations, including for cumstances or, in the case of the So- cation toward its South Korean neigh- the construction of ballistic missiles. viet Union, within the context of great- bor. To that list, we can now add new North Korea does not deserve the bene- ly heightened tensions, were largely provocations towards Japan and the fit of the doubt. We have no option deterrable. They could, we calculated, United States. other than to assume that the exca- be dissuaded from taking that final And make no mistake—Monday’s vation activities northeast of step into the abyss. Far less certain is missile firing was a message to the Yongbyon are designed with hostile in- the calculus involving the North Ko- Japanese and to us that North Korea tent. rean government. There is no reason to can strike our vital interests through- I will not mince words or phrase my believe that the regime of Kim Jong Il out the region. Japan’s declaration of beliefs diplomatically. I do not have is susceptible to the kind of delicate intent to terminate funding in support confidence the administration has in maneuvering and counter maneuvering S9768 CONGRESSIONAL RECORD — SENATE September 1, 1998 characteristic of relationships predi- wrong thing—for rule-breaking. It becomes At the state level, it is difficult to think of cated upon a balance of terror. On the an increasingly keen question whether any outrage that invites punishment these contrary, we are dealing with the most American accession to such a demand would days. India and Pakistan, for instance, are be more of an incentive to cheat or to com- under patchy sanctions for testing nuclear unpredictable regime on earth. ply. weapons last spring. But the countries and Critics of missile defenses like to Ordinarily, in a negotiation, the arbitrary regions where killing sprees are under way point out that deterrence through and hostile raising of the stakes by one or threatened (Kosovo, Congo, Sudan come threat of retaliation is all that is need- party, which is what North Korea is doing, immediately to mind) have generated little ed to dissuade an opponent from cross- would be taken as a sign of bad faith and more than handwringing. ing the ambiguous line that would trig- would cast into doubt the party’s commit- The Clinton Administration did interrupt ger an overwhelming U.S. response, in- ment to the stated goals of the negotiation. its long streak of inaction recently by firing cluding our use of nuclear weapons. In this case the North Koreans are able to some missiles at terrorist training facilities argue that Japan and South Korea and the in Afghanistan and a factory in Sudan said Saddam Hussein was ultimately de- European Union, as well as the United to be manufacturing chemical warfare com- terred from employing chemical weap- States, have been slow to pay as promised ponents. At the same time, however, we ons against U.S. and coalition forces for the light-water nuclear power reactors learned that the United States was taking during Operation Desert Storm by the and the fuel oil that make it possible for quite a different approach to Iraq’s suspected implied threat of a U.S. nuclear re- Pyongyang to renounce its nuclear ambi- chemical warfare program, and many have sponse. Ignored by such critics, how- tions. But what slows those countries down been calling off U.N. inspections of Saddam’s ever, are historically important is less bad faith than understandable cash- facilities in an effort to avoid a messy con- flow problems and, at root, the sickening incidences where dictatorial regimes frontation either with America’s allies or feeling that North Korea is playing them for with the dictator Washington was vowing to struck out in anger and defiance a fool. bomb into oblivion only six months ago. against the logic of deterrence. A de- Some suggest that the anti-proliferation Although an American inspector with the feated Germany fired missiles against countries should be more sympathetic to the U.N. team resigned in disgust last week, England designated ‘‘V’’ for ‘‘Venge- political requirements of Kim Jong Il as he there is no sign that his gesture of displeas- ance,’’ and an equally defeated Iraq reaches to consummate the transition from ure with both U.N. and U.S. prevaricating heir apparent to leader in his own right. This similarly lashed out against Israel with over Iraq will change the status quo. In one is absurd. The leadership of North Korea, of the most bizarre developments yet, a Su- a barrage of missile attacks. whatever it is, has assumed national compli- danese official announced to the world that North Korea is a defeated country in ance obligations which, if they are not fully there was no way the bombed factory was terms of the level of famine and the ut- binding, are valueless. The notion that North making chemical weapons because it had the terly wretched condition of its society. Korea’s defiance is a device intended to ex- ultimate seal of approval in the form a U.N. Its willingness to strike out irration- tract concessions from Washington may have permit to export ‘‘medicines’’—to Iraq. At ally must be assumed. That is why I some truth to it. It puts an extra burden on the very least, that would seem to open up a offer these amendments here today. the Clinton administration to show that no very wide avenue for examining the U.N.’s concessions are available by that route. If That is why I once again come to the decision to pick that particular factory for that threatens to upend the whole negotia- special exemption from sanctions so it could floor of the Senate to decry this admin- tion—and it may—then North Korea alone engage in trade with a country suspected of istration and the United Nation’s han- will have to account for it. making weapons of mass destruction. dling of relations with North Korea. But that would mean lifting up the same The situation on the Korean peninsula [From the Wall Street Journal, Sept. 1, 1998] U.N. petticoats that the United States is now is too inflammatory, the North Korean PYONGYANG’S PROVOCATION used to hiding behind whenever Washington regime too unpredictable and violent North Korea test-fired a new long-range can’t or won’t come up with policies of its for Congress to take anything other ballistic missile over Japan Monday, own. If you ask American officials why they have walked away from the dangerous mess than the strongest measures to dem- prompting some stern words from Tokyo, but earning rewards from almost everyone in Afghanistan, they will tell you that they onstrate our resolve to confront the else concerned. That’s the way it works are supporting a U.N. process to bring peace threat accordingly. these days. Only last week, Washington and to that unhappy country. In Afghanistan’s Mr. President, I ask unanimous con- Seoul told North Korea that its suspected case, it amounts to an excuse for doing noth- sent the following articles be printed in new nuclear weapons plant does not violate a ing while an entire region veers toward the RECORD: The Washington Post, 1994 agreement freezing the North’s bomb chaos. Meanwhile, senior policy makers have Tuesday, September 1, ‘‘North Korea’s program. If building more nukes is no big their minds free to think about countries Defiance’’; today’s, September 1, Wall deal, who’s going to complain about a few like North Korea—which have figured out that while nickel-and-dime killers like Street Journal, ‘‘Pyongyang’s Provo- missiles to deliver them with? Among other things, lobbing a Daepodong Osama bin Laden get bombed for their sins, cation’’; New York Times, Wednesday, I into the Pacific was probably an advertise- if you fire a long-range ballistic missile over August 19, ‘‘North Korea’s Nuclear Am- ment by the world’s leading missile supplier Japan and revive your nuclear weapons pro- bitions’’; and August 24, a Washington to some of the world’s scariest customers, in- gram, you get a strange new respect and an Post editorial entitled ‘‘Politics of cluding Iraq, Iran, Syria and Pakistan. It offer of $4.6 billion. Blackmail.’’ also may have been a kind of giant birthday [From the New York Times, Aug. 19, 1998] There being no objection, the articles candle ahead of next week’s 50th anniversary were ordered to be printed in the of North Korea’s founding, and the possible NORTH KOREA’S NUCLEAR AMBITIONS accession of dictator Kim Jong II to the North Korea seems to have been caught RECORD, as follows: presidency. Most certainly, North Korea was preparing to betray its 1994 commitment to [From the Washington Post, Sept. 1, 1998] telling the U.S., South Korea and other part- trade in its nuclear weapons ambitions for $6 NORTH KOREA’S DEFIANCE ners in the ill-starred nuclear power plant billion in international assistance. American North Korea is outdoing itself. In barely a and oil giveaway consortium—also known as intelligence agencies have detected construc- week’s time it has been caught building a se- KEDO—that if those gifts aren’t forthcoming tion of an elaborate underground complex. If cret underground nuclear facility, and now it soon, there’s always another missile in completed, the nuclear reactor and pluto- has conducted a test of a new longer-distance Pyongyang’s pipeline. nium reprocessing plant expected to be built missile. The North Koreans even had the ef- It worked. Within hours of splashdown— there could allow the North to produce as frontery and the foolishness to fire the sec- originally reported to be in the Sea of many as half a dozen nuclear bombs two to ond stage of this missile across sovereign Japan—Seoul promised to pay 70% of the $4.6 five years from now. Washington must insist Japanese soil—an unmistakable attempt to billion cost of building North Korea two nu- that work on this project be halted imme- intimidate a nervous neighbor and, indi- clear power plants, and Washington eagerly diately. If North Korea wants economic co- rectly, its patrons. reconfirmed a pledge to arrange the financ- operation from the United States it must The Stalinist regime’s purpose seems ing needed. Japan spoiled the party by refus- honor its promise to renounce all nuclear clear. As it acknowledges, it has little else of ing to sign on for $1 billion of the reactor weapons activity. value to export except the weapons it has ac- costs. But what should upset Tokyo most is cumulated to sustain its self-isolating hedge- how Bill Clinton has ensured that the U.S.— [From the Washington Post, Aug. 24, 1998] hog pose. Its missile exports, put at $1 billion and by extension Japan and America’s other POLITICS OF BLACKMAIL a year, go to the rule-breaking countries, in- allies—has no hope of an effective theater It’s doubly bad news that North Korea is cluding Iraq, Iran, Syria and Pakistan. The missile defense anytime soon. Looking building a secret underground nuclear facil- negotiation on freezing its bomb capabilities around at the world today, in fact, it would ity. First, the idea that North Korea’s Sta- that it has been conducting with a group of appear that millions survive only because no linist, hostile and repressive regime may countries led by the United States amounts crazed dictator or terrorist gang has got once again—or still—be committed to ac- to a demand that it be paid off for doing the around to targeting them. quiring nuclear weapons is ominous in its September 1, 1998 CONGRESSIONAL RECORD — SENATE S9769 own right. But the report calls into question vided funding to KEDO under an which country is a tiny, isolated, ter- as well a 1994 U.S.-North Korea agreement ‘‘Agreed Framework’’ negotiated by rorist regime violating international that is the basis for all other American deal- this administration with the leadership agreements and which country is a su- ings, with that isolated state. From the start, there’s been a question of of the Democratic People’s Republic of perpower pulling the weight for the who was stringing whom along with that Korea. international community. This must agreement. Alarmed that North Korea was Although this framework agreement change. accumulating weapons-grade plutonium, the was never submitted to the Congress Mr. President, Senator MCCAIN’s United States in 1994 agreed to lead a coali- for ratification, the Administration amendment is a step in the right direc- tion of interested nations that would provide has come to Congress each year to ask tion, and I urge its immediate adop- the impoverished North Koreans with two for more and more money to carry out tion.∑ nuclear reactors of no military use, and a the Framework provisions to supply Mr. MCCAIN. Mr. President, I ask quantity of fuel oil, in exchange for the the North Koreans with heavy fuel oil mothballing of a plutonium-producing reac- unanimous consent that Senator KYL tor and other weapons facilities. The idea and to run KEDO. Each year, the Ad- be allowed to speak after the vote. I was to buy time, assuming that the world’s ministration has said that this is also ask unanimous consent that the last pure Stalinist dictatorship couldn’t last money well spent because the Agreed vote on this amendment, the recorded forever, and it was a chance worth taking. Framework has frozen and stopped the rollcall vote on this amendment, be set But the danger was that the North Koreans North Korean nuclear program. aside pending the determination of the were buying time themselves, taking advan- I have been skeptical of the Agreed managers. tage of U.S. generosity while pursuing their Framework since its inception. I have The PRESIDING OFFICER. Without nuclear ambitions. never understood how United States Outside nations have faced a similar di- objection, it is so ordered. lemma as they confront famine in North negotiators agreed to a deal that did Mr. McCAIN. I yield the floor. Korea. There’s little question that thousands not allow international inspectors im- The PRESIDING OFFICER. The Sen- are dying of hunger; there’s no question that mediate and complete access to North ator from Utah. this starvation is entirely political, a result Korea’s nuclear program, including the AMENDMENT NO. 3506 of North Korea’s wildly flawed economics two suspected but undeclared nuclear Mr. BENNETT. I call for the regular and the regime’s total denial of freedom to waste sites. Not only did this failure to its people. The West, including the United order with respect to the Specter demand complete access mean that we amendment. States, provides free food nonetheless. This might never know how much pluto- is in part out of humanitarian principles and The PRESIDING OFFICER. The Sen- the belief that food should never be a politi- nium the North Koreans diverted prior ator has that right. The pending cal weapon, but it is also out of fear that a to the 1994 crisis, but it has also led to amendment is No. 3506, offered by the collapse in North Korea could cause the re- this situation where the much heralded Senator from Pennsylvania. gime to lash out in some lunatic and de- ‘‘freeze’’ may have provided convenient Mr. BENNETT. Mr. President, I sug- structive way. cover for North Korea’s more sinister gest the absence of a quorum. On both counts, in other words, the North plans. Korean regime successfully has practiced the The PRESIDING OFFICER. The In the year following the signing of clerk will call the roll. politics of blackmail. If North Korea is tak- the Agreed Framework, former Major- ing the ransom—fuel and food—and going The assistant legislative clerk pro- ahead with its weapons program, then it be- ity Leader Bob Dole and I successfully ceeded to call the roll. comes clear that the blackmail policy has added amendments to prohibit North Mr. WELLSTONE. Mr. President, I failed—clear that North Korea is stringing Korea from receiving foreign assist- ask unanimous consent that the order America along and not the reverse. So far ance until the President certified to for the quorum call be rescinded. the Clinton administration insists, at least Congress that North Korea’s nuclear in public, that North Korea is not yet in vio- The PRESIDING OFFICER. Without threat had been eliminated. Both times objection, it is so ordered. lation of the 1994 agreement. The legal tech- the amendments were dropped in con- nicalities it cites—such as that the 15,000 ference at the insistence of the Clinton PRIVILEGE OF THE FLOOR workers have not yet begun pouring cement Mr. WELLSTONE. Mr. President, I for the new facility’s foundation—are not re- Administration. Senator MCCAIN and I have come to the floor countless times ask unanimous consent that John assuring. We hope that in private the admin- Bradshaw, who is a fellow in my office, istration is delivering a far firmer message. since then to try and correct loopholes If North Korea’s nuclear program is continu- in the Agreed Framework. I felt then, be allowed the privilege of the floor for ing, it shouldn’t take long to figure that the as I feel today, that the Agreed Frame- the duration of the debate on this bill. whole deal must be off. work did nothing to eliminate the nu- The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, these are clear threat from North Korea. objection, it is so ordered. important articles. They point out the In the last several weeks, disturbing Mr. WELLSTONE. I thank the Chair. history of our relations with North intelligence information has surfaced I suggest the absence of a quorum. Korea on this issue. Also, ‘‘. . . the ill- that North Korea is constructing a vast The PRESIDING OFFICER. The starred nuclear power plant and oil underground complex that may be the clerk will call the roll. giveaway consortium—also known as site of another nuclear facility. This The assistant legislative clerk pro- KEDO—that if those gifts aren’t forth- development alarms, but does not sur- ceeded to call the roll. coming soon, there’s always another prise, the Senator from Alaska. Mr. MCCONNELL. Mr. President, I missile in Pyongyang’s pipeline.’’ I Mr. President, the United States ask unanimous consent that the order think they are important additions to must demand immediate access to this for the quorum call be rescinded. the record. site before another penny of taxpayer The PRESIDING OFFICER. Without (At the request of Mr. MCCAIN, the dollars goes to subsidize this terrorist objection, it is so ordered. following statement was ordered to be regime. AMENDMENT NO. 3524 printed in the RECORD) If the North Korean regime is ready (Purpose: To make available assistance for ∑ Mr. MURKOWSKI. Mr. President. I to put aside its drive for nuclear arms Georgia for infrastructure for secure com- rise today in support of Senator and to move toward the family of na- munications and surveillance systems) MCCAIN’s amendment restricting the tions, then I believe the United States Mr. MCCONNELL. Mr. President, one transfer of funds to the Korean Penin- should rightfully welcome such a move of the amendments on the list pre- sula Energy Development Organization and offer ‘‘rewards.’’ However, I strong- viously approved has been cleared on (‘‘KEDO’’) until the President certifies ly believe that North Korea must offer both sides, an amendment by Senator that North Korea is not actively pursu- the concessions, and not the other way BROWNBACK with regard to Georgia. I ing the acquisition or development of a around. send it to the desk and ask for its im- nuclear capability and is fully meeting For too long, I believe we have let mediate consideration. its obligations under the Treaty on the the North Korean government dictate The PRESIDING OFFICER. If there Non-Proliferation of Nuclear Weapons. the terms of negotiations, while they is no objection, the clerk will report Mr. President, it is unfortunate that gained valuable time to push the sus- the amendment. such language is necessary. For almost pected nuclear program ahead. From The assistant legislative clerk read four years, the United States has pro- the track record, it is hard to tell as follows: S9770 CONGRESSIONAL RECORD — SENATE September 1, 1998 The Senator from Kentucky [Mr. MCCON- ability to maintain the safety and reli- the test ban than on protecting the NELL], for Mr. BROWNBACK, proposes an ability of our vital nuclear deterrent. American people from ballistic missile amendment numbered 3524. There are strong signs that India’s attack. Mr. MCCONNELL. Mr. President, I decision to test nuclear weapons was, Sure, I have heard the White House ask unanimous consent that the read- in part, a response to pressure to sign and the liberal media attempt to spin ing of the amendment be dispensed the CTBT. Ironically, the most tan- India’s and Pakistan’s actions into a with. gible result of this treaty seems to be justification for the CTBT. And some The PRESIDING OFFICER. Without a nuclear arms race in Southeast Asia. seem to have bought it hook-line-and- objection, it is so ordered. So I just think this is not the time or sinker. But as the Senate Foreign Re- The amendment is as follows: the place to debate this treaty. Any- lations Committee heard a week after On page 26, line 5, insert ‘‘and infrastruc- thing less than 67 votes in support of the Indian tests, from several expert ture for secure communications and surveil- this amendment will send a strong sig- witnesses, India’s nuclear tests dem- lance systems’’ after ‘‘training’’. nal that the Senate is prepared to re- onstrate that the CTBT is a complete Mr. MCCONNELL. This amendment ject this treaty. So I question even the sham from a nonproliferation stand- has been cleared on both sides, Mr. proponents of the treaty wanting to do point. President. this at this particular time. Mr. President, this Senator will take The PRESIDING OFFICER. If there Whatever the arguments for or no part in papering over India’s actions is no objection, the amendment is against the treaty, putting millions in with another ban on nuclear testing. agreed to. this organization does not make sense The world already has one such treaty, The amendment (No. 3524) was agreed at this time. So I urge the defeat of called the Nuclear Nonproliferation to. this amendment. Treaty (NPT). We should demand that Mr. MCCONNELL. Mr. President, I I yield the floor, Mr. President. I be- India sign on to that treaty, which al- move to reconsider the vote by which lieve we are prepared to go to the vote. ready has 185 States Parties and has the amendment was agreed to, and I (At the request of Mr. LOTT, the fol- been in force since 1970, not a ‘‘Johnny- move to lay that motion on the table. lowing statement was ordered to be come-lately’’ CTBT, which is—in all re- The motion to lay on the table was printed in the RECORD.) spects—a far weaker version of the Nu- agreed to. ∑ Mr. HELMS. I strongly oppose this clear Nonproliferation Treaty. The Mr. MCCONNELL. I suggest the ab- amendment, which seeks to provide point is, Mr. President, there would be sence of a quorum. funds to the Preparatory Commission no cause for worry about Indian nu- The PRESIDING OFFICER. The for the Comprehensive Test Ban Trea- clear tests if India has agreed not to clerk will call the roll. ty. have these weapons in the first place. The assistant legislative clerk pro- As I advised the President on Janu- On the other hand, only less than two ceeded to call the roll. ary 21, of this year, at the conclusion dozen countries have ratified the Mr. LOTT. Mr. President, I ask unan- of Senate debate on NATO expansion, CTBT, of whom only 6 are on the list of imous consent that the order for the the Foreign Relations Committee the 44 key countries which, pursuant to quorum call be rescinded. would then turn its attention to sev- Article 14 of the treaty, must ratify be- The PRESIDING OFFICER (Mr. eral other critical, pressing matters fore it can enter into force. In other BROWNBACK). Without objection, it is so which could affect the security of the words any one of these 44 countries (for ordered. American people and the health of the example, India, Pakistan, North Korea, AMENDMENT NO. 3506 United States’ economy. Chief among or Iran) can single-handedly derail the Mr. LOTT. For the information of all these are the agreements on Comprehensive Test Ban Treaty’s Senators, we do have an amendment on Multilateralization and Demarcation (CTBT) entry into force. which we are ready to vote. After brief of the 1972 Anti-Ballistic Missile (ABM) That is why, Mr. President, the CTBT remarks, I believe we will be prepared Treaty. is so low on the Committee’s list of pri- to go to a vote on that amendment. The President promised more than a orities. It has no chance of entering We will then go to the low-level year ago to submit these treaties for into force in the foreseeable future, re- waste compact between Texas, Maine the Senate’s advice and consent, but gardless of what the U.S. Senate does, and Vermont. I believe the vote will be we are yet to see that promise fulfilled. and regardless of whether we waste on that tomorrow morning. There will Nevertheless, the Foreign Relations funds on the Preparatory Commission. be some time before the vote, but I be- Committee intends to pursue hearings I regret that it was necessary to come lieve it is 30 minutes equally divided, on a number of associated issues—such to the Senate floor and explain such an or I hope that will be the time for a re- as the recent Rumsfeld Commission re- obvious fact. corded vote. port—with the presumption that the All of this, of course, is without re- Before we vote, though, I do want to President’s promise will be honored in spect to the fact that the CTBT, by urge my colleagues to oppose this the near term. preventing tests to ensure the safety amendment. First, there is no treaty to Indeed, Mr. President, in listening to and reliability of the U.S. nuclear de- monitor, and there will not be one in various justifications for the proposed terrent, is a bad idea from a national the foreseeable future. Until all 44 amendment (which discuss the ongoing security standpoint, but that is a de- specified nations ratify the Com- development of nuclear weapons by bate better reserved for a time and prehensive Test Ban Treaty, it will not India, Pakistan, North Korea, Iran, place when the CTBT realistically has enter into force. So to be providing Iraq, etc.) I was struck by the urgent a chance of entering into force. funds before we have anything to mon- need—not for another arms control In sum, Mr. President, I oppose the itor seems very questionable to me. treaty—but for a national missile de- Specter amendment on both jurisdic- We have not acted on this treaty. fense to protect the United States from tional and substantive grounds. Now it And certainly something of this mag- these nuclear weapons when they are is my understanding, on the basis of as- nitude should be given very serious, mounted on intercontinental ballistic surances given by the staff of the For- careful and extensive thought by the missiles. eign Operations subcommittee, that no committee of jurisdiction and by the Let me repeat that for the purpose of funds can be provided to the Pre- full Senate. We should not provide the emphasis. The last thing the United paratory Commission without notifica- funding that prejudges whatever the States needs is another arms control tion to and approval by the Foreign Senate may or may not do before it treaty. In presuming to fund the Pre- Relations Committee. However, that takes up the Comprehensive Test Ban paratory Commission, and in attempt- said, this amendment is part and parcel Treaty. ing to dictate to the Foreign Relations of the Clinton Administration’s effort Beyond that, I have grave reserva- Committee that CTBT consideration to cover up the collapse of its non- tions, I admit, about whether the take precedence over the planned ABM proliferation policy. By promoting the CTBT is in America’s national interest. Treaty hearings, the Senator from CTBT with no mention of the NPT, the I am not convinced it is effectively ver- Pennsylvania (Mr. SPECTER) obviously Clinton Administration and Senator ifiable. I am convinced it will limit our is willing to place a higher priority on SPECTER propose a course of action September 1, 1998 CONGRESSIONAL RECORD — SENATE S9771 that will de facto legitimize Indian and and the Senator from Hawaii (Mr. the health and nutrition of children, Pakistani possession of these weapons, INOUYE) are necessarily absent. address the various problems of young just so long as they are not caught The result was announced—49 yeas, people struggling to survive in develop- testing them. Such a policy sets a poor 44 nays, as follows: ing countries. It places a priority on precedent—if one is worried that other [Rollcall Vote No. 254 Leg.] the needs of the more than 100 million countries, such as Iran and Iraq, might YEAS—49 children worldwide who are displaced and/or have become orphans. seek to withdraw from the NPT, and Akaka Durbin Lieberman escape international opprobrium by Baucus Feingold Mikulski The Fund includes initiatives to curb signing on to the CTBT as a declared Bennett Feinstein Moseley-Braun the resurgence of communicable dis- nuclear power. Biden Ford Moynihan eases such as malaria and tuberculosis. Boxer Graham Murray In the underdeveloped world, the Fund Instead, the Senate should demand Breaux Harkin Reed that India and Pakistan join the NPT, Bryan Hollings Reid works towards eradicating polio as well and should insist on vigorous inter- Bumpers Jeffords Robb as preventing and controlling the national sanctions against proliferant Byrd Johnson Rockefeller spread of HIV/AIDS. Campbell Kennedy Sarbanes Aside from addressing issues of countries, to be lifted only after their Chafee Kerrey Specter nuclear programs have been rolled Cleland Kerry Stevens health, the Fund also supports basic back. Conrad Kohl Torricelli education programs. An investment in D’Amato Landrieu Wellstone education yields one of the highest so- India’s nuclear testing also is com- Daschle Lautenberg Wyden pelling, additional evidence pointing to Dodd Leahy cial and economic rates of return—be- the need for a national missile defense Dorgan Levin cause it gives children the necessary tools to become self-sufficient adults. to protect the United States. Because NAYS—44 India can readily reconfigure its space- Each additional year of primary and Abraham Gorton McConnell secondary schooling results in a 10–20% launch vehicle as an intercontinental Allard Grams Nickles ballistic missile (ICBM), its actions Ashcroft Grassley Roberts wage increase and a 25% net increase in clearly constitute an emerging nuclear Bond Gregg Roth income. Brownback Hagel Santorum threat to the United States. For this The programs supported by the Child Burns Hatch Sessions Survival Fund are effective because reason, it is time that the Foreign Re- Coats Hutchinson Shelby they save three million lives each year lations Committee review the anti- Cochran Hutchison Smith (NH) Collins Inhofe Smith (OR) through immunizations, vitamin sup- quated ABM Treaty, which precludes Coverdell Kempthorne Snowe plementation, oral rehydration ther- the United States from deploying a Craig Kyl Thomas apy, and the treatment of childhood missile defense. Sad to say, the Specter DeWine Lott Thompson respiratory infections, which are the amendment plays into the hands of Enzi Lugar Thurmond Faircloth Mack Warner second largest killer of children on those who seek to detract attention Frist McCain earth. This year the Kiwanis Inter- from this effort. national are leading a global campaign Finally, Mr. President, India’s (and NOT VOTING—7 to raise seventy-five million dollars to- Pakistan’s) actions should make clear Bingaman Gramm Murkowski Domenici Helms ward the elimination of Iodine Defi- to all just how vital the U.S. nuclear Glenn Inouye ciency Disorder which is the world’s deterrent is to the national security of most prevalent cause of preventable the United States. What is needed, at The amendment (No. 3506) was agreed mental retardation in children. Elimi- this time, is not a scramble for an arms to. nating the symptoms and causes of this control treaty that prohibits the Mr. SPECTER. Mr. President, I move to reconsider the vote. poverty is not only the humane thing United States from guaranteeing the to do—it is also a necessary pre- safety and reliability of its nuclear Mr. MCCONNELL. I move to lay that motion on the table. requisite for global stability and pros- stockpile. What is needed is a careful, perity. bottoms-up review of the state of the The motion to lay on the table was agreed to. In my view, Congress needs to main- U.S. nuclear infrastructure, which I tain its support for these valuable pro- fear is in sad repair after six years of a THE CHILD SURVIVAL AND DISEASE PROGRAMS FUND grams. It is my hope that the Senate moratorium. I expect that, after under- Foreign Operations Subcommittee will taking such a review, the United Mr. DEWINE. Mr. President, I would like to express my strong support for accept the House language. The Child States will find that the CTBT is the Survival and Disease programs are ef- very last thing the United States the Child Survival and Disease Pro- gram Fund. I understand that the fective and are important. They should should consider doing. be continued. I would like to commend House Committee on Appropriations, Mr. President, I do hope Senators Representatives TONY HALL of Ohio and as a part of its Foreign Operations, Ex- will oppose the Specter amendment.∑ SONNY CALLAHAN of Alabama for their port Financing, and Related Programs The PRESIDING OFFICER. Is there tireless leadership in the effort to Bill, has recommended that $650 mil- further debate on the Specter amend- eliminate global hunger. ment? lion be allocated to the Fund’s pro- I see the Chairman of the Senate For- If not, the question is on agreeing to grams for fiscal year 1999. On the House eign Operations Subcommittee on the amendment No. 3506 offered by the Sen- side, Subcommittee Chairman CAL- floor. ator from Pennsylvania, Mr. SPECTER. LAHAN has taken the lead in protecting Mr. MCCONNELL. I thank the Sen- The yeas and nays have been ordered. these child survival programs and I ator from Ohio for his statement. I The clerk will call the roll. commend him for his leadership on this have listened very carefully to his re- The legislative clerk called the roll. issue. The Clinton administration, marks, and I commend him for his tire- Mr. NICKLES. I announce that the however, has reduced direct funding for less efforts in supporting children’s Senator from New Mexico (Mr. DOMEN- child survival programs. In order to causes, here in the United States and ICI), the Senator from Texas (Mr. preserve the benefits of these impor- throughout the world. I would like to GRAMM), and the Senator from Arkan- tant programs for children worldwide, I assure him that I will give every pos- sas (Mr. MURKOWSKI) are necessarily believe the Senate should accept in sible consideration to his request when absent. conference the House language that we go to conference. I also announce that the Senator was agreed to in Committee for this Mr. DEWINE. I thank my distin- from North Carolina (Mr. HELMS) is ab- Fund. guished friend from Kentucky, and I sent because of illness. It is a tragedy that millions of chil- yield the floor. I further announce that, if present dren die each year from disease, mal- Mr. ALLARD. Mr. President, I sug- and voting, the Senator from North nutrition, and other consequences of gest the absence of a quorum. Carolina (Mr. HELMS) would vote ‘‘no.’’ poverty that are both preventable and The PRESIDING OFFICER. The Mr. FORD. I announce that the Sen- treatable. The programs of the Child clerk will call the roll. ator from New Mexico (Mr. BINGAMAN), Survival Fund, which are intended to The legislative clerk proceeded to the Senator from Ohio (Mr. GLENN), reduce infant mortality and improve call the roll. S9772 CONGRESSIONAL RECORD — SENATE September 1, 1998

Mr. MCCONNELL. Mr. President, I Mr. McCONNELL. Mr. President, I Senator from Minnesota, it is not my ask unanimous consent that the order move to reconsider the vote and move understanding an hour would be re- for the quorum call be rescinded. to lay it on the table. served. I understand most of the time The PRESIDING OFFICER. Without The motion to lay on the table was will be used this evening, with the ex- objection, it is so ordered. agreed to. ception of 15 minutes to be equally di- AMENDMENT NO. 3525 f vided prior to the vote tomorrow. (Purpose: To require a report on Iraqi Mr. WELLSTONE. Mr. President, I development of weapons of mass destruction) TEXAS LOW-LEVEL RADIOACTIVE say to my colleague, it is unfortunate Mr. MCCONNELL. Earlier today, due WASTE DISPOSAL COMPACT CON- that maybe there were a number of dif- to a mistake, an amendment by Sen- SENT ACT—CONFERENCE RE- ferent parties involved in this, but I ator BOND was, we thought, approved PORT was very clear that I wanted to make but in fact was not sent to the desk. It Mr. McCONNELL. Now, Mr. Presi- sure there was time for this debate also is agreed to by both sides. So I would dent, I ask unanimous consent that the tomorrow morning, not late tonight. like to send the BOND amendment to Senate proceed as under the order to I say to colleagues—it is not personal the desk and ask for its immediate con- the Texas Low-Level Waste Disposal to my colleague from Maine—I am sideration. Compact conference report. going to object to adjournment to- The PRESIDING OFFICER. The The PRESIDING OFFICER. Under night, and Senators are going to have clerk will report the amendment. the previous order, the clerk will re- to come back here tonight at midnight The legislative clerk read as follows: port the conference report. and vote if I don’t get a half an hour The Senator from Kentucky [Mr. MCCON- The legislative clerk read as follows: tomorrow. I know what was said. I NELL], for Mr. BOND, proposes an amendment The committee on conference on the dis- know what was the understanding, and numbered 3525. agreeing votes of the two Houses on the this is an important enough issue that Mr. MCCONNELL. Mr. President, I amendment of the Senate to the bill (H.R. tomorrow morning—and the other side ask unanimous consent that reading of 629) have agreed to recommend and do rec- can take a half hour, too—that we the amendment be dispensed with. ommend to their respective Houses this re- should have a debate. It shouldn’t go The PRESIDING OFFICER. Without port, signed by all of the conferees. from 7 o’clock now until 10 o’clock, objection, it is so ordered. The PRESIDING OFFICER. Without time is burned off, no time to discuss The amendment is as follows: objection, the Senate will proceed to At the appropriate place in the bill, insert this tomorrow morning, and then there the following: the consideration of the conference re- is a vote. I think that is unacceptable. (a) FINDINGS.—Congress finds that— port. I guess we are starting the debate off (1) Iraq is continuing efforts to mask the (The conference report is printed in in the wrong way. In all due respect, a extent of its weapons of mass destruction the House proceedings of the RECORD of lot of the decisions made on this mat- and missile programs; July 16, 1998.) ter have been made kind of in the dark (2) proposals to relax the current inter- Mr. ALLARD. I suggest the absence national inspection regime would have po- of night in the conference committee. I of a quorum. want part of this debate to be open. I tentially dangerous consequences for inter- The PRESIDING OFFICER. The national security; and want Senators to be aware of this. I (3) Iraq has demonstrated time and again clerk will call the roll. want the public to be aware of it. that it cannot be trusted to abide by inter- Mr. WELLSTONE. I ask unanimous I renew my request one more time national norms or by its own agreements, consent the quorum call be rescinded. just so I know where I am at tonight. and that the only way the international Mr. ALLARD. I object. I ask unanimous consent that we have community can be assured of Iraqi compli- The PRESIDING OFFICER. Who an hour equally divided tomorrow ance is by ongoing inspection. yields time on the conference report? morning before final vote. (b) SENSE OF CONGRESS.—It is the sense of The majority leader. Congress that— Ms. SNOWE. Mr. President, reserving (1) the international agencies charged with Mr. LOTT. Mr. President, I yield the right to object, it may well have inspections in Iraq—the International Atom- time to myself off the time for the con- been the understanding of the Senator ic Energy Agency (IAEA) and the United Na- ference report and observe the absence from Minnesota that an hour would be tions Special Commission (UNSCOM) should of a quorum. set aside. That was not my understand- maintain vigorous inspections, including The PRESIDING OFFICER. The ing in terms of how this time would be surprise inspections, within Iraq; and clerk will call the roll. divided, other than to say that most of (2) the United States should oppose any ef- The legislative clerk proceeded to the time was to be used this evening, forts to ease the inspections regimes on Iraq call the roll. until there is clear, credible evidence that with the exception of 15 minutes to be the Government of Iraq is no longer seeking Mr. WELLSTONE. Mr. President, I equally divided tomorrow. to acquire weapons of mass destruction and ask unanimous consent that the order I will agree to half an hour equally the means of delivering them. for the quorum call be dispensed with. divided, if that will accommodate the (c) REPORT.—Not later than 30 days after The PRESIDING OFFICER. Without Senator from Minnesota. But I, and I the date of enactment of this Act, the Presi- objection, it is so ordered. think the others involved in this de- dent shall submit a report to Congress on the Mr. WELLSTONE. Mr. President, it bate, prefer to do most of the debate United States Government’s assessment of may be, I say to my colleagues, be- Iraq’s nuclear and other weapons of mass de- this evening. That was our understand- struction programs and its efforts to move cause I have friends out here on the ing. toward procurement of nuclear weapons and floor and we may have some real dis- Mr. WELLSTONE. Mr. President, I the means to deliver weapons of mass de- agreement on this, but I want to make say to my colleague, I am going to struction. The report shall also— sure we proceed on this together. I stick to this because this is, I think, an (1) assess the United States view of the think on the order of this, the pro- important issue. It takes time to lay International Atomic Energy Agency’s ac- ponents might want to go first. That is out the context and the background. I tion team reports and other IAEA efforts to fine with me. I want to make sure we know the way it works here. This now monitor the extent and nature of Iraq’s nu- can have one understanding. Before the has been put off close to 7 o’clock. I un- clear program; and (2) include the United States Government’s recess, it was my understanding, albeit derstand that. I just think that 15 min- opinion on the value of maintaining the on- not a written contract, that we would utes is not a lot of time to go into the going inspection regime rather than replac- not burn up all the time; that we would complexity of this. I know at least ing it with a passive monitoring system. reserve 1 hour equally divided for to- what was my understanding, and I say Mr. McCONNELL. Mr. President, morrow before the final vote. I ask to my colleague from Maine, this was there is no objection to the amend- unanimous consent that we at least not a direct conversation with her. In ment. have that final hour to be equally di- no way, shape, or form am I trying to The PRESIDING OFFICER. If there vided before the vote tomorrow. say she had implied otherwise. is no objection, the amendment is The PRESIDING OFFICER. The Sen- I am going to be firm about this. Per- agreed to. ator from Maine. haps we could—and I wouldn’t be to- The amendment (No. 3525) was agreed Ms. SNOWE. Mr. President, reserving tally satisfied with it—but perhaps we to. the right to object, I mention to the could save colleagues some trouble and September 1, 1998 CONGRESSIONAL RECORD — SENATE S9773 do 40 minutes equally divided. I ask previous years. So this compact is not strongly declared his support for the unanimous consent that there be 40 unlike any of the other nine previous compact, won his race for reelection. minutes, 20 minutes on each side, so compacts that have been adopted by This was an issue in his reelection, and colleagues don’t have to come back to- the U.S. Congress. the elections at the local level in this night and vote at midnight. It is very important for my col- county. The PRESIDING OFFICER. Is there leagues to understand that the lan- Two candidates for county commis- objection? guage ratified overwhelmingly by each sioner who also support the compact Without objection, it is so ordered. State legislature is the same language won their races over two opponents of Mr. WELLSTONE. Do my colleagues that has been passed by the conferees, the compact. And a local individual in want to proceed first? I say to the Sen- so that the compact will not have to be opposition to the compact was the only ator from Maine, would you like to returned to each State to go through a person on the ballot for Democratic proceed first? reratification process that would, in all Party Chair, and he lost to a write-in Ms. SNOWE. Mr. President, yes, I practicality, as well as reality, take candidate. will proceed first. I won’t be very long, several more years. In an August 25 letter, a top-elected and then both Senators from Vermont The compact that is before the Sen- official from Hudspeth, Judge Peace, are here this evening as well. I am will- ate has been approved by large majori- stated: ‘‘The truth is the socio- ing to go first in this debate. ties in all three State legislatures. The economic benefits for the residents of I yield myself such time as I may Texas Senate approved the compact in Sierra Blanca are enormous and over- consume. May of 1993 with a vote of 28–0, and by whelmingly positive.’’ The PRESIDING OFFICER. The Sen- a voice vote in the Texas House of Rep- Judge Peace also says, ‘‘I want you to know that the majority of citizens ator is recognized for the time she may resentatives. Governor Ann Richards favor the development of such a facil- consume. at the time signed the compact. The ity.’’ Further, he says, ‘‘The people of Ms. SNOWE. Mr. President, I say to compact is supported by the current Sierra Blanca and Hudspeth County the Members of the Senate, I rise today Governor, Governor George Bush. to ask for my colleagues’ support for The Vermont House voice voted the voiced their opinions for a better fu- ture and tangible real life advances the conference report on H.R. 629, the compact in March of 1994, and the Ver- that will make our communities more Texas Compact Consent Act of 1998, mont Senate voice voted the compact livable.’’ which reflects the original language in April of 1994. Governor Howard Dean ratified by the States of Maine, Ver- There is a grave concern in Maine signed the compact. and Vermont and Texas that there are mont, and Texas to address the safe The Maine Legislature approved the some in Congress who want to add stip- disposal of their low-level radioactive compact in June of 1993, by a house ulations on to the Texas Compact that nuclear waste. The 1980 Low-Level Ra- vote of 131 yeas to 6 nays, and a senate no other compact has had to endure. dioactive Waste Policy Act states that vote of 26 yeas and 3 nays. And that would be action that would it is the policy of the United States Additionally, Maine held a public ref- discriminate against these three that each State is responsible for pro- erendum on the compact in November viding for the availability of disposal States. of 1993, which passed by 73 percent. Again, as I mentioned earlier, there capacity, whether in State or out of Then-Governor John McKernan signed have been nine previous compacts. Not State, for waste generated within its the compact. Today it is supported as one of them have had any conditions or borders, and the act authorized inter- well by the current Governor, Angus stipulations as the ones that have been state compacts as a principal means of King. suggested by the Senator from Min- providing for this capacity. As Congress intended in the original nesota and others—none. And the com- The policy was reinforced in the 1985 law, the Low-Level Radioactive Waste pact is site neutral because that is a amendments to the act. The States of Disposal Act of 1980, and in amend- decision that has to be made by the Maine, Vermont, and Texas are now ap- ments enacted in 1985 by the Congress, State that will have the proposed facil- proaching the end of a long journey the Texas Compact is site neutral. Site ity. That, of course, is the State of that started in 1980 when Congress in- location questions are the exclusive Texas—but all consistent with the en- formed the States to form compacts to purview of the State of Texas and can vironmental and safety and health solve their low-level radioactive waste only be addressed through Texas politi- guidelines, not only at the Federal disposal problems. cal and regulatory processes. The cho- level, but at the State and the local My first chart shows the extent of sen site must, of course, meet Federal level as well. This is not irrespective; it the nine compact networks that have environmental, public health and safe- is not overriding those concerns. already been ratified by Congress. Cali- ty laws. To date, no site location has In fact, the conference report and the fornia, for instance, has had a compact been finalized. No license has been statute that is being proposed before with North and South Dakota, and Ha- granted. the Senate is very clear that they have waii and Alaska ship their low-level The compact does not determine who to follow specific and certain guide- waste to Washington State. pays what, how the storage is allo- lines. So that is the environmental jus- This chart designates all of the nine cated, or where the site is located. To tice that we are pursuing. No one is previous compacts that have been es- the contrary, the intent of the law is saying to override environmental jus- tablished with the various States for the States to develop and approve tice principles or regulations—abso- across this country. As you can see in and finalize these details after Con- lutely not. That is for the State in the second chart with the list of States gress has ratified the plan. question. I have faith and confidence in in the compact, Mr. President, when we The compact is only an interstate the State of Texas and the elected offi- adopted this report, Texas, Maine, and agreement providing the terms under cials and other officials involved in Vermont will become the 42nd, 43rd, which Maine and Vermont can dispose this procedural approach in determin- and 44th States to be given congres- of their waste at a licensed facility in ing where the proposed site should be sional approval to enter into a compact Texas, irrespective of where that facil- located. But that is a judgment that and will meet their responsibilities of ity is located. As we all know, there has to be made by the State of Texas disposal of their low-level waste from has been a proposed site. and consistent with their laws, and hospitals, medical centers, power- As to the statements by the oppo- Federal laws as well. plants, and shipyards. We will be the nents and by the Senator from Min- I might add that Senator 10th compact to receive the consent of nesota that there is no local support WELLSTONE’s own State of Minnesota is the U.S. Congress. Only 6 States out of for the proposed site, all I can say is already part of a compact that was 50 will not yet have formed a compact that earlier this year local support was ratified by Congress. And like all the with other States. certainly evidenced through local elec- other compacts that Congress has ap- Again, in referring to this chart, it tions that were held in Texas. The proved, Congress made no changes or shows that 41 States have entered into Hudspeth County judge, who is the top added any conditions or stipulations to nine different compacts, all of which elected official in the county where the that compact. There again, it was a de- have been ratified by the Congress in site has been proposed, and who has cision made by the State who is going S9774 CONGRESSIONAL RECORD — SENATE September 1, 1998 to have the facilities, but again in health, environmental, and safety benefits to Mr. WELLSTONE addressed the keeping with Federal environmental millions of Americans. Chair. and health and safety regulations, as Mr. President, I ask unanimous con- The PRESIDING OFFICER (Mr. AL- well as the State and local guidelines. sent to have the entire letter printed in LARD). The Senator from Maine still With congressional ratification of the RECORD. has the floor. Does the Senator yield? H.R. 629 and the conference report that There being no objection, the letter Ms. SNOWE. Well, Mr. President, I is before us today, Texas will move for- was ordered to be printed in the was going to yield to the Senator from ward to select an appropriate site for RECORD, as follows: Vermont. the disposal facility in a timely man- ORGANIZATIONS UNITED, Mr. WELLSTONE. I understand. I ner, most importantly, consistent with Washington, DC, July 29, 1998. gather my colleague doesn’t need a lot all of the applicable State and Federal Senator OLYMPIA J. SNOWE, of time. I ask unanimous consent that environmental, health and public safe- U.S. Senate, Washington, DC. I may follow the Senator from Ver- DEAR SENATOR SNOWE: As you consider ap- ty laws, as I have already mentioned. proving the conference report on the Texas mont. There is much that my colleague It has always been the decision of the Compact legislation, you must also consider said that I want to respond to, but I State of Texas as to where the facility the life-saving and life-extending medical will wait. will be sited. And it is not within the benefits which result from usage of The PRESIDING OFFICER. Without purview of the U.S. Senate to decide radioisotopes. Such benefits—prevention and objection, it is so ordered. for them. And I applaud the conferees treatment of cancer tumors, research for a Mr. JEFFORDS. Mr. President, this in their judgment of passing out a con- cure for AIDS, diagnosis and treatment of is always a very difficult subject when thyroid disorders, study of lung ventilation we talk about nuclear waste. We all ference report with the original lan- and blood flow—require responsible manage- guage ratified by Maine, Vermont and ment and disposal of low-level radioactive have a fear of nuclear waste and the the State of Texas. waste to ensure their continued operation. thought of radiation emanating from Without the protection of the com- Without ratification of the Texas-Maine-Ver- the ground in our neighborhoods or vi- pact, Texas will be compelled to—and I mont Compact and subsequent selection and sions of trucks driving down from repeat, compelled to—open their bor- development of a disposal site, the public Maine and Vermont and dumping waste ders to any other State for waste dis- will suffer a loss of these type of benefits be- into the fields of Texas. That is some- cause of the lack of a disposal facility. times what is described. But we are posal if they decide to create a new fa- Approval of the conference report and sup- cility or they will be in violation of the port for the Texas Low-Level Radioactive talking here about a well-conceived Interstate Commerce Clause of the Waste Disposal Compact bill will ensure that law which has set out a process for low- United States Constitution. This com- important medical research and electrical level waste. pact will protect Texas’ right to decide processes can continue to benefit the nation What is low-level waste? Well, it is what is best for the State of Texas. The and groups like Organizations United whose the gloves that come from the workers State will be able to construct a single members include associations representing in the atomic energy plants. It may be doctors, electric utilities, universities, and waste from the utilization of radio- engineered facility for storing and other researchers. management of all of its low-level Another important piece of the proposed active materials in our hospitals. It is waste rather than its current situation bill to remember is that it does not des- not the large nuclear rods that we are illustrated again on this chart in which ignate a disposal site for low-level radio- trying desperately to put somewhere. 684 temporary storage sites are strewn active waste; only the state of Texas has the We are talking about something that is far and wide across the State. Again, it authority to approve a site. Texas has not easily controllable. One would cer- made a final decision on where the facility shows in this chart 684 different facili- tainly ask this question: If there is so should be located. So, you will be voting for much problem, how come all the people ties across the State of Texas. the compact, which all three states nego- This compact will allow them to con- tiated in full compliance with all federal and in the area are voting and saying, yes, solidate into one facility. But if the state laws and with full support of their yes, bring it down? Why? Because there Congress did not approve this compact, leaders, and not a particular site. is a price tag to those States that have and the State of Texas wanted to go Please support the Texas Low-Level Radio- the waste. ahead and develop a new site, they active Waste Disposal Compact bill which Vermont and Maine are not very big will allow the continued use of low-level ra- would be required, without this com- States. We are going to be spending $25 dioactive materials that provide critical million sending it down, with other pact, to open up their facility to all of health, environmental, and safety benefits to the other States in the country for the millions of Americans. payments later, and creating a facility transport of low-level radioactive Sincerely, in this area that will provide jobs and waste. So that is why the State of ROBERT F. CARRETTA, M.D., economic help to an area that right Texas wants this compact, because Chairman. now is very low income, with no real then they would only be accepting Ms. SNOWE. Mr. President, to sum productivity or resources. So they will waste from the State of Vermont and up this issue, first and foremost, I have an opportunity to benefit very the State of Maine. think we need to understand that most substantially—maybe build a new Texas Compact members will now be other States have already entered into school, or other things—which would able to exercise appropriate, respon- compacts that have been ratified by not happen were it not for this com- sible control of their low-level nuclear the Congress. In fact, 41 States already pact. Also, we know well now how we waste as Congress has mandated. have compacts. The same compact that can control the nuclear waste from fa- I would like to put into the RECORD we are asking for support here in the cilities that have low-level waste. We the entire letter that I received from U.S. Senate has been already adopted know what to do with the high-level the Organizations United for Respon- by the House of Representatives by an waste, but we just can’t get the States sible Low-Level Radioactive Waste So- overwhelming margin. It has been sup- to come around to accepting it. That is lutions—a coalition made up of such ported by the conferees of both the a problem for the future. Right now we organizations as the American Society House and the Senate. are talking about low-level waste. of Nuclear Physicians, the American I urge my colleagues to support this The compact has the support of the Heart Association, and the National conference report that allows these Governors and the State legislatures of Association of Cancer Patients—who three States to enter into a compact Texas, Vermont and Maine. Passage of are dedicated to socially, environ- that is consistent with the mandates of this compact will allow these States to mentally, technically and economi- the laws that have been passed by the responsibly manage low-level waste cally responsible solutions to low-level Congress both in 1980, with the original produced by hospitals, power plants, waste disposal. I would like to quote act instructing the States that they industrial facilities, and medical re- one of their lines within the letter that must make decisions with respect to search laboratories in our State where I think speaks to this issue. the disposal of low-level radioactive we do not have a place to do this, and Please support the Texas Low-Level Radio- waste, and consistent with the amend- it creates a danger. Whereas, if it is active Waste Disposal Compact bill which ments to that act in 1985. shipped and properly handled and will allow the continued use of low-level ra- This compact is in keeping with the placed in areas where there is no dioactive materials that provide critical spirit and intent of those thoughts. chance to get into the groundwater and September 1, 1998 CONGRESSIONAL RECORD — SENATE S9775 all these things we have to worry about the Maine legislature, and the Vermont the party states, many issues have in our State, it can only benefit those, legislature approved the compact. arisen along the way to complicate the and especially in providing schools and Mr. President, we should continue to approval of the Compact. other things. work together in a bipartisan manner We have before us the Conference Re- We come to the floor today asking and pass this compact. port to the Compact that works out that our states be given the same Let’s ensure that institutions in these issues. This Conference Report rights as forty-one other states. In 1980, Maine, Texas, Vermont and all across insures that the will of the party states and again in 1985, Congress declared the United States have access to safe is followed. that states must provide for the dis- disposal sites for low-level radioactive When Congress passed the 1980 Low- posal of commercial low-level radio- waste. Level Nuclear Waste Policy Act, we active waste. Forty-one states have re- Let’s treat this compact just like we handed over to states the responsibil- sponded affirmatively to that mandate have treated all of the other nine. This ity of low-level waste disposal and en- and formed nine regional compacts. compact is not about the virtues or couraged them to enter into compacts These nine compacts have been ap- vices of nuclear power, industrial de- to provide disposal on a collective proved unanimously by the Senate, velopment or cancer research, it is basis. Nine of these compacts have already without amendment, and signed into about the safe disposal of low-level been approved by Congress. In this law. We ask for nothing more than waste. case, the states of Vermont, Maine and what Congress has already given these Let’s pass this compact. Texas negotiated the terms of their forty-one other states. I yield the floor. Compact, all three states approved the This compact, like the nine others The PRESIDING OFFICER. The Sen- Compact and all three governors have that precede it, took years of negotiat- ator from Minnesota is recognized. urged Congress to ratify it. ing among the states. The Vermont Mr. WELLSTONE. Mr. President, I Approval of this Compact will give legislature and the Governor carefully think my colleague from Vermont has these states final resolution of the reviewed each provision before ap- been on the floor a long time today. He problem they increasingly face in dis- proval. In fact in 1990, under the leader- said he needed a brief period of time. If posing of their nuclear waste. ship of then-Governor Madeline Kunin, I could take a minute—and only a In Vermont, we began this process al- the State of Vermont began a study to minute, I say to my colleague from most ten years ago. Following the di- find a suitable site for a disposal facil- Vermont, whom I appreciate as a real rection of Congress, Vermont began ity in Vermont. After two years of ex- friend here, I will talk about the actual looking for an in-state depository loca- haustive review, the State determined sites, Hudspeth and Sierra Blanca, and tion. In 1990, former Governor Kunin that a safe site could not be found in how this is all taking place. created the Vermont Low-Level Radio- Vermont. This is an issue of environmental jus- active Waste Authority to determine if It is understandable that we can’t tice. But this nuclear waste is not just there was a suitable site for a low-level bury things. We have water that flows gloves and medical waste. My col- radioactive waste disposal facility in down on us and runs off. It is no place league talked about that. Ninety-nine Vermont. to handle this kind of thing. percent of this low-level radioactive Over the next two years the Author- The agreement Vermont and Maine waste in Maine and Vermont will come ity spent approximately $5 million have reached with Texas is the best op- from nuclear reactors. Let’s just be evaluating numerous sites in our state. tion for safe disposal. In fact, the com- clear about that. In particular, the Authority examined pact we are debating requires that it is Second of all, the distinction between the potential for a site next to Ver- the policy of the party states to co- low-level and high-level—I will read mont Yankee in Vernon, Vermont. The operate in the protection of the health, from a GAO report of this year. site was found to have extremely unfa- safety, and welfare of their citizens and Any radioactive waste that are not high- vorable geological conditions for a the environment. level are low-level, and as a result, low-level storage facility. We are here today because one Sen- radioactive waste constitute a very broad The combination of porous soil, a ator is questioning the science used to category containing many different types high groundwater table, a wet climate find a safe and suitable site for disposal and concentrations of radio nuclei, including and proximity to the Connecticut of this waste. I commend him for ques- the same radio nuclei that may be found in River made such a site too risky. tioning this, and I am glad we are hav- high-level radioactive waste. Mr. President, I ask unanimous con- ing this debate, because people should This is an artificial distinction. It is sent to have printed in the RECORD a be reassured and should know what not just medical waste. It sounds bet- letter from the Public Service Board of happens in these cases. ter when we talk about booties and the State of Vermont outlining the After the compact was signed into gloves. Low-level waste constitutes all process we went through to find a site law by then-Governor Ann Richards, of the same public health concerns to within our borders. The PRESIDING OFFICER. Without the State of Texas launched a rigorous the people who live in Sierra Blanca. I want to be clear about that. objection, it is so ordered. process to assure that the site licensed There being no objection, the mate- I ask my colleague from Vermont, to accept this waste would be safe. rial was ordered to be printed in the how much time does he think he will Prior to selecting the proposed site, RECORD, as follows: the Texas Natural Resource Conserva- need? Mr. LEAHY. Six or seven minutes. STATE OF VERMONT, tion Commission spent four years re- DEPARTMENT OF PUBLIC SERVICE, viewing the site before issuing a draft Mr. WELLSTONE. I ask unanimous Montpelier, VT, July 15, 1998. license and environmental assessment. consent that after my colleague uses Re low level waste activities in Vermont. his time, I be able to follow. Although this compact does not Hon. PATRICK LEAHY, specify a site for the Texas waste facil- The PRESIDING OFFICER. Without U.S. Senator, ity, I trust that the State of Texas has objection, it is so ordered. Washington, DC. used and will continue to use strict sci- The Chair recognizes the Senator DEAR SENATOR LEAHY: The purpose of this entific criteria in selecting a disposal from Vermont. letter is to provide you with: (1) information site. Mr. LEAHY. Mr. President, thank about Vermont’s efforts to site a low level radioactive waste storage facility in Ver- This compact has strong bipartisan you. I thank my colleague from Min- mont; (2) information on why Vermont can- support. The consent legislation was nesota. not rely on the low level radioactive waste reported out of both the House Com- Mr. President, I rise today in support storage facility in Barnwell, South Carolina merce Committee and the Senate Judi- of the Texas Low-Level Nuclear Waste to accept future shipments of low level waste ciary Committee without amendment Compact. This legislation was origi- from Vermont; and (3) the reasons why I be- and without opposition. nally introduced in the 103rd Congress lieve that the Texas Compact is the best op- The Texas Compact was adopted by and is long overdue. tion for long term storage of Vermont’s low level waste. the House by a vote of 309 to 107. In the Although this legislation is fairly In 1990, Governor Kunin signed the law Senate it passed with unanimous sup- simple on its face, merely approving a which created Vermont’s Low Level Radio- port. Moreover, the Texas legislature, Compact already agreed to by each of active Waste Authority (‘‘the Authority’’). S9776 CONGRESSIONAL RECORD — SENATE September 1, 1998 This followed the inconclusive efforts over waste should be stored where it is gen- the best economic solution. Maine and the course of some years of the Vermont Low erated. Although this argument is Vermont together produce a fraction of Level Radioactive Waste Commission. nobly egalitarian, it is not practical what is generated in Texas, but by en- Among other things, the Authority was charged with determining if there was a suit- nor is it safe. tering into this Compact we will share able site for a low level radioactive waste We cannot control the rainfall in the cost of building the facility. storage facility in Vermont. Over the next Vermont. We cannot change the den- Right now, Vermont pays approxi- two years the Authority spent approxi- sity of our soil. And we cannot move mately $400 per cubic foot to dispose of mately $5 million evaluating numerous pro- the people of Vernon out of the area to our waste. Disposal at the Texas facil- spective sites in the state. meet the criteria of a safe disposal site. ity will cost only about $200 per cubic A site next to Vermont Yankee was evalu- So, Vermont had to look somewhere foot. If the Compact is not approved, it ated in depth. This site was found to have ex- tremely unfavorable geological conditions. else. is the ratepayers of Vermont, Texas Specifically, groundwater was very close to Under this Compact, Texas has and Maine who will have to pay the the surface and the underlying soil was com- agreed to be the host for the disposal extra cost of disposal. prised primarily of porous sand and gravel site. The Compact does not name a spe- Finally, building the facility does not with short transit times to the Connecticut cific site. That is an issue to be decided end Vermont’s obligation to the safety River. These conditions, in combination with by the people of Texas, as it should be. of this site. We have a long-term com- Vermont’s wet climate, would permit rapid Every other compact approved by mitment to the site, from ensuring migration of any materials leaking from a Congress gives the host state the right waste storage facility into the Connecticut that the facility meets all of the fed- River. to choose where the disposal facility is eral construction and operating regula- Following the abandonment of Vermont sited, according to the laws and regula- tions to making sure the waste is Yankee as a storage site, the Authority em- tions of that state. The same is true for transported properly to the site and barked on a voluntary siting process. Initial this Compact. that the surrounding area is rigorously interest in several towns waned quickly as Mr. President, I want to take a monitored. Vermont will not send its groups opposing nuclear power activated minute to talk about the process un- waste to Texas and then close its eyes local opposition. It was the opinion of those dertaken by Texas to site this storage working in the low level radioactive waste to the rest of the process. are that a facility could not be sited in Ver- facility. In 1991, the Texas legislature I can assure you that Vermont will mont. adopted legislation designating an area not send nuclear waste to Texas and Past experience with the existing low level of 400 square miles (256,000 acres) in then close its eyes to the rest of the radioactive waste storage facility in Barn- which the Texas Low-Level Authority process. We are just not going to do well, South Carolina, has demonstrated its was required to select a proposed site. that. We are not a State that would do unsuitability for Vermont’s future low level After performing site screening in that. waste storage needs. It appears that while storage space at Barnwell is adequate for the area defined by the legislature, the Some might want to say it would be some time, the continued operation of the Texas Authority identified a 16,000-acre nice if we had no more nuclear waste. site is questionable due to possible changes tract for further analysis, of which Unfortunately, we will. We will con- in political leadership in South Carolina. We 1,300-acres would be used for the pro- tinue to have it. And we will still have believe that it is possible that the Barnwell posed site. Texas undertook a siting to dispose of it. facility could close if the current Republican and licensing process similar to the I think we all recognize that there administration in South Carolina were re- federal National Environmental Policy was no perfect solution for dealing placed by a Democratic governor. If Barn- (NEPA) process, which included numer- with low-level nuclear waste. well remains open, costs for storage are un- certain and will likely be higher. South ous public hearings and technical and But as long as we are generating Carolina has an expectation of deriving a environmental reviews. power from nuclear facilities and as certain level of funds for state education This process was recently reviewed long as our research universities, hos- needs from Barnwell storage fees. This by the two administrative law judges pitals and laboratories use nuclear ma- amount of funding has not been met result- from the Texas Office of Administra- terials, we are going to have to dispose ing in a current crisis over continued Barn- tive Hearings, who recommended the of the waste. well operations. Texas Natural Resource Conservation We cannot continue to ignore the I expect that disposal in the Texas Com- Commission conduct additional analy- need to safely store nuclear waste. To pact will be less expensive than other op- tions, even considering the $25 million cost sis before the facility is licensed. The do so would be to ignore the growing for Vermont’s participation. At current lev- Governor and the State Legislature set environmental problem of storing this els, Barnwell’s cost of approximately $400 per up a process to select a site, which waste at inadequate, temporary sites cubic foot is higher than Texas’ projected should be allowed to more forward. in Vermont, Maine and Texas. cost of between $118 and $275 per cubic foot. Congress should not put special re- Instead, we need to make a commit- While it is likely that both cost figures will strictions on this Compact simply be- ment to developing and building the rise, I expect Texas to remain less expensive. cause Texas is exercising its rights as safest facility for long-term storage of Not only is Barnwell more expensive than the Texas site, but it also appears that Barn- the host state to determine where the waste. That is what our States have well is refusing to accept the internal com- facility will be located. done, and Congress should not stand in ponents of commercial nuclear reactors that This Compact also allows the states their way. have recently retired in the United States. of Vermont, Maine and Texas to refuse Mr. WELLSTONE addressed the This could be especially troublesome for Ver- waste from other states. Specifically, Chair. mont when Vermont Yankee ceases oper- Texas will be able to limit the amount The PRESIDING OFFICER. The Sen- ations because of the relative volume of of low-level waste coming into its facil- ator from Minnesota. these components. ity from out-of-state sources. Mr. WELLSTONE. Mr. President, let Vermont has attempted an in-state siting process and found that siting in Vermont As stated by the Governors of Ver- me start out by saying to my colleague would be difficult if not impossible. The un- mont, Maine and Texas in a letter to from Vermont that this debate is not certainty regarding the price and the avail- the Senate Judiciary Committee in about suggesting that a dump has to be ability of the Barnwell site make it an unde- April, 1998, ‘‘If the facility opens with- built in the Northeast. That is not sirable choice for Vermont’s long term low out a Compact in place, Texas will be what this debate is about. I say that to waste storage needs. In summary, I believe subject to accepting waste from around my colleague from Maine. No one has that after careful consideration of both envi- the country, and Maine and Vermont ever suggested that. ronmental and economic considerations that will not be guaranteed any storage Let me also say that I have to smile the Texas facility is the best option for Ver- as I hear my colleagues say that we mont’s long term, low level waste storage space at the facility.’’ Under the Com- needs. Please contact me if you would re- pact, there is a controlled process for need this compact to provide people in quire additional information. transporting and disposing of the waste Texas with the guarantee that their Sincerely, at the facility. Without the Compact, dump won’t become a depository, a na- RICHARD SEDANO, that process evaporates. tional depository for waste. If there is Commissioner. This arrangement is not only the no dump, they don’t need the protec- Mr. LEAHY. Mr. President, some best environmental solution to store tion. This is an interesting argument— critics of this Compact argue that the waste from our three states, it is also we have to have a compact—which, by September 1, 1998 CONGRESSIONAL RECORD — SENATE S9777 the way, I don’t think holds up under about politics. What the State of Texas The other amendment said if the peo- scrutiny. I will talk about that in a is saying is: Let’s just put it off and ple of Hudspeth County, as they seek moment. We have to have a compact in not make the final decision though we redress of grievance, can show that order to give people in Texas—it is know what the final decision is. We are they have been disproportionately tar- really in their self-interest. This com- going to locate this in a community geted because they are Latina, Latino pact will provide them with some pro- where you have poor people and His- or poor, they should at least have the tection that they won’t have nuclear panic people living. But we will not do right to challenge this in court. And waste coming into their State from all that right away. Instead, we say we my colleagues, Democrats and Repub- over the country. By definition, if the really haven’t decided, and therefore licans alike, supported these amend- dump isn’t built, if the compact doesn’t we can get people in the Senate and the ments. go through, then there won’t be any House of Representatives, we can give That is exactly what happens when nuclear waste dump, and, therefore, them cover, and they can say, ‘‘Oh, no, an amendment passes on the floor of people in Texas won’t have to worry this isn’t about environmental justice the Senate with unanimous consent. about that protection. It is just a curi- because they haven’t selected the But then what do they do? They rely ous argument that caught my atten- site.’’ on the conference committee. I am tion. I will go through this in a moment. starting to believe in a unicameral leg- Mr. President, I want to say at the That is an absolute sham. That is just islature, I really am, because I think beginning that I rise to speak with as a sham. the conference committee is the third much passion and as much evidence Mr. President, let me be real clear house of the Congress and there is no that I can marshal as possible against about this. The area that is chosen in accountability. This conference com- this conference report, H.R. 629, the Texas, not surprisingly, because this is mittee meets sometime, I don’t know, 2 a.m., 1 a.m., sometime in the dark of Texas, Maine, and Vermont compact, apparent all around the country—poor night. Who knows when. And they just which will result in the dumping of people always take it on the chin. The communities of color always take it on bulldoze right through and they knock low-level radioactive waste from the chin. Where are you going to put out both amendments. The Senate is Texas, Maine, and Vermont, and poten- an incinerator? Where are you going to on record twice, first of all, voting for tially other States and territories, at a put a waste dump site? It is never in the amendments and then instructions dump located in Texas. The dump is ex- our backyard. to the conferees to honor the Senate’s pected to be built near the town of Si- I would like to know whether any position. erra Blanca in Hudspeth County where Senator has ever had a nuclear waste Colleagues, they took those amend- 66 percent of the residents are Latino dump site proposed in his or her back- ments out. And when you vote tomor- and 39 percent live below the poverty yard or his or her community. And row, please, remember the Latina and line. Let’s not be fooling anybody. Here while I have not taken the survey, I bet Latino community, please remember is what happened. This is what we have the answer is not one. the organizations, remember the envi- to vote on one way or another. This has to stop. This is an issue of ronmental organizations, and other or- In Texas, the decision has to be environmental justice. That is why we ganizations I am going to refer to be- made. Where are you going to put a nu- are not just going to talk about this cause they are going to be watching clear waste dump site? Not surpris- tonight. We are going to talk about our vote. ingly, when you have a former Gov- this tomorrow, regardless of what the Now, it would have been one thing if ernor here, or someone else living in vote is. those amendments had stayed in. I another community who is politically Mr. President, here is what is really think you would have had more sup- connected there, none of those sites is troubling about this process. We have port for this compact, or at least peo- considered. Instead, what we come up been through this over a period of a ple could have said, well, you know with—I will go through the whole his- year. It has been kind of one-sided, I what, at least now we know we are not tory of this—is Sierra Blanca, say to my colleague in the Chair. It has going to get the shaft at least in one Hudspeth County. This happens to be a been sort of like you have people—we sense. People wouldn’t have wanted it community that is disproportionately have some people here tonight from in their community, nor would the Pre- Hispanic and disproportionately poor. Hudspeth County. We have people from siding Officer, nor would my colleague And that is why this is a civil rights other communities. We have some from Maine, nor would any Senator issue. That is why, colleagues, a lot of State legislators. We have people from here. No Senator here would want this organizations—Latino and Latina—and the community. But you know what, waste dump site in their backyard, not a lot of environmental organizations they get to come up like once a year one Senator, but it at least would have are on record against this compact. maybe. It is a long trip, costs a lot of made this political process look a little This is going the path of least politi- money. But at the same time the util- bit more open and maybe a little fairer cal resistance. That is what this is ity industry—this isn’t about States to people, if we had kept the amend- about. rights. This is about the utility indus- ments in. This is an issue of environmental jus- try, what the nuclear power industry But, oh, no, the conference commit- tice. It is the business of all of us in wants, what the energy industry wants, tee meets somewhere, sometime and the U.S. Senate, because we have to what the big contributors want as op- takes them out. So I will tell you, this vote for or against this compact. posed to the people who live in this compact should be defeated. All of a sudden—I will get to this a community who have precious little by Now, the construction of this nuclear little later on as well—some adminis- way of campaign contributions they dump in this community raises impor- trative law judges take a look at this, can make. This is tied to reform and tant questions of environmental jus- and they say, ‘‘You know what? This precious little clout, except this little tice. This might be the first time in the might not be a good idea because this community has been fighting hard for history of the Senate we have had a de- is a geologically active area.’’ That is a a year. bate about environmental justice in euphemism for an earthquake area. So what happened here? I came to the Chamber. It is not just the fight for That is true. They have said that. But the floor of the Senate twice and my the people of Sierra Blanca or the problem is that the members of the colleagues agreed. I didn’t hear any- Hudspeth County or west Texas, for commission in Texas that has made the body dissent. There was unanimous that matter. This is a fight for commu- decision are the Governor’s appointees, consent. Twice I came to the floor of nities all across the country that don’t and they don’t have to listen to what the Senate with amendments. One have the political clout, that aren’t the these administrative law judges have amendment said let’s make it clear well heeled, that aren’t the well con- said. And the executive director of this that this nuclear waste can only come nected, that aren’t the investors, that commission has made it clear that he from Maine, Vermont and Texas. That aren’t the big contributors, and all too won’t. The Governor has made it clear is what we say it is about. So let’s cod- often over and over again they are the that he is going forward with this. ify that. That amendment was passed ones we dump these sites on. This is a But what we have here is an interest- in the House of Representatives as fight for poor people and poor commu- ing game. No wonder people get angry well. nities that are rarely consulted. S9778 CONGRESSIONAL RECORD — SENATE September 1, 1998 This is a fight for people who are Sierra Blanca is already the site of in the site selection process were the seen not as people who should have the largest sewage sludge project in the residents of Sierra Blanca involved in some say about their environment and country, and the Environmental Pro- the decisionmaking. their lives but as victims to be preyed tection Improvement Corporation is Now, I said this is an environmental upon because they are least able to de- now asking the Texas environmental justice question. Listen to this, and I fend themselves. Except the commu- agency for a license for yet another will come back with this tomorrow nities of Hudspeth County, Sierra Blan- sewage sludge project east of Sierra morning again. A 1984 public opinion ca, they have made it clear they are Blanca. survey commissioned by the Texas not victims. They have made it clear Now, I ask my colleagues, I ask the Waste Authority provides some real they are women and men of worth and Presiding Officer, if you had the largest useful context for how this has all dignity and substance, and they have sewage sludge project in your commu- taken place. The report is called, ‘‘An been fighting hard. nity, you are now targeted for another Analysis of Public Opinion on Low- Environmental justice, colleagues, is one, and on top of that you would have Level Radioactive Waste Disposal in a difficult issue. Too often legislators a nuclear waste dump site also in your Selected Areas.’’ This report goes on to and Government officials hide behind community, even though it is a geo- talk about the benefits of keeping the the excuse that there is nothing we can logically unstable community, earth- Latinos uninformed: do about it, that discrimination results quake area, would you not have some One population that may benefit from [a from decisions that are made in the questions about this? public information] campaign is Hispanics, private sector, that it is a matter of I heard my colleagues say somewhere particularly those with little formal edu- State or local responsibility, that it is that a judge had won an election and, cation and low incomes. This group is the too hard to prove. Well, this case is therefore, oh, no, the people there real- least informed of all segments of the popu- pretty easy. The dump won’t be built if ly want it. Look, why don’t we just lation. . .. The Authority should be aware, we reject this compact. We have a di- think about this for a moment? Do you however, that increasing the level of knowl- rect responsibility. There is a direct edge of Hispanics may simply increase oppo- really believe that? Do you really be- sition to the [radioactive dump] site, inas- Federal role. We cannot wash our lieve that? Do you really believe the hands of this. We cannot go away and much as we have discovered a strong rela- people in any of the communities that tionship in the total sample between in- pretend that we are not to blame. We we represent would really want a nu- creased perceived knowledge and increased are all responsible, and it is up to each clear waste dump site where they live, opposition. and every one of us to take a stand. on top of the largest sewage sludge I’ll tell you what, I would be ashamed Let me go over some of the argu- project in the country? Do you believe to be a decisionmaker in any kind of ments. Argument No. 1: The Texas that? process, any kind of consulting report, Compact raises troubling issues of en- Mr. President, 20 surrounding coun- saying: Better not have these Latinos vironmental justice. There is a well- ties and 13 nearby cities have passed informed because there is a strong cor- documented tendency for pollution and resolutions against it and no city or waste dump sites to be sited in poor relation between the amount of their county in west Texas supports it. I minority communities that lack the perceived knowledge and their in- hear one person is elect and that is political power to keep them out. In creased opposition. used as the basis for arguing that the Well, I guess so. I guess, if every Sen- this case, the Texas Legislature se- people in the community want it? Give ator had knowledge of a nuclear waste lected Hudspeth County and the Texas me a break. Give me a break. Mr. dump site that was going to be dumped Waste Authority selected the Sierra President, 20 surrounding counties and in his or her backyard, the more he or Blanca site after the Authority, after 13 nearby cities have passed resolutions the Authority’s scoping study had al- she knew, the more likely they would against it and no city or county in west ready ruled out Sierra Blanca as sci- be in opposition. And we are being told Texas supports it. Over 800 adult resi- entifically unsuitable. the people in the community just can’t Did you get that? Did you get that, dents of Sierra Blanca have signed pe- wait to have this. There is a danger. I colleagues, or staff, that are following titions opposing the dump, and a 1992 am in profound disagreement with my this debate? The Texas Waste Author- poll commissioned by the Texas Waste colleagues that this poor Hispanic com- ity selected the Sierra Blanca site Authority showed that 66 percent of munity could become a national repos- after the Authority’s own scoping the people in Hudspeth and Culberson itory for low-level radioactive waste. study had already ruled out Sierra Counties were in opposition. Repub- We are being told that this will be Blanca as scientifically unsuitable. lican Congressman BONILLA, who rep- their savior, this compact will protect Communities near the study’s pre- resents Hudspeth County, and Demo- them from becoming a national reposi- ferred sites had enough political clout cratic Congressman CIRO RODRIGUEZ, tory. to keep the dump out but Sierra Blan- who represent neighboring El Paso and The conference report—and if my col- ca, already the site of the largest sew- San Antonio, have all actively opposed leagues have any information or facts age sludge project in the country, was the Sierra Blanca dump. And we are that contradict what I am about to not so fortunate. being told the people support it? say, I would certainly appreciate hear- There you go. There is the calculus. In an October 1994 statewide poll, 82 ing it—the conference report on H.R. You have this poor Hispanic commu- percent of Texans were against it—82 629 would allow appointed compact nity. They have the largest sewage percent. Earlier this month, 1,500 U.S. commissioners to import radioactive sludge project in the country. Why not and Mexican citizens, including Texas waste from any State or territory. just build a nuclear waste dump site State Representatives and Senators They have it within their authority to there as well? Sierra Blanca is a low- and Representatives from Mexico, do so. There is no language that pro- income, Mexican-American commu- marched from the Mexican border to hibits them from doing so. And both nity. Over 66 percent of the citizens of Sierra Blanca, through scorching the State of Texas and nuclear utilities Sierra Blanca are Mexican-American desert heat—and it has been hot in across the country will have an eco- and many do not speak English. About Texas—to protest the dump. Local resi- nomic incentive to bring in as much 39 percent live below the poverty line. dents have had no say over whether the waste as possible to make the dump Hudspeth County is one of the poorest waste dump should be constructed in economically viable and to reduce the and most heavily Latino areas of Sierra Blanca; no say. They never were disposal costs. Texas. Under the Texas government consulted at any stage in the process, Let me be clear about it again. This code, Sierra Blanca is legally classified but rather they were informed after conference report does not have one as a ‘‘colonia,’’ which is an economi- the fact. Each time the waste author- word that would prohibit the appointed cally distressed area within 150 miles of ity or the legislature selected Hudspeth compact commissioners from import- the Mexican border that possesses in- County for a dump site, and especially ing radioactive waste from any State adequate water and sewer services, and after local residents had already won a or territory in the country. If you had this is the community that has been court case to reverse the selection of not stripped out our amendment, which targeted for this nuclear waste dump Fort Hancock, the news took local resi- the Senate unanimously supported site. dents by complete surprise. At no stage twice, which said that the waste can September 1, 1998 CONGRESSIONAL RECORD — SENATE S9779 only come from Texas and Vermont against this compact. The conference Congress is responsible for this dump. and Maine, then there would be some committee even stripped the amend- If you will, this dump site has been protection of this kind. Not any longer. ment limiting the waste to three dumped on the Congress, it has been Don’t be making the argument that States, despite the fact that this provi- dumped on the Senate. Construction of this Compact, stripped of the protec- sion was passed by both the Senate and the Sierra Blanca dump depends upon tion for people, now provides people the House. Mr. President, we have a na- the enactment of the conference report with the protection. tional responsibility to remedy this in- to H.R. 629. If the Senate rejects it, Section 3.05, Paragraph 6 of the Com- justice, especially since Congress Texas will not build a dump in Sierra pact provides that the Compact Com- would be complicit in construction of Blanca. But within 60 days of its enact- mission may enter into an agreement this dump. ment, Maine and Vermont will pay with any person, State, regional body This is not a purely State and local Texas $25 million to begin construc- or group of States for importation of issue. I have heard this argument tion. low-level radioactive waste. Shall I re- made: This is a State or local issue; we We wouldn’t even be having this bat- peat that, because I have heard it said have no business being involved. Of tle if these amendments had been kept on the floor of the Senate that this course we do. We are being asked to in. I wouldn’t have liked it. I would Compact is great because it protects vote on it. have still had questions about this, but people from becoming a national repos- Then this argument that is being I would have thought at least there was itory site? Section 3.05, Paragraph 6 of made, which I will get to in a moment, some sense of fairness and justice. I the Compact provides that the Com- is, ‘‘Well, wait a moment, there is no want every one of my colleagues to pact Commission may enter into an waste dump site for sure that has been know, you voted, we voted unani- agreement with any person, State, re- selected.’’ Do you know what? If you mously, to make sure that we made it gional body or group of States for im- want to make this argument, why are clear that, indeed, this waste could portation of low-level radioactive we pressing for a vote on this compact? only come from Maine, Vermont, and waste. All it requires is a majority vote It is one of two ways: Either colleagues Texas, and we voted unanimously that of the eight unelected compact com- can come out here and they can say, the people should have a right to prove missioners. And the conference com- ‘‘You know what? Now these adminis- discrimination in court. mittee—and I know the Senators from trative judges have issued a report, and But now, that has been taken out in the States out here were part of this— they should have, and what they said is conference committee. So you have the stripped away the amendment that correct saying this is a geologically un- compact without any of the protec- said it could only come from Texas, stable area. And so maybe, Senator tions for people. You have the compact, Maine or Vermont. WELLSTONE, all that you are talking with all of its injustice, and it is sim- Mr. President, according to the Texas about, about the injustice of this waste ple: If you vote against it, then you are Observer, March 28, 1997: dump site being put right on top of a voting against Texas building a dump More than two or three national dumps poor Hispanic community, may not site, a nuclear waste dump site in Si- will drive fees so low that profit margins an- happen, because we haven’t really de- ticipated by States (and now private inves- erra Blanca, which is an environmental tors) will be threatened. This economic re- cided.’’ So say some people right now injustice. If you vote for it, then within ality—and growing public resistance to new in this debate. I heard it from my col- 60 days of enactment, Maine and Ver- dumps—has raised the very real possibility leagues tonight. If that is the case, we mont will pay Texas $25 million to that the next dump permitted will be the nu- shouldn’t vote on this yet. Let’s wait begin construction. If my colleagues clear waste depository for the whole nation, and see, and then we will know what is want to say, ‘‘Paul, we agree this isn’t for decades to come. in the compact and we will know ex- right, what is being done to these peo- They could very well be right, and actly where this has been sited. ple, but you don’t know for sure it is you know what? They could not have Or, we have to vote no, because if you going to be this site,’’ then I say, ‘‘Why made that argument about what is vote yes, you are complicit in the con- don’t we postpone this vote? Why are about to happen to the people of Sierra struction of this dump. And I want to you so anxious to ram it through?’’ Blanca if the conference committee tell you, the siting process is out- I heard about other compacts. There had kept in our amendment. But, no, rageous. This siting process that took are two points. First of all, other com- no. The utility industry, they know place in Texas is outrageous. It is an pacts, other compacts, fine, but the what the potential of this is. They affront to anybody’s sense of justice. issue at hand is this compact, this site didn’t want that. The conference com- This is not a purely State or local selection. mittee stripped the House and Senate issue, because we have to vote on it. Mr. President, this whole argument environmental justice amendments. For constitutional reasons, the Texas about, ‘‘Well, we don’t really know the To avoid turning this low-income compact cannot take effect without specific site,’’ again, the administra- Mexican-American community into a Federal legislation. Senators from all tive judge’s decision is not binding. national depository for radioactive 50 States, not just the compact States, That is point No. 1. The Texas environ- waste, I offered two amendments. The will be asked to give their consent. mental agency’s Governor appointees first would have given local residents Mr. President, in the El Paso Times are not bound by this at all. They are the chance to prove environmental dis- of May 28, 1998, Governor Bush said: all appointed by the Governor. They crimination in court, and the second, If there’s not a Compact in place, we will can do whatever they want. The views as I have said three times or more, not move forward. of this agency, as I said before, which would have limited incoming waste to In an interview published April 5–11, will make the decision, are known. The the States of Texas, Maine and Ver- El Paso, Inc., Governor Bush said: executive director argued against the mont. My colleagues, in the dark of The legislation would approve the Compact hearing officer’s recommendation. He night in conference committee, decided between Texas, Maine and Vermont. If that said: does not happen, then all bets are off. that it would be a crime to give local Additional information on ‘‘special im- residents a chance to prove environ- Moreover, the Texas Legislature has pact’’ [i.e., environmental justice] is not mental discrimination in court. And indicated it will not fund construction needed to make a decision on the license ap- my colleagues, in the dark of night in without the upfront money from the plication. The executive director rec- conference committee, decided that it compact. ommends issuance of a license because the would be a crime to make sure that we The Texas Waste Authority re- applicant has met all the requirements under codified in language our claim that the quested over $37 million for fiscal year the law. waste would only come from Maine and 1998–1999 for construction of the dump, We know what they are going to do. Vermont and Texas. but the legislature allocated no con- Come on, let’s just be direct about this. The Senate instructed conferees to struction money. They did not appro- The Governor’s views are known. I insist on these amendments, but the priate funding for the licensing process have quoted him. conference ignored the Senate’s in- and for payments for the host county And then there is the box law. I say structions and stripped them both and after the House zeroed out funding for to my colleagues, you need to know the that is why Senators should vote the authority altogether. specifics of what you are voting on S9780 CONGRESSIONAL RECORD — SENATE September 1, 1998 here. The Texas Legislature selected We had amendments that would have The Senator referred to some of the Hudspeth County to host the dump in provided some protection. The Senate amendments that he had offered to this 1991, and the Texas Waste Authority went on record. Every Senator sup- legislation, but they did not prevail. identified a dump site near Sierra ported those amendments, and then Those amendments did not prevail be- Blanca in 1992. The 1991 box law is still they were stripped out of conference cause those conditions and stipulations on the books, and regardless of what committee. That is why Senators would require years of reratification. the TNRCC does, the box law requires should vote against this. And I mention the fact that those con- that the dump be built in Hudspeth Mr. President, I just want to make it ditions were not included in any of the County, which is predominantly His- clear that the League of United Latin other nine compacts that were enacted panic and poor. American Citizens, LULAC, is ada- and ratified by the Congress over the I want to make that clear—I want to mantly opposed to this. I believe they years. make that clear—that is where it is are going to use this for scoring. That We all respect the Senator’s perspec- going to be built, and it is an environ- is important. By golly, people in the tive on the issue of environmental jus- mental injustice. It is time we stand up Latino community ought to hold every tice. No one is suggesting for a moment against this kind of injustice. This is Senator accountable for their vote on that we should override the environ- not the decision of the people of Maine this. It is a civil rights issue. There is mental issues, any of the issues that or the decision of Vermont, but this is a strong letter from the Leadership would adversely, and disproportion- what is going to happen. Conference on Civil Rights in favor of ately adversely, affect a community Mr. President, this conference report both our amendments which were with respect to public health and safe- is about nuclear utility rights, not stripped out of the conference commit- ty questions, environmental issues, or State or local rights. The conference tee in the dark of night. The House income. committee followed the wishes of the Hispanic caucus favored the amend- We believe in the State of Texas— nuclear utilities, not the local resi- ments opposed to this compact, the through its procedures, through its dents. Nuclear utilities who stand to Texas NAACP, League of Conservation public procedures, through its political benefit from cheap disposal of nuclear Voters. This is a major issue of justice, process, through its State laws, waste strongly supported this legisla- and it is a major environmental issue through the Federal laws—to make the tion without amendments. Local resi- as well. appropriate decision, environmentally dents, including the local Republican I conclude by urging my colleagues and scientifically and geologically, in Congressmen, overwhelmingly opposed to vote against this compact. And on terms of the safe disposal of low-level the dump. the floor of the Senate tonight and to- radioactive waste. That is the issue Of course, the utility industry got morrow morning I will also make an here. And we are doing this consistent their way in conference committee. We appeal to the administration: Mr. with all of the other compacts and all know their clout here. They never President, Mr. Vice President, we need of the other statutes that have been wanted people anywhere—it is not, in you to speak out on this. You have enacted by the U.S. Congress over the all due respect to the people who are talked about environmental justice. last 20 years. here tonight from Hudspeth County, it You have said it is a major priority. In fact, I was in the House of Rep- is not just you. This industry doesn’t What is happening with this compact, resentatives back in 1980 when this was want regular citizens anywhere in the what is now being proposed—just think a major question: How do we resolve it? country to have a right to prove dis- of what this is going to mean for the It is not an easy question. It is not as crimination. And this industry has big people who live in Sierra Blanca. If if we do not have low-level radioactive plans for Hudspeth County as a na- there is ever one example that brings waste. We have a problem, as we do tional repository for waste, so they into sharp focus the issue of environ- with high-level radioactive waste. But didn’t want any amendment making it mental justice, this is it. We need the we have hospitals and we have research clear it could only come from Maine or President to make it clear that if this laboratories, and we have to dispose of Vermont or Texas. should pass, he will veto it. This com- the materials that result from those fa- Mr. President, I think that I might pact should not pass in its present cilities; we have no choice. And that is have said enough for tonight, or maybe form. why we have this compact before the not. We will see how the debate goes. I I yield the floor. U.S. Senate, as do so many of the other will have tomorrow morning to speak Ms. SNOWE addressed the Chair. States. about this as well. The PRESIDING OFFICER (Mr. GOR- I have not, in all due respect, heard TON). The Senator from Maine. Forty-one States, including the Sen- one argument on the floor of the Sen- Ms. SNOWE. Mr. President, I will ator’s own State of Minnesota, have a ate that is very persuasive. It is just just make a few brief concluding com- compact. But now we are saying Texas simply not true this compact is all ments in response to some of the issues and Vermont and Maine are not al- about giving people the protection that were raised by the Senator from lowed to enter into a compact? Are we from being a national repository site. Minnesota. I respect his views and his saying that the Governor of the State It is simply not true that this is just opinions although we certainly differ of Texas or the legislature, the house sort of medical waste from hospitals, it on the perspective on this issue. This and the senate, are not concerned with is gloves. It is simply not true this is isn’t a unique or different approach to the views of their constituencies with simply low level so we don’t have to this issue of the disposal of low-level respect to this issue? worry about it. It is simply not true radioactive waste. Indeed, the U.S. Mr. WELLSTONE. Mr. President, that this is none of our business. This Congress mandated that the States as- will the Senator yield? is a civil rights issue. sume the responsibility of the disposal Ms. SNOWE. Are we saying that sen- Let me conclude by including some of low-level radioactive waste in or out ators and representatives are not con- quotes, if I can find them. of their States. And this is in response cerned with the views of the constitu- Mr. President, I will do the quotes to- to a congressional mandate that began ents who live in Sierra Blanca or any morrow. It is a civil rights issue. That in 1980 and, as I said earlier, reinforced other locations where these facilities is what this is all about. This is the by amendments to that act in 1985. are sited? Are we trying to override the issue that we have been talking about. So this isn’t a diversion from that Clean Air Act, the Clean Water Act, As a matter of fact, this is an issue of, approach. It isn’t different from all of the Nuclear Regulatory Commission, every time we are faced with a situa- the other compacts that have been that are all referenced, I might add, in tion about where a nuclear waste site ratified by the Congress over time. the conference report? None of this can goes, a dump site goes, or incinerator— And, as I said earlier, there are nine be sited anywhere on Earth without re- and the list goes on and on—then what different compacts, that include 41 dif- gard to environmental and public happens is communities of color, low- ferent States, including the State of health and safety questions. It has to income communities, are the ones that Minnesota, the State that the Senator go through a process. are targeted. That is exactly what has represents. So why should Texas and In fact, the Senator from Minnesota happened in Texas. Maine and Vermont be any different? mentioned two administrative law September 1, 1998 CONGRESSIONAL RECORD — SENATE S9781 judges in Texas who have been con- I’m confused. On the one hand, we from Maine supported—it was unani- ducting evidentiary hearings on the li- hear some discussion on the floor of mous consent, and any Senator who cense application to construct and op- the Senate about how we look at the wanted to disagree could have come to erate this disposal site. And the judges selection by this person. Do the people the floor and disagreed—which said issued a proposal for decision on the in the community really want this? people ought to at least have a right to application in Hudspeth County saying Then we hear that it may not even be prove discrimination if there is dis- they needed more information in two in Hudspeth County. I spent 45 minutes crimination, and let’s make sure this aspects of the potential site. And the going through the background of this, only comes from Maine, Vermont and appropriate Texas agency is now tak- all the way from when the legislature Texas. Both of those amendments, at ing the recommendation under consid- made the decision in 1991. Of course it the wishes of the utility industry, were eration and responding on the safety is going to be there. I went through all taken out in committee. question. And the judges want more in- the quotes. Yes, you have some admin- I am saying to colleagues one more formation as to whether there are any istrative judges. I ask my colleague, if time—vote for this and you just watch. negative socioeconomic impacts in this you are convinced that we don’t know I will bet you every dollar I have, facility to the citizens and to tourism. what the site is yet—and, of course, which isn’t a lot, if we vote for this So environmental justice is being con- one difference between this and any compact, that dump site will be located sidered. This isn’t ignoring those other compact is that we didn’t have in this Hispanic, low-income commu- issues. That is why this legislation is sites before—then why don’t we wait nity. I will bet you there is not one site-neutral, because we want the ap- for a vote on this until we know where Senator in here who would want to propriate agencies and statutes at the the site is? That would be the best make a bet with me on that. That is Federal, State and local levels to take thing to do. That would be a fair thing what this is all about. Don’t be fooled. hold and determine what is the safest to do. The amendments were stripped out. location, respecting the wishes of a Commissioner John Hall, by the way, This compact now is a major injustice. community. in talking about the issue of environ- It could have been a much better agree- Now, the Senator mentioned the peo- mental justice—my colleague says, of ment, but somebody—and I don’t even ple who don’t support it in Hudspeth course, the people are concerned about know who—decided they wanted to County. We don’t even know, in the this—made it very clear that this issue take out these amendments. Now it is final analysis, if that is where it is isn’t going to be addressed in the State up to colleagues in the Senate to vote going to be. That is up to the State of licensing process. It has not been ad- against this. Otherwise, you will be Texas through its process. That has dressed and will not be before the final voting for a major injustice. You will been stipulated in law in terms of what license is issued. My colleague may be voting for what I consider to be a they have to consider. want to think otherwise because it is violation of the civil rights of the peo- It says: more comforting, but it is just not the ple that live in Hudspeth County. Nothing in this compact that diminishes or case. Mr. President, I yield the floor, and I otherwise impairs the jurisdiction, author- The commissioners of the Texas ad- have concluded my remarks for to- ity, discretion of the either the following: ministrative agency, TNRCC, which night. Mr. HATCH. Mr. President, I rise The U.S. Nuclear Regulatory Commission, will make the final decision on the Si- the Atomic Energy Act of 1954. Nothing in today to support the conference report erra Blanca license, have stated that the compact confers any new authority to to H.R. 629, the Texas Low-Level Ra- environmental justice must be ad- the State commission to do any of the fol- dioactive Waste Disposal Compact, a dressed at the Federal level because lowing: Regulate the packaging or transpor- Compact among the states of Texas, tation of low-level waste, regulate the Texas has no clear standards or re- Maine, and Vermont. The Texas Com- health, safety and environmental hazards quirements for evaluating them. Com- pact which was introduced in the from source byproducts and special nuclear missioner John Hall explained at a 1995 House by Representative BARTON and materials, or inspect the activities of licens- meeting of the TNRCC, ‘‘This whole ees of the agreement of the States or U.S. has 23 cosponsors, and the conference Nuclear Regulatory Commission. issue probably needs to be addressed. report to the Compact, both passed the But it is not this commission’s job to All of it is in place, just like it has House overwhelmingly with bi-partisan articulate a new major policy of that been done for 41 other States over the support. I am confident that the con- sort. That has to be left to the United years. That is what we are talking ference report to the Texas Compact States Congress. That is not our job. about. We are not saying we are going will now pass this body with the same to run roughshod over anybody’s wish- Our job is to apply the standards as commanding support it garnered in the es or rights. That is a determination they exist, and while that may be a House. that has to be made with the State of very legitimate issue, that is not our In July of this year, I was a Conferee Texas through the public process, job.’’ to the Texas Compact along with Sen- You just can’t have it both ways. which has been done and is continuing ators THURMOND and LEAHY. I thank People in Texas say, and the Commis- at this moment. That is what we are Senators THURMOND and LEAHY, Con- sioner says, ‘‘We are not going to be asking. gressman BLILEY who chaired the con- So I hope that my colleagues will dealing with this issue of environ- ference, and all other conferees for support the conference report, which is mental justice.’’ I went through the working together to accomplish the not unusual, not unlike any of the 9 process. They came across Hudspeth goal of passing the Texas Compact previous compacts that have been rati- County and moved it away from other through conference without any unnec- fied by the Congress over the last 20 sites where people had clout. They essary or distracting amendments that years. have chosen a geologically unstable would have forced the Compact States I yield the floor. area. I have all sorts of religious and to go through an arduous re-ratifica- Mr. WELLSTONE. First of all, Mr. civil rights organizations who say this tion process. After thorough consulta- President, I want to say to my col- discriminates against people in the tion with the governors of the Compact league that this waste disposal com- community who are disproportionately States, the conferees unanimously pact is not functional. We have no nu- poor or who are Hispanic as well. The agreed to recede from two amendments clear waste dump sites that have been executive director of the TNRCC ex- that were offered by Senator chosen. I am not sure how many of plained in his motion to strike that WELLSTONE. The Wellstone amend- these compacts have ever chosen a ‘‘environmental justice is not one of ments would have spawned costly liti- dump site. I don’t know whether my the criteria to be considered under the gation and imposed strict limitation colleague knows the answer to that Texas Radiation Control Act or the not imposed on other existing com- question. I don’t, but I am guessing it’s rules of the TNRCC in the commis- pacts. The conferees ultimately con- very few, if any. Let me be clear about sion’s decision whether to license the cluded that the amendments were not that. I am not aware that any of these facility.’’ They are not looking at that in the best interests of the Texas Com- compacts have led to nuclear waste at all. They are saying they can’t. pact. dump sites. If so, I bet it is precious They are saying it is up to us. I had The passage of this Compact will few. two amendments that my colleague place the States of Texas, Maine, and S9782 CONGRESSIONAL RECORD — SENATE September 1, 1998 Vermont in compliance with the 1980 cal Year 1999 Military Construction Ap- amendment to the Constitution of the Low-level Radioactive Waste Policy propriations Conference Report, which United States authorizing Congress to pro- Act which Congress passed in an effort this body approved by a wide margin. I hibit the physical desecration of the flag of to establish a uniform Federal policy missed the vote due to a long airline the United States (Rept. No. 105–298). on nuclear waste disposal. While the delay—a delay especially vexing to me f Federal Government retained respon- because I had scheduled my departure sibility over high-level waste disposal, from South Carolina to arrive here in INTRODUCTION OF BILLS AND this act placed the onus on the States plenty of time to vote on this legisla- JOINT RESOLUTIONS to dispose properly of low-level radio- tion. Had I been here, I would have active waste generated within their been proud to cast an ‘‘aye’’ vote for The following bills and joint resolu- borders. this bill. tions were introduced, read the first To promote and encourage the fulfill- As a combat veteran, I’m convinced a and second time by unanimous con- ment of this obligation by all States, strong and vigorous military is vital to sent, and referred as indicated: Congress authorized the States to our nation’s security and interests. By Mr. CLELAND (for himself and Mr. enter into compacts with other States The Military Construction Appropria- COVERDELL): to share waste disposal facilities. It is tions Conference Report is crucial to S. 2429. A bill to direct the Secretary of pursuant to this obligation and man- Veterans Affairs to establish a national cem- strengthening our armed forces, and it etery for veterans in the Atlanta, Georgia, date that the Texas-Maine-Vermont is tremendously important to the peo- Compact was negotiated and approved metropolitan area; to the Committee on Vet- ple of South Carolina. by the legislatures of Texas and Ver- erans Affairs. I was proud to work with fellow Ap- By Mr. GRAMS: mont and through a public referendum propriations Committee members to S. 2430. A bill to provide a comprehensive in the State of Maine. The compact secure additional money for projects at program of support for victims of torture; to was subsequently signed by the gov- the Parris Island Marine Corps Recruit the Committee on the Judiciary. ernors of all three states. Depot, McEntire Air National Guard By Mr. ROTH (for himself, Mr. BIDEN, Currently, nine interstate compacts Mr. THURMOND, Mr. HELMS, Mr. STE- Station, Spartanburg Air National involving 41 States are operating VENS, Mr. COCHRAN, Mr. INOUYE, Mr. through Congressional consent. I have Guard Center, Beaufort Marine Air HOLLINGS, Mr. SPECTER, Mr. FAIR- received a letter signed by the Gov- Corps Station, and Charleston Air CLOTH, Mr. DURBIN, and Mr. FORD): ernors of Texas, Maine, and Vermont Force Base. In addition to strengthen- S.J. Res. 55. A joint resolution requesting urging Congress to pass this compact ing our military, these projects will the President to advance the late Rear Ad- as passed by the States. This compact help the brave men and women in uni- miral Husband E. Kimmel on the retired list form who serve on these bases and of the Navy to the highest grade held as would bring these states into compli- Commander in Chief, United States Fleet, ance with federal law. The hard work their dependents. during World War II, and to advance the late for drafting a compact that all three I was proud to help make the 1999 Major General Walter C. Short on the retired states would ratify and that would Military Construction Appropriations list of the Army to the highest grade held as meet with congressional approval has Conference Report a reality, and I’m Commanding General, Hawaiian Depart- been completed for some time. The pleased to see it approved today by the ment, during World War II, as was done States have carefully crafted a com- Senate. under the Officer Personnel Act of 1947 for pact that will serve their low-level Mr. COVERDELL. Mr. President, all other senior officers who served waste disposal needs in a responsible with regards to this morning’s vote on inpositions of command during World War II, and lawful manner. the military construction appropria- and for other purposes; to the Committee on The States have done their part and tions conference report, vote number Armed Services. have been patiently waiting for con- 253, I would like the RECORD to show f gressional consent before moving for- that had I been present I would have ward with plans to construct the waste voted aye. This bill provides important SUBMISSION OF CONCURRENT AND disposal facility. It is now time for this funding for military construction SENATE RESOLUTIONS body to do its part in assuring that this projects across the country, including compact will be passed swiftly without a number of projects at military instal- The following concurrent resolutions further delay. I therefore support this lations in Georgia. and Senate resolutions were read, and important piece of legislation, and en- f referred (or acted upon), as indicated: courage my colleague to do the same. By Mr. LAUTENBERG (for himself and Ms. SNOWE addressed the Chair. MEASURES REFERRED Mr. TORRICELLI): The PRESIDING OFFICER. The Sen- The following bill, previously re- S. Res. 268. A resolution congratulating the ator from Maine. ceived from the House of Representa- Toms River East American Little League Ms. SNOWE. Mr. President, I yield tives for the concurrence of the Senate, team of Toms River, New Jersey, for winning back the balance of my time. was read the first and second times by the Little League World Series; considered The PRESIDING OFFICER. There and agreed to. are 40 minutes equally divided and re- unanimous consent and referred as in- By Mr. LOTT (for himself and Mr. served for tomorrow. Both sides are dicated: DASCHLE): yielding back the balance of the time H.R. 3696. An act to designate the United S. Res. 269. A resolution to authorize pro- for tonight? States courthouse located at 316 North 26th duction of Senate documents and Ms. SNOWE. That’s correct. Street in Billings, Montana, as the ‘‘James reprensentation by Senate Legal Counsel in Mr. WELLSTONE. That’s correct. F. Battin United States Courthouse’’; to the the case of Rose Larker, et al. v. Kevin A. f Committee on Environment and Public Carias-Herrera, et al; considered and agreed Works. to. MORNING BUSINESS f f Ms. SNOWE. Mr. President, I ask REPORTS OF COMMITTEES unanimous consent that there now be a period for the transaction of routine The following reports of committees STATEMENTS ON INTRODUCED morning business with Senators per- were submitted: BILLS AND JOINT RESOLUTIONS mitted to speak therein for up to 10 By Mr. MCCAIN, from the Committee on Commerce, Science, and Transportation, By Mr. CLELAND (for himself minutes each. and Mr. COVERDELL): The PRESIDING OFFICER. Without without amendment: H.R. 624: A bill to amend the Armored Car S. 2429. A bill to direct the Secretary objection, it is so ordered. Industry Reciprocity Act of 1993 to clarify of Veterans Affairs to establish a na- f certain requirements and to improve the tional cemetery for veterans in the At- MILITARY CONSTRUCTION APPRO- flow of interstate commerce (Rept. No. 105– lanta, Georgia, metropolitan area; to PRIATIONS CONFERENCE RE- 297). the Committee on Veterans’ Affairs. PORT By Mr. HATCH, from the Committee on the Judiciary: NATIONAL CEMETERY LEGISLATION Mr. HOLLINGS. Mr. President, this Report to accompany the joint resolutions Mr. CLELAND. Mr. President, today morning I missed the vote on the Fis- (S.J. Res. 40 and H.J. Res. 54) proposing an I am pleased to offer an important September 1, 1998 CONGRESSIONAL RECORD — SENATE S9783 piece of legislation designed to address sity of veterans population. Unfortu- etery under subsection (a) not later than a critical need of Georgia’s veterans nately, the Reagan Administration January 1, 2000. and their families. later withdrew approval of the Atlanta Mr. COVERDELL. Mr. President, One of the greatest honors our coun- site. Over the years since then, Atlanta today I am proud to join my esteemed try provides for a veteran’s service is has repeatedly been one of the top colleague from Georgia, Senator the opportunity to be buried in a na- areas in the United States most in need CLELAND, in introducing this very im- tional cemetery. It is logical that a of an additional national cemetery. portant piece of legislation authorizing veteran’s family would want to have Mr. President, the bill I am introduc- a new National Cemetery in the At- the grave site of their loved one close ing today is simple. First, it requires lanta, Georgia, metropolitan area. For by. They want to be able to visit to the Department of Veterans Affairs to many years Georgia has had a pressing place flowers or a folded American flag establish a national cemetery in the need for a new national cemetery for by the headstone of their father, moth- Atlanta metropolitan area not later veterans. Now, with the leadership of er, sister or brother. Georgia veterans’ than January 1, 2000. Second, it re- my friend from Georgia who, I might families deserve such consideration. quires the Department to consult with add, has been working to make this a The establishment of a new veterans appropriate federal, state, and local of- reality for about twenty years, and national cemetery in the Atlanta met- ficials to determine the most suitable with the introduction of this legisla- ropolitan area is one of my highest leg- site. Finally, the bill further requires tion, I believe we can finally build this islative priorities. the Secretary of Veterans Affairs to re- much needed cemetery. The current veterans population in port to Congress on the establishment Mr. President, Georgia has one of the Georgia is estimated to be nearly of the cemetery, including an estimate fastest growing veterans populations in 700,000, with over 400,000 residing in the on its cost and a timetable for comple- the country. Currently, about 700,000 Metro Atlanta area. Our state cur- tion of the cemetery. veterans call Georgia home with well rently has two cemeteries designated I believe this bill is a necessary first over half, about 440,000, living in the specifically for veterans, in Marietta step toward the eventual establishment Metro-Atlanta region; the area where and Andersonville. Marietta National of a national cemetery to meet the this new cemetery would be built. How- Cemetery has been full since 1970, and needs of Atlanta’s veterans and their ever, the only national cemetery in the Andersonville National Historic Ceme- families. Admittedly, several factors area has been full since 1970. Further- tery is located in southwest Georgia, at must be resolved before the cemetery more, the only other veterans ceme- a considerable distance from most of can be established. A site must be tery in the state is operated by the Na- the state’s veterans population. found and funding must be made avail- tional Parks Service, not the Depart- The large population of veterans’ able. However, we must move swiftly ment of Veterans’ Affairs, and is in families in Metro Atlanta and North to resolve this problem so that a criti- Andersonville, a town in southwest Georgia is not being served, and we cal element of our commitment to the Georgia far from the concentration of need to change that. Nation’s veterans can be met. Georgia veterans. Abraham Lincoln once said: ‘‘All I am hopeful that the Senate will Mr. President, I believe my colleague that a man hath will he give for his take favorable action on my bill early has clearly demonstrated to us all fur- life; and while all contribute of their in the next Congress. I want to thank ther justification for a new national substance the soldier puts his life at my colleague from Georgia, Senator cemetery in Georgia. VA studies have stake, and often yields it up in his COVERDELL, for joining me in this im- concurred the need for this cemetery country’s cause. The highest merit, portant effort, and Representative and, in fact, Atlanta was chosen as a then, is due to the soldier.’’ BARR for sponsoring the companion bill site for a new cemetery in 1983. Again, in the other body. We owe it to our veterans and their Senator CLELAND makes all this clear Mr. President, I ask unanimous con- families to provide a national veterans and I thank him for his dedication to sent that the text of the bill be printed cemetery close to their home. this project. in the RECORD. I have been pursuing this matter for Burial in a national cemetery is a de- There being no objection, the bill was over 20 years, since I was head of the serving honor for our nation’s veter- ordered to be printed in the RECORD, as Veterans’ Administration, now called ans, but it is becoming increasingly follows: the Department of Veterans’ Affairs. difficult to bestow upon them, espe- S. 2429 Nationally, there are over 300,000 va- cially in Georgia. This bipartisan legis- Be it enacted by the Senate and House of Rep- cancies in national cemeteries for vet- lation seeks to remedy this situation. erans, but in Georgia, there are no such resentatives of the United States of America in Congress assembled, Mr. President, by focusing on areas vacancies. The only option these veter- SECTION 1. ESTABLISHMENT. across the country with pressing needs ans have is burial in Andersonville, a (a) IN GENERAL.—The Secretary of Veter- for more burial slots, Congress can in- national historic cemetery which is op- ans Affairs shall establish, in accordance crease access to the honor of burial in erated by the National Park Service, with chapter 24 of title 38, United States a national cemetery. Georgia is such not the VA, and is more than 100 miles Code, a national cemetery in the Atlanta, an area. By passing this measure, Con- away from the Metro Atlanta area. Georgia, metropolitan area to serve the gress would help veterans, and their This deeply concerns me, especially needs of veterans and their families. families, find a burial place befitting when one considers that Georgia has (b) CONSULTATION IN SELECTION OF SITE.— Before selecting the site for the national their patriotic service to this great the highest rate of growth in terms of cemetery established under subsection (a), land. military retirees in the Nation, and the Secretary shall consult with— that the majority of these veterans re- (1) appropriate officials of the State of By Mr. ROTH (for Mr. BIDEN, Mr. side in Metro Atlanta. We really must Georgia and local officials of the Atlanta, THURMOND, Mr. HELMS, Mr. do better for our veterans. Georgia, metropolitan area, and STEVENS, Mr. COCHRAN, Mr. In 1979, when I was head of the VA, (2) appropriate officials of the United INOUYE, Mr. HOLLINGS, Mr. our studies documented that the At- States, including the Administrator of Gen- SPECTER, Mr. FAIRCLOTH, Mr. eral Services, with respect to land belonging lanta metropolitan area was the area DURBIN, and Mr. FORD): to the United States in that area that would having the largest veterans population be suitable to establish the national ceme- S. J. Res. 55. A joint resolution re- in the country without a national cem- tery under subsection (a). questing the President to advance the etery. Later that same year, I an- (c) REPORT.—As soon as practicable after late Rear Admiral Husband E. Kimmel nounced that Metro Atlanta had been the date of the enactment of this Act, the on the retired list of the Navy to the chosen as the site for a new VA ceme- Secretary shall submit to Congress a report highest grade held as Commander in tery, which was to be opened in late on the establishment of the national ceme- Chief, United States Fleet, during 1983. The Atlanta location was chosen tery under subsection (a). The report shall World War II, and to advance the late after an exhaustive review of many set forth a schedule for such establishment Major General Walter C. Short on the and an estimate of the costs associated with sites, including consideration of envi- such establishment. retired list of the Army to the highest ronmental, access, and land use fac- (d) DEADLINE.—The Secretary shall com- grade held as Commanding General, tors, and most importantly, the den- plete the establishment of the national cem- Hawaiian Department, during World S9784 CONGRESSIONAL RECORD — SENATE September 1, 1998 War II, as was done under the Officer tion of fairness and justice. Such Since 1941 a number of official inves- Personnel Act of 1947 for all other sen- scapegoating is inconsistent with this tigations provided clear evidence that ior officers who served impositions of great nation’s unmatched military these two commanders were unfairly command during World War II, and for honor. singled out for blame that should have other purposes; to the Committee on It is high time that this injustice suf- been widely shared with their senior Armed Services. fered by General Short and Admiral commanders. These reports include, JOINT RESOLUTION RELATIVE TO REAR ADMIRAL Kimmel be rectified. Toward that end, among others, a 1944 Navy Court of In- HUSBAND KIMMEL AND MAJOR GENERAL WAL- I introduce on behalf of myself, Sen- quiry, a 1944 Army Pearl Harbor Board TER SHORT ator BIDEN, the Chairman of the Armed of Investigation, a 1946 Joint Congres- ∑ Mr. ROTH. Mr. President, on Wednes- Services Committee, the Chairman of sional Committee Report, and more re- day, September 2, 1998 the U.S.S. Mis- the Foreign Relations Committee, the cently a 1991 Army Board for the Cor- souri, arguably our nation’s most fa- Chairman of the Appropriations Com- rection of Military Records. The find- mous battleship, will be permanently mittee, the Chairman of the Veterans ings of these official reports are de- berthed at Pearl Harbor. The Missouri, Committee and Senators INOUYE, COCH- scribed in the Resolution and can be with its remarkable and gallant his- RAN, HOLLINGS, FAIRCLOTH and DURBIN, summarized as four principal points. tory of naval combat in the United a joint resolution intended to right First, the investigations provide States Navy, will serve as a fitting this longstanding injustice. ample evidence that the Hawaiian com- monument to those Americans who The joint resolution calls upon the manders were not provided vital intel- fought and died in the name of free- President to posthumously advance on ligence that they needed and that was dom, liberty, and justice. the retirement list Major General available in Washington prior to the However, I must confess that the re- Short’s grade to Lieutenant General— attack on Pearl Harbor. Their senior membrance of the events surrounding his rank of command as Commanding commanders had critical information the December 1941 attack on Pearl Har- General of the Army’s Hawaiian De- about Japanese intentions, plans, and bor also rekindles a painful memory of partment and Rear Admiral Kimmel’s actions, but neither passed this on nor one of the great injustices that oc- grade to Admiral—his rank of com- took issue or attempted to correct the curred within our own ranks during mand as Commander in Chief, U.S. disposition of forces under Kimmel’s World War II, an injustice that still re- Fleet. and Short’s commands. mains, an injustice that continues to The facts that constitute the case of Second, the disposition of forces in tarnish our nation’s military honor. Admiral Kimmel and General Short Hawaii were consistent with the infor- Admiral Husband Kimmel and Gen- have been remarkably documented mation that was made available to Ad- eral Walter Short were the two senior over time—which is one the reasons miral Kimmel and General Short. commanders of U.S. military forces de- that I am disappointed that after fifty- Based on the information available to ployed in the Pacific at the time of the seven years this injustice has not been the Hawaiian commanders, the forces disastrous surprise attack on Pearl rectified. under their command at Pearl Harbor Harbor. In the immediate aftermath of Since the attack on Pearl Harbor were properly disposed. the attack, these two commanders back in December of 1941, there have In my review of this case, I was most were unfairly held singularly respon- been numerous investigations and his- struck by the honor and integrity dem- sible for the success of the attack. tories on the job performance of Kim- onstrated by General George Marshall They were scapegoated. mel and Short. These include nine offi- who was Army Chief of Staff at the First, they were publicly accused of cial governmental investigations and time of the attack. General Short in- dereliction of duty by a hastily con- reports and one inquiry conducted by a terpreted a vaguely written war warn- ducted investigation. Then, when sub- special Joint Congressional Commit- ing message sent from the high com- sequent investigations conducted dur- tee. Findings of six of these inquiries mand in Washington on November 27, ing World War II exonerated these offi- are noted in the resolution. 1941 as suggesting the need to defend cers, those findings were kept secret on Perhaps the most flawed, and unfor- against sabotage. Consequently, when the grounds that they undercut the war tunately most influential investiga- he concentrated his aircraft away from effort. tion, was that of the Roberts Commis- perimeter roads to protect them, he in- But, what is most unforgivable is sion. Less than 6 weeks after the Pearl advertently increased their vulner- that after the end of World War II, this Harbor attack, it presented a hastily ability to air attack. When he reported scapegoating was given a near perma- prepared report to the President accus- his preparations to the General Staff in nent veneer when the President of the ing Kimmel and Short of dereliction of Washington, the General Staff never United States declined to advance Ad- duty—a charge that was immediately took steps to clarify the reality of the miral Kimmel and General Short on and highly publicized. situation. the retired list to their highest ranks Admiral William Harrison Standley, The Report of the Joint Congres- of war-time command—an honor that who served as a member of the Roberts sional Committee of 1946 is testament was given to every other senior com- Commission later and disavowed its re- to General Marshall’s sense of honor mander who served in war-time posi- port, stated that Admiral Kimmel and and integrity. General Marshall testi- tions above their grade. As Com- General Short were ‘‘martyred’’ and ‘‘if fied that as Chief of Staff, he was re- mander-in-Chief of the Pacific and they had been brought to trial, they sponsible for ensuring the proper dis- United States Fleets, Admiral Kimmel, would have been cleared of the position of General Short’s forces. He a two star, served as a four star com- charge.’’ acknowledged that he must have seen Later, Admiral J.O. Richardson, who mander. Major General Short, also a General Short’s report, which would was Admiral Kimmel’s predecessor as two star, served as a three star com- have been his opportunity to issue a Commander in Chief, U.S. Pacific mander when he was the Commanding corrective message, and that he failed Fleet, wrote: General of the Army’s Hawaiian De- to do so. partment. In the impression that the Roberts Com- Mr. President, I only wish that the Today, this singular exclusion from mission created in the minds of the Amer- ican people, and in the way it was drawn up force of General Marshall’s integrity advancement on the military’s retired for that specific purpose, I believe that the and sense of responsibility had greater list only perpetuates the myth that report of the Roberts Commission was the influence over the management of the Admiral Kimmel and General Short most unfair, unjust, and deceptively dishon- case of Admiral Kimmel and General were derelict in their duty and sin- est document ever printed by the Govern- Short. gularly responsible for the success of ment Printing Office. A third theme of these investigations the attack on Pearl Harbor. This is a The highly publicized accusation of concerned the failure of the Depart- distinct and unacceptable expression of that infamous investigation contrib- ment of War and the Department of the dishonor toward two of the finest offi- uted to the inaccurate myth that these Navy to properly manage the flow of cers who have served in the Armed two officers were singularly responsible intelligence. The Dorn Report com- Forces of the United States. It is clear- for the success of the attack on Pearl pleted in 1995 for the Deputy Secretary ly inconsistent with the most basic no- Harbor. of Defense at the request of Senator September 1, 1998 CONGRESSIONAL RECORD — SENATE S9785

THURMOND stated that the handling of Mr. President, allow me to submit for Whereas numerous investigations follow- intelligence in Washington during the the RECORD a letter endorsing our reso- ing the attack on Pearl Harbor have docu- time leading up to the attack on Pearl lution from five living former naval of- mented that Admiral Kimmel and Lieuten- Harbor was characterized by ‘‘inepti- ficers who served at the very pinnacle ant General Short were not provided with of military responsibility. They are the necessary and critical intelligence avail- tude * * * limited coordination * * * able that foretold of war with Japan, that ambiguous language, and lack of clari- former Chairmen of the Joint Chiefs of warned of imminent attack, and that would fication and follow-up,’’ among other Staff Admiral Thomas H. Moorer and have alerted them to prepare for the attack, serious faults. The bottom line is that Admiral William J. Crowe and former including such essential communiques as the poor command decisions and inefficient Chiefs of Naval Operations Admiral Japanese Pearl Harbor Bomb Plot message of management structures and procedures J.L. Holloway III, Admiral Elmo R. September 24, 1941, and the message sent blocked the flow of essential intel- Zumwalt and Admiral Carlisle A.H. from the Imperial Japanese Foreign Min- ligence from Washington to the Hawai- Trost. istry to the Japanese Ambassador in the ian commanders. The efforts of these and other officers United States from December 6-7, 1941, The fourth and most important have been complemented by the initia- known as the Fourteen-Part Message; Whereas on December 16, 1941, Admiral theme that permeates the aforemen- tives of many public organizations who have called for posthumous advance- Kimmel and Lieutenant General Short were tioned reports is that blame for the dis- relieved of their commands and returned to aster at Pearl Harbor cannot be placed ment of Kimmel and Short. At various their permanent ranks of rear admiral and only upon the Hawaiian commanders. times down through the years, they major general; Some of these reports completely ab- have included the Veterans of Foreign Whereas Admiral William Harrison solved these two officers. While others Wars, the Retired Officers Association, Standley, who served as a member of the in- found them to have made errors in the Naval Academy Alumni Associa- vestigating commission known as the Rob- judgement, all the reports subsequent tion, the Pearl Harbor Commemorative erts Commission that accused Admiral Kim- to the Roberts Commission cleared Committee, the Admiral Nimitz Foun- mel and Lieutenant General Short of ‘‘dere- them of the charge of dereliction of dation, and the Pearl Harbor Survivors liction of duty’’ only six weeks after the at- duty. Association. tack on Pearl Harbor, later disavowed the re- port maintaining that ‘‘these two officers And, Mr. President, all those reports I submit for the RECORD a moving were martyred’’ and ‘‘if they had been identified significant failures and resolution passed by the Delaware brought to trial, both would have been shortcomings of the senior command- Chapter of the VFW last June calling cleared of the charge’’; ers in Washington that contributed sig- for the posthumous advancement of Whereas on October 19, 1944, a Naval Court nificantly—if not predominantly—to General Short and Admiral Kimmel of Inquiry exonerated Admiral Kimmel on the success of the surprise attack on and a letter from the President of the the grounds that his military decisions and Pearl Harbor. The Dorn Report put it VFW to the President of the United the disposition of his forces at the time of best, stating that ‘‘responsibility for States making the same request. the December 7, 1941 attack on Pearl Harbor the Pearl Harbor disaster should not Mr. President, Admiral Kimmel and were proper ‘‘by virtue of the information fall solely on the shoulders of Admiral General Short have been unjustly stig- that Admiral Kimmel had at hand which in- dicated neither the probability nor the im- Kimmel and Lieutenant General Short, matized by our nation’s failure to treat minence of an air attack on Pearl Harbor’’; it should be broadly shared.’’ them in the same manner with which criticized the higher command for not shar- Mr. President, I would like to empha- we treated their peers. To redress this ing with Admiral Kimmel ‘‘during the very size two points about these investiga- wrong would be fully consistent with critical period of 26 November to 7 December tions. First, these two officers were re- this nation’s sense of justice. 1941, important information . . . regarding peatedly denied their requests—their The message of our joint resolution the Japanese situation’’; and, concluded that requests—for courts martial. is about justice, equity, and honor. Its the Japanese attack and its outcome was at- Second, the conclusions of the 1944 purpose is to redress an historic wrong, tributable to no serious fault on the part of Naval Court of Inquiry and the Army to ensure that these two officers are anyone in the naval service; Pearl Harbor Board—that Kimmel’s Whereas on June 15, 1944, an investigation treated fairly and with the dignity and conducted by Admiral T. C. Hart at the di- and Short’s forces had been properly honor they deserve, and to ensure that rection of the Secretary of the Navy pro- disposed according to the information justice and fairness fully permeate the duced evidence, subsequently confirmed, available to them and that criticized memory and lessons learned from the that essential intelligence concerning Japa- their superior officers for not sharing catastrophe at Pearl Harbor. nese intentions and war plans was available important intelligence—were kept se- The President should advance the in Washington but was not shared with Ad- cret on the grounds that they were det- ranks of Admiral Kimmel and General miral Kimmel; rimental to the war effort. Short on the retired list to their high- Whereas on October 20, 1944, the Army For reasons unexplainable to me, the est war-time ranks, as was done for all Pearl Harbor Board of Investigation deter- mined that Lieutenant General Short had scapegoating of Admiral Kimmel and their peers. After 57 years, this correc- General Short has survived the cleans- not been kept ‘‘fully advised of the growing tion is long overdue. tenseness of the Japanese situation which in- ing tides of history. It is an unambig- I urge my colleagues to support this dicated an increasing necessity for better uous fact that responsibility for the joint resolution. preparation for war’’; detailed information success of the Pearl Harbor attack lies Mr. President, I ask unanimous con- and intelligence about Japanese intentions with the failure of their superiors situ- sent that the text of the joint resolu- and war plans were available in ‘‘abundance’’ ated in Washington to provide them tion, the VFW resolution, and letters but were not shared with the General Short’s the intelligence that was available. of support be printed in the RECORD. Hawaii command; and General Short was not One can make the case that back in There being no objection, the mate- provided ‘‘on the evening of December 6th the midst of World War II, allowing rial was ordered to be printed in the and the early morning of December 7th, the critical information indicating an almost blame to fall and remain solely on Ad- RECORD, as follows: miral Kimmel and General Short immediate break with Japan, though there S.J. RES. 55 was ample time to have accomplished this’’; helped prevent the American people Whereas, Rear Admiral Husband E. Kim- Whereas the reports by both the Naval from losing confidence in their na- mel, formerly the Commander in Chief of the Court of Inquiry and the Army Pearl Harbor tional leadership. But perpetuating the United States Fleet and the Commander in Board of Investigation were kept secret, and cruel myth that Kimmel and Short Chief, United States Pacific Fleet, possessed Rear Admiral Kimmel and Major General were singularly responsible for the dis- an excellent and unassailable record Short were denied their requests to defend aster at Pearl Harbor is not only un- throughout his career in the United States themselves through trial by court-martial; fair, it blemishes the military honor of Navy prior to the December 7, 1941 attack on Whereas the joint committee of Congress our nation. Pearl Harbor; that was established to investigate the con- This issue of fairness and justice has Whereas Major General Walter C. Short, duct of Admiral Kimmel and Lieutenant formerly the Commander of the United General Short issued, on May 23, 1946, a 1,075- been raised not only by General Short States Army Hawaiian Department, pos- page report which included the conclusions and Admiral Kimmel and their surviv- sessed an excellent and unassailable record of the committee that the two officers had ing families today, but also by numer- throughout his career in the United States not been guilty of dereliction of duty; ous senior officers and public organiza- Army prior to the December 7, 1941 attack on Whereas the then Chief of Naval Personnel, tions around the country. Pearl Harbor; Admiral J. L. Holloway, Jr., on April 27, 1954, S9786 CONGRESSIONAL RECORD — SENATE September 1, 1998 recommended that Admiral Kimmel be ad- Husband Kimmel died on May 14, 1968, with- Admiral Kimmel and General Short, and due vanced in rank in accordance with the provi- out the honor of having been returned to to the urgency of the war neither man was sions of the Officer Personnel Act of 1947; their wartime ranks as were their fellow vet- given the opportunity to defend himself Whereas on November 13, 1991, a majority erans of World War II; and against the accusation of dereliction of duty; of the members of the Board for the Correc- Whereas the Veterans of Foreign Wars, the and tion of Military Records of the Department Pearl Harbor Survivors Association, the Ad- Whereas, other investigations showed that of the Army found that Lieutenant General miral Nimitz Foundation, the Naval Acad- there was no basis for the dereliction of duty Short ‘‘was unjustly held responsible for the emy Alumni Association, the Retired Offi- charges, and a Congressional Investigation Pearl Harbor disaster’’ and that ‘‘it would be cers Association, and the Pearl Harbor Com- in 1946 made specific findings that neither equitable and just’’ to advance him to the memorative Committee, and other associa- Admiral Kimmel nor General Short had been rank of lieutenant general on the retired tions and numerous retired military officers ‘‘derelict in his duty’’ at the time of the list’’; have called for the rehabilitation of the rep- bombing of Pearl Harbor; and Whereas in October 1994, the then Chief of utations and honor of Admiral Kimmel and Whereas, it has been documented that the Naval Operations, Admiral Carlisle Trost, Lieutenant General Short through their United States Military had broken the Japa- withdrew his 1988 recommendation against posthumous advancement on the retired lists nese codes in 1941. With the use of a cryptic the advancement of Admiral Kimmel and to their highest wartime grades: Now, there- machine known as ‘‘Magic,’’ the Military recommended that the case of Admiral Kim- fore, be it was able to decipher the Japanese diplomatic mel be reopened; Resolved by the Senate and House of Rep- code known as ‘‘Purple’’ and the military Whereas the Dorn Report, a report on the resentatives of the United States of America in code known as JN–25. The final part of the results of a Department of Defense study Congress assembled, diplomatic message that told of the attack on Pearl Harbor was received on December 6, that was issued on December 15, 1995, did not SECTION 1. ADVANCEMENT OF REAR ADMIRAL provide support for an advancement of Rear KIMMEL AND MAJOR GENERAL 1941. With this vital information in hand, no Admiral Kimmel or Major General Short in SHORT ON RETIRED LISTS. warning was dispatched to Admiral Kimmel grade, it did set forth as a conclusion of the (a) REQUEST.—The President is requested— or General Short to provide sufficient time study that ‘‘responsibility for the Pearl Har- (1) to advance the late Rear Admiral Hus- to defend Pearl Harbor in the proper manner; bor disaster should not fall solely on the band E. Kimmel to the grade of admiral on and shoulders of Admiral Kimmel and Lieuten- the retired list of the Navy; and Whereas, it was not until after the tenth ant General Short, it should be broadly (2) to advance the late Major General Wal- investigation of the attack on Pearl Harbor shared’’; ter C. Short to the grade of lieutenant gen- was completed in December of 1995, that the Whereas the Dorn Report found that eral on the retired list of the Army. United States Government acknowledged in ‘‘Army and Navy officials in Washington (b) ADDITIONAL BENEFITS NOT TO ACCRUE.— the report of Under Secretary of Defense were privy to intercepted Japanese diplo- Any advancement in grade on a retired list Edwin S. Dorn, that Admiral Kimmel and matic communications . . . which provided requested under subsection (a) shall not in- General Short were not solely responsible for crucial confirmation of the imminence of crease or change the compensation or bene- the disaster but that responsibility must be war’’; that ‘‘the evidence of the handling of fits from the United States to which any per- broadly shared; and Whereas, at this time the American public these messages in Washington reveals some son is now or may in the future be entitled have been deceived for the past fifty-six ineptitude, some unwarranted assumptions based upon the military service of the officer years regarding the unfounded charge of and misestimations, limited coordination, advanced. ambiguous language, and lack of clarifica- dereliction of duty against two fine military SEC. 2. SENSE OF CONGRESS REGARDING THE officers whose reputations and honor have tion and follow-up at higher levels’’; and, PROFESSIONAL PERFORMANCE OF that ‘‘together, these characteristics re- ADMIRAL KIMMEL AND LIEUTENANT been tarnished; now, therefore be it Resolved, That the Veterans of Foreign sulted in failure . . . to appreciate fully and GENERAL SHORT. to convey to the commanders in Hawaii the It is the sense of Congress that— Wars urges the President of the United sense of focus and urgency that these inter- (1) the late Rear Admiral Husband E. Kim- States to restore the honor and reputations cepts should have engendered’’; mel performed his duties as Commander in of Admiral Husband E. Kimmel and General Whereas, on July 21, 1997, Vice Admiral Chief, United States Pacific Fleet, com- Walter C. Short by making a public apology David C. Richardson (United States Navy, re- petently and professionally, and, therefore, to them and their families for the wrongful tired) responded to the Dorn Report with his the losses incurred by the United States in actions of past administrations for allowing own study which confirmed findings of the the attacks on the naval base at Pearl Har- these unfounded charges of dereliction of duty to stand. Be it Naval Court of Inquiry and the Army Pearl bor, Hawaii, and other targets on the island Resolved, That the Veterans of Foreign Harbor Board of Investigation and estab- of Oahu, Hawaii, on December 7, 1941, were Wars urges the President of the United lished, among other facts, that the war effort not a result of dereliction in the performance States to take the necessary steps to post- in 1941 was undermined by a restrictive intel- of those duties by the then Admiral Kimmel; humously advance Admiral Kimmel and ligence distribution policy, and the degree to and General Short to their highest wartime which the commanders of the United States (2) the late Major General Walter C. Short ranks of Four-Star Admiral and Three-Star forces in Hawaii were not alerted about the performed his duties as Commanding Gen- General. Such action would correct the in- impending attack on Hawaii was directly at- eral, Hawaiian Department, competently and justice suffered by them and their families tributable to the withholding of intelligence professionally, and, therefore, the losses in- for the past fifty-six years. from Admiral Kimmel and Lieutenant Gen- curred by the United States in the attacks eral Short; on Hickam Army Air Field and Schofield Re the honor and reputations of Admiral Whereas the Officer Personnel Act of 1947, Barracks, Hawaii, and other targets on the Husband Kimmel and General Walter Short. in establishing a promotion system for the island of Oahu, Hawaii, on December 7, 1941, HONORABLE MEMBERS OF THE UNITED STATES Navy and the Army, provided a legal basis were not a result of dereliction in the per- SENATE. for the President to honor any officer of the formance of those duties by the then Lieu- DEAR SENATORS: We ask that the honor and Armed Forces of the United States who tenant General Short. reputations of two fine officers who dedi- served his country as a senior commander cated themselves to the service of their during World War II with a placement of RESOLUTION ADOPTED BY THE DELAWARE country be restored. Admiral Husband Kim- that officer, with the advice and consent of VETERANS OF FOREIGN WARS mel and General Walter Short were sin- the Senate, on a retired list with the highest Whereas, Admiral Husband E. Kimmel and gularly scapegoated as responsible for the grade held while on the active duty list; General Walter C. Short were the Command- success of the Japanese attack on Pearl Har- Whereas Rear Admiral Kimmel and Major ers of record for the Navy and Army forces at bor December 7, 1941. The time is long over- General Short are the only two eligible offi- Pearl Harbor, Hawaii, on December 7, 1941 due to reverse this inequity and treat Admi- cers from World War II who were excluded when the Japanese Imperial Navy launched ral Kimmel and General Short fairly and from the list of retired officers presented for its attack; and justly. The appropriate vehicle for that is advancement on the retired lists to their Whereas, following the attack, President the current Roth-Biden Resolution. highest wartime ranks under the terms of Franklin D. Roosevelt appointed Supreme The Resolution calls for the posthumous the Officer Personnel Act of 1947; Court Justice Owen J. Roberts to a Commis- advancement on the retired list of Admiral Whereas this singular exclusion from ad- sion to investigate such incident to deter- Kimmel and General Short to their highest vancement on the retired list serves only to mine if there had been any dereliction of WWII wartime ranks of four-star admiral perpetuate the myth that the senior com- duty; and and three-star general as provided by the Of- manders in Hawaii were derelict in their Whereas, the Roberts Commission con- ficer Personnel Act of 1947. They are the only duty and responsible for the success of the ducted a rushed investigation in only five two eligible officers who have been singled attack on Pearl Harbor, a distinct and unac- weeks. It charged Admiral Kimmel and Gen- out for exclusion from that privilege; all ceptable expression of dishonor toward two eral Short with dereliction of their duty. other eligible officers have been so privi- of the finest officers who have served in the These findings were made public to the leged. Armed Forces of the United States; world; and We urge you to support this Resolution. Whereas Major General Walter Short died Whereas, the dereliction of duty charge de- We are career military officers who have on September 23, 1949, and Rear Admiral stroyed the honor and reputations of both served over a period of several decades and September 1, 1998 CONGRESSIONAL RECORD — SENATE S9787 through several wartime eras in the capac- code-breaking capability of PURPLE and in World War II. Tomorrow, the history ities of Chairman, Joint Chiefs of Staff and/ other Japanese codes) and he was promised of America’s war in the Pacific is or Chief of Naval Operations. Each of us is he could rely on adequate warning of any at- brought full circle. The U.S.S. Missouri, familiar with the circumstances leading up tack based on this special intelligence capa- the ship on which the United States to the attack on Pearl Harbor. bility. Both Commanders rightfully operated We are unanimous in our conviction that under the impression, and with the assur- formally accepted Japan’s surrender, Admiral Husband Kimmel and General Wal- ance, that they were receiving the necessary will be permanently berthed at Pearl ter Short were not responsible for the suc- intelligence information to fulfill their re- Harbor, the site of America’s entry cess of that attack, and that the fault lay sponsibilities. into the war against Japan following a with the command structure at the seat of 3. Historical information now available in devastating surprise attack. government in Washington. The Roth-Biden the public domain through declassified files, It is appropriate that in this same Resolution details specifics of this case and and post-war statements of many officers in- week I, along with my colleagues, Sen- requests the President of the United States volved, clearly demonstrate that vital infor- ators ROTH, THURMOND, INOUYE, STE- to nominate Kimmel and Short for the ap- mation was routinely withheld from both propriate advancement in rank. commanders. For example, the ‘‘Bomb Plot’’ VENS, HOLLINGS, FORD, DURBIN, SPEC- As many of you know, Admiral Kimmel message and subsequent reporting orders TER, HELMS, COCHRAN, and FAIRCLOTH, and General Short were the Hawaiian Com- from Tokyo to Japanese agents in Hawaii as seek to close the circle for the two manders in charge of naval and ground forces to location, types and number of warships, commanders at Pearl Harbor fifty- on Hawaii at the time of the Japanese at- and their replies to Tokyo. seven years ago, Admiral Husband tack. After a hurried investigation in Janu- 4. The code-breaking intelligence of Purple Kimmel and General Walter Short. ary, 1942 they were charged with having been did provide warning of an attack on Pearl ‘‘derelict in their duty’’ and given no oppor- Today, we are introducing a resolution Harbor, but the Hawaiian Commanders were that seeks long overdue justice for tunity to refute that charge which was pub- not informed. Whether deliberate or for some licized throughout the country. other reason should make no difference, have these two fine officers. As a result, many today believe the ‘‘dere- no bearing. These officers did not get the Now some of you will ask ‘‘why liction’’ charge to be true despite the fact support and warnings they were promised. now?’’ The answer is not just because that a Naval Board of Inquiry exonerated 5. The fault was not theirs. It lay in Wash- we are honoring the service and sac- Admiral Kimmel of blame; a Joint Congres- ington. sional Committee specifically found that rifice of Americans who served in the We urge you, as Members of the United neither had been derelict in his duty; a four- Pacific campaign by permanently States Senate, to take a leadership role in to-one majority of the members of a Board berthing the Missouri at Pearl Harbor. assuring justice for two military careerists for the Correction of Military Records in the It is more basic than that—there can who were willing to fight and die for their Department of the Army found that General be no statute of limitations for restor- Short had been ‘‘unjustly held responsible’’ country, but not to be humiliated by its gov- ernment. We believe that the American peo- ing honor and dignity to men who and recommended his advancement to the spent their lives devoted to America’s rank of lieutenant general on the retired ple—with their national characteristic of lost. fair play—would want the record set service and yet were unfairly treated. This injustice has been perpetuated for straight. When it comes to serving truth and more than half a century by their sole exclu- Thank you. justice, the time must always be sion from the privilege of the Act mentioned THOMAS H. MOORER, ‘‘now’’. above. Admiral, U.S. Navy (Ret.), I hope that most of you will read this As professional military officers we sup- Former Chairman, Joint Chiefs of Staff, resolution. The majority of the text de- Former Chief of Naval Operations. port in the strongest terms the concept of tails the historic case on behalf of Ad- holding commanders accountable for the per- WILLIAM J. CROWE, formance of their forces. We are equally Admiral, U.S. Navy (Ret.), miral Kimmel and General Short and strong in our belief in the fundamental Former Chairman, Joint Chiefs of Staff. expresses Congress’s opinion that both American principle of justice for all Ameri- J.L. HOLLOWAY III, officers performed their duty com- cans, regardless of creed, color, status or Admiral, U.S. Navy (Ret.), petently. Most importantly, it requests rank. In other words, we believe strongly in Former Chief of Naval Operations. that the President submit the names of fairness. ELMO R. ZUMWALT, Kimmel and Short to the Senate for These two principles must be applied to Admiral, U.S. Navy (Ret.), posthumous advancements on the re- the specific facts of a given situation. His- Former Chief of Naval Operations. tory as well as innumerable investigations CARLISLE A.H. TROST, tirement lists to their highest held have proven beyond any question that Admi- Admiral, U.S. Navy (Ret.), wartime rank. ral Kimmel and General Short were not re- Former Chief of Naval Operations. Mr. President, this action would not sponsible for the Pearl Harbor disaster. And require any form of compensation. In- we submit that where there is no responsibil- VETERANS OF FOREIGN WARS stead, it would acknowledge, once and ity there can be no accountability. OF THE UNITED STATES, for all, that these two officers were not But as a military principle—both practical Washington, DC, June 26, 1998. treated fairly by the U.S. government and moral—the dynamic of accountability Mr. EDWARD R. KIMMEL, works in both directions along the vertical and it would uphold the military tradi- Wilmington, DE. tion that responsible officers take the line known as the chain of command. In view DEAR MR. KIMMEL: Thank you for your let- of the facts presented in the Roth-Biden Res- ter to Mr. Larry Rivers, Adjutant General, blame for their failures. olution and below—with special reference to Veterans of Foreign Wars of the United I will address these points in more the fact that essential and critical intel- States, dated January 2, 1998. Your letter ad- detail and will review some of the evi- ligence information was withheld from the dressed Secretary of Defense William S. dence regarding the soundness of Kim- Hawaiian Commanders despite the commit- Cohen’s comments made in a letter to Sen- mel and Short’s military decisions. ment of the command structure to provide ator Strom Thurmond, Chairman of the Sen- First, I want to discuss the treat- that information to them—we submit that ate Armed Services Committee, dated No- ment of Kimmel and Short and who while the Hawaiian Commanders were as re- vember 18, 1997. sponsible and accountable as anyone could bore responsibility. Like most Ameri- Attached is a copy of a letter VFW Com- cans, Admiral Kimmel and General have been given the circumstances, their su- mander-in-Chief John E. Moon recently sent periors in Washington were sadly and trag- to Secretary Cohen. This letter supports the Short requested a fair and open hearing ically lacking in both of these leadership proposal, lead by Senators Joseph R. Biden of their case, a court martial. They commitments. and William V. Roth, Jr. in May 1998, asking were denied their request. After life- A review of the historical facts available that Admiral Husband Kimmel and General times of honorable service to this na- on the subject of the attack on Pearl Harbor Walter Short not bear the full responsibility demonstrates that these officers were not tion and the defense of its values, they for the December 7, 1941 attack on Pearl Har- were denied the most basic form of jus- treated fairly. bor. 1. They accomplished all that anyone could tice—a hearing. We hope that the Secretary of Defense will have with the support provided by their su- Let me review some of the facts. On act favorably on the request of Senators periors in terms of operating forces (ships Biden and Roth. December 18, 1941, a mere 11 days after and aircraft) and information (instructions Sincerely, Pearl Harbor, the Roberts Commission and intelligence). Their disposition of forces, KENNETH A. STEADMAN, was formed to determine whether in view of the information made available to Executive Director. derelictions of duty or errors of judg- them by the command structure in Washing- ∑ ton, was reasonable and appropriate. ∑ Mr. BIDEN. Mr. President, tomorrow ment by Kimmel and Short contributed 2. Admiral Kimmel was told of the capa- is an important day for all who honor to the success of the Japanese attack. bilities of U.S. intelligence (MAGIC, the the valor and sacrifice Americans made This Commission concluded that both S9788 CONGRESSIONAL RECORD — SENATE September 1, 1998 commanders had been derelict in their that there is good reason to question Short, as commanding officers, prop- duty and the President ordered the im- where the blame for Pearl Harbor erly deployed their forces. I think rea- mediate public release of these find- should lie. sonable people may disagree on this ings. The whole story was re-evaluated in point. I have been struck by the num- Several facts about the Roberts Com- 1995 at the request of Senator THUR- ber of qualified individuals who believe mission force us to question its conclu- MOND by Under Secretary for Defense the commanders properly deployed sions. First, Kimmel and Short were Edwin Dorn. In his report, Dorn con- based on the intelligence available to denied the right to counsel and were cluded that responsibility for the disas- them. I will ask to enter this partial not allowed to be present when wit- ter at Pearl Harbor should be broadly list of flag officers into the RECORD. nesses were questioned. They were then shared. I agree. Where Dorn’s conclu- Among those listed is Vice Admiral explicitly told that the Commission sions differ from mine and my cospon- Richardson, a distinguished naval com- was a fact-finding body and would not sors, is that he also found that ‘‘the of- mander, who wrote an entire report re- be passing judgment on their perform- ficial treatment of Admiral Kimmel futing the conclusions of the Dorn Re- ance. When the findings accusing them and General Short was substantively port. My colleagues will also see the of a serious offense were released, they temperate and procedurally proper.’’ I names of four Chiefs of Naval Oper- immediately requested a court-mar- disagree. ations and the former chairman of the tial. That request was refused. It is dif- These officers were publicly vilified Joint Chiefs of Staff Admiral Thomas ficult to imagine a fair review of the and never given a chance to clear their Moorer. It was Admiral Moorer who ob- evidence given the rules of procedure names. If we lived in a closed society, served that, ‘‘If Nelson and Napoleon followed by the Commission. fearful of the truth, then there would had been in command at Pearl Harbor, I also think that it is important to be no need for the President to take the results would have been the same.’’ note the timing here. It would be dif- any action today. But we don’t. We live In conclusion, Mr. President, I be- ficult to provide a fair hearing in the in an open society. Eventually, we are lieve this case is unique and demands charged atmosphere immediately fol- able to declassify documents and our attention. As we honor those who lowing America’s entry into the war in evaluate our past based on at least a served in World War II by permanently the Pacific. In fact, Kimmel and Short good portion of the whole story. One of berthing the U.S.S. Missouri in Pearl were the objects of public vilification. our greatest strengths as a nation Harbor, we must also honor the ideals The Commission was not immune to comes from our ability to honor truth for which they fought. High among this pressure. One Commission mem- and the lessons of our past. those American ideals is upholding ber, for example, Admiral Standley, ex- Like most people, I can accept that truth and justice. Those ideals give us pressed strong reservations about the there was a good case for the need to the strength to admit and, where pos- Commission’s findings, later character- protect our intelligence capabilities sible, correct our errors. izing them as a ‘‘travesty of justice’’. during the war. I cannot accept that I urge my colleagues to support this He did sign the Report, however, be- there is a reason for continuing to deny resolution and move one step closer to cause of concerns that doing otherwise the culpability of others in Washington justice for Admiral Kimmel and Gen- might adversely affect the war effort. at the expense of these two officers’ eral Short. As you will see, the war effort played reputations 57 years later. Continuing Mr. President, I ask unanimous con- an important role in how Kimmel and to falsely scapegoat two dedicated and sent a partial list of flag officers be Short were treated. competent officers dishonors the mili- printed in the RECORD. The Roberts Commission was the tary tradition of taking responsibility There being no objection, the list was only investigative body that found for failure. The historic message sent is ordered to be printed in the RECORD, as these two officers derelict in their that the truth will be suppressed to follows: duty. protect some responsible parties and The following is a partial listing of high- In 1944 an Army Board investigated distorted to sacrifice others. ranking retired military personnel who advo- General Short’s actions at Pearl Har- One point I want to make here is cate in support of the posthumous advance- bor. The conclusions of that investiga- that we are not seeking to place blame. ment on the retired lists of Rear Admiral tion placed blame on General Marshall, This is not a witch-hunt aimed at those Husband Kimmel and Major General Walter the Chief of Staff of the Army at the Short to Four-Star Admiral and Three-Star superior officers who were advanced in General respectively: time of Pearl Harbor and in 1944. This rank and continued to serve, despite ADMIRALS report was sequestered and kept secret being implicated in the losses at Pearl from the public on the grounds that it Thomas H. Moorer; Carlisle A.H. Trost; Harbor. I think the historic record has William J. Crowe, Jr.; Elmo R. Zumwalt; would be detrimental to the war effort. become quite clear that blame should J.L. Hollaway III; Ronald J. Hays; T.B. Hay- That same year, a Naval Court of In- be shared. ward; Horatio Rivero; Worth H. Bargley; quiry investigated Admiral Kimmel’s The unfortunate reality is that Ad- Noel A.M. Gayler; Kinnaird R. McKee; Rob- actions at Pearl Harbor. The Naval miral Kimmel and General Short were ert L.J. Long; William N. Small; Maurice F. Court’s conclusions were divided into blamed entirely and forced into early Weisner; U.S.G. Sharp, Jr.; H. Hardisty; Wes- two sections in order to protect infor- retirement. ley McDonald; Lee Baggett, Jr.; and Donald mation indicating that America had After the war, in 1947, they were sin- C. Davis. the ability to decode and intercept Jap- gled out as the only eligible officers VICE ADMIRALS anese messages. The first and longer from World War II not advanced to David C. Richardson and William P. Law- section, therefore, was classified ‘‘top their highest held wartime ranks on rence. secret.’’ The second section was writ- the retirement lists, under the Officer REAR ADMIRALS ten to be unclassified and completely Personnel Act of 1947. By failing to ad- D.M. Showers and Kemp Tolley. exonerated Admiral Kimmel and recog- vance them, the government and the f nized that Admiral Stark bore some of Departments of the Navy and Army ADDITIONAL COSPONSORS the blame for Pearl Harbor because of perpetuate the myth that these two of- his failure to provide Kimmel with ficers bear a unique and disproportion- S. 89 critical information available in Wash- ate part of the blame. At the request of Ms. SNOWE, the ington. Then Secretary of the Navy The government that denied these of- name of the Senator from Connecticut James Forrestal instructed the Court ficers a fair hearing and suppressed [Mr. DODD] was added as a cosponsor of that it had to classify both sections findings favorable to their case while S. 89, a bill to prohibit discrimination ‘‘secret’’ and not release any findings releasing hostile information owes against individuals and their family to the public. them an official apology. That’s what members on the basis of genetic infor- I won’t go any further with this dis- this resolution calls for. mation, or a request for genetic serv- cussion of history, again I urge my col- The last point that I want to make ices. leagues to read the resolution. I hope deals with the military situation at S. 951 that I have made my point that these Pearl Harbor. It is legitimate to ask At the request of Mr. TORRICELLI, the officers were not treated fairly and whether Admiral Kimmel and General name of the Senator from California September 1, 1998 CONGRESSIONAL RECORD — SENATE S9789

