July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6027 work to ensure that taxpayers receive their Mr. Speaker, I yield back the balance wise interfere with any intellectual property refunds in the year 2000. of my time. law or policy of any country in Africa or The SPEAKER pro tempore. Under Mr. HOYER. Mr. Speaker, I yield Asia (including Israel) that is designed to the rule, the gentleman from Massa- back the balance of my time. make pharmaceuticals more affordable if such law or policy, as the case may be, com- chusetts (Mr. OLVER) will be recognized The SPEAKER pro tempore. Without plies with the Agreement on Trade-Related for 30 minutes, and the gentleman from objection, the previous question is or- Aspects of Intellectual Property Rights re- Arizona (Mr. KOLBE) will be recognized dered on the motion to instruct. ferred to in section 101(d)(15) of the Uruguay for 30 minutes. There was no objection. Round Agreements Act (19 U.S.C. 3511(d)(15)). Mr. OLVER. Mr. Speaker, as my col- The SPEAKER pro tempore. The The CHAIRMAN. Pursuant to House leagues can see, I have been filling in question is on the motion to instruct. resolution 247, the gentleman from here. So I ask unanimous consent to The motion was agreed to. Vermont (Mr. SANDERS) and the gen- hand the time over to the gentleman A motion to reconsider was laid on tleman from Connecticut (Mr. GEJDEN- from Maryland (Mr. HOYER), my distin- the table. SON) each will control 5 minutes. guished ranking member. GENERAL LEAVE The Chair recognizes the gentleman The SPEAKER pro tempore. Is there Mr. KOLBE. Mr. Speaker, I ask unan- from Vermont (Mr. SANDERS). objection to the request of the gen- imous consent that all Members may Mr. SANDERS. Mr. Chairman, I yield tleman from Massachusetts? have 5 legislative days within which to myself 11⁄4 minutes. There was no objection. revise and extend their remarks and Mr. Chairman, this amendment, co- The SPEAKER pro tempore. The gen- that I may include tabular and extra- sponsored by the gentleman from Illi- tleman from Maryland (Mr. HOYER) neous material on H.R. 2490. nois (Mr. JACKSON), the gentleman will control the 30 minutes. The SPEAKER pro tempore. Is there from California (Mr. STARK), the gen- The Chair recognizes the gentleman objection to the request of the gen- tleman from California (Mr. ROHR- from Maryland (Mr. HOYER). tleman from Arizona? ABACHER), the gentlewoman from Geor- Mr. HOYER. Mr. Speaker, I yield my- There was no objection. gia (Ms. MCKINNEY), the gentleman self such time as I may consume. The SPEAKER pro tempore. The from Ohio (Mr. KUCINICH), the gen- Mr. Speaker, we have offered this Chair will appoint conferees later tleman from Alabama (Mr. HILLIARD), motion to instruct conferees on the today. the gentleman from California (Mr. basis that the Y2K issue has been an f MILLER), the gentlewoman from Illi- ongoing issue government-wide as well nois (Ms. SCHAKOWSKY), and the gen- AMERICAN EMBASSY SECURITY as with the Treasury Department. We tleman from Arkansas (Mr. BERRY) ACT OF 1999 are very concerned. deals with one of the great moral chal- I want to make it clear that I believe The SPEAKER pro tempore (Mr. lenges of this century. that we need more than this restored; BURR of North Carolina). Pursuant to Millions of people in Africa and Asia but at minimum, we need this money House Resolution 247 and rule XVIII, are suffering from the horrible AIDS restored. That is why this motion to the Chair declares the House in the epidemic decimating their countries. instruct has been offered. Committee of the Whole House on the Because of poverty, they are unable to Mr. Speaker, I reserve the balance of State of the Union for the further con- afford the very expensive prescription my time. sideration of the bill, H.R. 2415. drugs needed to combat this killer dis- Mr. KOLBE. Mr. Speaker, I yield my- b 1050 ease. self such time as I may consume. Sadly, the major pharmaceutical Mr. Speaker, I do not oppose this mo- IN THE COMMITTEE OF THE WHOLE companies are using their enormous tion to instruct conferees. Obviously, Accordingly, the House resolved wealth and influence to fight legisla- at this moment we do not have an allo- itself into the Committee of the Whole tion passed in South Africa, Israel, and cation that is sufficient to permit us to House on the State of the Union for the Thailand which allows those countries easily restore these Y2K funds without further consideration of the bill (H.R. to purchase and manufacture anti- having to take it from some other 2415) to enhance security of United AIDS drugs at far lower prices than place that might be even more detri- States missions and personnel over- those charged by the major drug com- mental. But I am certainly hopeful seas, to authorize appropriations for panies. that it will be possible for us to restore the Department of State for fiscal year These laws are consistent with inter- at least this amount of the Y2K fund- 2000, and for other purposes, with Mr. national trade and copyright law. Once ing to the Internal Revenue Service KOLBE in the chair. again, these laws are consistent with and other Federal agencies. The Clerk read the title of the bill. international trade and copyright laws. So, I have no objection to this mo- The CHAIRMAN. When the Com- Tragically, the U.S. State Depart- tion to instruct. But I say that with mittee of the Whole rose on Tuesday, ment is currently working with the the understanding that I can give no July 20, 1999, amendment No. 8 printed drug companies to punish South Africa absolute assurances to my colleagues in House Report 106–235 offered by the because their government has com- in this body that we can accomplish gentleman from Texas (Mr. PAUL) had mitted the terrible crime of trying to this in the conference, although I am been disposed of. get affordable drugs to treat their hopeful that we would be able to. It is now in order to consider amend- AIDS patients. Mr. SANDERS. Madam Chairman, I ment No. 15 printed in Part B of House What South Africa is doing is legal yield myself the balance of my time. report 106–235. under international law. And it is mor- I would urge the Members to have AMENDMENT NO. 15 OFFERED BY MR. SANDERS ally right. the courage to stand up to the pharma- Mr. SANDERS. Mr. Chairman, I offer Please support this amendment. Get ceutical industry and support this an amendment. the U.S. Government on the right side amendment cosponsored by the gen- The CHAIRMAN. The Clerk will des- of this issue and help save millions of tleman from Illinois (Mr. JACKSON), the ignate the amendment. lives. gentleman from California (Mr. The text of the amendment is as fol- Mr. Chairman, I reserve the balance STARK), the gentleman from California lows: of my time. (Mr. ROHRABACHER), the gentlewoman Part B Amendment No. 15 offered by Mr. Mr. GEJDENSON. Mr. Chairman, I from Georgia (Ms. MCKINNEY), the gen- SANDERS: yield myself such time as I may con- tleman from Ohio (Mr. KUCINICH), the Page 35, after line 9, insert the following sume. gentleman from Alabama (Mr. HILL- (and conform the table of contents accord- Mr. Chairman, the case of the gen- IARD), the gentleman from California ingly): tleman from Vermont (Mr. SANDERS) (Mr. GEORGE MILLER), the gentle- SEC. 211. PROHIBITION ON INTERFERENCE WITH frankly is completely flawed. And INTELLECTUAL PROPERTY LAW RE- CHAKOWSKY though while his motives may be noble, woman from Illinois (Ms. S ) LATING TO PHARMACEUTICALS OF and the gentleman from Arkansas (Mr. CERTAIN FOREIGN COUNTRIES. the final result of his action will be re- BERRY). No employee of the Department of State duction in new drugs that will save Let us win this fight. shall take any action to deter or to other- lives. H6028 CONGRESSIONAL RECORD — HOUSE July 21, 1999 We have tested the theory here in been one of the most productive sectors to meet this growing health crisis. I this Chamber and elsewhere to see if in the American economy in creating will note the Republicans have ensured governments will come up with the re- new drugs for all our citizens. funding for this for some time. I have search dollars to invent new medicines. Madam Chairman, I reserve the bal- also held the only hearings on this sub- Frankly, we cannot get our Govern- ance of my time. ject last year. I intend to work to en- ment to provide medicine for its own Mr. SANDERS. Madam Chairman, I sure that this program continues to re- citizens let alone citizens of other yield 1 minute to the gentlewoman ceive strong support. countries. from Georgia (Ms. MCKINNEY). The White House AIDS policy direc- Fully 45 percent of all new drugs are Ms. MCKINNEY. Madam Chairman, tor, Sandra Thurman, has reported developed in the United States; and the have my colleagues ever seen a bully that the disease is turning millions of next closest country, the U.K., devel- on the playground and they knew it children into orphans, reducing life ex- ops but 14 percent. American tax- was not right? Well, that is exactly pectancy by more than 20 years and un- payers, through its Congress, will not what our own State Department is dermining economic development in provide the research dollars to find the doing right now to South Africa. large parts of Africa. More than 12 mil- cures for cancer and AIDS like the new We can tell a lot about a country the lion people have died of AIDS in sub- $4 pill that will be able to protect the way they act when they think no one is Saharan Africa over the past decade. children of mothers with AIDS by one watching. The State Department of the However, I believe that the amend- pill given one time at the cost of $4 in- world’s indispensable Nation has de- ment before us is not the way to ad- stead of AZT at the cost of hundreds of cided that poor Africans dying of pre- dress this important issue. It threatens dollars. ventable and treatable diseases is patent protection rights and will cre- What the bill does, it will give the okay. ate new impediments to future AIDS opportunity for wealthier nations to In South Africa, thousands of people research efforts. Furthermore, its im- try to evade our intellectual property are dying every week because they can- plementation would put the U.S. in laws. The United States already loses not afford to treat deadly but prevent- violation of our obligations under the one out of three dollars when it comes able and treatable diseases like ma- Uruguay Round Implementation Act to to the opportunity of sales overseas for laria, tuberculosis, and typhoid. seek the strengthening of intellectual intellectual property. But we are not In South Africa, it costs more to get property laws. talking about corporate profits here. a prescription filled than to go to the The CHAIRMAN pro tempore (Mrs. We are talking about countries being doctor’s office. Therefore, they can go EMERSON). The time of the gentleman able to avoid intellectual property to the doctor to find out what is wrong, from New York (Mr. GILMAN) has ex- laws, and we are talking about denying but they cannot treat it; they cannot pired. the resources from wealthier countries, treat the illness. Mr. GEJDENSON. Madam Chairman, not from the poorest countries, they Accordingly, South Africa decided to I ask unanimous consent that debate already have the ability to control fight back. South Africa went to the on this amendment be extended for 2 prices. free market to buy its prescription minutes equally divided and controlled The poorest countries in this world drugs rather than to the pharma- by me and the gentleman from make agreements with pharmaceutical ceutical cartel and the State Depart- Vermont (Mr. SANDERS). companies that limit the price of those ment objects to that. Once again, The CHAIRMAN pro tempore. Is products in those countries. Frankly, seems to prefer corporate profits over there objection to the request of the the only country in the world that does healthy people. gentleman from Connecticut? not limit prices is the United States. It looks to me like the State Depart- There was no objection. What the amendment of the gen- ment is the bully on the playground Mr. GEJDENSON. Madam Chairman, tleman will do is allow wealthy coun- and they think no one is watching. I yield 1 minute to the gentleman from tries like Israel, frankly, that has a per Well, let them see that the Congress is New York (Mr. GILMAN). capita income of almost $16,000, to watching by supporting the Sanders Mr. GILMAN. Madam Chairman, I avoid our intellectual property laws. amendment. thank the gentleman for yielding me He will thereby undermine the basic Mr. GEJDENSON. Madam Chairman, this additional time. flow of funds to research and may re- may I inquire how much time I have This amendment would use policies verse what we see here today. remaining? such as compulsory licensing and par- Forty-five percent of all the new The CHAIRMAN pro tempore (Mrs. allel trade to make pharmaceuticals drugs come from the United States. Ac- EMERSON). The gentleman from Con- more affordable. Compulsory licensing cept the Sanders amendment and we necticut (Mr. GEJDENSON) has 2 min- would allow generic manufacturers to will not be helping the poor, we will be utes remaining. The gentleman from produce and sell a patented pharma- hurting every one of us in this process Vermont (Mr. SANDERS) has 2–3/4 min- ceutical product before the patent ex- as we do not develop the new drugs for utes remaining. pires, without protecting the rights of AIDS and breast cancer and other ill- Mr. GEJDENSON. Madam Chairman, the patentholder in the importing nesses around the world. I yield 1 minute to the gentleman from country. This approach will discourage The poorest countries already get a New York (Mr. GILMAN). research efforts and will not address lower price for those products. The leg- (Mr. GILMAN asked and was given the underlying problems confronting islation of the gentleman from permission to revise and extend his re- AIDS patients. Vermont (Mr. SANDERS) would prevent marks.) Parallel trade involves purchasing a the U.S. Government from protecting Mr. GILMAN. Madam Chairman, I product at a low price in one market intellectual property that is made here thank the gentleman for yielding me and reselling it in another market at a in the United States and give wealthier the time. higher price, outside of normal dis- countries the ability to purchase these tribution channels. This proposal has b products through poorer countries. We 1100 been tried and found wanting in Kenya are not helping poor African countries. Mr. GILMAN. Madam Chairman, I where it resulted in a flood of counter- We are not helping Bangladesh. These thank the gentleman for yielding me feit medicine imports. countries can already control prices in this time. I rise in opposition to the Accordingly, I join the gentleman agreements with these pharmaceutical amendment being offered by the gen- from Connecticut in urging the defeat companies. tleman from Vermont. of the Sanders amendment. What his legislation would allow is I share the concerns of the gentleman Mr. SANDERS. Madam Chairman, I American countries can see their intel- from Vermont and all those who want yield 30 seconds to the gentleman from lectual property transferred to other to combat the spread of AIDS in Africa Arkansas (Mr. BERRY), a former phar- countries. This is simple theft. It and I very much welcome Monday’s an- macist. seems to me, if we stand by the Sand- nouncement that the administration is Mr. BERRY. Madam Chairman, I rise ers amendment, we will only have our- joining our House Republicans in call- this morning to support this amend- selves to blame in injuring what has ing for a $127 million spending program ment. I commend the gentleman from July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6029 Vermont for introducing this amend- partment thinks they are operating il- companies whose intellectual property rights ment. legally, go to the World Trade Organi- are violated by foreign governments. The It is critical that our State Depart- zation. But the State Department does State Department has been successful in ne- ment allow countries the tools they not want to go to the World Trade Or- gotiating acceptable resolutions to these inter- need to fight health epidemics such as ganization. They want to put unilat- national trade conflicts, protecting both Amer- AIDS as long as they play by the inter- eral action against South Africa. The ican interests and jobs. national rules. WTO agreements and drug companies want to use their mus- In fact, the law says that we should defend fairness should be the driving force be- cle against South Africa. What South intellectual property rights. Section 315 of Uru- hind U.S. policy relating to this issue, Africa is doing is legal. The State De- guay Round Implementation Act states that it not a few very profitable international partment does not want to challenge is the policy of the U.S. to seek enactment pharmaceutical companies. We do not them in the World Trade Organization and implementation of foreign intellectual have to do things that inappropriately because they will lose. property laws that ``strengthen and supple- protect their markets like we do in It is a shame and an embarrassment ment'' TRIPs. This amendment contradicts the this country and allow them to take that the government of the