[Mrs. BOXER] was added as a cosponsor [Mr. SESSIONS] was added as a cospon- nal Revenue Code of 1986 to expand S of S. 951, a bill to reestablish the Office sor of S. 1734, a bill to amend the Inter- corporation eligibility for banks, and of Noise Abatement and Control in the nal Revenue Code of 1986 to waive the for other purposes. Environmental Protection Agency. income inclusion on a distribution S. 2353 S. 971 from an individual retirement account At the request of Mr. DURBIN, the to the extent that the distribution is At the request of Mr. LAUTENBERG, name of the Senator from Oregon [Mr. the name of the Senator from Con- contributed for charitable purposes. SMITH] was added as a cosponsor of S. necticut [Mr. DODD] was added as a co- S. 1858 2353, a bill to redesignate the legal pub- sponsor of S. 971, a bill to amend the At the request of Mr. REED, his name lic holiday of ‘‘Washington’s Birthday’’ Federal Water Pollution Control Act to was added as a cosponsor of S. 1858, a as ‘‘Presidents’ Day’’ in honor of improve the quality of coastal recre- bill to amend the Social Security Act George Washington, Abraham Lincoln, ation waters, and for other purposes. to provide individuals with disabilities and Franklin Roosevelt and in recogni- S. 977 with incentives to become economi- tion of the importance of the institu- At the request of Mr. TORRICELLI, the cally self-sufficient. tion of the Presidency and the con- name of the Senator from Illinois [Mr. S. 1875 tributions that Presidents have made DURBIN] was added as a cosponsor of S. At the request of Mr. DASCHLE, the to the development of our Nation and 977, a bill to amend the Forest and name of the Senator from Illinois [Ms. the principles of freedom and democ- Rangeland Renewable Resources Plan- MOSELEY-BRAUN] was added as a co- racy. ning Act of 1974 and related laws to sponsor of S. 1875, a bill to initiate a strengthen the protection of native coordinated national effort to prevent, S. 2354 biodiversity and ban clearcutting on detect, and educate the public concern- At the request of Mr. BOND, the Federal lands, and to designate certain ing Fetal Alcohol Syndrome and Fetal names of the Senator from Arkansas Federal lands as Ancient Forests, Alcohol Effect and to identify effective [Mr. HUTCHINSON], and the Senator Roadless Areas, Watershed Protection interventions for children, adolescents, from Kansas [Mr. BROWNBACK] were Areas, Special Areas, and Federal and adults with Fetal Alcohol Syn- added as cosponsors of S. 2354, a bill to Boundary Areas where logging and drome and Fetal Alcohol Effect, and amend title XVIII of the Social Secu- other intrusive activities are prohib- for other purposes. rity Act to impose a moratorium on ited. S. 2283 the implementation of the per bene- S. 1067 At the request of Mr. DEWINE, the ficiary limits under the interim pay- At the request of Mrs. MURRAY, her names of the Senator from Maryland ment system for home health agencies, name was added as a cosponsor of S. [Ms. MIKULSKI], the Senator from Lou- and to modify the standards for cal- 1067, a bill to prohibit United States isiana [Ms. LANDRIEU], the Senator culating the per visit cost limits and military assistance and arms transfers from North Dakota [Mr. DORGAN], the the rates for prospective payment sys- to foreign governments that are un- Senator from Massachusetts [Mr. KEN- tems under the medicare home health democratic, do not adequately protect NEDY], the Senator from South Dakota benefit to achieve fair reimbursement human rights, are engaged in acts of [Mr. DASCHLE], the Senator from New payment rates, and for other purposes. armed aggression, or are not fully par- Mexico [Mr. BINGAMAN], the Senator S. 2357 ticipating in the United Nations Reg- from Indiana [Mr. LUGAR], and the Sen- At the request of Mr. ASHCROFT, the ister of Conventional Arms. ator from Massachusetts [Mr. KERRY] names of the Senator from Michigan S. 1097 were added as cosponsors of S. 2283, a [Mr. ABRAHAM], the Senator from Kan- At the request of Mr. MOYNIHAN, the bill to support sustainable and broad- sas [Mr. BROWNBACK], the Senator from name of the Senator from Connecticut based agricultural and rural develop- Minnesota [Mr. GRAMS], and the Sen- [Mr. LIEBERMAN] was added as a co- ment in sub-Saharan Africa, and for ator from Idaho [Mr. CRAIG] were added sponsor of S. 1097, a bill to reduce acid other purposes. as cosponsors of S. 2357, a bill requiring deposition under the Clean Air Act, S. 2295 the Congressional Budget Office and and for other purposes. At the request of Mr. MCCAIN, the the Joint Committee on Taxation to S. 1162 names of the Senator from Connecticut use dynamic economic modeling in ad- At the request of Mr. ALLARD, the [Mr. LIEBERMAN], the Senator from dition to static economic modeling in name of the Senator from California North Dakota [Mr. CONRAD], the Sen- the preparation of budgetary estimates [Mrs. BOXER] was added as a cosponsor ator from Nebraska [Mr. KERREY], the of proposed changes in Federal revenue of S. 1162, a bill to amend the Con- Senator from Maine [Ms. SNOWE], the law. trolled Substances Act and the Con- Senator from Virginia [Mr. ROBB], the S. 2358 trolled Substances Import and Export Senator from Rhode Island [Mr. Act with respect to penalties for pow- CHAFEE], the Senator from Idaho [Mr. At the request of Mr. ROCKEFELLER, der cocaine and crack offenses. KEMPTHORNE], the Senator from Ver- the name of the Senator from North ORGAN S. 1334 mont [Mr. LEAHY], the Senator from Dakota [Mr. D ] was added as a At the request of Mr. BOND, the name Colorado [Mr. CAMPBELL], the Senator cosponsor of S. 2358, a bill to provide of the Senator from Oklahoma [Mr. from Alaska [Mr. MURKOWSKI], and the for the establishment of a service-con- NICKLES] was added as a cosponsor of S. Senator from Montana [Mr. BURNS] nection for illnesses associated with 1334, a bill to amend title 10, United were added as cosponsors of S. 2295, a service in the Persian Gulf War, to ex- States Code, to establish a demonstra- bill to amend the Older Americans Act tend and enhance certain health care tion project to evaluate the feasibility of 1965 to extend the authorizations of authorities relating to such service, of using the Federal Employees Health appropriations for that Act, and for and for other purposes. Benefits program to ensure the avail- other purposes. S. 2364 ability of adequate health care for S. 2318 At the request of Mr. CHAFEE, the Medicare-eligible beneficiaries under At the request of Mr. CAMPBELL, the names of the Senator from Texas [Mrs. the military health care system. name of the Senator from Montana HUTCHISON], the Senator from Mary- S. 1529 [Mr. BURNS] was added as a cosponsor land [Mr. SARBANES], the Senator from At the request of Mr. KENNEDY, the of S. 2318, a bill to amend the Internal Ohio [Mr. GLENN], the Senator from name of the Senator from Connecticut Revenue Code of 1986 to phaseout the North Dakota [Mr. DORGAN], the Sen- [Mr. DODD] was added as a cosponsor of estate and gift taxes over a 10-year pe- ator from Rhode Island [Mr. REED], and S. 1529, a bill to enhance Federal en- riod. the Senator from Pennsylvania [Mr. forcement of hate crimes, and for other S. 2346 SANTORUM] were added as cosponsors of purposes. At the request of Mr. ALLARD, the S. 2364, a bill to reauthorize and make S. 1734 name of the Senator from Michigan reforms to programs authorized by the At the request of Mrs. HUTCHISON, the [Mr. ABRAHAM] was added as a cospon- Public Works and Economic Develop- name of the Senator from Alabama sor of S. 2346, a bill to amend the Inter- ment Act of 1965. S9790 CONGRESSIONAL RECORD — SENATE September 1, 1998

S. 2371 [Mr. SESSIONS] was added as a cospon- 1978, 2 U.S.C. 288b(a) and 288c(a)(2), the Sen- At the request of Mr. LOTT, the name sor of amendment No. 3013 intended to ate may direct its counsel to represent Mem- of the Senator from Colorado [Mr. AL- be proposed to S. 1112, a bill to require bers, officers, and employees of the Senate LARD] was added as a cosponsor of S. the Secretary of the Treasury to mint with respect to any subpoena, order, or re- 2371, a bill to amend the Internal Reve- quest for testimony or document production coins in commemoration of Native relating to their official responsibilities; nue Code of 1986 to reduce individual American history and culture. Whereas, by the privileges of the Senate of capital gains tax rates and to provide AMENDMENT NO. 3368 the United States and rule XI of the Stand- tax incentives for farmers. At the request of Mr. GRAHAM the ing Rules of the Senate, no evidence under S. 2382 name of the Senator from New York the control or in the possession of the Senate At the request of Mr. MCCAIN, the [Mr. D’AMATO] was added as a cospon- may, by the judicial or administrative proc- name of the Senator from South Caro- sor of amendment No. 3368 proposed to ess, be taken from such control or possession but by permission of the Senate; lina [Mr. HOLLINGS] was added as a co- S. 2312, an original bill making appro- sponsor of S. 2382, a bill to amend title Whereas, when it appears that evidence priations for the Treasury Department, under the control or in the possession of the XIX of the Social Security Act to allow the United States Postal Service, the Senate may promote the administration of certain community-based organiza- Executive Office of the President, and justice, the Senate will take such action as tions and health care providers to de- certain Independent Agencies, for the will promote the ends of justice consistently termine that a child is presumptively fiscal year ending September 30, 1999, with the privileges of the Senate: Now, eligible for medical assistance under a and for other purposes. therefore, be it Resolved, That the Sergeant-at-Arms and State plan under that title. f SENATE JOINT RESOLUTION 9 Doorkeeper of the Senate is authorized to produce documents relevant to the case of At the request of Mr. KYL, the name SENATE RESOLUTION 268—CON- GRATULATING THE TOMS RIVER Rose Larker, et al. v. Kevin A. Carias-Herrera, of the Senator from Iowa [Mr. GRASS- et al. LEY] was added as a cosponsor of Sen- EAST AMERICAN LITTLE LEAGUE TEAM FOR WINNING SEC. 2. That the Senate Legal Counsel is ate Joint Resolution 9, a joint resolu- authorized to represent the Sergeant-at- tion proposing an amendment to the THE LITTLE LEAGUE WORLD SE- Arms and Doorkeeper of the Senate in con- Constitution of the United States to RIES nection with the production of documents in require two-thirds majorities for in- Mr. LAUTENBERG (for himself and this case. creasing taxes. Mr. TORRICELLI) submitted the follow- f SENATE JOINT RESOLUTION 50 ing resolution; which was considered At the request of Mr. BOND, the and agreed to: AMENDMENTS SUBMITTED names of the Senator from West Vir- S. RES. 268 ginia [Mr. BYRD] and the Senator from Whereas on Saturday, August 29, 1998, the FOREIGN OPERATIONS, EXPORT Maine [Ms. SNOWE] were added as co- Toms River East American Little League sponsors of Senate Joint Resolution 50, team defeated Kashima, Japan, by 12 runs to FINANCING, AND RELATED PRO- a joint resolution to disapprove the 9 runs to win the 52d annual Little League GRAMS APPROPRIATIONS ACT rule submitted by the Health Care Fi- World Series championship; nancing Administration, Department Whereas Toms River East American team of Health and Human Services on June is the first United States team to win the MCCONNELL (AND OTHERS) Little League World Series championship in AMENDMENT NO. 3491 1, 1998, relating to surety bond require- 5 years, and the fourth New Jersey team in ments for home health agencies under history to win Little League’s highest honor; Mr. MCCONNELL (for himself, Mr. the medicare and medicaid programs. and LEAHY, and Mr. HARKIN) proposed an SENATE CONCURRENT RESOLUTION 108 Whereas the Toms River East American amendment to the bill (S. 2334) making At the request of Mr. DORGAN, the team has brought pride and honor to the appropriations for foreign operations, names of the Senator from Florida [Mr. State of New Jersey and the entire Nation: export financing, and related programs GRAHAM], the Senator from Mississippi Now, therefore, be it for the fiscal year ending September 30, Resolved, That the Senate— [Mr. COCHRAN], and the Senator from 1998, and for other purposes; as follows: (1) congratulates the Toms River East Oregon [Mr. WYDEN] were added as co- American Little League Team and its loyal On page 3, line 6, strike the following pro- sponsors of Senate Concurrent Resolu- fans on winning the 52d annual Little League viso: ‘‘Provided further, That the Export Im- tion 108, a concurrent resolution rec- World Series championship; port Bank shall not disburse direct loans, ognizing the 50th anniversary of the (2) recognizes and commends the hard loan guarantees, insurance, or tied aid National Heart, Lung, and Blood Insti- work, dedication, determination, and com- grants or credits for enterprises or programs tute, and for other purposes. mitment to excellence of the team’s mem- in the New Independent States which are majority owned or managed by state enti- SENATE RESOLUTION 193 bers, parents, coaches, and managers; and (3) recognizes and commends the people of ties:’’ At the request of Mr. REID, the Toms River, New Jersey, and the surround- names of the Senator from Texas [Mr. ing area for their outstanding loyalty and MCCONNELL (AND LEAHY) GRAMM] and the Senator from Michi- support for the Toms River East American AMENDMENTS NO. 3292–3294 gan [Mr. ABRAHAM] were added as co- Little League team throughout the team’s sponsors of Senate Resolution 193, a 28-game season. Mr. MCCONNELL (for himself and resolution designating December 13, f Mr. LEAHY) proposed three amend- 1998, as ‘‘National Children’s Memorial ments to the bill, S. 2334, supra; as fol- Day.’’ SENATE RESOLUTION 269—TO AU- lows: THORIZE PRODUCTION OF SEN- SENATE RESOLUTION 259 AMENDMENT NO. 3292 ATE DOCUMENTS AND REP- At the request of Mr. THURMOND, the RESENTATION BY SENATE On page 71, line 17, after the word ‘‘activi- names of the Senator from New York ties’’ insert: ‘‘and, subject to the regular no- LEGAL COUNSEL [Mr. D’AMATO], the Senator from South tification procedures of the Committees on Carolina [Mr. HOLLINGS], the Senator Mr. LOTT (for himself and Mr. Appropriations, energy programs aimed at from Virginia [Mr. ROBB], the Senator DASCHLE) submitted the following reso- reducing greenhouse gas emissions’’. from New Jersey [Mr. TORRICELLI], and lution; which was considered and AMENDMENT NO. 3493 the Senator from Ohio [Mr. DEWINE] agreed to: were added as cosponsors of Senate S. RES. 269 On page 107, line 25, strike ‘‘and activities Resolution 259, a resolution designat- Whereas, in the case of Rose Larker, et al. v. that reduce vulnerability to climate ing the week beginning September 20, Kevin A. Carias-Herrera, et al., Civil No. change.’’ 1998, as ‘‘National Historically Black 97CA06257, pending in the Superior Court for AMENDMENT NO. 3494 Colleges and Universities Week,’’ and the District of Columbia, a subpoena has On page 3, line 5 and 6, strike ‘‘1999 and for other purposes. been issued for the production of documents of the Sergeant-at-Arms and Doorkeeper of 2000’’ and insert in lieu thereof, ‘‘1999, 2000, AMENDMENT NO. 3013 the Senate; 2001 and 2002’’. At the request of Mr. CAMPBELL the Whereas, pursuant to sections 703(a) and On page 8, line 23 and 24, strike ‘‘, and shall name of the Senator from Alabama 704(a)(2) of the Ethics in Government Act of remain available until September 30, 2000’’. September 1, 1998 CONGRESSIONAL RECORD — SENATE S9791 On page 13, line 13, insert ‘‘demining or’’ ‘‘(B) The Attorney General shall waive the (1) the location of the training; after the words ‘‘apply to’’. application of subparagraph (A)(ii) for an (2) the duration of the training; On page 13, line 14, strike ‘‘other’’. alien seeking to pursue a course of study in (3) the number of foreign military person- On page 21, line 3, strike ‘‘other than funds a public secondary school served by a local nel provided the training by country, includ- included in the previous proviso,’’. educational agency (as defined in section ing the units of operation of such personnel; On page 29, line 9, strike ‘‘appropriated’’ 14101 of the Elementary and Secondary Edu- (4) the cost of the training; and insert in lieu thereof ‘‘made available’’. cation Act of 1965 (20 U.S.C. 8801) if the agen- (5) the purpose and nature of the training; On page 29, line 13, strike ‘‘deBremmond’’ cy determines and certifies to the Attorney and and insert in lieu thereof ‘‘deBremond’’. General that such waiver will promote the (6) an analysis of the manner and the ex- On page 31, line 23, insert ‘‘clearance of’’ educational interest of the agency and will tent to which the training meets or conflicts before ‘‘unexploded ordnance’’. not impose an undue financial burden on the with the foreign policy objectives of the On page 39, line 1, insert ‘‘may be made agency.’’. United States, including the furtherance of available’’ after ‘‘(MFO)’’. democracy and civilian control of the mili- On page 40, lines 5 and 6, strike ‘‘Commit- DURBIN AMENDMENTS NOS. 3496– tary and the promotion of human rights. tee’s notification procedures’’ and insert in 3498 lieu thereof, ‘‘regular notification proce- dures of the Committees on Appropriations’’. Mr. DURBIN proposed three amend- BROWNBACK AMENDMENT NO. 3499 ments to the bill, S. 2334, supra; as fol- On page 49, line 2, insert after ‘‘commod- Mr. MCCONNELL (for Mr. lows: ity’’ the following, ‘‘Provided, That such pro- BROWNBACK) proposed an amendment hibition shall not apply to the Export-Im- AMENDMENT NO. 3496 to the bill, S. 2334, supra; as follows: port Bank if in the judgment of its Board of On page 11, line 15, before the period insert On page 15, line 13, before the period insert Directors the benefits to industry and em- the following: ‘‘Provided further, That, of the ployment in the United States are likely to funds appropriated under this heading and the following: ‘‘: Provided, That, of the funds outweigh the injury to United States produc- made available for activities pursuant to the appropriated under this heading, not less ers of the same, similar or competing com- Microenterprise Initiative, not less than one- than $500,000 shall be available only to modity, and the Chairman of the Board so half shall be expended on programs providing Catholic Relief Services solely for the pur- notifies the Committees on Appropriations’’. loans of less than $300 to very poor people, pose of the purchase, transport, or installa- On page 57, line 17, insert ‘‘disease pro- particularly women, or for institutional sup- tion of a hydraulic drilling machine to pro- grams including’’ after ‘‘activities or’’. port of organizations primarily engaged in vide potable drinking water in the region of On page 84, beginning on line 25, through making such loan’’. Nuba Mountains in Sudan’’. page 85, line 5, strike all after the words AMENDMENT NO. 3497 ‘‘The authority’’ through the word, ‘‘coun- MCCAIN (AND OTHERS) tries’’, and insert in lieu thereof, ‘‘Any obli- At the appropriate place in the bill, insert AMENDMENT NO. 3500 gation or portion of such obligation for a the following new section: Latin American country, to pay for pur- SEC. ll. SENSE OF SENATE REGARDING UNITED Mr. MCCAIN (for himself, Mr. LEAHY, chases of United States agricultural com- STATES CITIZENS HELD IN PRISONS and Mr. HELMS) proposed an amend- modities guaranteed by the Commodity IN PERU. ment to the bill, S. 2334, supra; as fol- Credit Corporation under export credit guar- It is the sense of the Senate that— lows: (1) as a signatory of the International Cov- antee programs authorized pursuant to sec- On page 33, line 4, before the colon insert tion 5(f) of the Commodity Credit Corpora- enant on Civil and Political Rights, the Gov- ernment of Peru is obligated to grant pris- the following: ‘‘, and (4) North Korea is not tion Charter Act of June 29, 1948, as amend- actively pursuing the acquisition or develop- ed, section 4(b) of the Food for Peace Act of oners timely legal proceedings pursuant to Article 9 of the International Covenant on ment of a nuclear capability (other than the 1966, as amended (Public Law 89–808), or sec- light-water reactors provided for by the 1994 tion 202 of the Agricultural Trade Act of 1978, Civil and Political Rights, which requires that ‘‘anyone arrested or detained on a Agreed Framework Between the United as amended (Public Law 95–501)’’. States and North Korea) and is fully meeting On page 90, on lines 1, 5, and 15 before the criminal charge shall be brought promptly before a judge or other officer authorized by its obligations under the Treaty on the Non- word ‘‘Government’’ insert the word ‘‘cen- Proliferation of Nuclear Weapons’’. tral’’. law to exercise judicial power and shall be On page 90, line 13, after the word ‘‘re- entitled to trial within a reasonable time or signed’’ insert the word ‘‘or is implement- release’’, and that ‘‘any one who is deprived MCCAIN (AND MURKOWSKI) ing’’. of his liberty by arrest or detention shall be AMENDMENT NO. 3501 On page 91, line 24, before the word ‘‘Gov- entitled to take proceedings before a court, ernment’’ insert the word ‘‘central’’. in order that the court may decide without (Ordered to lie on the table) On page 95, line 5, delete ‘‘steps’’ and insert delay on the lawfulness of his detention and Mr. MCCAIN (for himself and Mr. in lieu thereof, ‘‘effective measures’’. order his release if the detention is not law- MURKOWSKI) submitted an amendment On page 95, line 7 strike the word ‘‘fur- ful’’; intended to be proposed by them to the ther’’. (2) the Government of Peru should respect bill, S. 2334, supra; as follows: On page 106, line 8, strike ‘‘1998 and 1999’’ the rights of prisoners to timely legal proce- dures, including the rights of all United At the appropriate place in the bill, insert and insert in lieu thereof ‘‘1999 and 2000’’. the following new section: On page 109, line 21, strike ‘‘any’’. States citizens held in prisons in that coun- try; and SEC. ll. (a) Congress makes the following On page 117, line 24, after ‘‘remain avail- findings: able’’ insert ‘‘until expended’’. (3) the Government of Peru should take all necessary steps to ensure that any United (1) North Korea has been active in develop- States citizen charged with committing a ing new generations of medium-range and in- LUGAR AMENDMENT NO. 3495 crime in that country is accorded open and termediate-range ballistic missiles, includ- ing both the Nodong and Taepo Dong class Mr. MCCONNELL (for Mr. LUGAR) pro- fair proceedings in a civilian court. missiles. posed an amendment to the bill, S. AMENDMENT NO. 3498 (2) North Korea is not an adherent to Mis- 2334, supra; as follows: At the appropriate place in the bill, insert sile Technology Control Regime, actively co- On page 114, strike all after line 1 through the following new section: operates with Iran and Pakistan in ballistic page 115, line 6 and insert the following: SEC. ll. (a) Not later than January 31, missile programs, and has declared its inten- SEC. 578. LIMITED WAIVER OF REIMBURSEMENT 1999, the Inspector General of the Depart- tion to continue to export ballistic missile REQUIREMENT FOR CERTAIN FOR- ment of Defense and the Inspector General of technology. EIGN STUDENTS. the Department of State shall jointly submit (3) North Korea has shared technology in- Section 214(l)(1) of the Immigration and to Congress a report describing the follow- volved in the Taepo Dong I missile program Nationality Act (8 U.S.C. 1184(l)(1)), as added ing: with Iran, which is concurrently developing by section 625(a)(1) of the Illegal Immigra- (1) The training provided to foreign mili- the Shahab–3 intermediate-range ballistic tion Reform and Immigrant Responsibility tary personnel within the United States missile. Act of 1996 (110 Stat. 3009–699), is amended— under any programs administered by the De- (4) North Korea is developing the Taepo (1) in subparagraph (B), by redesignating partment of Defense or the Department of Dong II intermediate-range ballistic missile, clauses (i) and (ii) as subclauses (I) and (II), State during fiscal year 1998. which is expected to have sufficient range to respectively; (2) The training provided (including the put at risk United States territories, forces, (2) by redesignating subparagraphs (A) and training proposed to be provided) to such and allies throughout the Asia-Pacific area. (B) as clauses (i) and (ii), respectively; personnel within the United States under (5) Multistage missiles like the Taepo (3) by striking ‘‘(l)(1)’’ and inserting such programs during fiscal year 1999. Dong class missile can ultimately be ex- ‘‘(l)(1)(A)’’; and (b) For each case of training covered by the tended to inter-continental range. (4) by adding at the end the following new report under subsection (a), the report shall (6) The bipartisan Commission to Assess subparagraph: include— the Ballistic Missile Threat to the United S9792 CONGRESSIONAL RECORD — SENATE September 1, 1998 States emphasized the need for the United In order to help minimize the adjustment KEMPTHORNE (AND OTHERS) States intelligence community and United costs that the resolution of financial crises AMENDMENTS NOS. 3504–3505 States policy makers to review the meth- may impose on the real economy, in the odology by which they assess foreign missile form of disrupted patterns of trade, employ- Mr. MCCONNELL (for Mr. KEMP- programs in order to guard against surprise ment, and progress in living standards, and THORNE for himself, Mr. CRAIG, and Mr. developments with respect to such programs. reduce the frequency and magnitude of DORGAN) proposed two amendments to (b) It is the sense of Congress that— claims on United States taxpayer resources. the bill, S. 2334, supra as follows: (1) North Korea should be forcefully con- (3) Improving international economic pol- AMENDMENT NO. 3504 demned for its August 31, 1998, firing of a icy cooperation, including among the Group Taepo Dong I intermediate-range ballistic of Seven countries, to take better account of On page 77, line 20, after word ‘‘all’’ insert missile over the sovereign territory of an- the importance of cross-border capital flows ‘‘agriculture commodities,’’. other country, specifically Japan, an event in the determination of exchange rate rela- On page 78, line 3, insert ‘‘(d) The Sec- that demonstrated an advanced capability tionships. retary of the Treasury shall report to Con- for employing multistage missiles, which are (4) Improving international cooperation in gress annually on the efforts of the heads of by nature capable of extended range, includ- the supervision and regulation of financial each Federal agency and the U.S. directors ing intercontinental range; institutions and markets. of international financial institutions (as (2) the United States should reassess its co- (5) Strengthening the financial sector in referenced in section 514) in complying with operative space launch programs with coun- emerging economies, including by improving this sense of Congress resolution.’’ tries that continue to assist North Korea and the coordination of financial sector liberal- Iran in their ballistic missile and cruise mis- ization with the establishment of strong pub- AMENDMENT NO. 3505 sile programs; lic and private institutions in the areas of On page 49, insert ‘‘(a)’’ before ‘‘The.’’ (3) any financial or technical assistance prudential supervision, accounting and dis- On page 50, line 11, add the following: ‘‘(b) provided to North Korea should take into ac- closure conventions, bankruptcy laws and The Secretary of the Treasury shall instruct count the continuing conduct by that coun- administrative procedures, and the collec- the United States Executive Directors of try of activities which destabilize the region, tion and dissemination of economic and fi- international financial institutions listed in including the missile firing referred to in nancial statistics, including the maturity paragraph (a) of this section to use the voice paragraph (1), continued submarine incur- structure of foreign indebtedness. and vote of the United States to support the sions into South Korea territorial waters, (6) Advocating that implementation of Eu- purchase of American produced agricultural and violations of the demilitarized zone sep- ropean Economic and Monetary Union and commodities with funds appropriated or arating North Korea and South Korea; the advent of the European Currency Unit, made available pursuant to this Act.’’ (4) the recommendations of the Commis- or euro, proceed in a manner that is consist- sion to Assess the Ballistic Missile Threat to ent with strong global economic growth and the United States should be incorporated stability in world financial markets. SPECTER (AND OTHERS) into the analytical process of the United AMENDMENT NO. 3506 States intelligence community as soon as possible; and Mr. SPECTER (for himself, Mr. BUMPERS (AND HUTCHINSON) BIDEN, and Mr. HARKIN) proposed an (5) the United States should accelerate co- AMENDMENT NO. 3503 operative theater missile defense programs amendment to the bill, S. 2334, supra; with Japan. Mr. LEAHY (for Mr. BUMPERS, for as follows: himself, and Mr. HUTCHINSON) proposed At the appropriate place in the bill, insert DASCHLE (AND LEAHY) an amendment to the bill, S. 2334, the following: AMENDMENT NO. 3502 supra as follows: SEC. . Of the funds appropriated by this Act, or prior Acts making appropriations for Mr. LEAHY (for Mr. DASCHLE for At the appropriate place add the following: foreign operations, export financing, and re- SEC. . SENSE OF THE CONGRESS REGARDING himself and Mr. LEAHY) proposed an lated programs, not less than $28,900,000 shall amendment to the bill, S. 2334, supra; INTERNATIONAL COOPERATION IN RECOVERING CHILDREN ABDUCTED be made available for expenses related to the as follows: IN THE UNITED STATES AND TAKEN Comprehensive Nuclear Test Ban Treaty At the appropriate place insert the follow- TO OTHER COUNTRIES. Preparatory Commission; Provided, That ing: (a) FINDINGS.—Congress finds that— such funds may be made available through SECTION 1. SHORT TITLE.—Progress Reports (1) Many children in the United States the regular notification procedures of the to Congress on United States Initiatives to have been abducted by family members who Committee on Appropriations. Update the Architecture of the International are foreign nationals and living in foreign Monetary System. countries; SEC. 2. REPORTS REQUIRED.—Not later than (2) children who have been abducted by an FEINSTEIN (AND McCONNELL) July 15, 1999 and July 15, 2000, the Secretary estranged father are very rarely returned, AMENDMENT NO. 3507 of the Treasury shall report to the Chairmen through legal remedies, from countries that Mrs. FEINSTEIN (for herself and Mr. and Ranking Members of the Senate Com- only recognize the custody rights of the fa- mittees on Appropriations, Foreign Rela- ther; MCCONNELL) proposed an amendment tions, and Banking, Housing and Urban Af- (3) there are at least 140 cases that need to to the bill, S. 2334, supra, as follows: fairs and House Committees on Appropria- be resolved in which children have been ab- At the appropriate place in title V, insert tions and Banking and Financial Services on ducted by family members and taken to for- the following: the progress of efforts to reform the archi- eign countries; SEC. . (a) FINDINGS.—Congress makes the tecture of the international monitary sys- (4) although the Convention on the Civil following findings: tem. The reports shall include a discussion of Aspects of International Child Abduction, (1) Indonesia is the World’s 4th most popu- the substance of the U.S. position in con- done at the Hague on October 24, 1980, has lous nation, with a population in excess of sultations with other governments and the made progress in aiding the return of ab- 200,000,000 people. degree of progress in achieving international ducted children, the Convention does not ad- (2) Since 1997, political, economic, and so- acceptance and implementation of such posi- dress the criminal aspects of child abduc- cial turmoil in Indonesia has escalated. tion with respect to the following issues: (1) Adapting the mission and capabilities of tion, and there is a need to reach agreements (3) Indonesia is comprised of more than the International Monetary Fund to take regarding child abduction with countries 13,000 islands located between the mainland better account of the increased importance that are not parties to the Convention; and of Southeast Asia and Australia. Indonesia of cross-border capital flows in the world (5) decisions on awarding custody of chil- occupies an important strategic location, economy and improving the coordination of dren should be made in the children’s best straddling vital sea lanes for communication its responsibilities and activities with those interest, and persons who violate laws of the and commercial transportation including all of the International Bank for Reconstruction United States by abducting their children or part of every major sea route between the and Development. should not be rewarded by being granted cus- Pacific Ocean and the Indian Ocean, more (2) Advancing measures to prevent, and im- tody of those children. than 50 percent of all international shipping prove the management of, international fi- (b) SENSE OF THE CONGRESS.—It is the sense trade, and sea lines of communication used nancial crises, including by— of the Congress that the United States Gov- by the United States Pacific Command to (a) integrating aspects of national bank- ernment should promote international co- support operations in the Persian Gulf. ruptcy principles into the management of operation in working to resolve those cases (4) Indonesia has been an important ally of international financial crises where feasible; in which children in the United States are the United States, has made vital contribu- and abducted by family members who are foreign tions to the maintenance of regional peace (b) changing investor expectations about nationals and taken to foreign countries, and and stability through its leading role in the official rescues, thereby reducing moral haz- in seeing that justice is served by holding ac- Association of South East Asian Nations ard and systemic risk in international finan- countable the abductors for violations of (ASEAN) and the Asia Pacific Economic Co- cial markets— criminal law. operation forum (APEC), and has promoted September 1, 1998 CONGRESSIONAL RECORD — SENATE S9793 United States economic, political, and secu- for a more open and participatory society in to numerous reports by human rights groups, rity interests in Asia. Indonesia; United Nations officials, and the press, eth- (5) In the 25 years before the onset of the (D) working with international financial nic Chinese in Indonesia were specifically recent financial crisis in Asia, the economy institutions to recapitalize and reform the targeted in the riots for attacks which in- of Indonesia grew at an average rate of 7 per- banking system, restructure corporate debt, cluded acts of brutality, looting, arson, and cent per year. and introduce economic and legal trans- rape. (6) Since July 1997, the Indonesian rupiah parency in Indonesia; (2) Credible reports indicate that, between has lost 70 percent of its value, and the Indo- (E) urging the Government of Indonesia to May 13 and May 15, 1998, at least 150 Chinese nesian economy is now at a near standstill remove, to the maximum extent possible, women and girls, some as young as 9 years of characterized by inflation, tight liquidity, barriers to trade and investment which im- age, were systematically raped as part of a and rising unemployment. pede economic recovery in Indonesia, includ- campaign of racial violence in Indonesia, and (7) Indonesia has also faced a severe ing tariffs, quotas, export taxes, nontariff 20 of these women subsequently died from in- drought and massive fires in the past year barriers, and prohibitions against foreign juries incurred during these rapes. which have adversely affected its ability to ownership and investment; (3) Credible evidence indicates that these produce sufficient food to meet its needs. (F) urging the Government of Indonesia rapes were the result of a systematic and or- (8) As a consequence of this economic in- to— ganized operation and may well have contin- stability and the drought and fires, as many (i) recognize the importance of the partici- ued to the present time. as 100,000,000 people in Indonesia may experi- pation of all Indonesians, including ethnic (4) Indonesia President Habibie has stated ence food shortages, malnutrition, and pos- and religious minorities, in the political and that he believes the riots and rapes to be sible starvation as a result of being unable to economic life of Indonesia; ‘‘the most inhuman acts in the history of the purchase food. These conditions increase the (ii) take appropriate action to assure the nation’’, that they were ‘‘criminal’’ acts, and potential for widespread social unrest in In- support and protection of minority partici- that ‘‘we will not accept it, we will not let it donesia. pation in the political, social, and economic happen again.’’. (9) Following the abdication of Indonesia life of Indonesia; and (5) Indonesian human rights groups have President Suharto in May 1998, Indonesia is (iii) release individuals detained or impris- asserted that the Indonesia Government in the midst of a profound political transi- oned for their political views. failed to take action necessary to control the tion. The current president of Indonesia, B.J. (G) support for efforts by the Government riots, violence, and rapes directed against Habibie, has called for new parliamentary of Indonesia to cast a wide social safety net ethnic Chinese in Indonesia and that some elections in mid-1999, allowed the formation in order to provide relief to the neediest In- elements of the Indonesia military may have of new political parties, and pledged to re- donesians and to restore hope to those Indo- participated in such acts. solve the role of the military in Indonesian nesians who have been harmed by the eco- (6) The Executive Director of the United society. nomic crisis in Indonesia; Nations Development Fund for Women has (10) The Government of Indonesia has (H) support for efforts to build democracy stated that the attacks were an ‘‘organized taken several important steps toward politi- in Indonesia in order to strengthen political reaction to a crisis and culprits must be cal reform and support of democratic institu- participation and the development of legiti- brought to trial’’ and that the systematic tions, including support for freedom of ex- mate democratic processes and the rule of use of rape in the riots ‘‘is totally unaccept- pression, release of political prisoners, for- law in Indonesia, including support for orga- able. . . and even more disturbing than rape mation of political parties and trade unions, nizations, such as the Asia Foundation and war crimes, as Indonesia was not at war with preparations for new elections, removal of the National Endowment for Democracy, another country but caught in its own inter- ethnic designations from identity cards, and nal crisis’’. which can provide technical assistance in de- commitments to legal and civil service re- (7) The Indonesia Government has estab- veloping and strengthening democratic polit- forms which will increase economic and legal lished the Joint National Fact Finding Team ical institutions and processes in Indonesia; transparency and reduce corruption. to investigate the violence and allegations of (I) calling on the Government of Indonesia (11) To address the food shortages in Indo- gang rapes, but there are allegations that to repeal all laws and regulations that dis- nesia, the United States Government has the investigation is moving slowly and that criminate on the basis of religion or eth- made more than 230,000 tons of food available the Team lacks the authority necessary to nicity and to ensure that all new laws are in to Indonesia this year through grants and so- carry out an appropriate investigation. keeping with international standards on called ‘‘soft’’ loans and has pledged support (b) SENSE OF CONGRESS.