United law and would inhibit the pharmaceutical in- advantage of other people. States of America is working with the dustry from seeking assistance from their own Mr. SANDERS. Madam Chairman, I multi-billion dollar drug companies to government to resolve intellectual property yield 1 minute to the gentleman from push around South Africa because that rights issue with foreign governments. Ohio (Mr. KUCINICH). country is trying to do the right thing While the author of the amendment con- Mr. KUCINICH. Madam Chairman, I for its people with AIDS. tends that the restrictions would not apply if believe this amendment is a good Madam Chairman, I reserve the bal- the bill was in compliance with TRIPs, I'm not amendment. This amendment will pre- ance of my time. sure how such a determination of a violation vent the State Department from pun- Mr. GEJDENSON. Madam Chairman, can be made without going to WTO. Unless, ishing countries that use legal means I yield the balance of my time to the we decide that the State Department can to procure low-cost lifesaving drugs for gentleman from New Jersey (Mr. make legal determinations about the legality or their citizens. This practice, called par- MENENDEZ). illegality of intellectual property rights actions, allel importing, is allowed by the The CHAIRMAN pro tempore. The this amendment would allow the Administra- World Trade Organization. Many of the gentleman from New Jersey is recog- tion to prejudge the outcome of a WTO case. poorest nations on earth are experi- nized for 1 minute. The amendment is broadly drafted and (Mr. MENENDEZ asked and was encing some of the highest death rates could prohibit the Administration from acting given permission to revise and extend because there is not enough money to even when there is a clear violation of TRIPs, his remarks.) pay for the high cost of lifesaving as in the case of South Africa. The South Afri- Mr. MENENDEZ. Madam Chairman, I drugs. Some countries are even experi- can Medicines Act, which is under litigation in share the gentleman from Vermont’s encing a return of age-old illnesses South Africa, not only permits parallel importa- concerns, but I think this amendment such as tuberculosis. tion which is not permitted under Article 28 of is the wrong way to go about it. We do The AIDS epidemic is causing a the TRIPs agreements, it also contains a pro- not seek to hurt South Africa, but we health care crisis worldwide. What vision which allows the complete abrogation of also do not seek to hurt American com- good are lifesaving drugs if they are patient rights at the discretion of the Minister panies and their international intellec- not affordable for people who need of Health. them? We should not punish countries tual property rights. When you go Specifically, Section 15c of the South Afri- for trying to save their citizens’ lives. down the road of saying to American can Medicines Act says that, the Health Min- We should not punish countries for companies, forget about all of the re- ister may determine ``that the rights with re- being concerned about their own citi- search, all of the intellectual property gard to any medicine under a patent granted zens. We should not punish countries rights that you possess, you go down a in the Republic shall not extend to acts in re- for using perfectly legal means to pro- road that is going to hurt South Africa spect of such medicine which has been put on cure low-cost pharmaceuticals. and Africa ultimately, because you the market by the owner of the medicine, or Help to save millions of lives by end- want investment to take place and with his or her consent.'' ing a counterproductive State Depart- that investment is going to take place Conceivably the amendment could compel ment practice. Put human life above if people believe that their intellectual the State Department to refrain from action if profit. I urge my colleagues to support property rights are going to be ob- the government in questionÐin this case this amendment. served. Mr. SANDERS. Madam Chairman, I This amendment would restrict the South AfricaÐclaims that their actions are in yield myself such time as I may con- ability of the administration to protect compliance with TRIPs, since the amendment sume. This amendment deals with one the intellectual property rights of does not establish how to determine if an ac- of the great moral challenges of our American pharmaceutical companies tion is compliant with TRIPs. time. While the pharmaceutical indus- in foreign countries. The State Depart- Members need to know the facts, Article 28 try, which makes wide campaign con- ment plays a crucial role in assisting of TRIPsÐthe WTO Agreement on Trade-Re- tributions, spends more money on lob- U.S. companies whose intellectual lated Aspects of Intellectual Property obligates bying and campaign contributions than property rights are violated by foreign countries to prohibit parallel importation of pat- any other industry in this country, governments. In fact, the law says we ented products. while they are enjoying record-break- should defend intellectual property Pharmaceutical companies spend millions of ing profits, millions of people, poor rights. dollars annually for the research and develop- people throughout the world, are dying Now, in the context of AIDS, we ment of pharmaceutical productsÐpatents of AIDS. Meanwhile, the pharma- share that concern. That is why the protect their intellectual property. If those ceutical companies are down in South U.S. Global Strategy on AIDS, released rights can be arbitrarily violated what incentive Africa trying to do away with legisla- in March of 1999, cites health care in- remains to pursue R&D for new and more ef- tion in the courts, trying to do away frastructure problems, including short- fective drugs. with legislation passed by the South age of doctors, clinics and laboratories. It is irresponsible to forbid our State Depart- African government because the South That is our biggest obstacle. That is ment from acting on behalf of companies and African government is trying to get in- what we should be doing with the Vice citizens and that is what this amendment expensive drugs to deal with the epi- President, $100 million more, but not would do. demic of AIDS. violating the intellectual property AIDS CRISIS What this legislation says very clear- rights of our companies. It is important to note that the amendment ly is get the State Department off the IMPACT OF AMENDMENT is not specific to AIDS drugs and as such, backs of South Africa when South Afri- The amendment would restrict the ability of would affect imports of all medicines. ca is operating legally, legally under the Administration to protect the intellectual This amendment is not about the AIDS cri- international law. If the pharma- property rights of American pharmaceutical sis. We do need to address the AIDS crisis in ceutical companies think they are op- companies in foreign countries. The State De- Africa. Last Friday this Chamber passed two erating illegally, if the U.S. State De- partment plays a crucial role in assisting U.S. amendments which recognize the need for the H6030 CONGRESSIONAL RECORD — HOUSE July 21, 1999 public and private sector to expand efforts, in- provide documentary evidence dem- emotional and financial effort, Mikey’s cluding legislation to address the AIDS crisis onstrating that they are the parents or mother was able to get Mikey returned guardian; or home. in Africa. (B) the person executing the application We should address the AIDS crisis by must provide documentary evidence that Mikey’s mother, Barbara, had this to adopting appropriate policies and programs. such person— say about her family’s ordeal: We should not adopt a policy which abrogates (i) has sole custody of the child; I learned through the State Department in property rights and international agreements. (ii) has the consent of the other parent to Washington that my ex-husband had ob- The U.S. Global Strategy on HIV/AIDS, re- the issuance of the passport; or tained a passport and birth certificate for (iii) is in loco parentis and has the consent leased in March 1999, cites health care infra- Mikey within weeks of the divorce. I didn’t of both parents, of a parent with sole custody structure problems, including shortage of doc- think a person could get a passport for their over the child, or of the child’s legal guard- child unless they had legal custody. I was tors, clinics and laboratories, as the biggest ian, to the issuance of the passport. obstacles to the delivery of effective HIV/AIDS (b) EXCEPTIONS.—The regulations required wrong. care. These are issues which we need to con- by subsection (a) may provide for exceptions Mikey’s mother goes on to say that sider. On Monday, Vice President GORE an- in exigent circumstances, such as, those in- this one law needs to be revised to help nounced a $100 million initiative to fight the volving the health or welfare of the child. protect American children. growing AIDS epidemic in Africa, this is the The CHAIRMAN pro tempore. Pursu- Madam Chairman, I am here to say type of action that we need to take and I in- ant to House Resolution 247, the gen- that Mikey’s mom is right. This law tend to advocate for the authorization and ap- tleman from Nevada (Mr. GIBBONS) and needs to be revised. It needs to be propriations of those funds. a Member opposed each will control 5 changed to protect our American chil- I urge Members to vote against the Sanders minutes. dren. We need to make it more difficult amendment and to look for real, meaningful The Chair recognizes the gentleman for would-be parental child abductors solutions to the AIDS crisis. from Nevada (Mr. GIBBONS). to obtain passports for children to pre- Mr. SANDERS. Madam Chairman, I (Mr. GIBBONS asked and was given vent their further goal of taking young yield myself the balance of my time. permission to revise and extend his re- children out of this country. My I would urge the Members to have marks.) the courage to stand up to the pharma- Mr. GIBBONS. Madam Chairman, I amendment is a simple legislative solu- ceutical industry and support this yield myself such time as I may con- tion which will implement a system of amendment cosponsored by the gen- sume. checks and safeguards prior to the tleman from Illinois (Mr. JACKSON), the Simply put, this amendment will issuance of a passport for the first time gentleman from California (Mr. help protect our American children issuance to a child under the age of 14. STARK), the gentleman from California from international parental child ab- We who are parents and grandparents (Mr. ROHRABACHER), the gentlewoman duction. It is an inconceivable but ir- know that we are the ones who are from Georgia (Ms. MCKINNEY), the gen- refutable fact that once a child is looked upon as protectors by our chil- tleman from Ohio (Mr. KUCINICH), the taken from the United States, it is dren. This is a common-sense legisla- gentleman from Alabama (Mr. HILL- nearly impossible to get that child re- tive solution to a devastating and trag- IARD), the gentleman from California turned. ic problem. And this problem is more (Mr. GEORGE MILLER), the gentle- One of the most difficult and frus- common than you would think. Each woman from Illinois (Ms. SCHAKOWSKY) trating experiences for parents of year, more than 1,000 children are ab- and the gentleman from Arkansas (Mr. internationally abducted children is ducted and then taken out of the BERRY). that U.S. laws and court orders are not United States to foreign countries. Let us win this fight. usually recognized in foreign countries Here in the United States where our The CHAIRMAN pro tempore. The and therefore are not entitled or en- missing and abducted children are question is on the amendment offered forceable actions abroad. counted meticulously inside our bor- by the gentleman from Vermont (Mr. Even when criminal charges have ders, it is still hard to track the num- SANDERS). been filed against the abducting parent ber of children who are taken overseas The question was taken; and the in the United States, many foreign na- because only 45 nations have signed a Chairman pro tempore announced that tions will not honor a U.S. request for Hague treaty designed to resolve inter- the ayes appeared to have it. extradition. It is therefore imperative national child custody disputes. Mr. GEJDENSON. Madam Chairman, that any measure we take must be pre- Mikey Kale is one of the fortunate I demand a recorded vote. ventive, for once these children are ones. Most children are not. Regardless The CHAIRMAN pro tempore. Pursu- taken out of the country, they are ant to House Resolution 247, further of the number of cases, whether it is 10 often gone forever. or 10,000, one case of international proceedings on the amendment offered The aim of this amendment is pre- by the gentleman from Vermont (Mr. child abduction is too many, and my vention, prevention of anguish to fami- amendment seeks to prevent that trag- SANDERS) will be postponed. lies, prevention of the violation of pa- It is now in order to consider amend- edy from occurring. rental rights, prevention of inter- ment No. 18 printed in part B of House I ask my colleagues to help me join national child abduction. Report 106–235. in this effort to protect the Mikey These children are often abducted Kales out there. Until more can be AMENDMENT NO. 18 OFFERED BY MR. GIBBONS during or shortly after a contentious Mr. GIBBONS. Madam Chairman, I done, I believe this is the simplest, divorce, sometimes by an abusive par- most cost-effective legislative solution offer an amendment. ent. At a time when these children are The CHAIRMAN pro tempore. The to protect our children’s rights and most vulnerable and most uncertain Clerk will designate the amendment. their lives. I would ask all my col- The text of the amendment is as fol- about their future, they are snatched leagues to join with me. lows: and taken away to a foreign country. Let me tell a story, Madam Chair- Madam Chairman, I reserve the bal- Part B amendment No. 18 offered by Mr. man, of Mikey Kale from my home ance of my time. GIBBONS: The CHAIRMAN pro tempore. Does Page 46, after line 22, insert the following: State of Nevada for whom this amend- any Member seek time in opposition to SEC. 257. ISSUANCE OF PASSPORTS FOR THE ment is named. On Valentine’s Day in FIRST TIME TO CHILDREN UNDER 1993, then 6-year-old Mikey was ab- the amendment? AGE 14. ducted by his biological father and kid- Mr. GILMAN. Madam Chairman, I (a) IN GENERAL.— ask unanimous consent to claim the (1) REGULATIONS.—Not later than 1 year napped to war-torn Croatia. after the date of the enactment of this Act, Mikey’s father and mother were di- time in opposition. the Secretary of State shall issue regula- vorced at this time. His mother had The CHAIRMAN pro tempore. Is tions providing that before a child under the sole legal custody of Mikey. His father there objection to the request of the age of 14 years is issued a passport for the did not. But Mikey’s father was still gentleman from New York? first time, the requirements under paragraph able to get a passport for his son even There was no objection. (2) shall apply under penalty of perjury. though he did not have any legal custo- Mr. GILMAN. Madam Chairman, I (2) REQUIREMENTS.— (A) Both parents, or the child’s legal dial rights. Thankfully, after a number yield myself such time as I may con- guardian, must execute the application and of weeks and months and tremendous sume. July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6031 I appreciate the efforts by the gen- Page 84, after line 16, insert the following agreement, no agreement for cooperation (as tleman from Nevada on this amend- (and make such technical and conforming defined in sec. 11 b. of the Atomic Energy ment and the efforts of the Bureau of changes as may be necessary): Act of 1954 (42 U.S.C. 2014 b.)) between the Consular Affairs at the State Depart- SEC. 703 RESTRICTIONS ON NUCLEAR COOPERA- United States and North Korea may become TION WITH NORTH KOREA. effective, no license may be issued for export ment. We are willing to accept this (a) IN GENERAL.