—It is the sense of human rights; and for additional wheat and food to meet emer- Congress that— gency needs in Indonesia. (J) calling on the Government of Indonesia (1) the mistreatment of ethnic Chinese in (12) United States national security inter- to establish, announce publicly, and adhere Indonesia and the criminal acts carried out ests are well-served by political stability in to a clear timeline for parliamentary elec- against them during the May 1998 riots in In- Indonesia and by friendly relations between tions in Indonesia. donesia is deplorable and condemned; (c) REPORT.—(1) Not later than 6 months the United States and Indonesia. (2) a complete, full, and fair investigation after the date of enactment of this Act, the (b) SENSE OF CONGRESS.—It is the sense of of such criminal acts should be completed by Congress that— Secretary of State shall submit to Congress the earliest possible date, and those identi- (1) the decision of the Clinton Administra- a report containing the following: fied as responsible for perpetrating such tion to make available at least 1,500,000 tons (A) A description and assessment of the ac- criminal acts should be brought to justice; of wheat, wheat products, and rice for dis- tions taken by the Government of the United (3) the investigation by the Government of tribution to the most needy and vulnerable States to work with the Government of Indo- Indonesia, through its Military Honor Coun- Indonesians is vital to the well-being of all nesia to further the objectives referred to in cil, of those members of the armed forces of Indonesians; subsection (b)(3). Indonesia suspected of possible involvement (2) the Clinton Administration should work (B) A description and assessment of the ac- in the May 1998 riots, and of any member of with the World Food Program and non- tions taken by the Government of Indonesia the armed forces of Indonesia who may have governmental organizations to design pro- to further such objectives. participated in criminal acts against the grams to make the most effective use of food (C) An evaluation of the implications of people of Indonesia during the riots, is com- donations in Indonesia and to expedite deliv- the matters described and assessed under mended and should be supported; ery of food assistance in order to reach those subparagraphs (A) and (B), and any other ap- (4) the Government of Indonesia should in Indonesia most in need; propriate matters, for relations between the take action to assure— (3) the Clinton Administration should United States and Indonesia. (A) the full observance of the human rights adopt a more active approach in support of (2) The report under this subsection shall of the ethnic Chinese in Indonesia and of all democratic institutions and processes in In- be submitted in unclassified form, but may other minority groups in Indonesia; donesia and provide assistance for continued include a classified annex. (B) the implementation of appropriate economic and political development in Indo- measures to prevent ethnic-related violence nesia, including— FEINSTEIN (AND OTHERS) and rapes in Indonesia and to safeguard the (A) support for humanitarian programs AMENDMENT NO. 3508 physical safety of the ethnic Chinese com- aimed at preventing famine, meeting the Mrs. FEINSTEIN (for herself, Mr. munity in Indonesia; needs of the Indonesian people, and inculcat- (C) prompt follow through on its an- ing social stability; MCCONNELL, and Mrs. BOXER) proposed nounced intention to provide damage loans (B) leading a multinational effort (includ- an amendment to the bill, S. 2334, to help rebuild businesses and homes for ing the active participation of Japan, the na- supra; as follows: those who suffered losses in the riots; and tions of Europe, and other nations) to assist At the appropriate place in title V, insert (D) the provision of just compensation for the programs referred to in subparagraph the following: victims of the rape and violence that oc- (A); SEC. ll. (a) FINDINGS.—Congress makes curred during the May 1998 riots in Indo- (C) calling on donor nations and humani- the following findings: nesia, including medical care; tarian and food aid programs to make addi- (1) In May 1998, more than 1,200 people died (5) the Clinton Administration and the tional efforts to meet the needs of Indonesia in Indonesia as a result of riots, targeted at- United Nations should provide support and and its people while laying the groundwork tacks, and violence in Indonesia. According assistance to the Government of Indonesia, S9794 CONGRESSIONAL RECORD — SENATE September 1, 1998 and to nongovernmental organizations, in under significantly less free market condi- At the appropriate place in the bill insert the investigations into the May 1998 riots in tions than those imposed on the Republic of the following: Indonesia in order to expedite such inves- Korea and other democratic, free market na- ‘‘Notwithstanding any other provision of tigations; and tions in Southeast Asia. law, of the amounts made available under (6) Indonesia should ratify the United Na- Title II of this Act, not less than $10,000,000 tions Convention on Racial Discrimination, ASHCROFT (AND OTHERS) shall be made available only for assistance Torture, and Human Rights. AMENDMENT NO. 3510 to the Iraqi democratic opposition for such (c) SUPPORT FOR INVESTIGATIONS.—Of the activities as organization, training, commu- amounts appropriated by this Act for Indo- Mr. MCCONNELL (for Mr. ASHCROFT nication and dissemination of information, nesia, the Secretary of State, after consulta- for himself, Mr. FEINGOLD, and Mr. and developing and implementing agree- tion with Congress, shall make available FAIRCLOTH) proposed an amendment to ments among opposition groups; Provided, such funds as the Secretary considers appro- the bill, S. 2334, supra; as follows: that any agreement reached regarding the priate in order to provide support and tech- obligation of funds under the previous pro- On page 109, strike lines 15–23, and insert in nical assistance to the Government of Indo- viso shall include provisions to ensure appro- lieu thereof the following: nesia, and to independent nongovernmental priate monitoring on the use of such funds; organizations, for purposes of conducting SEC. . PROHIBITION ON ASSISTANCE TO THE Provided further that of this amount not less full, fair, and impartial investigations into DEMOCRATIC REPUBLIC OF CONGO. than $3,000,000 shall be made available as a the allegations surrounding the riots, vio- None of the funds appropriated or other- grant to Iraqi National Congress, to be ad- lence, and rape of ethnic Chinese in Indo- wise made available by this Act may be pro- ministered by its Executive Committee for nesia in May 1998. vided to the central Government of the the benefit of all constituent groups of the Democratic Republic of Congo until such (d) REPORT.—(1) Not later than 6 months Iraqi National Congress; provided further after the date of enactment of this Act, the time as the President reports in writing to that of the amounts previously appropriated Secretary of State shall submit to Congress the Speaker of the House of Representatives, under section 10008 of Public Law 105–174 not a report containing the following: the Majority Leader of the Senate, the Inter- less than $2,000,000 shall be made available as (A) An assessment of— national Relations Committee of the House, a grant to INDICT, the International Cam- (i) whether or not there was a systematic the Foreign Relations Committee of the Sen- paign to Indict Iraqi War Criminals, for the and organized campaign of violence, includ- ate, the Appropriations Committee of the purpose of compiling information to support ing the use of rape, against the ethnic Chi- Senate, and the Appropriations Committee the indicting of Iraqi officials for war nese community in Indonesia during the May of the House that the central Government of crimes; Provided further that of the amounts 1998 riots in Indonesia; and the Democratic Republic of Congo is— made available under this section, not less (ii) the level and degree of participation, if (1) investigating and prosecuting those re- than $1,000,000 shall be made available as a any, of members of the Government or sponsible for civilian massacres, serious grant to INDICT, the International Cam- armed forces of Indonesia in the riots. human rights violations, or other atrocities paign to Indict Iraqi War Criminals, for the (B) An assessment of the adequacy of the committed in the Congo; and purpose of compiling information to support actions taken by the Government of Indo- (2) implementing a credible democratic the indictment of Iraqi officials for war nesia to investigate the May 1998 riots in In- transition program, which includes crimes; Provided further that of the amounts (A) the establishment of an independent donesia, bring the perpetrators of the riots made available under this section, not less electoral commission; to justice, and ensure that similar riots do than $3,000,000 shall be made available only (B) the release of individuals detained or not recur. for the conduct of activities by the Iraqi imprisoned for their political views; (C) An evaluation of the implications of democratic opposition inside Iraq; Provided (C) the maintenance of a conducive envi- the matters assessed under subparagraphs further that within 30 days of enactment of ronment for the free exchange of political (A) and (B) for relations between the United this Act the Secretary of State shall submit views, including the freedoms of association, States and Indonesia. a detailed report to the appropriate commit- speech, and press; and (2) The report under this subsection shall tees of Congress on implementation of this (D) the conduct of free and fair national be submitted in unclassified form, but may section.’’ elections for both the legislative and execu- include a classified annex. tive branches of government. Notwithstanding the aforementioned re- WELLSTONE AMENDMENT NO. 3513 BOXER AMENDMENT NO. 3509 strictions, the President may provide elec- Mr. MCCONNELL (for Mr. toral assistance to the central Government Mrs. BOXER proposed an amendment WELLSTONE) proposed an amendment to to the bill, S. 2334, supra; as follows: of the Democratic Republic of Congo for any fiscal year if the President certifies to the the bill, S. 2334, supra; as follows: At the appropriate place in the bill, insert International Relations Committee of the At the appropriate place in the bill, insert the following: House, the Foreign Relations Committee of the following: SEC. ll. SENSE OF CONGRESS REGARDING THE the Senate, the Appropriations Committee of SEC.ll. TRAFFICKING IN WOMEN AND CHIL- IMF RESPONSE TO THE ECONOMIC the Senate, and the Appropriations Commit- DREN. CRISIS IN RUSSIA. tee of the House that the central Govern- The Secretary of State, in consultation (a) Congress finds that— ment of the Democratic Republic of Congo with the Attorney General and appropriate (1) Russia is currently facing a severe eco- has taken steps to ensure that conditions in nongovernmental organizations, shall— nomic crisis that threatens President Boris subsection 2 (A), (B), and (C) have been met. (1) develop curricula and conduct training Yeltsin’s ability to maintain power; for United States consular officers on the (2) The Russian Communist Party will ASHCROFT AMENDMENT NO. 3511 prevalence and risks of trafficking in women soon be a part of the government of the Rus- and children, and the rights of victims of sian Republic and may be given real influ- Mr. MCCONNELL (for Mr. ASHCROFT) such trafficking; and ence over Russian economic policies; proposed an amendment to the bill, S. (2) develop and disseminate to aliens seek- (3) The International Monetary Fund has 2334, supra; as follows: ing to obtain visas written materials describ- continued to provide funding to Russia de- ing the potential risks of trafficking, includ- spite Russia’s refusal to implement reforms At the appropriate place in the bill, insert the following: ing— tied to the funding; (A) information as to the rights of victims SEC. . PROHIBITION ON ASSISTANCE TO THE (4) The Russian economic crisis follows a in the United States of trafficking in women similar crisis in Asia; PALESTINIAN BROADCASTING COR- PORATION. and children, including legal and civil rights (5) The International Monetary Fund im- None of the funds appropriated or other- in labor, marriage, and for crime victims posed strict requirements on the Republic of wise made available by this Act may be used under the Violence Against Women Act; and Korea and other democratic and free market to provide equipment, technical support, (B) the names of support and advocacy or- nations in Asia; training, consulting services, or any other ganizations in the United States. (6) The International Monetary Fund has form of assistance to the Palestinian Broad- not imposed the same requirements on Rus- casting Corporation or any similar organiza- sia; and LEAHY (AND OTHERS) tion. (7) Russia has not made the same commit- AMENDMENT NO. 3514 ment to free market economic principles as Mr. MCCONNELL (for Mr. LEAHY for the Republic of Korea and other Asian na- LOTT (AND OTHERS) AMENDMENT himself, Mr. DODD, Mr. HARKIN, and Mr. tions receiving assistance from the Inter- NO. 3512 national Monetary Fund. LAUTENBERG) proposed an amendment Mr. MCCONNELL (for Mr. LOTT for (b) It is the sense of Congress that the to the bill, S. 2334, supra; as follows: International Monetary Fund should not himself, Mr. KYL, Mr. BROWNBACK, and At the appropriate place in the bill, insert provide funding to a Russian government Mr. MCCONNELL) proposed an amend- the following: whose economic policies are significantly af- ment to the bill, S. 2334, supra; as fol- SEC. . (a) Findings.—Congress makes the fected by the Russian Communist Party, or lows: following findings: September 1, 1998 CONGRESSIONAL RECORD — SENATE S9795 (1) The December 2, 1980 brutal assault and benefits to United States forces derived from before the court, and to comply fully with all murder of four American churchwomen by each such training activity and the United the requirements of the United Nations Se- members of the Salvadoran National Guard States military units involved in each such curity Council resolutions. was covered up and never fully investigated: training activity. This report may include a (11) Secretary of State Albright has said (2) On July 22 and July 23, 1998, Salvadoran classified annex if deemed necessary and ap- that the United States will urge a multilat- authorities granted three of the National propriate. eral oil embargo against Libya in the United Guardsmen convicted of the crimes early re- (b) For purposes of this section a report to Nations Security Council if Colonel Muam- lease from prison; Congress shall be deemed to mean a report to mar Qadaffi does not transfer the suspects to (3) The United Nations Truth Commission the Appropriations and Foreign Relations the Netherlands to stand trial. for El Salvador determined in 1993 that there Committees of the Senate and the Appro- (12) The United Nations Security Council was sufficient evidence that the Guardsmen priations and International Relations Com- will convene on October 30, 1998, to review were acting on orders from their superiors; mittees of the House. sanctions imposed on Libya. (4) In March 1998, four of the convicted (b) SENSE OF CONGRESS.—It is the sense of Guardsmen confessed that they acted after KENNEDY (AND OTHERS) Congress that— receiving orders from their superiors; AMENDMENT NO. 3516 (1) Colonel Qadaffi should promptly trans- (5) Recently declassified documents from fer the indicted suspects Abdel Basset Al- the State Department show that United Mr. MCCONNELL (for Mr. KENNEDY Megrahi and Lamen Khalifa Fhimah to the States Government officials were aware of for himself, Mr. LAUTENBERG, Mr. Netherlands to stand trial before the Scot- information suggesting the involvement of D’AMATO, and Mr. TORRICELLI) pro- tish court; superior officers in the murders; posed an amendment to the bill, S. (2) the United States Government should (6) United States officials granted perma- 2334, supra; as follows: remain firm in its commitment not to nego- nent residence to a former Salvadoran mili- tiate with Colonel Qadaffi on any of the de- At the appropriate place in the bill, insert tary official involved in the cover-up of the tails of the proposal approved by the United the following: murders, enabling him to remain in Florida; Nations in United Nations Security Council ll and SEC. . SENSE OF CONGRESS REGARDING THE Resolution 1192; and (7) Despite the fact that the murders oc- TRIAL IN THE NETHERLANDS OF THE SUSPECTS INDICTED IN THE (3) if Colonel Qadaffi does not transfer the curred over 17 years ago, the families of the BOMBING OF PAN AM FLIGHT 103. indicted suspects Abdel Basset Al-Megrahi four victims continue to seek the disclosure (a) FINDINGS.—Congress makes the follow- and Lamen Khalifa Fhimah to the Nether- of information relevant to the murders. ing findings: lands by October 29, 1998, the United States (b) SENSE OF CONGRESS. —It is the sense of (1) On December 21, 1988, 270 people, includ- Permanent Representative to the United Na- Congress that— ing 189 United States citizens, were killed in tions should— (1) information relevant to the murders a terrorist bombing on Pan Am Flight 103 (A) introduce a resolution in the United should be made public to the fullest extent over Lockerbie, Scotland. Nations Security Council to impose a multi- possible; (2) Britain and the United States indicted lateral oil embargo against Libya; (2) the Secretary of State and the Depart- 2 Libyan intelligence agents—Abdel Basset (B) actively promote adoption of the reso- ment of State are to be commended for fully Al-Megrahi and Lamen Khalifa Fhimah—in lution by the United Nations Security Coun- releasing information regarding the murders 1991 and sought their extradition from Libya cil; and to the victims’ families and to the American to the United States or the United Kingdom (C) assure that a vote will occur in the public, in prompt response to Congressional to stand trial for this heinous terrorist act. United Nations Security Council on such a requests; (3) The United Nations Security Council resolution. (3) the President should order all other called for the extradition of the suspects in Federal agencies and departments that pos- Security Council Resolution 731 and imposed FEINGOLD AMENDMENT NO. 3517 sess relevant information to make every ef- sanctions on Libya in Security Council Reso- fort to declassify and release to the victims’ Mr. MCCONNELL (for Mr. FEINGOLD) lutions 748 and 883 because Libyan leader, families relevant information as expedi- Colonel Muammar Qadaffi, refused to trans- proposed an amendment to the bill, S. tiously as possible; fer the suspects to either the United States 2334, supra; as follows: (4) in making determinations concerning or the United Kingdom to stand trial. At the appropriate place in the bill, insert the declassification and release of relevant (4) The sanctions in Security Council Reso- the following: information, the Federal agencies and de- lutions 748 and 883 include a worldwide ban ll partments should presume in favor of releas- SEC. . DEVELOPMENT ASSISTANCE IN NIGE- on Libya’s national airline, a ban on flights RIA. ing, rather than of withholding, such infor- into and out of Libya by other nations’ air- mation; and (a) FINDINGS.—Congress makes the follow- lines, a prohibition on supplying arms, air- (5) the President should direct the Attor- ing findings: plane parts, and certain oil equipment to ney General to review the circumstances (1) The bilateral development assistance Libya, and a freeze on Libyan government under which individuals involved in either program in Nigeria has been insufficiently funds in other countries. the murders or the cover-up of the murders funded and staffed, and the United States (5) Colonel Qaddafi has continually refused obtained residence in the United States, and has missed opportunities to promote democ- to extradite the suspects to either the the Attorney General should submit a report racy and good governance as a result. United States or the United Kingdom and to the Congress on the results of such review (2) The recent political upheaval in Nigeria has insisted that he will only transfer the not later than January 1, 1999. necessitates a new strategy for United suspects to a third and neutral country to States bilateral assistance program in that stand trial. country that is focused on promoting a tran- DODD (AND HARKIN) AMENDMENT (6) On August 24, 1998, the United States sition to democracy. NO. 3515 and the United Kingdom proposed that Colo- (b) SENSE OF CONGRESS.—It is the sense of Mr. MCCONNELL (for Mr. DODD for nel Qadaffi transfer the suspects to the Neth- Congress that the President, acting through erlands, where they would stand trial before the United States Agency for International himself and Mr. HARKIN) proposed an a Scottish court, under Scottish law, and Development, should— amendment to the bill, S. 2334, supra; with a panel of Scottish judges. (1) develop a new strategy for United as follows: (7) The United States-United Kingdom pro- States bilateral assistance for Nigeria that is At the appropriate place in the bill add the posal is consistent with those previously en- focused on the development of civil society following new section: dorsed by the Organization of African Unity, and the rule of law and that involves a broad SEC. . (a) The Secretary of Defense and the League of Arab States, the Non-Aligned cross-section of Nigerian society but does the Secretary of State shall jointly provide Movement, and the Islamic Conference. not provide for any direct assistance to the to the Congress by January 31, 1999, a report (8) The United Nations Security Council Government of Nigeria, other than humani- on all overseas military training provided to endorsed the United States-United Kingdom tarian assistance, unless and until that foreign military personnel under programs proposal on August 27, 1998, in United Na- country successfully completes a transition administered by the Department of Defense tions Security Council Resolution 1192. to civilian, democratic rule; and the Department of State during fiscal (9) The United States Government has (2) increase the number of United States years 1998 and 1999, including those proposed stated that this proposal is nonnegotiable personnel at such Agency’s office in Lagos, for fiscal year 1999. This report shall include, and has called on Colonel Qadaffi to respond Nigeria, from within the current, overall for each such military training activity, the promptly, positively, and unequivocally to staff resources of such Agency in order for foreign policy justification and purpose for this proposal by ensuring the timely appear- such office to be sufficiently staffed to carry the training activity, the cost of the training ance of the two accused individuals in the out paragraph (1); and activity, the number of foreign students Netherlands for trial before the Scottish (3) consider the placement of such Agen- trained and their units of operation, and the court. cy’s personnel elsewhere in Nigeria. location of the training. In addition, this re- (10) The United States Government has (c) REPORT.—Not later than 90 days after port shall also include, with respect to called on Libya to ensure the production of the date of enactment of this Act, the Presi- United States personnel, the operational evidence, including the presence of witnesses dent, acting through the United States S9796 CONGRESSIONAL RECORD — SENATE September 1, 1998 Agency for International Development, shall against United States nationals and inter- thereafter, the Secretary of State shall sub- submit to the Committees on Appropriations ests; mit to the appropriate congressional com- and Foreign Relations of the Senate and the ‘‘(H) extraditing to the United States indi- mittees a report which includes the follow- Committees on Appropriations and Inter- viduals in its custody who are suspected of ing information (in classified or unclassified national Relations of the House of Rep- participating in the planning, funding, or form as appropriate); resentatives a report on the strategy devel- conduct of terrorist attacks against United (1) Actions taken by representatives of the oped under subsection (b)(1). States nationals and interests; and United States, including the United States ‘‘(I) sharing intelligence with the United Ambassador to the United Nations, to en- FEINSTEIN AMENDMENT NO. 3518 States about terrorist activity, in general, courage the nations of the Western Europe and terrorist activity directed against and Others Group (WEOG) to accept Israel Mr. MCCONNELL (for Mrs. FEIN- United States nationals and interests, in into their regional bloc: STEIN) proposed an amendment to the particular; and (2) efforts undertaken by the Secretary bill, S. 2334, supra; as follows: ‘‘(2) any other matters that the President General of the United Nations to secure At the appropriate place in the bill, insert considers appropriate.’’; and Israel’s full and equal participation in that the following: (4) in subsection (e), as so redesignated, by body; (3) specific responses solicited and received SEC. ll. Section 40A of the Arms Export striking ‘‘national interests’’ and inserting by the Secretary of State from each of the Control Act (22 U.S.C. 2781) is amended— ‘‘national security interests’’. nations of Western Europe and Others Group (1) in subsection (a), by striking ‘‘that the (WEOG) on their position concerning Israel’s President’’ and all that follows and inserting CRAIG AMENDMENT NO. 3519 acceptance into their organization; and ‘‘unless the President determines and cer- Mr. MCCONNELL (for Mr. CRAIG) pro- (4) other measures being undertaken, and tifies to Congress for purposes of that fiscal which will be undertaken, to ensure and pro- year that the government of the country is posed an amendment to the bill, S. mote Israel’s full and equal participation in cooperating fully with the United States, or 2334, supra; as follows: the United Nations. is taking adequate actions on its own, to On page 82, at line 10, strike ‘‘Yugoslavia.’’ help achieve United States antiterrorism ob- and add in lieu thereof the following: jectives.’’; ‘‘Yugoslavia: Provided further, That funding SMITH (AND OTHERS) (2) by redesignating subsection (b) as sub- for any tribunal under this act shall not be AMENDMENT NO. 3521 section (e); construed as an endorsement or precedent Mr. MCCONNELL (for Mr. SMITH of (3) by inserting after subsection (a), as so for the establishment of any standing or per- Oregon, for himself, Mr. BIDEN, Mr. amended, the following new subsections (b), manent international criminal tribunal or (c), and (d): court: Provided further, That funds under this D’AMATO, and Mr. JOHNSON) proposed ‘‘(b) REQUIREMENT FOR CONTINUING CO- act shall not be available for any tribunal an amendment to the bill, S. 2334, OPERATION.—(1) Notwithstanding the submit- during any period in which the Subcommit- supra; as follows: tal of a certification with respect to a coun- tee on International Operations of the Com- At the appropriate place, add the follow- try for purposes of a fiscal year under sub- mittee on the Foreign Relations has not held ing: hearings on the practices and procedures of section (a), the prohibition in that sub- SEC. . SANCTIONS AGAINST SERBIA-MONTENE- section shall apply to the country for the re- such tribunal and reported to the Chairman GRO. mainder of that fiscal year if the President of the Committee on Foreign Relations and (a) CONTINUATION OF EXECUTIVE BRANCH determines and certifies to Congress that the the Committee on the Judiciary that such SANCTIONS.—The sanctions listed in sub- government of the country has not contin- tribunal does not engage in any practice or section (b) shall remain in effect until Janu- ued to cooperate fully with United States, or procedure that is violative of fundamental ary 1, 2000, unless the President submits to to take adequate actions on its own, to help principles of justice embodied in the guaran- the Committees on Appropriations and For- achieve United States antiterrorism objec- tees and protections of the Constitution of eign Relations of the Senate and the Com- tives. the United States.’’ mittees on Appropriations and International ‘‘(2) A certification under paragraph (1) Relations of the House of Representatives a shall take effect on the date of its submittal SMITH (AND OTHERS) certification described in subsection (c). to Congress. AMENDMENT NO. 3520 (b) APPLICABLE SANCTIONS.— ‘‘(c) SCHEDULE FOR CERTIFICATIONS.—(1) (1) The Secretary of the Treasury shall in- The President shall, to the maximum extent Mr. MCCONNELL (for Mr. SMITH of struct the United States executive directors practicable, submit a certification with re- Oregon for himself, Mr. THOMAS, Mr. of the international financial institutions to spect to a country for purposes of a fiscal BROWNBACK, Mr. ALLARD, Mr. BOND, work in opposition to, and vote against, any year under subsection (a) not later than Sep- Mr. GRAMS, Mr. DODD, Mr. SESSIONS, extension by such institutions of any finan- tember 1 of the year in which that fiscal year MS. COLLINS, Mr. D’AMATO, Mr. WYDEN, cial or technical assistance or grants of any begins. and Mr. LAUTENBERG) proposed an kind to the government of Serbia-Montene- ‘‘(2) The President may submit a certifi- amendment to the bill, S. 2334, supra; gro. cation with respect to a county under sub- (2) The Secretary of State should instruct section (a) at any time after the date other- as follows: the United States Ambassador to the Organi- wise specified in paragraph (1) if the Presi- At the appropriate place in the bill, insert zation for Security and Cooperation in Eu- dent determines that circumstances warrant the following new section, and renumber the rope (OSCE) to block any consensus to allow the submittal of the certification at such remaining sections accordingly: the participation of Serbia-Montenegro in later date. SECTION 1. SHORT TITLE. the OSCE or any organization affiliated with ‘‘(d) CONSIDERATIONS FOR CERTIFICATIONS.— This section may be cited as the ‘‘Equity the OSCE. In making a determination with respect to for Israel at the United Nations Act of 1998.’’ (3) The Secretary of State should instruct the government of a country under sub- SEC. 2. EFFORT TO PROMOTE FULL EQUALITY AT the United States Representative to the section (a) or subsection (b), the President THE UNITED NATIONS FOR ISRAEL. United Nations to vote against any resolu- shall consider— (a) CONGRESSIONAL STATEMENT.—It is the tion in the United Nations Security Council ‘‘(1) the government’s record of— sense of the Congress that— to admit Serbia-Montenegro to the United ‘‘(A) apprehending, bringing to trial, con- (1) the United States must help promote an Nations or any organization affiliated with victing, and punishing terrorists in areas end to the inequity experienced by Israel in the United Nations, to veto any resolution to under its jurisdiction; the United Nations whereby Israel is the allow Serbia-Montenegro to assume the ‘‘(B) taking actions to dismantle terrorist only longstanding member of the organiza- United Nations’ membership of the former organizations in areas under its jurisdiction tion to be denied acceptance into any of the Socialist Federal Republic of Yugoslavia, and to cut off their sources of funds; United Nations region blocs, which serve as and to take action to prevent Serbia-Mon- ‘‘(C) condemning terrorist actions and the the basis for participation in important ac- tenegro from assuming the seat formerly oc- groups that conduct and sponsor them; tivities of the United Nations, including ro- cupied by the Socialist Federal Republic of ‘‘(D) refusing to bargain with or make con- tating membership on the United Nations Yugoslavia. cessions to terrorist organizations; Security Council; and (4) The Secretary of State should instruct ‘‘(E) isolating and applying pressure on (2) the United States Ambassador to the the United States Permanent Representative states that sponsor and support terrorism to United Nations should take all steps nec- on the Council of the North Atlantic Treaty force such states to terminate their support essary to ensure Israel’s acceptance in the Organization to oppose the extension of the for terrorism; Western Europe and Others Group (WEOG) Partnership for Peace program or any other ‘‘(F) assisting the United States in efforts regional bloc, whose membership includes organization affiliated with NATO to Serbia- to apprehend terrorists who have targeted the non-European countries of Canada, Aus- Montenegro. United States nationals and interests; tralia, and the United States. (5) The Secretary of State should instruct ‘‘(G) sharing information and evidence (b) REPORTS TO CONGRESS.—Not later than the United States Representatives to the with United States law enforcement agencies 60 days after the date of the enactment of Southeast European Cooperative Initiative during the investigation of terrorist attacks this legislation and on semiannual basis (SECI) to oppose and to work to prevent the September 1, 1998 CONGRESSIONAL RECORD — SENATE S9797 extension of SECI membership to Serbia- KYL AMENDMENT NO. 3522 (2) the United States should oppose any ef- Montenegro. forts to ease the inspections regimes on Iraq Mr. KYL proposed an amendment to (c) CERTIFICATION.—A certification de- until there is clear, credible evidence that scribed in this subsection is a certification the bill, S. 2334, supra; as follows: the Government of Iraq is no longer seeking that— Beginning on page 119, line 1 of the bill, to acquire weapons of mass destruction and (1) the representatives of the successor strike all through page 120, line 13, and in- the means of delivering them. states to the Socialist Federal Republic of sert the following: (c) REPORT.—Not later than 30 days after Yugoslavia have successfully negotiated the SECTION 601. CONDITIONS FOR THE USE OF the date of enactment of this Act, the Presi- division of assets and liabilities and all other QUOTA RESOURCES.—(a) None of the funds ap- dent shall submit a report to Congress on the succession issues following the dissolution of propriated in this Act under the heading United States Government’s assessment of the Socialist Federal Republic of Yugoslavia; ‘‘United States Quota, International Mone- Iraq’s nuclear and other weapons of mass de- (2) the government of Serbia-Montenegro tary Fund’’ may be obligated, transferred or struction programs and its efforts to move is fully complying with its obligations as a made available to the International Mone- toward procurement of nuclear weapons and signatory to the General Framework Agree- tary Fund until 30 days after the Secretary the means to deliver weapons of mass de- ment for Peace in Bosnia and Herzegovina; of the Treasury certifies that the Board of struction. The report shall also— (3) the government of Serbia-Montenegro Executive Directors of the Fund have agreed (1) assess the United States view of the is fully cooperating with and providing unre- by resolution that stand-by agreements or International Atomic Energy Agency’s ac- stricted access to the International Criminal other arrangements regarding the use of tion team reports and other IAEA efforts to Tribunal for the Former Yugoslavia, includ- Fund resources shall include provisions re- monitor the extent and nature of Iraq’s nu- ing surrendering persons indicted for war quiring the borrower— clear program; and crimes who are within the jurisdiction of the (1) to comply with the terms of all inter- (2) include the United States Government’s territory of Serbia-Montenegro, and with the national trade obligations and agreements of opinion on the value of maintaining the on- investigations concerning the commission of which the borrower is a signatory; going inspection regime rather than replac- war crimes and crimes against humanity in (2) to eliminate the practice or policy of ing it with a passive monitoring system. Kosova; government directed lending or provision of f subsidies to favored industries, enterprises, (4) the government of Serbia-Montenegro parties, or institutions; and is implementing internal democratic re- AUTHORITY FOR COMMITTEES TO (3) to guarantee non-discriminatory treat- forms; and MEET ment in debt resolution proceedings between (5) Serbian, Serbian-Montenegrin federal domestic and foreign creditors, and for debt- SUBCOMMITTEE ON INTERNATIONAL SECURITY, governmental officials, and representatives ors and other concerned persons. PROLIFERATION, AND FEDERAL SERVICES of the ethnic Albanian community in Kosova Mr. SPECTER. Mr. President, I ask have agreed on, signed, and begun implemen- unanimous consent on behalf of the tation of a negotiated settlement on the fu- COATS AMENDMENT NO. 3523 ture status of Kosova. Governmental Affairs Subcommittee Mr. COATS proposed an amendment on International Security, Prolifera- (d) STATEMENT OF POLICY.—It is the sense to the bill, S. 2334, supra; as follows: of the Congress that the United States tion, and Federal Services to meet on should not restore full diplomatic relations On page 31, line 7, strike ‘‘and’’ and all that Tuesday, September 1, 1998, at 2:00 p.m. with Serbia-Montenegro until the President follows through ‘‘(KEDO)’’ on line 9. for a hearing on ‘‘Use of Mass Mail to submits to the Committees on Appropria- Beginning on page 32, strike line 10 and all Defraud Congress.’’ tions and Foreign Relations in the Senate that follows through line 24 on page 33 and insert the following: ‘‘That, notwithstanding The PRESIDING OFFICER. Without and the Committees on Appropriations and objection, it is so ordered. International Relations in the House of Rep- any other provision of law, of the funds ap- resentatives the certification described in propriated under this heading not less than SUBCOMMITTEE ON YOUTH VIOLENCE subsection (c). $56,000,000 shall be available only for Mr. SPECTER. Mr. President, I ask antiterrorism assistance under chapter 8 of (e) EXEMPTION OF MONTENEGRO.—The sanc- unanimous consent that the Sub- part II of the Foreign Assistance Act of tions described in subsection (b)(1) should committee on Youth Violence, of the 1961.’’. not apply to the government of Montenegro. Senate Judiciary Committee, be au- (f) DEFINITION.—The term ‘‘international thorized to meet during the session of financial institution’’ includes the Inter- BROWNBACK AMENDMENT NO. 3524 the Senate on Tuesday, September 1, national Monetary Fund, the International Mr. MCCONNELL (for Mr. 1998 at 9:30 a.m. to hold a hearing in Bank for Reconstruction and Development, BROWNBACK) proposed an amendment the International Development Association, room 226, Senate Dirksen Building, on: the International Finance Corporation, the to the bill, S. 2334, supra; as follows: ‘‘Fixing a Broken System: Preventing Multilateral Investment Guaranty Agency, On page 26, line 5, insert ‘‘and infrastruc- Crime Through Intervention.’’ and the European Bank for Reconstruction ture for secure communications and surveil- The PRESIDING OFFICER. Without and Development. lance systems’’ after ‘‘training’’. objection, it is so ordered. (g) WAIVER AUTHORITY.— f (1) The President may waive the applica- BOND AMENDMENT NO. 3525 tion in whole or in part, of any sanction de- ADDITIONAL STATEMENTS scribed in subsection (b) if the President cer- Mr. MCCONNELL (for Mr. BOND) pro- tifies to the Congress that the President has posed an amendment to the bill, S. determined that the waiver is necessary to 2334, supra; as follows: THE YEAR 2000—SIXTEEN MONTHS meet emergency humanitarian needs or to At the appropriate place in the bill, insert AND COUNTING achieve a negotiated settlement of the con- the following: flict in Kosova that is acceptable to the par- (a) FINDINGS.—Congress finds that— ∑ Mr. JOHNSON. Mr. President, I rise ties. (1) Iraq is continuing efforts to mask the today to speak about a critical issue (2) Such a waiver may only be effective extent of its weapons of mass destruction which I fear has not received the atten- upon certification by the President to Con- and missile programs; tion it deserves. I am speaking about gress that the United States has transferred (2) proposals to relax the current inter- the Year 2000 computer problem which and will continue to transfer (subject to ade- national inspection regime would have po- will strike in a mere sixteen months. quate protection of intelligence sources and tentially dangerous consequences for inter- The year 2000 holds potential prob- methods) to the International Criminal Tri- national security; and lems for all Americans. At numerous bunal for the former Yugoslavia all informa- (3) Iraq has demonstrated time and again tion it has collected in support of an indict- that it cannot be trusted to abide by inter- hearings by the Senate Banking Sub- ment and trial of President Slobodan national norms or by its own agreements, committee on Financial Services and Milosevic for war crimes, crimes against hu- and that the only way the international Technology, on which I serve, wit- manity, or genocide. community can be assured of Iraqi compli- nesses have testified that the year 2000 (3) In the event of a waiver, within seven ance is by ongoing inspection. problem involves more than just com- days the President must report the basis (b) SENSE OF CONGRESS.