—Notwithstanding any directly or indirectly to North Korea of any amendment. Stopping child abduction other provision of law or any international nuclear material, facilities, components, or is extremely important and the right agreement, no agreement for cooperation (as other goods, services, or technology that thing to do. defined in sec. 11 b. of the Atomic Energy would be subject to such agreement, and no I commend the gentleman for pro- Act of 1954 (42 U.S.C. 2014 b.)) between the approval may be given for the transfer or re- posing this matter. We accept the United States and North Korea may become transfer directly or indirectly to North amendment. effective, no license may be issued for export Korea of any nuclear material, facilities, components, or other goods, services, or Mr. SMITH of New Jersey. Madam Chair- directly or indirectly to North Korea of any nuclear material, facilities, components, or technology that would be subject to such man. I rise to support the amendment of my other goods, services, or technology that agreement, until— colleague from Nevada, Mr. GIBBONS, which would be subject to such agreement, and no (1) the President determines and reports to adds safeguards to the issuance of first-time approval may be given for the transfer or re- the Committee on International Relations of passports to children. By requiring the consent transfer directly or indirectly to North the House of Representatives and the Com- of both parents, or proof that the person exe- Korea of any nuclear material, facilities, mittee on Foreign Relations of the Senate cuting the application has legal custody of the components, or other goods, services, or that— child, it will be an important weapon in the technology that would be subject to such (A) North Korea has come into full compli- agreement, until— ance with its safeguards agreement with the fight against international child abduction by (1) the President determines and reports to IAEA (INFCIRC/403), and has taken all steps noncustodial parents. the Committee on International Relations of that have been deemed necessary by the The problem is very real. In numerous the House of Representatives and the Com- IAEA in this regard; cases, estranged parents who are foreign resi- mittee on Foreign Relations of the Senate (B) North Korea has permitted the IAEA dents have abducted their children to foreign that— full access to all additional sites and all in- countries, flagrantly violating the orders of (A) North Korea has come into full compli- formation (including historical records) courts in the United States. The problem is se- ance with its safeguards agreement with the deemed necessary by the IAEA to verify the rious enough that the United States has be- IAEA (INFCIRC/403) and has taken all steps accuracy and completeness of North Korea’s that have been deemed necessary by the initial report of May 4, 1992, to the IAEA on come a party to the Hague Convention on the IAEA in this regard; all nuclear sites and material in North Civil Aspects of International Child Abduction. (B) North Korea has permitted the IAEA Korea; That Convention establishes an international full access to all additional sites and all in- (C) North Korea is in full compliance with standard according to which children abducted formation (including historical records) its obligations under the Agreed Framework; to foreign countries will be returned to the deemed necessary by the IAEA to verify the (D) North Korea is in full compliance with country of their habitual residence. accuracy and completeness of North Korea’s its obligations under the Joint Declaration Unfortunately, the problem persists, even initial report of May 4, 1992, to the IAEA on on Denuclearization; all nuclear sites and material in North under the Convention. there are continuing, (E) North Korea does not have the capa- Korea; bility to enrich uranium, and is not seeking credible allegations that some countries have (C) North Korea is in full compliance with to acquire or develop such capability, or any become havens for child abductors, and ig- its obligations under the Agreed Framework; additional capability to reprocess spent nu- nore return orders issued pursuant to the (D) North Korea is in full compliance with clear fuel; Hague Convention. For that reason, Section its obligations under the Joint Declaration (F) North Korea has terminated its nuclear 203 of the underlying bill extends and expands on Denuclearization; weapons program, including all efforts to ac- (E) North Korea does not have the capa- quire, develop, test, produce, or deploy such the State Department's annual reporting on bility to enrich uranium, and is not seeking the compliance of signatories to the Conven- weapons; and to acquire or develop such capability, or any (G) the transfer to North Korea of key nu- tion. additional capability to reprocess spent nu- clear components, under the proposed agree- The Gibbons amendment is an additional clear fuel; ment for cooperation with North Korea and (F) North Korea has terminated its nuclear safeguard that will help ensure that children in accordance with the Agreed Framework, weapons program, including all efforts to ac- are not wrongfully removed from the United is in the national interest of the United quire, develop, test, produce, or deploy such States in the first place. I hope it receives States; and weapons; and (2) there is enacted a joint resolution stat- wide support from my colleagues on both (G) the transfer to North Korea of key nu- ing in substance that the Congress concurs sides of the aisle. clear components, under the proposed agree- in the determination and report of the Presi- Mr. GILMAN. Madam Chairman, I ment for cooperation with North Korea and dent submitted pursuant to paragraph (1). yield back the balance of my time. in accordance with the Agreed Framework, (b) CONSTRUCTION.—The restrictions con- Mr. GIBBONS. Madam Chairman, I is in the national interest of the United tained in subsection (a) shall apply in addi- yield back the balance of my time. States; and tion to all other applicable procedures, re- The CHAIRMAN pro tempore. The (2) there is enacted a joint resolution stat- quirements, and restrictions contained in question is on the amendment offered ing in substance that the Congress concurs the Atomic Energy Act of 1954 and other by the gentleman from Nevada (Mr. in the determination and report of the Presi- laws. dent submitted pursuant to paragraph (1). (c) DEFINITIONS.—In this section: GIBBONS). ONSTRUCTION (b) C .—The restrictions con- (1) AGREED FRAMEWORK.—The term The question was taken; and the tained in subsection (a) shall apply in addi- Chairman pro tempore announced that ‘‘Agreed Framework’’ means the ‘‘Agreed tion to all other applicable procedures, re- Framework Between the United States of the ayes appeared to have it. quirements, and restrictions contained in America and the Democratic People’s Repub- Mr. GEJDENSON. Madam Chairman, the Atomic Energy Act of 1954 and other lic of Korea’’, signed in Geneva on October I demand a recorded vote. laws. 21, 1994, and the Confidential Minute to that The CHAIRMAN pro tempore. Pursu- AMENDMENT NO. 22, AS MODIFIED, OFFERED BY Agreement. ant to House Resolution 247, further MR. GILMAN (2) IAEA.—The term ‘‘IAEA’’ means the proceedings on the amendment offered Mr. GILMAN. Madam Chairman, I International Atomic Energy Agency. by the gentleman from Nevada (Mr. ask unanimous consent that my (3) NORTH KOREA.—The term ‘‘North Korea’’ means the Democratic People’s Re- GIBBONS) will be postponed. amendment be modified with the modi- It is now in order to consider amend- fication that I have placed at the desk. public of Korea. The CHAIRMAN pro tempore. The (4) JOINT DECLARATION ON DENUCLEARIZA- ment No. 22 printed in part B of House TION.—The term ‘‘Joint Declaration on Report 106–235. Clerk will report the modification. Denuclearization’’ means the Joint Declara- AMENDMENT NO. 22 OFFERED BY MR. GILMAN The Clerk read as follows: tion on the Denuclearization of the Korean Mr. GILMAN. Madam Chairman, I Part B amendment No. 22, as modified, of- Peninsula, signed by the Republic of Korea offer an amendment. fered by Mr. GILMAN: and the Democratic People’s Republic of The CHAIRMAN pro tempore. The Page 84, after line 16, insert the following Korea on January 1, 1992. (and make such technical and conforming Mr. GILMAN (during the reading). Clerk will designate the amendment. changes as may be necessary): The text of the amendment is as fol- Madam Chairman, I ask unanimous SEC. 703. RESTRICTIONS ON NUCLEAR COOPERA- lows: TION WITH NORTH KOREA. consent that the amendment, as modi- Part B amendment No. 22 offered by Mr. (a) IN GENERAL.—Notwithstanding any fied, be considered as read and printed GILMAN: other provision of law or any international in the RECORD. H6032 CONGRESSIONAL RECORD — HOUSE July 21, 1999 The CHAIRMAN pro tempore. Is the event such an international consor- agreed framework, but anyone who there objection to the request of the tium failed to do its part. states that must believe that North gentleman from New York? The critical stage for implementa- Korea is not going to live up to its obli- There was no objection. tion of the agreed framework will come gations under the agreed framework. The CHAIRMAN pro tempore. With- a few years down the road when a sig- Either that or they do not believe that out objection, the modification is nificant portion of the nuclear reactor the Congress can be expected to use its agreed to. project has been completed. At this good judgment in evaluating a certifi- There was no objection. point, North Korea is required under cation that they have lived up to those The CHAIRMAN pro tempore. Pursu- the agreed framework to satisfy the obligations. ant to House Resolution 247, the gen- International Atomic Energy Agency, The bottom line here, Madam Chair- tleman from New York (Mr. GILMAN) the IAEA, that it has fully accounted man, is that Congress should not abdi- and the gentleman from Connecticut for the history of its nuclear program. cate to the Executive Branch all of our (Mr. GEJDENSON) each will control 30 Essentially what this amendment responsibility for judging whether minutes. does is to require North Korea to meet North Korea is actually living up to its The Chair recognizes the gentleman all of its obligations under the agreed obligations. from New York (Mr. GILMAN). framework including satisfying the For those reasons, Madam Chairman, IAEA before the key components of the I urge our colleagues to support the b 1115 two nuclear reactors can be delivered. Gilman-Markey amendment. Mr. GILMAN. Madam Chairman, I We are not trying to re-write the Madam Chairman, I reserve the bal- yield myself such time as I may con- agreed framework, we are not trying to ance of my time. sume. impose any new obligations on North Mr. GEJDENSON. Madam Chairman, (Mr. GILMAN asked and was given Korea. All that this amendment states I yield such time as he may consume to permission to revise and extend his re- is they have to live up to the obliga- the gentleman from Pennsylvania (Mr. marks.) tions they accepted before they receive MURTHA). Mr. GILMAN. Madam Chairman, I the $5 billion worth of nuclear power Mr. MURTHA. Madam Chairman, I am pleased to be joined today in offer- plants from our Nation and our allies. appreciate what the gentleman from ing this amendment by the distin- Now why is it necessary to revise New York (Mr. GILMAN) and the gen- guished gentleman from Massachusetts U.S. law to make it clear that the tleman from Massachusetts (Mr. MAR- (Mr. MARKEY) who has been a pre- North Koreans should be living up to KEY) are trying to do. I understand the eminent leader in this body in our fight their end of the bargain if they want us thrust of their amendment. I remember against proliferation of nuclear weap- to live up to our end of the bargain? 5 years ago Dr. Perry was Secretary of ons and other weapons of mass destruc- Their answer is that the North Koreans Defense. He asked me to go to Korea tion. I know that we were on the right seem to be operating under the mis- because the crisis was to the point track when this amendment was agreed apprehension that at the end of the day where he now in retrospect calls it the to by Mr. MARKEY in his cosponsoring the agreed framework is more impor- greatest crisis in his tenure as Sec- this measure. tant to us than it is to them and that retary of Defense. He felt we were on Our amendment deals with North our Nation is going to let them get the verge of nuclear war. I went to Korea with a number of Korea. There is a debate among experts away with less than full compliance members of the Subcommittee on De- about the definition of a rogue regime, with their obligations. This seems to fense. We looked at our defenses. We but so far as I know, everyone agrees be the only explanation for some of felt they were inadequate. We came that North Korea meets that defini- their actions. They have not been co- back and made a number of rec- tion. It is a Nation that has remained operating very well with the IAEA. ommendations to the administration. in a state of war with our Nation for They have been withholding key oper- We think these recommendations some 49 years. North Korea has been ating records of their nuclear reactor played a part in diffusing this very, listed by the State Department as a for the IAEA. Their relations with the very delicate situation between North state sponsor of terrorism. If the State IAEA could hardly be worse. Then there have been many news sto- and South Korea. General Luck was Department had an official list of state ries about the North Koreans cheating very vigorous in his concern about the sponsors of drug trafficking today, on the agreed framework. Most of possibility of the North Koreans com- they would probably be on that list as those reports are sourced to U.S. intel- ing south. well. And they are probably the leading ligence reports, so obviously I do not Now I think all of us appreciate the proliferator in the world today. want to discuss that issue in detail difficulty for an administration when Our amendment deals with the so- during today’s debate. But allow me it is negotiating with any foreign coun- called agreed framework which is a 1994 merely to point out that until last try to be completely frank and public agreement between our Nation and year, the administration repeatedly in- about what is going on. North Korea North Korea designed to induce the formed us in testimony and in public being completely ruled by a dictator, North Koreans to end their nuclear statements that the agreed framework being one of the most unstable coun- weapons program. The bargain con- has ended North Korea’s nuclear pro- tries in the world, and yet they have tained in the agreed framework is very gram. Beginning about this time last responded to our overtures. From ev- simple. In exchange for some very year, they stopped making those state- erything I can tell, this crisis has been large benefits from our Nation, the ments. Now what they tell us, that the diffused. North Koreans promised to freeze or agreed framework has ended North Ko- Now Dr. Perry, as all of us know, is shut down their existing nuclear pro- rea’s nuclear program at Yongbyon heading up a research or a committee gram and eventually to stop violating which is the location of the nuclear fa- that is trying to resolve these difficul- the nuclear nonproliferation treaty, cilities they publicly acknowledge ties between North Korea and South the NPT. under the NPT. Korea. They are trying to make sure The principle benefit that we have to Obviously there seems to be a world there is no nonproliferation. He tells give them is two advanced light water of difference between saying they have me in a phone call that I received just nuclear reactors worth about $5 billion. ended their nuclear program period and the other day that this would undercut Until the first of these reactors is com- saying that they have ended it at one his effort to secure an agreement to pleted, we are obliged to give them location in their country. But that is continue the progress that they have about $50 million worth of heavy fuel all that the administration is now stat- made. oil each and every year. Technically, ing, and I invite our colleagues to care- I got a call from Dr. Hamre today, we promised to organize an inter- fully review the administration’s state- Undersecretary of Defense. He contends national consortium to deliver these ments and reflect on the implications the same thing, that this amendment things to the North Koreans; but as of what the administration is no longer would be harmful for the progress that part of the deal, President Clinton stating to us. they have made. signed a letter obligating our Nation to Now I know that some will claim I understand the nuances of what the deliver these things to North Korea in that our amendment could kill the gentleman from New York has said, I July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6033 understand what he is saying about the differentiate North Korea from other This amendment does not raise the administration not saying the same areas of the world where progress is de- bar set by the agreement with North thing they were saying before. I do not finable, where progress is being made. Korea, but just ensures that it stays in know why they have said that. In the Let us suppose a country spent dec- place. This amendment also would re- intelligence that I have read, intel- ades and vast amounts of money to de- quire the active consent of Congress ligence reports, the threat is no longer velop nuclear weapons while its people before the U.S. ships nuclear tech- as severe as it was 5 years ago. It is starved. Let us suppose that it signed a nology to North Korea. substantially less, and it is less be- series of international agreements and Too often the executive branch deci- cause this administration, working then broke them and that it threatened sions on nuclear exports have been with the Congress, has made North our allies. Let us suppose that while heavily influenced by commercial or Korea believe that they would pay a signing and breaking nuclear agree- extraneous diplomatic issues. Under heavy price if they were to invade ments it went on developing ballistic current law, nuclear cooperation agree- South Korea. One of our most impor- missiles that could reach