—It is the sense of puters—it is a pervasive problem for upon which the waiver was made to the Se- Congress that— which there is no quick fix. But fix it lect Committee on Intelligence and the Com- (1) the international agencies charged with we must, because there can be no ex- mittee on Foreign Relations in the Senate, inspections in Iraq—the International Atom- and the Permanent Select Committee on In- ic Energy Agency (IAEA) and the United Na- tension of time. telligence and the Committee on Inter- tions Special Commission (UNSCOM) should I commend the efforts of Senator national Relations in the House of Rep- maintain vigorous inspections, including BENNETT, Chairman of that Banking resentatives. surprise inspections, within Iraq; and Subcommittee, for his tireless efforts S9798 CONGRESSIONAL RECORD — SENATE September 1, 1998 to raise the profile of Y2K issues. Sen- mation and would help our national tressed urban areas, I hope we will ator BENNETT now chairs the joint task preparedness for 2000. learn from cities like Grand Rapids. As force on Y2K, and he will be a forceful Y2K will not just impact the United a member of the Renewal Alliance and advocate for the necessity of address- States. In today’s global economy, no a strong supporter of its efforts to help ing this issue. area can remain isolated from any distressed urban areas, I feel that Government, businesses, farms and other. The United States also will con- Grand Rapids can provide us with an homes rely on computers for nearly tribute $12 million to assist the World extremely helpful model of what every aspect of their operations—from Bank’s plan to raise awareness of the works. This great city shows the im- paying Social Security, to operating problem in developing countries. portance of local involvement, free vehicles and equipment, to calculating I am also encouraged by the recent markets, and faith in rebuilding strong interest, to conducting elections, to testing of Y2K compliance by Wall communities. launching missiles. A failure in one Street firms which are conducting a se- I heartily recommend this article to computer system could not only be ries of tests to see whether U.S. mar- my colleagues and ask that its text be devastating to that particular oper- kets will face Y2K difficulties. These printed in the RECORD. ation, but could also have a domino ef- firms represent the type of foresight The article follows: fect. which will limit any dislocation caused [From the American Enterprise, Sept./Oct. For these reasons, it is vitally impor- by the Y2K glitch. This is the first 1998] tant that government and the private known comprehensive effort to check A CITY WHERE BUSINESS AND PHILANTHROPY sector work together to avoid a poten- the compliance of corporate America FLOURISH tial disaster. According to a recent for the Y2K bug, and I hope more sec- (By Michael Barone) General Accounting Office (GAO) tors of the economy quickly follow Looking for a city with a tradition of com- study, the federal government is ex- suit. munity involvement, creative local philan- tremely vulnerable to year 2000 prob- The potential difficulties are almost thropy, vibrant cultural institutions old and lems because of its widespread depend- incalculable, when we consider the tre- new? Try Grand Rapids. The home town of mendous role computers play in our ev- President Gerald Ford, the city proposed by ence on computer systems. Chicago Tribune publisher Colonel Robert The GAO study found uneven eryday lives. From food distribution to McCormick as a new national capital, Grand progress and made a number of rec- air traffic control. From our monetary Rapids remains largely unknown nationally ommendations for federal agencies to infrastructure to electric power grids. and even in Michigan is often overshadowed implement. Among them are the need Telecommunications systems and traf- by Detroit. But greater Grand Rapids is now to establish priorities, solidify data ex- fic lights. All of these necessities we approaching a million people, its strong change agreements, and develop con- take for granted could be impacted on local economy has led Michigan’s economic tingency plans. January 1, 2000. recovery, and its successful entrepreneurs GAO testimony before the Senate Ag- Congress must continue it’s over- have built civic institutions the envy of many metro areas two or three times the riculture Committee, on which I also sight to make certain that the nec- size. Civil society is alive and well here. serve, focused on the U.S. Department essary resources are brought to bear on What are Grand Rapids’ secret? One is a of Agriculture’s (USDA) computer sys- this critical issue. We have made vigorous free market economy, built steadily tems. The GAO concluded that if not progress, but there is still a tremen- over decades. Grand Rapids was first settled properly fixed, severe consequences dous amount of work to be done. The by New England Yankees and immigrants could result such as: clock is running, and we cannot afford from Germany and the Netherlands at the Payments to schools, farmers and to fail to meet the year 2000 deadline.∑ falls of the Grand River, in the heart of others in rural communities could be Michigan’s immense forests. Its first indus- f tries were lumber and a natural offshoot, delayed or incorrectly computed. furniture. In the first decades of this century The economy could be adversely af- GRAND RAPIDS’ COMMUNITY SUCCESS Grand Rapids was the nation’s leading pro- fected if information critical to crop ducer of household furniture. But the forests and livestock providers and investors is ∑ Mr. ABRAHAM. Mr. President, I rise were overharvested, the furniture market unreliable, late or unavailable. to bring to my colleagues’ attention an collapsed in the Depression, and after World The import and export of foodstuffs important article from The American War II manufacturers relocated to North could be delayed, thus increasing the Enterprise magazine. In it Michael Carolina. likelihood that they will not reach Barone of Reader’s Digest lauds the Some furniture manufacturers who sur- great success of Grand Rapids, Michi- vived turned to office furniture. Today three their intended destinations before their of the nation’s four largest office furniture spoilage dates. gan in rebuilding its economy and com- manufacturers are located in Grand Rapids Food distribution to schools and oth- munity. Mr. Barone reports that a or nearby Holland. But there is plenty of di- ers could be stopped or delayed. vital combination of entrepreneurship, versity as well. The city is a leader in in- Public health and safety could be at public spirit, and responsible philan- jected plastic moldings and a major center risk if equipment used in USDA’s many thropy have brought the people of for tool and die shops, with lots of small suc- laboratories to detect bacteria, dis- Grand Rapids together to build a vi- cessful firms. It is the headquarters of eases, and unwholesome foods is not brant economy and public life. Meijer, whose 100-plus Thrifty Acres stores compliant. Business and community leaders in combine supermarkets with general mer- chandise stores—a formula Wal-Mart has These are a few of the potential year Grand Rapids have joined together to copied but has not been able to make pay as 2000 computer problems in just one rehabilitate the downtown area. They well as Meijer. Grand Rapids is the head- agency of the federal government. have encouraged one another to spon- quarters of Universal Wood Products, the na- Many federal agencies have made tre- sor important projects like the Van tion’s largest fence producer. It is the home mendous progress in solving their com- Andel Institute for nutrition research of Gordon Foods and Bissell carpet sweepers. puter problems, but many more have and Faith Inc., which trains people It has one large General Motors plant and been remiss. Therefore, the role of the from close-in neighborhoods and places dozens of auto suppliers. Ada, a village six Administration through the President’ them in full-time jobs. A pro-business miles east, is the home of Amway, privately owned by the Van Andel and DeVos families, Council on Year 2000 Conversion be- environment has facilitated the growth founded in a garage in 1959, now selling over comes even more important in ensur- of diverse businesses, from furniture $7 billion of home care housewares, and cos- ing the federal government’s readiness manufacturers to merchandisers. And metic products in 52 countries, most of them for year 2000. Grand Rapids’ respect for free markets manufactured in Grand Rapids’ Kent County. I am encouraged by President Clin- and entrepreneurship has maintained Most of Grand Rapids’ successful compa- ton’s recent initiatives to increase na- an economy in which unemployment is nies are small: 80 percent of businesses em- tional and global awareness of the Y2K low and small business thrives, with 80 ploy fewer than 30 people, according to John problem and to facilitate private sector Caneppa, former chairman of Grand Rapids’ percent of local businesses employing Old Kent Bank. Firms that have grown big- attempts to address it. The President’s fewer than 30 people. ger have done so through creative innovation ‘‘Year 2000 Good Samaritan’’ legisla- Mr. President, as we in the Senate and good employee relations. Local office tion is designed to promote private sec- continue our debate over how best to furniture manufacturers pioneered modular tor exchange of year 2000-related infor- encourage the revitalization of dis- units and electronic connectors. Amway September 1, 1998 CONGRESSIONAL RECORD — SENATE S9799 took an old idea—direct sales—and made it stitute for nutrition research at Grand Rap- ness and never-ending dedication to its work on a scale never seen before. Fred ids’ Butterworth Hospital. Steve Van Andel, customers and employees. People have Meijer, to make shopping more pleasant for who has succeeded his father Jay as co-head come from all around the world simply parents with kids, installed mechanical of Amway, describes the process. ‘‘We for a sampling of the Varsity’s great ponies in his stores which cost one cent per watched our fathers build the firm. The sec- ride and personally hands out ‘‘Purple Cow’’ ond generation got even more involved with food and down home hospitality. cards for free ice cream cones. the community. The building decision was The Varsity was founded by Frank Employee relations are also an important also made by the second generation of the Gordy in 1928. As the world’s largest part of Grand Rapids’ success. ‘‘We have Van Andel and DeVos families. My dad and drive-in, the Varsity’s hot dogs, chili 60,000 people working with us,’’ Fred Meijer family have been discussing it for years. We dogs, hamburgers, chili burgers, onion says. ‘‘We need them; so let’s treat them like decided to do something. Dad was always in- rings, french fries, and fried pies are we need them.’’ If any of us makes a mis- terested in nutrition, so we decided to build the best in the world. The Varsity also take, he adds, ‘‘we don’t need to be bawled an institute that would work on nutrition re- sells more Coca-Cola than any other out, we need to be helped to succeed.’’ That search and education.’’ He is thinking big. way, the ‘‘job will be better, and everybody Peter Cook, who owns several big car dealer- single outlet in the world. Whether you will be more productive.’’ ships and is on the board, says that it has get your ‘‘dogs’’ at Atlanta’s North Av- Nor is there an adversarial relationship be- five Nobel Prize winners as advisers and will enue Varsity, the Gwinnett Varsity off tween business and government. ‘‘The best have 200 to 300 doctors and scientists in a $30 Jimmy Carter Blvd., the Varsity Jr. on thing government can do is to get out of the million building. Lindbergh Drive or the Varsity on way,’’ says Grand Rapids City Manager Kurt Grand Rapids’ philanthropists are but- Broad Street in Athens you are guaran- Kimball. ‘‘To try to create an environment tressed not by the liberalism of so many na- teed to go back for more. that enables the private sector to achieve its tional foundations but by traditional vir- The menu is extensive and the Var- ends. Prosperity for business means prosper- tues. It’s an early-to-bed-early-to-rise town, sity’s volume is legendary. Two miles ity for residents. Then we’ll have the re- where people eat at home with their fami- sources for quality of life.’’ Says GR maga- lies. ‘‘Everyone is doing well but res- of hot dogs, a ton of onions, 2500 pounds zine editor Carol Valade, ‘‘There is a very taurants,’’ says Secchia, ‘‘but the breakfast of potatoes, and 5,000 fried pies are low tolerance for government here—the atti- joints are filled at 6:30 in the morning,’’ The served every day. Six 50 gallon pots of tude is, I will do it myself. And a tremendous churches are busy on Sundays, filled with chili are made from scratch and, like respect for the arts of the entrepreneur. It people from all economic levels; the billion- all specialty items, are prepared from spills over into government. The city re- aire Van Andels and DeVoses pray at a mod- original recipes. Varsity orange is moved 98 percent of its effluents from its est Reform church not far from downtown. piped from the kitchen to faucets at sewers, without federal funds—the only city Or as Peter Cook puts it, ‘‘A lot of our people the serving counter and the popular in Michigan to do so.’’ have done more than their share in giving. Successful small businesses and small busi- frosted version is also on tap. We grew up in a Christian home and tithed, Every time I come home to Atlanta nesses that have grown large but have stayed and after that you gave more. We give 30 to headquartered here, have helped build Grand 40 percent of our income. . . . That type of from Washington, D.C., stopping by the Rapids’ cultural institutions. Even the banks thing is very influential. This is a good place Varsity is a must on my agenda. In have remained local. Old Kent is still based to work and live.’’ fact, it is often my first stop after leav- in Grand Rapids, though it has spread out- Entrepreneurial and religious impulses ing the airport. All Georgians can at- ward; First Union sold out to Detroit-based also inform Grand Rapids’ programs to help test that the Varsity’s heavy weight, NBD, but David Frey, whose grandfather the poor. Gene Pratt, now retired, tells of chili steak, frosted orange or fried pies founded the bank, has kept the Frey Founda- raising $1 million in less than two hours to are unlike any other food in the world. tion here, and 85 percent of its grants are in renovate his community center, and how a I cannot count the number of meals I western Michigan. ‘‘Giving money intel- kids’ gardening project produced City Kids ligently is hard work,’’ Frey says. ‘‘A lot of Barbecue sauce, got it stocked in Meijer’s have eaten at this Atlanta institution, due diligence is required. But there’s the and other local supermarkets, and got 5 per- but the memories of dining at the Var- prospect of great satisfaction.’’ cent of the market. Verne Barry, head of the sity are endless. Anyone walking through downtown Grand Downtown Development Agency, came to Mr. President, I ask that you join Rapids can see some of the reasons for that Grand Rapids in 1985 after living homeless in me, our colleagues, and the entire satisfaction. Twenty-five years ago, down- New York. With ministries and social service Gordy family in recognizing 70 years of town Grand Rapids looked dumpy, with agencies he founded Faith Inc., which won mouth-watering food and fond memo- aging and often empty commercial buildings, competitive contracts with 25 local manufac- ries, and in wishing the entire Varsity and a grubby convention center. Then Grand turers. Hiring people from close-in neighbor- family many more successes in the fu- Rapids’ business leaders decided to make it hoods, his group got commitments for 10 per- something special. ‘‘Always the private sec- cent of the jobs on projects like the Van ture.∑ tor has taken the lead,’’ says Frey. ‘‘And Andell Arena. He claims that more than 50 f people are willing to put corporate money percent of those with little work experience THE VERY BAD DEBT BOXSCORE into projects. Then they would get the city, are now in permanent employment. county, or state governments to forge a coa- Grand Rapids has low crime, low unem- ∑ Mr. HELMS. Mr. President, at the lition.’’ Phase one, in the mid-1970s, included ployment, and scandal-free local govern- close of business yesterday, Monday, a new Old Kent building and Vandenberg ment. But statistics tell only part of the August 31, 1998, the federal debt stood Center, which replaced abandoned ware- story. For Grand Rapids’ leaders have put at $5,564,553,479,478.04 (Five trillion, houses. Phase two included the Amway Plaza the imprint of their own personalities on the five hundred sixty-four billion, five Hotel and the Gerald Ford Museum. Phase civic institutions they’ve built. The Grand hundred fifty-three million, four hun- three includes the recently opened Van Rapids Museum hosted an exhibit of the art- Andel Arena for Grand Rapids’ minor league ist Perugino in 1997–98; Secchia helped set it dred seventy-nine thousand, four hun- hockey and basketball, a new convention up using his Italian contacts and the fact dred seventy-eight dollars and four center, and a downtown campus for Grand that Perugia is a sister city. Fred Meijer cents). Valley State College. took over a 20-acre parcel of industrial prop- Five years ago, August 31, 1993, the The secret is leadership and commitment. erty and built the Frederik Meijer Gardens, federal debt stood at $4,403,247,000,000 ‘‘We have people who give time and effort one of the nation’s largest conservatories. (Four trillion, four hundred three bil- and support. They sit at the same table,’’ Amid the plants and the gardens outside he lion, two hundred forty-seven million). says Pete Secchia, head of Universal Prod- placed 70 bronze sculptures he has collected Ten years ago, August 31, 1988, the ucts, and also a leader of Michigan’s Repub- over the years. You can see him there some federal debt stood at $2,575,800,000,000 lican Party who served as Ambassador to days, smiling and enjoying himself as he Italy under Bush. ‘‘When we promise some- leads kids around, explaining the plants and (Two trillion, five hundred seventy-five thing,’’ says Fred Meijer, sitting around a sculptures, and handling out Purple Cow billion, eight hundred million). table with other Grand Rapids business lead- cards for free ice cream cones—the spirit of Fifteen years ago, August 31, 1983, ers, ‘‘we don’t do it lightly. Not one of us has Grand Rapids in person.∑ the federal debt stood at ever reneged on a promise.’’ If there are f $1,348,374,000,000 (One trillion, three problems, someone jumps in and solves hundred forty-eight billion, three hun- them. ‘‘The Amway Plaza would be torn WHAT’LL YA’ HAVE? A TRIBUTE dred seventy-four million). down or destitute if Amway hadn’t picked it TO THE VARSITY Twenty-five years ago, August 31, up,’’ Meijer adds. With no major university or medical ∑ Mr. CLELAND. Mr. President, I 1973, the federal debt stood at school, Grand Rapids has missed out on the would like to take this opportunity to $461,845,000,000 (Four hundred sixty-one boom in biomedicine. But that’s likely to salute Georgia’s beloved Varsity Res- billion, eight hundred forty-five mil- change with the building of a Van Andel In- taurant for 70 years of prospering busi- lion) which reflects a debt increase of S9800 CONGRESSIONAL RECORD — SENATE September 1, 1998 more than $5 trillion— 5TH ANNUAL CROATIAN FESTIVAL len gems, thereby providing an impor- $5,102,708,479,478.04 (Five trillion, one ∑ Mr. ABRAHAM. Mr. President, I rise tant deterrent to gem theft. hundred two billion, seven hundred today to recognize the 5th Annual Cro- At the request of the United States eight million, four hundred seventy- atian Festival that took place August Customs Service and pursuant to li- nine thousand, four hundred seventy- 29–30, 1998 at St. Lucy Croatian Catho- censing by the Nuclear Regulatory eight dollars and four cents) during the lic Church in Troy. The Croatian Fes- Commission, the Gem Laboratory also past 25 years.∑ tival is a very important event for the tests for irradiated gems posing a Croatian community of Michigan, in health risk to the American public. f that it showcases the beautiful Cro- The Federal Bureau of Investigation atian culture and heritage and unites and local law enforcement agencies 12th ANNUAL ENTREPRENEURIAL the 20 various Croatian organizations rely on the Gem Laboratory for assist- WOMEN’S CONFERENCE in the state who have come together to ance in solving crimes involving gems. organize the Festival. Over the past The Laboratory has been instrumental Mr. DURBIN. Mr. President, I rise ∑ few years, the Festival has proven to in solving many such crimes, providing today to offer my congratulations to be a very exciting time with exhibits crucial evidence and expert testimony the Women’s Business Development focusing on different regions of Cro- essential to their successful prosecu- Center (WBDC) as it celebrates the 12th atia, a variety of Croatian foods, games tion. Annual Entrepreneurial Women’s Con- Mr. President, I commend GIA and and traditional Croatian music. ference. The event, which is to be held the GIA Gem Laboratory for their con- In addition to serving as a celebra- on September 9, 1998, at Chicago’s Navy tribution to the protection of the con- tion of the Croatian culture, the Fes- Pier, will celebrate the Women’s Busi- sumer. Through its work, the Gem tival serves the very important purpose ness Development Center’s second dec- Laboratory significantly lessens the of raising funds to assist and reduce ade of outstanding service to women in burdens of the federal government that the debt of St. Lucy Croatian Catholic the business community. would otherwise have to be borne by church. I wish St. Lucy success as they the FTC, the FBI, the Customs Service, The Women’s Business Development strive for this goal. I also want to ex- and other government agencies. Center is a Chicago-based nonprofit tend my best wishes to the entire Cro- ∑ f women’s business assistance center de- atian community of Michigan.∑ voted to providing services and pro- f REPORT OF THE SPECIAL INVES- grams that support and accelerate the TIGATION UNIT ON GULF WAR growing role of women business owners GEMOLOGICAL INSTITUTE OF ILLNESSES in the economy. Since its founding in AMERICA AND GEM LABORATORY 1986 by Carol Dougal and Hedy Ratner, ∑ Mr. ROCKEFELLER. Mr. President, Mrs. BOXER. Mr. President, I rise the Women’s Business Development ∑ today the Committee on Veterans’ Af- today to commend the exemplary work Center has facilitated more than $20 fairs released the final report of its of the Gemological Institute of Amer- million in women’s business loans and Special Investigation Unit (SIU) on ica (GIA) and the GIA Gem Laboratory. has assisted women-owned businesses Gulf War Illnesses. The report rep- GIA has been the nation’s leader in in gaining over $90 million of govern- resents the culmination of the unit’s gemology training and education since ment and private contracts. More than year-long, 20-member staff investiga- 1931, conducting valuable research and 30,000 women business owners have ben- tion into issues surrounding the ill- establishing standards upon which pur- efitted from the following programs nesses that have affected many veter- chasers of gems in the United States and services: counseling, workshops, ans of the 1990–91 Persian Gulf War. and abroad have come to rely. entrepreneurial training, the Women’s The Gulf War ended over seven years The Federal Trade Commission Business and Finance Programs, the ago, but the aftermath of this military (FTC), in establishing regulations con- Women’s Business Enterprise Initia- victory will remain with us for years to cerning gems that are the subject of tive, the Entrepreneurial Woman’s come. This brief war represented a crit- trade in the United States, adopted Conference and the Women’s Business ical turning point in our concept of standards developed by GIA. and Buyers Mart. modern warfare. For the first time GIA’s Gem Laboratory—located in since World War I, we faced the possi- The success of the Women’s Business New York City and Carlsbad, Califor- bility of widespread use of chemical Development Center has inspired simi- nia—operates to protect the public warfare agents. Previously, concerns lar initiatives across the country. from misrepresentation of gems, to as- about the use of ‘‘weapons of mass de- Women’s business development pro- sist in the recovery of stolen property, struction’’ focused on the threat of nu- grams modeled after the Center have and to provide information useful in clear warfare, increasingly possessed been launched by economic develop- the prosecution of criminals involved by the more developed nations of the ment organizations in Indiana, Ohio, in gem fraud or theft. world, but still limited in availability. Florida, Massachusetts, and Pennsyl- The Gem Laboratory is also the main But in the Gulf, we came face-to-face vania. The tremendous inroads made body applying the FTC’s regulations on with the threat of the ‘‘poor man’s by women in the business community gems (26 CFR Part 23), such that con- atomic weapons’’—chemical and bio- over the past decade is due in no small sumers have a means of determining logical weapons. part to the efforts of these organiza- whether the products they purchase Chemical and biological weapons tions. are, in fact, the real thing. It serves an have been around for a long time. The Mr. President, there are now more essential role in identifying gems and United States and its allies abandoned than 7.7 million women-owned busi- in detecting synthetics as well as col- the use of chemical weapons many nesses in the United States, and 250,000 ored, doctored, or treated gems being years ago. In April 1997, the United of these businesses are located in my marketed as natural and in deterring States Senate ratified the Chemical homestate of Illinois. Nationally, wom- those who might attempt to profit by Weapons Convention, joining many en’s businesses generate $2.3 trillion of misrepresenting their goods to Amer- other nations in the international dis- sales and employ one out of every four ican consumers. armament of chemical weapons. But U.S. company workers. The Laboratory can achieve these for terrorists and rogue nations, chemi- Given the importance of women- purposes only because it is responsible cal and biological weapons remain the owned businesses to the economy, I for identifying and/or testing a large weapons of choice, and they are likely look forward to hearing about the con- proportion of the significant gems pur- to play a significant role in the battle- tinued successes of the Women’s Busi- chased by consumers in the United fields of the future. According to Sec- ness Development Center in the years States. retary of Defense William S. Cohen, to come. Once again let me offer my The Laboratory’s extensive comput- just as we faced this threat in the Gulf congratulations to the Women’s Busi- erized gem database enables it to iden- War, we are likely to face it again. ness Development Center on their 12th tify stolen gems that it had previously In hearings before the Committee on anniversary.∑ tested and inhibits the fencing of sto- Veterans’ Affairs, military heroes such September 1, 1998 CONGRESSIONAL RECORD — SENATE S9801 as General Norman Schwarzkopf and still have not been able to fully assess critical intelligence information between General Colin Powell recounted their Iraq’s chemical and biological weapons DoD and CIA on the locations of Iraqi chemi- fears about the potential use of chemi- capabilities. We have all seen the road- cal weapons facilities. It also critically re- views DoD’s efforts to ‘‘model’’ the events cal or biological weapons in the Gulf blocks that Saddam Hussein has suc- that transpired at the U.S. demolition of the War. They described the dilemmas they ceeded in placing in the path of this Khamisiyah munitions depot in March 1991. faced as they realized that vaccine sup- international effort to inspect for these The SIU report is particularly critical of the plies were inadequate to protect the weapons. Fortunately, we did not have Office of the Special Assistant for Gulf War 697,000 men and women who were de- to send in military personnel in the re- Illnesses’ (OSAGWI) efforts to research the ployed to the Gulf, forcing our leaders cent U.S. attack to destroy the chemi- weather conditions that existed on the day to decide who would be protected and cal plant in Sudan. Had we needed to, of the demolition, as it related to estimates of the numbers of U.S. servicemembers who who would not. They recalled the an- however, and if these terrorists had would have potentially been exposed to low guish associated with making those de- chemical and biological weapons, I fear levels of chemical warfare agents, such as cisions. But fortunately, the wide- our ground troops would have been ill- sarin. spread use of chemical weapons and the prepared to function in such an envi- The report points out that the OSAGWI massive casualties that had been pre- ronment. modeling report does not integrate crucial dicted for that war did not occur. My concerns here are not new. In weather information provided by a division After the Gulf War, it was generally of the Air Force that is typically viewed as 1994, when I was chairman of the Com- expert on such issues. Further, the OSAGWI agreed that we must be better prepared mittee, my staff issued a report that report was largely an internal document, and to meet this threat in the future. We called attention to many of the long- it was not subjected to the scientific rigors needed to develop new technologies for term health concerns arising from our of the peer review process. The Special In- the detection of chemical and biologi- soldiers’ exposures to environmental vestigation Unit (SIU) also contracted with a cal weapons in the battlefield; to make hazards. Many of the concerns raised scientific consultant who supported these sure that we had adequate supplies of then remain today. criticisms and found that the estimate of ap- proximately 100,000 servicemembers who vaccines and medical antidotes, and Senator SPECTER and I will call upon may have been exposed to be a grossly over- other protective equipment, especially Secretary Cohen to carefully consider estimated figure. masks and suits; and to ensure that our the findings of this report and provide The defense and intelligence chapter also troops received adequate training to an emergency action plan to address details the SIU’s investigation of the ques- carry out their mission in the event of these shortcomings. I am confident tion of whether there are additional use of chemical/biological warfare. that he is as concerned about our mili- Khamisiyahs or chemical weapons exposures Given the crisis our military faced dur- tary’s preparedness for this threat as to be found. On the basis of extensive review ing the Gulf War as our leaders realized we are, and we look forward to his re- of classified and unclassified documents, interviews with military officials in Great that we were not well prepared then, sponse. Britain, France, the Czech Republic, and our you might expect it would be high pri- Our military men and women must Arab allies, and an interview with inspectors ority to make sure we are not caught be protected and they must be prepared of the United Nations Inspection Team, the unprepared again. Sadly, this has not to fight in a chemical/biological war- SIU found no evidence to either prove or dis- been the case. fare environment. That means that prove that the Iraqis offensively used chemi- The SIU report finds that almost they need ongoing, quality training in cal weapons during the Gulf War. The SIU eight years after the Gulf War, our chemical/biological defense and detec- did find that during the Gulf War, our mili- military is still not prepared to fight in tary was not adequately prepared to deal tion systems that will work quickly with the threat of chemical or biological a chemical or biological warfare envi- and reliably on the battlefield. It warfare, and our military continues to be in- ronment. The Inspector General of the means that they need adequate sup- adequately prepared today. Department of Defense corroborated plies of the required chemical protec- Chapter 2 is an ‘‘Assessment of Gulf War these findings in a recent report which tion masks and suits, and training in Veterans’ Health Care Services and Com- states that with the exception of Navy how to properly use them under battle- pensation at the Department of Veterans Af- surface ships, our armed forces are un- field conditions. It means they need fairs.’’ The SIU team found that VA has often inadequately monitored a number of able to assess unit chemical and bio- sufficient supplies of vaccines, anti- Persian Gulf War health and benefits pro- logical defense readiness because unit biotics, and medical antidotes. And it grams. As a result, VA demonstrates incon- commanders have not made this train- means that they need well-trained sistent compliance with their own regula- ing a priority. Of the 232 units reviewed medical personnel who are prepared to tions and policy directives, and inadequate by the Inspector General, 80 percent respond to chemical and biological implementation of services and benefits for were not fully integrating chemical warfare casualties, and the medical Gulf War veterans. This chapter concludes and biological defense into unit mis- equipment needed to care for such cas- that too many Gulf War veterans are dissat- isfied with the health care that they are re- sion training. This is completely unac- ualties. ceiving from VA, and too few are receiving ceptable. All of this means a commitment of timely responses to their compensation ben- The SIU also found that training for time and funding across all the service efits claims. chemical and biological warfare is still branches, and the support and leader- The SIU report states that ‘‘although VA inadequate, and that the technology ship of commanders everywhere to purports to operate as a single entity on be- for battlefield detection of chemical guarantee this commitment. Most of half of veterans, in practice it is a loosely warfare agents has not improved since all, this requires a solid commitment linked group of bureaucracies that operate the Gulf War. Although the threat of largely in isolation from one another.’’ This from this Congress and President Clin- organizational structure contributes to prob- chemical and biological warfare has in- ton. lematic communication and bureaucratic creased since the Gulf War and hangs We have had enough talk of readi- hurdles that affect VA’s ability to provide ef- heavy over the potential battlefields of ness—it’s time to make it a reality if fective and efficient service to Gulf War vet- the 21st century, the military still has we are to fight on the battlefields of erans. The greatest problems were seen in inadequate supplies of vaccines and the 21st century. VBA’s handling of Gulf War compensation chemical/biological protective equip- Mr. President, I request that a sum- claims, and their processing was character- ment. It is imperative that we be pre- mary of the report’s findings prepared ized as ‘‘inconsistent and counter- productive.’’ While the report notes problems by my staff be printed in the RECORD. pared to face these very real risks. with the health care provided to Gulf War Moreover, we must be ready for the The summary follows: veterans, the SIU staff also found a number possibility that the next terrorist at- REPORT SUMMARY of very caring and competent health profes- tack on U.S. civilians may include such The report of the Committee on Veterans’ sionals who were delivering appropriate weapons. The task of domestic defense Affairs’ Special Investigation Unit (SIU) on health care, despite obstacles such as limited and preparedness poses an even greater Gulf War Illnesses is thematically divided information and resources. into 4 major sections or chapters. Chapters 3 and 4 focus specifically on challenge. Chapter 1 addresses DoD and CIA intel- health concerns and health research. This Recent events underscore the need to ligence operations during the War and the chapter reviews the chronology of health-re- make this defense and readiness issue a destruction of the Khamisiyah munitions lated events, the assessment of the range of national priority. Eight years after the depot. It reviews some of the communication possible exposures in the Gulf War, the na- Gulf War, United Nations inspectors problems that existed with poor transfer of ture of the health problems that have S9802 CONGRESSIONAL RECORD — SENATE September 1, 1998 emerged, and the government research re- PB or pesticides, as well as the links between Given VA’s history with environmental sponse on this issue. This information is pre- stressful exposures, such as combat, and health issues such as Agent Orange, atomic sented in Chapter 3, ‘‘Evaluations of War- long-term physical health. These experts veterans, and Gulf War veterans’ health con- time Exposures, Gulf War Veteran Health also made a number of important rec- cerns, the need for VA to create the position Concerns, and Related Research, and Unan- ommendations regarding future research di- of an Assistant Secretary of Veterans Affairs swered Questions.’’ Chapter 4, ‘‘Possible rections and better prevention of unneces- for Deployment-Related Health Matters, Long Term Health Consequences of Gulf War sary health risks which were integrated into with responsibilities to include oversight of Exposures: An Independent Evaluation,’’ the report. issues such as battlefield illnesses; contains the brief reports of scientists the A number of the report’s recommendations The need for DoD and VA to improve mon- SIU contracted with for independent reviews. will be used to develop additional legisla- itoring of health care to Gulf War veterans, These prominent scientists reviewed sci- tion. Many of the major legislative issues to include identification of any barriers to entific literature on a variety of exposures have been covered already in S. 2358, the leg- care currently in the system and the need to including pesticides, PB, chemicals, stress, islation that was introduced by Senators develop methods for early detection of ill- and other wartime and environmental haz- ROCKEFELLER, BYRD, and SPECTER. Specifi- nesses with delayed onset, such as cancer; ards, and the health consequences that fol- cally, S. 2358, the Persian Gulf War Veterans’ The need to ensure comprehensive pre- and low such exposures. Act of 1998: post-deployment medical examinations of Both health chapters conclude that there Calls for the Secretary of VA to contract Reservists who are placed on active duty for is no single ‘‘Gulf War Syndrome’’ character- with the National Academy of Sciences deployment for military operations; and ized by a single disease entity or diagnostic (NAS) to provide a scientific basis for deter- The need for the Secretaries of the Depart- label. Instead, there is a significant propor- mining the association between illnesses and ments of Defense and Veterans Affairs to im- tion of Gulf War veterans who returned home exposures to environmental or wartime haz- plement doctrine that reflects and builds with a number of chronic, poorly understood ards as a result of service in the Gulf War; upon the lessons learned from the Gulf War symptoms such as headaches, joint pains, Authorizes VA to presume that illnesses in order to avoid repeating many of these rashes, fatigue, gastrointestinal difficulties, that have a positive association with expo- same mistakes with future military deploy- and other symptoms that are potentially dis- sures to hazards during the war were related ments and veteran populations.∑ abling in some cases. In studies that have to service even if there was no evidence of f compared the rate of these symptoms among illness during service; Gulf War veterans to the rate of symptoms Extends VA’s authority to provide health TRANSPORTATION AND TRAVEL in veterans of the same era who were not de- care to Gulf War veterans through 2001; REFORM ACT OF 1998 ployed to the Gulf, significantly more symp- Requires the Secretary to task NAS with toms are reported by the Gulf War veterans. the identification of additional research Ms. SNOWE. Mr. President, I ask It is clear that many veterans are ill, and it issues that the government should conduct unanimous consent that the Senate is also clear that we may never know why. to better understand the adverse health ef- now proceed to the consideration of There are many reasons why the question fects of exposures to environmental or war- calendar No. 533, H.R. 930. of ‘‘why are Gulf War veterans ill?’’ cannot time hazards associated with Gulf War serv- The PRESIDING OFFICER. Without be answered. ice; objection, it is so ordered. First, DoD deployed many reservists and Tasks NAS with assessing potential treat- The clerk will report. active military personnel to the Gulf with- ment models for chronic, undiagnosed ill- The legislative clerk read as follows: out adequate pre-deployment medical eval- nesses that have affected Gulf War veterans; uations; as a result, we do not know what Establishes a system to monitor the health A bill (H.R. 930) to require Federal employ- preexisting illnesses or health conditions status and health care utilization of Gulf ees to use Federal travel charge cards for all they may have had. In any health investiga- War veterans with chronic, undiagnosed ill- payments of expenses of official Government tion, such information would serve as an im- nesses within VA and DoD health care sys- travel, and for other purposes. portant baseline from which to assess the tems; The PRESIDING OFFICER. Is there pattern of emerging illnesses. Requires that VA, in consultation with objection to the immediate consider- Second, DoD’s medical recordkeeping for HHS and DoD, carry out an ongoing outreach ation of the bill? the Gulf War was grossly inadequate. There program to provide information to Gulf War are no clear records of even basic informa- veterans; There being no objection, the Senate tion, such as the vaccine records of the men Extends and improves upon VA’s Persian proceeded to consider the bill (H.R. 930) and women who served in the Gulf. It is un- Gulf Spouse and Children Evaluation Pro- to require Federal employees to use clear whether such records were ever kept or gram, and; Federal travel charge cards for all pay- whether they were destroyed because they Requires the Secretary of VA to enter into ments of expenses of official Govern- were not felt to be a high enough priority to an agreement with NAS to study the fea- ment travel, to amend title 31, United warrant space on the military cargo planes sibility of establishing, as an independent States Code, to establish requirements returning to the United States after the war. entity, a National Center for the Study of for prepayment audits of Federal agen- Many of the medical records from the war Military Health. Such a center would evalu- are also missing, hindering any efforts to re- ate and monitor interagency efforts and co- cy transportation expenses, to author- view information on the numbers of troops ordination on issues related to post-deploy- ize reimbursement of Federal agency who were hospitalized or received medical ment and would look at issues of how to bet- employees for taxes incurred on travel care in the Gulf. Finally, there was no DoD ter prevent and treat post-conflict illnesses. or transportation reimbursements, and recordkeeping on the range and extent of ex- In addition to these important issues ad- to authorize test programs for the pay- posures present in the Gulf. All these factors dressed by S. 2358, the report highlights fur- ment of Federal employee travel ex- seriously hinder any research efforts to es- ther a number of shortcomings within VA’s penses and relocation expenses, which and DoD’s current policies. They include: tablish a cause and effect for the health had been reported from the Committee problems that followed the Gulf War. The need for DoD to place a higher priority Also, in addition to the broad range of pos- on training and preparedness for the threat on Governmental Affairs, with amend- sible exposures—heat, pesticides, PB, smoke of offensive use of chemical and biological ments; as follows: from oil well fires, petroleum products, weapons (CBW) in today’s warfare scenarios, (The parts of the bill intended to be ultra-fine sand particles, stress, and others including better CBW detection systems, stricken are shown in boldface brack- —and their individual health effects, there is adequate supplies of protective masks and ets and the parts of the bill intended to also the issue of the potential effects of an suits, adequate numbers of vaccines for pro- be inserted are shown in italic.) almost infinite number of possible combina- tection, and medical isolation units for tions of such agents. Health research today treatment of such casualties; SECTION 1. SHORT TITLE. is often not designed or conducted in ways The need for greater prevention of unnec- This Act may be cited as the ‘‘Travel and that allow us to fully understand the inter- essary health risks in the battlefield (and on Transportation Reform Act of ø1997¿ 1998’’. active effects of such agents and their subse- domestic military bases), such as unneces- SEC. 2. REQUIRING USE OF THE TRAVEL CHARGE quent health consequences. All these issues sary exposures to inappropriate use of and CARD. complicate, and in fact hamper, current ex- inadequate monitoring of environmental (a) IN GENERAL.—Under regulations issued aminations of the events of the Gulf War agents such as pesticides, solvents, depleted by the Administrator of General Services while trying to answer the question of ‘‘why uranium, and other identified health haz- after consultation with the Secretary of the are Gulf War veterans ill?’’