U.S. territory ments must be submitted to Congress, tant allies in the world today is Korea. and went on transferring missile tech- but they automatically take effect un- I enlisted in the Marine Corps in 1952 nology to other countries. less both parties pass a joint resolution at the height of the Korean War. We b 1130 within 90 days. Congress has never have had troops deployed there since voted to disapprove a nuclear coopera- that time, since the end of the Korean Would we agree to provide that coun- tion agreement. Indeed, most of the war. try with nuclear materials and tech- time Congress has never even cast a There is no question about our obli- nology? Surprisingly, the answer is vote before the clock runs out. gation to South Korea and the fact yes. Recently, the administration brought that we are trying to prevent any inva- North Korea has signed a nuclear into effect an agreement allowing nu- sion by North Korea, but there is also nonproliferation treaty and then re- clear exports to China, despite evi- no question about our obligation to fused to carry out its treaty obliga- dence of continued covert Chinese nu- stop proliferation by North Korea. Dr. tions and threatened to withdraw from clear assistance to Pakistan and Iran. Perry tells me they are making the agreement. It has signed an agree- Despite efforts of opponents of this progress, and he feels that this amend- ment with South Korea not to develop agreement to block it, supporters were ment would not be helpful to man. I do nuclear weapons or reprocessing and able to run out the congressional not know that the administration then continued to make plutonium. clock. would veto the bill. I know this is a It has signed a safeguards accord We think that Congress should ac- long ways off, but I think it would with the International Atomic Energy tively consider the wisdom of giving cause them great concern, and cer- Agency and then blocked the IAEA in- nuclear technology to North Korea, not tainly it is something that all of us spections of its facilities. And, after simply allow an agreement to slip by. have to think about. agreeing not to develop nuclear weap- We should have a vote in this body and So I would request and suggest ons, North Korea has ramped up its in the Senate before we send sensitive strongly that the Members vote ballistic missile program. It is ex- nuclear technology to North Korea; against this. It sounds good on the pected soon to test a missile that and before we vote, we should assure face, it sounds like we are doing some- might be able to reach the West Coast ourselves that North Korea is meeting thing that is marvelous, it sounds like of the United States. These missiles the requirements of its agreements we are stopping proliferation. But one have only one purpose: to be able to de- with the United States, and of the thing I found over the years, passing an liver nuclear weapons. And, North United States nonproliferation laws. amendment like this in the Congress of Korea is spreading this technology It would certainly be better to have the United States does not always do around. foreign light-water nuclear reactors what we think it is going to do. Some- In the last few weeks, 177 crates of producing electricity in North Korea times it backfires, sometimes it has equipment for making missiles were than indigenous graphite reactors that the opposite impact, and I think in this intercepted on route from North Korea produce more weapons material and particular case, this amendment, al- to Pakistan. Yet, in 1994, the United are not even hooked up to the elec- though everything sounds good, the States signed an agreement with North tricity grid. But it makes absolutely thrust of the amendment sounds good, Korea to provide them advanced nu- no sense to provide North Korea with it could have the opposite impact clear technology and to assist them in any nuclear technologies if they will about what we hope. the building of two nuclear power use our assistance to make nuclear So I would hope that the Gilman- plants. weapons, or if they accept the assist- Markey amendment is defeated and This action was intended to provide ance and then proceed to thumb their that we send a message to Dr. Perry incentives to North Korea to abandon noses at international nonproliferation that we support him in trying to stop their nuclear weapons program. But norms. proliferation of nuclear weapons. what if they again do not live up to We should not help a country get Mr. GILMAN. Madam Chairman, I their commitments? What do we do weapons that could explode in our face. yield 6 minutes to the gentleman from then? We should send a strong message to Massachusetts (Mr. MARKEY), the Madam Chairman, this bipartisan North Korea that we will not provide former chairman of the Committee on amendment has a simple premise. The nuclear assistance unless they live up Commerce’s Subcommittee on Energy United States should not help North to their commitments to end their nu- and Power. Korea to develop nuclear weapons. We clear weapons program. Mr. MARKEY. Madam Chairman, I should assist North Korea in obtaining Madam Chairman, I urge a strong thank the gentleman from New York nuclear power plants only if they actu- ‘‘aye’’ vote for the Gilman-Markey for yielding this time to me, and I rise ally implement their side of the bar- amendment to limit the spread of nu- obviously with great respect for the gain. clear materials on this planet. gentleman from Connecticut (Mr. Specifically, they must give the Mr. GEJDENSON. Madam Chairman, GEJDENSON) and the gentleman from International Atomic Energy Agency I yield such time as he may consume to Pennsylvania (Mr. MURTHA) and obvi- full on-site access to verify that they the gentleman from New York (Mr. ously with some ambivalence since I are not using nuclear plants to assist a ACKERMAN). am opposing their position and the po- nuclear weapons program, as they Mr. ACKERMAN. Madam Chairman, sition of an administration that is agreed to do in 1992. I rise in opposition to the amendment, headed by a party of which I am a Second, they must comply with nu- and I do so reluctantly only because of member. So this is not an easy issue, clear treaties they have signed with the great respect that I have for the and without question this administra- South Korea in 1991 and with the sponsors of the amendment, both the tion has done much good work on the United States in 1994. And finally, they gentleman from New York (Mr. GIL- subject of nonproliferation, but here I must end their nuclear weapons pro- MAN) and the gentleman from Massa- think it is important for us to clearly gram. chusetts (Mr. MARKEY). H6034 CONGRESSIONAL RECORD — HOUSE July 21, 1999 Let me start for a moment at the be- by our friends in Japan and South Madam Chairman, I ask my col- ginning, if I may, to just give the Korea, in which they said, those other leagues to seriously consider whether framework of what this is really all countries said, we will put up the bil- the world is more secure if North Korea about. North Korea is a rather isolated lions of dollars to build the reactor. has nuclear weapons. I think not, country, probably the most isolated The North Koreans want the prestige Madam Chairman; and therefore, I urge country on the planet Earth. It is a of U.S. leadership and participation, all of my colleagues in the House to op- country that the very few of us who and the U.S. at that time agreed that pose this amendment. have been there have come to realize is we would supply them with the money Mr. GILMAN. Madam Chairman, I almost like a country in a bubble. They for oil and other alternative sources of yield 4 minutes to the gentleman from are absolutely paranoid. energy other than nuclear while they New Jersey (Mr. SMITH), the distin- Madam Chairman, 99.9 percent of the closed down one reactor system and guished chairman of our Subcommittee people have never been outside of their substituted it for another. That is good on International Operations and country, including the leadership of common sense. This is a very small in- Human Rights of our Committee on the country. The people have no idea vestment on our part financially, and International Relations. what is going on in the real world, and especially compared to the huge com- Mr. SMITH of New Jersey. Madam they have all been indoctrinated and mitment being made by our other Chairman, let me just make a couple of brainwashed into believing that the en- international partners in what is points. First of all, let me respond tire world is lined up against them and known as KEDO. We have been working briefly to my friend from New York on the