. ards, to include coordination and consulta- Treasury, the Administrator shall require Some of the scientific experts the SIU con- tion with EPA and CDC on identifying and that Federal employees use the travel charge tracted with were able to provide very sound managing such risks; card established pursuant to the United criticism of some of the hypotheses about The need for DoD to participate in the pro- States Travel and Transportation Payment Gulf War illnesses, such as discounting the posed national, state-based birth defects reg- and Expense Control System, or any Federal role of a possible infectious agent, such as istry in order to better assess the relative contractor-issued travel charge card, for all mycoplasma. They were also able to clarify risks of birth defects in military popu- payments of expenses of official Government issues such as the possible health effects of lations; travel. The Administrator shall exempt any September 1, 1998 CONGRESSIONAL RECORD — SENATE S9803 payment, person, type or class of payments, ice’’ has the meaning that term has in sec- by adding at the end the following new para- or type or class of personnel from any re- tion 101 of title 37, United States Code. graph: quirement established under the preceding ø(d)¿ (e) REGULATIONS.—Within 270 days ‘‘(5) verifying transportation rates, freight sentence in any case in which— after the date of enactment of this Act, the classifications, and other information pro- (1) it is in the best interest of the United Administrator of General Services shall pro- vided on a Government bill of lading or States to do so; mulgate regulations implementing this sec- transportation request, unless the Adminis- (2) payment through a travel charge card is tion, that— trator of General Services has determined impractical or imposes unreasonable burdens (1) make the use of the travel charge card that verification by a prepayment audit con- or costs on Federal employees or Federal established pursuant to the United States ducted pursuant to section 3726(a) of this agencies; or Travel and Transportation System and Ex- title for a particular mode or modes of trans- (3) the Secretary of Defense or the Sec- pense Control System, or any Federal con- portation, or for an agency or subagency, retary of Transportation (with respect to the tractor-issued travel charge card, mandatory will not adequately protect the interests of Coast Guard) requests an exemption with re- for all payments of expenses of official Gov- the Government.’’; spect to the members of the uniformed serv- ernment travel pursuant to this section; (B) in subsection (c)(1), by inserting after ices. (2) specify the procedures for effecting ‘‘deductions’’ the following: ‘‘and the Admin- (b) AGENCY EXEMPTION.—The head of a Fed- under subsection ø(c)¿ (d) a deduction from istrator of General Services has determined eral agency or the designee of such head may pay owed to an employee, and ensure that that verification by a prepayment audit con- exempt any payment, person, type or class of the due process protections provided to em- ducted pursuant to section 3726(a) of this payments, or type or class of agency personnel ployees under such procedures are no less title for a particular mode or modes of trans- from subsection (a) if the agency head or the than the protections provided to employees portation, or for an agency or subagency, designee determines the exemption to be nec- pursuant to section 3716 of title 31, United will not adequately protect the interests of essary in the interest of the agency. Not later States Code; the Government’’; and than 30 days after granting such an exemption, (3) provide that any deduction under sub- (C) in subsection (c)(2), by inserting after the head of such agency or the designee shall section ø(c)¿ (d) from pay owed to an em- ‘‘agreement’’ the following: ‘‘and the Admin- notify the Administrator of General Services in ployee may occur only after reimbursement istrator of General Services has determined writing of such exemption stating the reasons of the employee for the expenses of Govern- that verification by a prepayment audit con- for the exemption. ment travel with respect to which the deduc- ducted pursuant to section 3726(a) of this ø(b)¿ (c) LIMITATION ON RESTRICTION ON DIS- tion is made; and title for a particular mode or modes of trans- CLOSURE.— (4) require agencies to promptly reimburse portation, or for an agency or subagency, (1) IN GENERAL.—Section 1113 of the Right employees for expenses charged on a travel will not adequately protect the interests of to Financial Privacy Act of 1978 (12 U.S.C. charge card pursuant to this section, and by the Government’’. 3413) is amended by adding at the end the fol- no later than 30 days after the submission of (3) Section 3726 of title 31, United States lowing new subsection: a claim for reimbursement. Code, is amended— (e) (f) REPORTS.— ‘‘(q) Nothing in this title shall apply to the ø ¿ (A) by amending subsection (a) to read as (1) IN GENERAL.—The Administrator of disclosure of any financial record or infor- follows: General Services shall submit 2 reports to ‘‘(a)(1) Each agency that receives a bill mation to a Government authority in con- the Congress on agency compliance with this from a carrier or freight forwarder for trans- junction with a Federal contractor-issued section and regulations that have been porting an individual or property for the travel charge card issued for official Govern- issued under this section. United States Government shall verify its ment travel.’’. (2) TIMING.—The first report under this correctness (to include transportation rates, (2) EFFECTIVE DATE.—The amendment subsection shall be submitted before the end freight classifications, or proper combina- made by paragraph (1) is effective as of Octo- of the 180-day period beginning on the date of tions thereof), using prepayment audit, prior ber 1, 1983, and applies to any records created enactment of this Act, and the second report to payment in accordance with the require- pursuant to the United States Travel and shall be submitted after that period and be- ments of this section and regulations pre- Transportation Payment and Expense Con- fore the end of the 540-day period beginning scribed by the Administrator of General trol System or any Federal contractor-issued on that date of enactment. Services. travel charge card issued for official Govern- ‘‘(2) The Administrator of General Services (3) PREPARATION.—Each report shall be ment travel. based on a sampling survey of agencies that may exempt bills, a particular mode or (c) (d) COLLECTION OF AMOUNTS OWED.— modes of transportation, or an agency or ø ¿ expended more than $5,000,000 during the pre- (1) IN GENERAL.—Under regulations issued subagency from a prepayment audit and ver- vious fiscal year on travel and transpor- by the Administrator of General Services ification and in lieu thereof require a tation payments, including payments for em- and upon written request of a Federal con- postpayment audit, based on cost effective- ployee relocation. The head of an agency tractor, the head of any Federal agency or a ness, public interest, or other factors the Ad- shall provide to the Administrator the nec- disbursing official of the United States may, ministrator considers appropriate. essary information in a format prescribed by on behalf of the contractor, collect by deduc- ‘‘(3) Expenses for prepayment audits shall the Administrator and approved by the Di- tion from the amount of pay owed to an em- be funded by the agency’s appropriations rector of the Office of Management and ployee of the agency any amount of funds used for the transportation services. Budget. ‘‘(4) The audit authority provided to agen- the employee owes to the contractor as a re- (g) REIMBURSEMENT OF TRAVEL EXPENSES.— sult of delinquencies not disputed by the em- cies by this section is subject to oversight by In accordance with regulations prescribed by the Administrator.’’; ployee on a travel charge card issued for pay- the Administrator of General Services, the head ment of expenses incurred in connection (B) by redesignating subsections (b), (c), of an agency shall ensure that the agency reim- (d), (e), (f), and (g) in order as subsections (d), with official Government travel. The amount burses an employee who submits a proper deducted from the pay owed to an employee (e), (f), (g), (h), and (i), respectively; voucher for allowable travel expenses in accord- (C) by inserting after subsection (a) the fol- with respect to a pay period may not exceed ance with applicable travel regulations within 15 percent of the disposable pay of the em- lowing new subsections: 30 days after submission of the voucher. If an ‘‘(b) The Administrator may conduct pre- ployee for that pay period, except that a agency fails to reimburse an employee who has or postpayment audits of transportation greater percentage may be deducted upon submitted a proper voucher within 30 days after bills of any Federal agency. The number and the written consent of the employee. submission of the voucher, the agency shall pay types of bills audited shall be based on the (2) DUE PROCESS PROTECTIONS.—Collection the employee a late payment fee as prescribed by Administrator’s judgment. under this subsection shall be carried out in the Administrator. ‘‘(c)(1) The Administrator shall adjudicate accordance with procedures substantially SEC. 3. PREPAYMENT AUDITS OF TRANSPOR- transportation claims which cannot be re- equivalent to the procedures required under TATION EXPENSES. solved by the agency procuring the transpor- section 3716(a) of title 31, United States (a) IN GENERAL.—(1) Section 3322 of title 31, tation services, or the carrier or freight-for- Code. United States Code, is amended in subsection warder presenting the bill. (3) DEFINITIONS.—For the purpose of this (c) by inserting after ‘‘classifications’’ the ‘‘(2) A claim under this section shall be al- subsection: following: ‘‘if the Administrator of General lowed only if it is received by the Adminis- (A) AGENCY.—The term ‘‘agency’’ has the Services has determined that verification by trator not later than 3 years (excluding time meaning that term has under section 101 of a prepayment audit conducted pursuant to of war) after the later of the following dates: title 31, United States Code. section 3726(a) of this title for a particular ‘‘(A) The date of accrual of the claim. (B) EMPLOYEE.—The term ‘‘employee’’ mode or modes of transportation, or for an ‘‘(B) The date payment for the transpor- means an individual employed in or under an agency or subagency, will not adequately tation is made. agency, including a member of any of the protect the interests of the Government’’. ‘‘(C) The date a refund for an overpayment uniformed services. For purposes of this sub- (2) Section 3528 of title 31, United States for the transportation is made. section, a member of one of the uniformed Code, is amended— ‘‘(D) The date a deduction under subsection services is an employee of that uniformed (A) in subsection (a) by striking ‘‘and’’ (d) of this section is made.’’; service. after the semicolon at the end of paragraph (D) in subsection (f), as so redesignated, by (C) MEMBER; UNIFORMED SERVICE.—Each of (3), by striking the period at the end of sub- striking ‘‘subsection (c)’’ and inserting ‘‘sub- the terms ‘‘member’’ and ‘‘uniformed serv- section (a)(4)(C) and inserting ‘‘; and’’, and section (e)’’, and by adding at the end the S9804 CONGRESSIONAL RECORD — SENATE September 1, 1998 following new sentence: ‘‘This reporting re- ‘‘(3) Nothing in this section is intended to (B) in paragraph (5), by striking the period quirement expires December 31, 1998.’’; limit the authority of any agency to conduct at the end and inserting a semicolon; and (E) in subsection (i)(1), as so redesignated, test programs. (C) by adding at the end the following new by striking ‘‘subsection (a)’’ and inserting ‘‘(b) The Administrator shall transmit a paragraphs: ‘‘subsection (c)’’; and copy of any test program approved by the ‘‘(6) ‘United States’ means the several (F) by adding after subsection (i), as so re- Administrator under this section to the ap- States, the District of Columbia, the Com- designated, the following new subsection: propriate committees of the Congress at monwealth of Puerto Rico, the Common- ‘‘(j) The Administrator of General Services least 30 days before the effective date of the wealth of the Northern Mariana Islands, the may provide transportation audit and relat- program. territories and possessions of the United ed technical assistance services, on a reim- ‘‘(c) An agency authorized to conduct a States, and the areas and installations in the bursable basis, to any other agency. Such re- test program under subsection (a) shall pro- Republic of Panama that are made available imbursements may be credited to the appro- vide to the Administrator and the appro- to the United States pursuant to the Panama priate revolving fund or appropriation from priate committees of the Congress a report Canal Treaty of 1977 and related agreements which the expenses were incurred.’’. on the results of the program no later than (as described in section 3(a) of the Panama (b) EFFECTIVE DATE.—The amendments 3 months after completion of the program. Canal Act of 1979); and made by this section shall become effective ‘‘(d) No more than 10 test programs under ‘‘(7) ‘Foreign Service of the United States’ 18 months after the date of enactment of this this section may be conducted simulta- means the Foreign Service as constituted Act. neously. under the Foreign Service Act of 1980.’’; SEC. 4. REIMBURSEMENT FOR TAXES ON MONEY ‘‘(e) The authority to conduct test pro- (2) in section 5722— RECEIVED FOR TRAVEL EXPENSES. grams under this section shall expire 7 years (A) in subsection (a)(2), by striking ‘‘out- (a) IN GENERAL.—Title 5, United States after the date of enactment of the Travel and side the United States’’ and inserting ‘‘out- Code, is amended by inserting after section Transportation Reform Act of ø1997¿ 1998.’’. side the continental United States’’; and 5706b the following new section: (b) RELOCATION EXPENSES TEST PRO- (B) in subsection (b), by striking ‘‘United GRAMS.—Subchapter II of chapter 57 of title States’’ each place it appears and inserting ‘‘§ 5706c. Reimbursement for taxes incurred 5, United States Code, is further amended by ‘‘Government’’; on money received for travel expenses adding at the end the following new section: (3) in section 5723(b), by striking ‘‘United ‘‘(a) Under regulations prescribed pursuant ‘‘§ 5739. Authority for relocation expenses test States’’ each place it appears and inserting to section 5707 of this title, the head of an programs ‘‘Government’’; agency or department, or his or her designee, (4) in section 5724— may use appropriations or other funds avail- ‘‘(a)(1) Notwithstanding any other provi- sion of this subchapter, under a test program (A) in subsection (a)(3), by striking ‘‘, its able to the agency for administrative ex- territories or possessions’’ and all that fol- penses, for the reimbursement of Federal, which the Administrator of General Services determines to be in the interest of the Gov- lows through ‘‘1979’’; and State, and local income taxes incurred by an (B) in subsection (i), by striking ‘‘United employee of the agency or by an employee ernment and approves, an agency may pay through the proper disbursing official for a States’’ each place it appears in the last sen- and such employee’s spouse (if filing jointly), tence and inserting ‘‘Government’’; for any travel or transportation reimburse- period not to exceed 24 months any nec- essary relocation expenses in lieu of any pay- (5) in section 5724a, by striking subsection ment made to an employee for which reim- (j); bursement or an allowance is provided. ment otherwise authorized or required under this subchapter. An agency shall include in (6) in section 5725(a), by striking ‘‘United ‘‘(b) Reimbursements under this section States’’ and inserting ‘‘Government’’; any request to the Administrator for ap- shall include an amount equal to all income (7) in section 5727(d), by striking ‘‘United proval of such a test program an analysis of taxes for which the employee and spouse, as States’’ and inserting ‘‘continental United the expected costs and benefits and a set of the case may be, would be liable due to the States’’; criteria for evaluating the effectiveness of reimbursement for the taxes referred to in (8) in section 5728(b), by striking ‘‘an em- subsection (a). In addition, reimbursements the program. ‘‘(2) Any test program conducted under ployee of the United States’’ and inserting under this section shall include penalties and ‘‘an employee of the Government’’; interest, for the tax years 1993 and 1994 only, this section shall be designed to enhance cost savings or other efficiencies that accrue (9) in section 5729, by striking ‘‘or its terri- as a result of agencies failing to withhold the tories or possessions’’ each place it appears; appropriate amounts for tax liabilities of to the Government. ‘‘(3) Nothing in this section is intended to (10) in section 5731(b), by striking ‘‘United employees affected by the change in the de- limit the authority of any agency to conduct States’’ and inserting ‘‘Government’’; and ductibility of travel expenses made by Public test programs. (11) in section 5732, by striking ‘‘United Law 102–486.’’. ‘‘(b) The Administrator shall transmit a States’’ and inserting ‘‘Government’’. (b) CLERICAL AMENDMENT.—The table of copy of any test program approved by the SEC. 7. TECHNICAL CORRECTIONS TO THE FED- sections at the beginning of chapter 57 of Administrator under this section to the ap- ERAL EMPLOYEE TRAVEL REFORM title 5, United States Code, is amended by in- propriate committees of the Congress at ACT OF 1996. serting after the item relating to section Section 5724a of title 5, United States Code, least 30 days before the effective date of the 5706b the following new item: is amended— program. (1) in subsections (a) and (d) (1) and (2), by ‘‘5706c. Reimbursement for taxes incurred on ‘‘(c) An agency authorized to conduct a striking ‘‘An agency shall pay’’ each place it money received for travel ex- test program under subsection (a) shall pro- appears and inserting ‘‘Under regulations penses.’’. vide to the Administrator and the appro- prescribed under section 5738, an agency (c) EFFECTIVE DATE.—This section shall be priate committees of the Congress a report shall pay’’; effective as of January 1, 1993. on the results of the program no later than (2) in subsections (b)(1), (c)(1), (d)(8), and SEC. 5. AUTHORITY FOR TEST PROGRAMS. 3 months after completion of the program. ‘‘(d) No more than 10 test programs under (e), by striking ‘‘An agency may pay’’ each (a) TRAVEL EXPENSES TEST PROGRAMS.— place it appears and inserting ‘‘Under regula- Subchapter I of chapter 57 of title 5, United this section may be conducted simulta- neously. tions prescribed under section 5738, an agen- States Code, is amended by adding at the end cy may pay’’; the following new section: ‘‘(e) The authority to conduct test pro- grams under this section shall expire 7 years (3) by amending subsection (b)(1)(B)(ii) to ‘‘§ 5710. Authority for travel expenses test after the date of enactment of the Travel and read as follows: programs Transportation Reform Act of ø1997¿ 1998.’’. ‘‘(ii) an amount for subsistence expenses, ‘‘(a)(1) Notwithstanding any other provi- (c) CLERICAL AMENDMENTS.—The table of that may not exceed a maximum amount de- sion of this subchapter, under a test program sections for chapter 57 of title 5, United termined by the Administrator of General which the Administrator of General Services States Code, is further amended by— Services.’’; determines to be in the interest of the Gov- (1) inserting after the item relating to sec- (4) in subsection (c)(1)(B), by striking ‘‘an ernment and approves, an agency may pay tion 5709 the following new item: amount for subsistence expenses’’ and insert- through the proper disbursing official for a ‘‘5710. Authority for travel expenses test pro- ing ‘‘an amount for subsistence expenses, period not to exceed 24 months any nec- grams.’’; that may not exceed a maximum amount de- essary travel expenses in lieu of any pay- termined by the Administrator of General ment otherwise authorized or required under and Services,’’; this subchapter. An agency shall include in (2) inserting after the item relating to sec- (5) in subsection (d)(2)(A), by striking ‘‘for any request to the Administrator for ap- tion 5738 the following new item: the sale’’ and inserting ‘‘of the sale’’; proval of such a test program an analysis of ‘‘5739. Authority for relocation expenses test (6) in subsection (d)(2)(B), by striking ‘‘for the expected costs and benefits and a set of programs.’’. the purchase’’ and inserting ‘‘of the pur- criteria for evaluating the effectiveness of SEC. 6. DEFINITION OF UNITED STATES. chase’’; the program. Chapter 57 of title 5, United States Code, is (7) in subsection (d)(8), by striking ‘‘para- ‘‘(2) Any test program conducted under amended— graph (2) or (3)’’ and inserting ‘‘paragraph (1) this section shall be designed to enhance (1) in section 5721— or (2)’’; cost savings or other efficiencies that accrue (A) in paragraph (4), by striking ‘‘and’’ fol- (8) in subsection (f)(1), by striking ‘‘Sub- to the Government. lowing the semicolon at the end; ject to paragraph (2),’’ and inserting ‘‘Under September 1, 1998 CONGRESSIONAL RECORD — SENATE S9805 regulations prescribed under section 5738 and The PRESIDING OFFICER. Without Wednesday, September 2. I further ask subject to paragraph (2),’’; and objection, it is so ordered. that when the Senate reconvenes on (9) by striking subsection (i). The resolution (S. Res. 269) was Wednesday, immediately following the Ms. SNOWE. Mr. President, I ask agreed to. prayer, Senator BENNETT be recognized unanimous consent that the committee The preamble was agreed to. to speak for up to 15 minutes in morn- amendments be agreed to, the bill be The resolution, with its preamble, is ing business. considered read a third time and as follows: The PRESIDING OFFICER. Without passed, the motion to reconsider be S. RES. 269 objection, it is so ordered. laid upon the table, and that any state- Whereas, in the case of Rose Larker, et al. v. Ms. SNOWE. Mr. President, I further ments relating to the bill appear at Kevin A. Carias-Herrera, et al., Civil No. ask consent that following the state- this point in the RECORD. 97CA06257, pending in the Superior Court for ment by Senator BENNETT the Senate The PRESIDING OFFICER. Without the District of Columbia, a subpoena has resume consideration of the Texas objection, it is so ordered. been issued for the production of documents Compact conference report and there The bill (H.R. 930) was passed. of the Sergeant-at-Arms and Doorkeeper of be 40 minutes of debate equally divided the Senate; f Whereas, pursuant to sections 703(a) and between Senators WELLSTONE and AUTHORIZATION FOR REPRESEN- 704(a)(2) of the Ethics in Government Act of SNOWE. Further, that upon the conclu- TATION BY SENATE LEGAL 1978, 2 U.S.C. 288b(a) and 288c(a)(2), the Sen- sion or yielding back of time, the Sen- COUNSEL ate may direct its counsel to represent Mem- ate proceed to a vote on adoption of bers, officers, and employees of the Senate the conference report without any in- Ms. SNOWE. Mr. President, I ask with respect to any subpoena, order, or re- tervening action or debate. unanimous consent that the Senate quest for testimony or document production The PRESIDING OFFICER. Without proceed to the immediate consider- relating to their official responsibilities; objection, it is so ordered. ation of S. Res. 269 submitted earlier Whereas, by the privileges of the Senate of the United States and Rule XI of the Stand- today by Senators LOTT and DASCHLE. f The PRESIDING OFFICER. The ing Rules of the Senate, no evidence under the control or in the possession of the Senate PROGRAM clerk will report. may, by the judicial or administrative proc- The assistant legislative clerk read ess, be taken from such control or possession Ms. SNOWE. Mr. President, for the as follows: but by permission of the Senate; information of all Senators, when the A resolution (S. Res. 269) to authorize pro- Whereas, when it appears that evidence Senate reconvenes on Wednesday at duction of Senate documents and representa- under the control or in the possession of the 9:15 a.m., Senator BENNETT will be rec- tion by Senate Legal Counsel in the case of Senate may promote the administration of ognized for 15 minutes of morning busi- Rose Larker, et al. v. Kevin A. Carias-Her- justice, the Senate will take such action as ness. Following the Senator’s state- rera, et al. will promote the ends of justice consistently with the privileges of the Senate: Now, ment, the Senate will resume consider- The PRESIDING OFFICER. Is there therefore, be it ation of the Texas Compact conference objection to the immediate consider- Resolved, That the Sergeant-at-Arms and report with 40 minutes of debate re- ation of the resolution? Doorkeeper of the Senate is authorized to maining. At the conclusion of that de- There being no objection, the Senate produce documents relevant to the case of bate, the Senate will proceed to a vote proceeded to consider the resolution. Rose Larker, et al. v. Kevin A. Carias-Herrera, on adoption of the conference report. Mr. LOTT. Mr. President, the case of et al. Following that vote, the Senate will SEC. 2. That the Senate Legal Counsel is Rose Larker, et al. v. Kevin A. Carias- resume consideration of the foreign op- Herrera, et al., pending in the Superior authorized to represent the Sergeant-at- Arms and Doorkeeper of the Senate in con- erations appropriations bill. Rollcall Court for the District of Columbia, in- nection with the production of documents in votes are expected throughout Wednes- volves claims of personal injury by the this case. day’s session as the Senate attempts to named plaintiff, a former employee of f complete action on the Texas Compact, the Sergeant at Arms who worked in the foreign operations appropriations Environmental Services. The defendant MEASURE INDEFINITELY bill, and any other legislative or execu- in this case has issued a subpoena for POSTPONED—S. 2160 tive items cleared for action. documents to the Senate Sergeant at Ms. SNOWE. Mr. President, I ask Arms. The enclosed resolution would unanimous consent that S. 2160 be in- f authorize the Sergeant at Arms to definitely postponed. RECESS UNTIL 9:15 A.M. produce such documents. It would also The PRESIDING OFFICER. Without TOMORROW authorize the Senate Legal Counsel to objection, it is so ordered. represent the Sergeant at Arms in con- f Ms. SNOWE. Mr. President, if there nection with the production of such is no further business to come before documents. ORDERS FOR WEDNESDAY, the Senate, I now ask unanimous con- Ms. SNOWE. Mr. President, I ask SEPTEMBER 2, 1998 sent that the Senate stand in recess unanimous consent that the resolution Ms. SNOWE. Mr. President, I ask under the previous order. be agreed to, the preamble be agreed unanimous consent that when the Sen- There being no objection, the Senate, to, the motion to reconsider be laid ate completes its business today it at 8:20 p.m., recessed until Wednesday, upon the table. stand in recess until 9:15 a.m on September 2, 1998, at 9:15 a.m. Tuesday, September 1, 1998 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Foreign Operations Appropriations, 1999: Senate Chamber Action began consideration of S. 2334, making appropria- Routine Proceedings, pages S9715–S9805 tions for foreign operations, export financing, and re- Measures Introduced: Two bills and three resolu- lated programs for the fiscal year ending September tions were introduced, as follows: S. 2429 and 2430, 30, 1999, taking action on amendments proposed S.J. Res. 55, and S. Res. 268 and 269. Page S9782 thereto, as follows: Pages S9719±33, S9739±72 Measures Reported: Reports were made as follows: Adopted: H.R. 624, to amend the Armored Car Industry McConnell/Leahy Amendment No. 3492, relating Reciprocity Act of 1993 to clarify certain require- to energy programs aimed at reducing greenhouse ments and to improve the flow of interstate com- gas emissions. Pages S9722±23 merce. (S. Rept. No. 105–297) McConnell/Leahy Amendment No. 3493, relating Report to accompany S.J. Res. 40 and H.J. Res. to activities that reduce vulnerability to climate 54, proposing an amendment to the Constitution of change. Pages S9722±23 the United States authorizing Congress to prohibit McConnell/Leahy Amendment No. 3494, to make the physical desecration of the flag of the United certain technical corrections. Pages S9723±24 States. (S. Rept. No. 105–298) Page S9782 McConnell (for Lugar) Amendment No. 3495, to provide a limited waiver for certain foreign students Measures Passed: of the requirement to reimburse local educational Congratulating the Little League World Series agencies for the costs of the students’ education. Champions: Senate agreed to S. Res. 268, congratu- Page S9724 lating the Toms River East American Little League Durbin Amendment No. 3496, to allocate funds team of Toms River, New Jersey, for winning the available for activities pursuant to the Microenter- Little League World Series. Pages S9751±53 prise Initiative. Page S9725 Travel and Transportation Reform: Senate Durbin Amendment No. 3497, to express the passed H.R. 930, to require Federal employees to use sense of the Senate regarding United States citizens Federal travel charge cards for all payments of ex- imprisoned in Peru. Pages S9726±27 penses of official Government travel, to amend title Durbin Amendment No. 3498, to require a report 31, United States Code, to establish requirements for on the training provided to foreign military person- prepayment audits of Federal agency transportation nel in the United States during fiscal years 1998 and expenses, to authorize reimbursement of Federal 1999. Pages S9727±28 agency employees for taxes incurred on travel or McConnell (for Brownback) Amendment No. transportation reimbursements, and to authorize test 3499, to earmark funds for a hydraulic drilling ma- programs for the payment of Federal employee travel chine to provide potable drinking water in the re- expenses and relocation expenses, after agreeing to gion of the Nuba Mountains in Sudan. Page S9728 committee amendments. Pages S9802±05 Leahy (for Daschle) Amendment No. 3502, to Authorizing Production of Senate Documents: provide for progress reports to Congress on efforts to Senate agreed to S. Res. 269, to authorize production update the architecture of the international monetary of Senate documents and representation by Senate system. Pages S9728±29 Legal Counsel in the case of Rose Larker, et al. v. Kevin A. Carias-Herrera, et al. Page S9805 D921 D922 CONGRESSIONAL RECORD — DAILY DIGEST September 1, 1998 Leahy (for Bumpers) Amendment No. 3503, to McConnell (for Dodd/Harkin) Amendment No. express the sense of the Congress regarding inter- 3515, to require a consolidated report on all U.S. national cooperation in recovering children abducted military training provided to foreign military per- in the United States and taken to other countries. sonnel. Pages S9745±51 Page S9729 McConnell (for Kennedy) Amendment No. 3516, McConnell (for Kempthorne) Amendment No. to express the sense of the Congress on the trial in 3504, to require the purchase of American agri- the Netherlands of the suspects indicted in the culture commodities with funds made available bombing of Pan Am Flight 103. Pages S9745±51 through this bill and to require the Secretary of the McConnell (for Feingold) Amendment No. 3517, Treasury to report annually on federal efforts to pur- relating to the development of a new strategy for chase American agriculture commodities. United States bilateral assistance for Nigeria. Pages S9729±30 Pages S9745±51 McConnell (for Kempthorne) Amendment No. McConnell (for Feinstein) Amendment No. 3518, 3505, to direct the Secretary of the Treasury to in- to improve the prohibition on United States arms struct the United States executive directors of inter- export transactions to foreign governments that do national financial institutions to use the voice and not cooperate fully with United States antiterrorism vote on the United States to support the purchase of efforts. Pages S9745±51 American agricultural commodities. Pages S9729±30 Smith (of Oregon) Amendment No. 3520, to ex- By 49 yeas to 44 nays (Vote No. 254), Specter press the sense of Congress regarding efforts to pro- Amendment No. 3506, to provide funding for the mote full equality at the United Nations for Israel. Comprehensive Nuclear Test Ban Treaty Preparatory Pages S9754±57 Commission. Pages S9731±33, S9739, S9753±54, S9769±71 Smith (of Oregon) Amendment No. 3521, to ex- Feinstein/McConnell Amendment No. 3507, to press the sense of Congress regarding sanctions state United States support for a peaceful economic against Serbia-Montenegro. Pages S9755±57 and political transition in Indonesia. McConnell (for Brownback) Amendment No. Pages S9739±40, S9744 3524, to make available assistance for Georgia for in- Feinstein/McConnell Amendment No. 3508, to condemn the rape of ethnic Chinese women in Indo- frastructure for secure communications and surveil- nesia and the May 1998 riots in Indonesia. lance systems. Pages S9769±70 Pages S9740±44 McConnell (for Bond) Amendment No. 3525, to Gorton Amendment No. 3509, to express the require a report on Iraqi development of weapons of sense of the Congress regarding IMF response to the mass destruction. Page S9772 Pending: economic crisis in Russia. Pages S9744±45 McConnell (for Ashcroft) Amendment No. 3510, McConnell/Leahy Amendment No. 3491, to pro- to establish a prohibition on assistance to the Demo- vide that the Export Import Bank shall not disburse cratic Republic of Congo. Pages S9745±51 direct loans, loan guarantees, insurance, or tied aid McConnell (for Ashcroft) Amendment No. 3511, grants or credits for enterprises or programs in the to prohibit assistance to the Palestinian Broadcasting New Independent States which are majority owned Page S9722 Corporation. Pages S9745±51 or managed by state entities. McConnell (for Lott) Amendment No. 3512, to Inhofe Amendment No. 3366, to require a certifi- provide support for the conduct of activities by the cation that the signing of the Landmine Convention Iraqi democratic opposition inside Iraq. is consistent with the combat requirements and safe- Pages S9745±51 ty of the armed forces of the United States. McConnell (for Wellstone) Amendment No. 3513, Pages S9758±64 relating to the trafficking of women and children. Kyl Amendment No. 3522, to establish condi- Pages S9745±51 tions for the use of quota resources of the Inter- McConnell (for Leahy) Amendment No. 3514, to national Monetary Fund. Page S9764 express the sense of the Congress that information Coats Amendment No. 3523, to reallocate funds relevant to the December 2, 1980 assault and mur- provided to the Korean Peninsula Energy Develop- der of four American churchwomen in El Salvador ment Organization to be available only for should be made public to the fullest extent possible antiterrorism assistance. Pages S9764±66 and that circumstances under which any individuals McCain Modified Amendment No. 3500, to re- involved in either the murders or the cover-up of the strict the availability of certain funds for the Korean murders obtained residence in the United States be Peninsula Energy Development Organization unless reviewed by the Attorney General. Pages S9745±51 an additional condition is met. Page S9766 September 1, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D923 A unanimous-consent agreement was reached pro- Agencies approved for full committee consideration viding for consideration of certain further amend- an original bill making appropriations for the De- ments to be proposed to the bill. partments of Labor, Health and Human Services, and Military Construction Appropriations, 1999— Education, and related agencies for the fiscal year Conference Report: By 87 yeas to 3 nays (Vote No. ending September 30, 1999. 253), Senate agreed to the conference report on H.R. 4059, making appropriations for military construc- MASS MAIL FRAUD tion, family housing, and base realignment and clo- Committee on Governmental Affairs: Subcommittee on sure for the Department of Defense for the fiscal year International Security, Proliferation and Federal Serv- ending September 30, 1999, clearing the measure for ices concluded hearings to examine the use of mis- the President. Pages S9715±19 leading direct mail marketing practices, focusing on Texas Low-Level Radioactive Waste Disposal S. 2141, to require certain notices in any mailing Compact—Conference Report: Senate began con- using a game of chance for the promotion of a prod- sideration of the conference report on H.R. 629, to uct or service, after receiving testimony from Senator grant the consent of the Congress to the Texas Low- Campbell; Kenneth J. Hunter, Chief Postal Inspec- Level Radioactive Waste Disposal Compact. tor, United States Postal Inspection Service; Florida Pages S9772±82 Attorney General Robert A. Butterworth, Tallahas- Senate will resume consideration of the conference see; Michigan Assistant Attorney General in Charge report on Wednesday, September 2, 1998, with a Stanley F. Pruss, Lansing; Richard A. Barton, Direct vote to occur thereon. Marketing Association, Washington, D.C.; and Wil- Measure Indefinitely Postponed: liam E. Arnold, Arizona State University, Tempe. Military Construction Appropriations, 1999: Senate indefinitely postponed further consideration of COUNTER-TERRORISM S. 2160, making appropriations for military con- Committee on the Judiciary: Subcommittee on Tech- struction, family housing, base realignment and clo- nology, Terrorism, and Government Information met sure for the Department of Defense for the fiscal year in closed session to receive a briefing on the recent ending September 30, 1999. Page S9805 bombings of the American embassies in Nairobi and Measures Referred: Page S9782 Dar Es Salaam and the United States response from Statements on Introduced Bills: Pages S9782±88 Richard Clarke, Senior Director, National Security Council/National Coordinator for Counter-terrorism. Additional Cosponsors: Pages S9788±90 Subcommittee recessed subject to call. Amendments Submitted: Pages S9790±97 Authority for Committees: Page S9797 YOUTH CRIME PREVENTION Additional Statements: Pages S9797±S9802 Committee on the Judiciary: Subcommittee on Youth Record Votes: Two record votes were taken today. Violence held hearings to examine recommendations (Total—254). Pages S9719, S9771 and strategies on how to prevent juvenile crime through early intervention and law enforcement pro- Recess: Senate convened at 9:30 a.m., and recessed grams, receiving testimony from Judge David E. at 8:20 p.m., until 9:15 a.m., on Wednesday, Sep- Grossmann, Hamilton County Juvenile Court, Cin- tember 2, 1998. (For Senate’s program, see the re- marks of the Acting Majority Leader in today’s cinnati, Ohio, on behalf of the National Council of Record on page S9805.) Juvenile and Family Court Judges; Harry L. Shorstein, Fourth Judicial Circuit of Florida, Jack- sonville; George L. Kelling, Rutgers University, Committee Meetings New Brunswick, New Jersey; and Ronald D. Ste- (Committees not listed did not meet) phens, National School Safety Center, Westlake Vil- lage, California. APPROPRIATIONS—LABOR/HHS/ Hearings were recessed subject to call. EDUCATION Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education and Related D924 CONGRESSIONAL RECORD — DAILY DIGEST September 1, 1998 House of Representatives COMMITTEE MEETINGS FOR Chamber Action WEDNESDAY, SEPTEMBER 2, 1998 The House was not in session today. The House (Committee meetings are open unless otherwise indicated) will next meet at 12:00 noon on Wednesday, Sep- Senate tember 9. Committee on Appropriations, Subcommittee on Labor, Health and Human Services, and Education, to hold hear- Committee Meetings ings to examine activities of the National Constitution Center, 11 a.m., SD–138. TECHNOLOGY TRANSFERS TO CHINA Committee on Labor and Human Resources, to hold hear- ings on the nomination of Jane E. Henney, of New Mex- Select Committee on U.S. National Security and Military/ ico, to be Commissioner of Food and Drugs, Department Commercial Concerns with the People’s Republic of China: of Health and Human Services, 9:30 a.m., SD–430. Met in executive session to receive briefings on Select Committee on Intelligence, to hold closed hearings on pending business. intelligence matters, 2:30 p.m., SH–219. Will continue tomorrow. House Select Committee on U.S. National Security and Military/ Commercial Concerns with the People’s Republic of China, exec- utive, to continue to receive briefings on pending busi- ness, 10 a.m., H–140 Capitol. September 1, 1998 CONGRESSIONAL RECORD—DAILY DIGEST D925

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FIFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 27 through July 31, 1998 January 27 through July 31, 1998 Senate House Total Civilian nominations totaling 375 (including 124 nominations carried Days in session ...... 106 84 . . over from the First Session), disposed of as follows: Time in session ...... 845 hrs., 29′ 722 hrs., 24′ . . Confirmed ...... 172 Congressional Record: Unconfirmed ...... 179 Pages of proceedings ...... 9714 7431 . . Withdrawn ...... 24 Extensions of Remarks ...... 1647 . . Public bills enacted into law ...... 26 55 81 Civilian nominations (FS, PHS, CG, NOAA), totaling 1,167 (includ- Private bills enacted into law ...... ing 86 nominations carried over from the First Session), disposed Bills in conference ...... 11 13 . . of as follows: Measures passed, total ...... 246 350 596 Confirmed ...... 721 Senate bills ...... 68 28 . . Unconfirmed ...... 446 House bills ...... 66 161 . . Senate joint resolutions ...... 3 1 . . Air Force nominations, totaling 4,647 (including 21 nominations House joint resolutions ...... 2 3 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 24 7 . . Confirmed ...... 4,625 House concurrent resolutions ...... 16 32 . . Unconfirmed ...... 22 Simple resolutions ...... 67 118 . . Measures reported, total ...... 197 264 461 Army nominations, totaling 3,741 (including 2 nominations carried Senate bills ...... 128 4 . . over from the First Session), disposed of as follows: House bills ...... 36 165 . . Confirmed ...... 3,643 Senate joint resolutions ...... 7 . . . . Unconfirmed ...... 98 House joint resolutions ...... 1 4 . . Senate concurrent resolutions ...... 8 . . . . House concurrent resolutions ...... 1 9 . . Navy nominations, totaling 1,769 (including 4 nominations carried Simple resolutions ...... 16 82 . . over from the First Session), disposed of as follows: Special reports ...... 15 7 . . Confirmed ...... 1,075 Conference reports ...... 9 . . Unconfirmed ...... 694 Measures pending on calendar ...... 219 74 . . Measures introduced, total ...... 1,027 1,764 2,791 Marine Corps nominations, totaling 1,845, disposed of as follows: Bills ...... 863 1,433 . . Confirmed ...... 1,844 Joint resolutions ...... 15 21 . . Unconfirmed ...... 1 Concurrent resolutions ...... 45 125 . . Simple resolutions ...... 104 185 . . Summary Quorum calls ...... 2 13 . . Yea-and-nay votes ...... 252 168 . . Total nominations carried over from the First Session ...... 237 Recorded votes ...... 235 . . Total nominations received this session ...... 13,307 Bills vetoed ...... 1 2 . . Total confirmed ...... 12,080 Vetoes overridden ...... 1 2 . . Total unconfirmed ...... 1,440 Total withdrawn ...... 24 D926 CONGRESSIONAL RECORD — DAILY DIGEST September 1, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, September 2 12 noon, Wednesday, September 9

Senate Chamber House Chamber Program for Wednesday: After the recognition of one Program for Wednesday: To be announced. Senator for a speech, Senate will resume consideration of the conference report on H.R. 629, Texas Low-Level Ra- dioactive Waste Disposal Compact, with a vote to occur thereon, following which Senate will resume consideration of S. 2334, Foreign Operations Appropriations.

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