United States and South Korea at on that. one of the points that he raised. He any moment about to invade their What this amendment would do is talked about the visit to Kamchang-Ri country and usurp their way of life. this amendment would take away our by inspectors and they found nothing It is very difficult to deal and to ne- ability to participate in the project in that hole. Well, we had a hearing, gotiate with the North Koreans who that switches the heavy- to the light- and the gentleman, I am sure, remem- have very, very little experience in the water reactors. bers when Ambassador Lilley, our Madam Chairman, if the goal today field of dealing with the outside world, former ambassador to the People’s Re- let alone the ability to negotiate the is to see North Korea resume its nu- public of China, came and testified and way most societies can. clear weapons program, using their said, as matter of factly as he possibly There came a time, Madam Chair- heavy-water reactors, then we should could have, that we are not going to man, when we and others were very vote for the amendment with the gen- find anything. They have had about a fearful of the very fact that North tleman from New York, because that is year to clean it out; there are other Korea had nuclear capability; that it the likely outcome of adopting that had nuclear reactors; that it was pro- amendment. By unilaterally adding caves and caverns and holes where they ducing nuclear energy; that these were new criteria to this agreed framework, could put this material. heavy-water nuclear reactors; and that the amendment sets out conditions So this is a Potemkin village, if ever these reactors were producing weapons- that the President cannot possibly cer- there was one, to have a grade plutonium that could be used in tify. It guarantees failure. The amend- preannouncement that yes, we are weapons of mass destruction. ment requires the President to certify going to come here. We had to buy our At around that time, Madam Chair- North Korean intentions instead of ac- way to get into that site to begin with, man, discussions were held with Kim Il tions. and wonder of wonders, as predicted, as Sung, the then leader of North Korea, Who in their right mind would cer- Ambassador Lilley pointed out so in which he and others within his gov- tify anybody else’s intentions, let clearly, we know we are not going to ernment were persuaded that it would alone the intentions of North Korea? It find anything. be in their best interests if they were is their actions that we should be ask- b 1145 allowed because of their financial need ing the President to certify. So I think it is very, very disingen- and because of their great desire to get In addition, the amendment requires uous to raise that somehow North assistance, to be able to do away with the President to certify North Korean Korea is complying. We were told in their very dangerous heavy-water reac- adherence to the joint declaration on advance by the former ambassador to tors and exchange those heavy-water denuclearization, an agreement that the People’s Republic of China, Ambas- reactors for light-water reactors. the U.S. is not even a party to. The The difference between those two adoption of this amendment will tell sador Lilley, that we were not going to kinds of reactors, Madam Chair, is that our allies in Seoul and Tokyo that we find anything. And wonder of wonders, the light-water reactors make it very are not prepared to follow through on we did not find anything. They had difficult, if not impossible, to produce our commitments. It will also confirm, plenty of time to move it to one of nuclear weapons-grade materiel. The unfortunately, the worst distorted sus- their other sites, and there are perhaps world would be much safer if they had picions of the North Koreans who al- 11 other sites that have not been light-water reactors rather than the ready believe that we never intended to checked out where they could have heavy-water reactors which were, in- uphold our portion of the agreement. done so. deed, already producing this fissionable Madam Chairman, the underlying as- So, again, that is why I think the material. sumptions of this amendment is that language in here where we talk about The North Koreans entered into an the administration has not been tough the IAEA, full access to all additional agreement only on certain terms. They with North Korea in demanding that sites and all information, including said, if we turn off our heavy-water re- they adhere to the agreed framework. historical records deemed necessary by actors in order to substitute light- In fact, as the inspection of the sus- the IAEA to verify accuracy and com- water reactors during the interregnum, pected site at Kamchang-Ri indicated, pleteness and so on, that is the kind of we will have no power for our poor where everybody thought they were re- unfettered access that is needed. Other- country, after making tremendous in- building their original nuclear facili- wise we engage in a diplomatic fiction. vestment in the heavy-water reactors, ties and which proved to be a vast, We buy into a potential big lie of which albeit for reasons of energy as well as empty, cavernous system of caves, we this regime in North Korea is certainly producing weapons of mass destruc- found that the administration is hold- highly capable. tion. So they had a mixed reason. ing North Korea to its commitments. Let me just say, Madam Chairman, I But they were willing at that time The purpose of the agreed framework do rise in strong support of the Gil- and signed an agreement that said they was to freeze the North Korean nuclear man-Markey amendment. were willing to swap. But what happens program and it has done so. That is an The CIA recently reported that, and I to us, they asked realistically, in the inconvenient fact for my friends on the quote, ‘‘North Korea has no constraints meantime, when we have no power to other side of this issue; but nonethe- on its sales of ballistic missiles and re- run our plants and to meet the energy less, it is the fact. The fastest way to lated technology,’’ close quote. needs of our country? unfreeze that program is to abandon As we know, that is alarming; but it We led an international consortium the agreed framework as this amend- is not surprising. In 1992, the IAEA con- that was put together, mainly funded ment would do. cluded that Pyongyang had violated July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6035 the nuclear nonproliferation treaty that we had. We did have that discus- ments in this amendment, there should that it signed in 1985. Furthermore, the sion and his recollection of it is cor- be no problem. This amendment is not North Korean government has avoided rect, but also if the gentleman recalls, meant to renegotiate the agreed frame- cooperating with monitoring efforts by that cave and the discovery thereof work but to ensure that it is imple- the International Atomic Energy Agen- was hyped to the highest degree I have mented, to ensure that we help build cy as required by its subsequent 1994 ever seen around here, with accusa- nuclear power plants in North Korea agreement with the United States. tions that this is where the new nu- only if North Korea keeps to its com- Thus, until Pyongyang reverses its clear activity was taking place in mitments to end its nuclear arms pro- practices and abides by the nuclear North Korea. We insisted, and right- gram. nonproliferation treaty, any country fully so, that the IAEA gain admission. I have a great deal of concern, as the that sends nuclear reactors and tech- It was hyped, I think, more than was gentleman from New York (Mr. ACKER- nology to North Korea should assume hyped Geraldo’s insistence that he was MAN) and others have spoke, that we that it is exporting these most dan- going to find great evidence when they not exclude North Korea from the gerous technologies to other dangerous opened Al Capone’s safe. world community; but as we seek to regimes around the world. When, indeed, the IAEA was allowed embrace them, we need to share with Madam Chairman, the government of in, they found several things. First, them our principles about truth and North Korea has egregiously violated they found the cavernous structure was about verification. the human rights of countless of its certainly one that could not permit the Support the amendment. own citizens, and I know that Members kind of reactor to be built there. Mr. GEJDENSON. Madam Chairman, are aware of that. They may not be Scientific tests by the IAEA revealed I yield myself such time as I may con- aware that food is being used, regret- two things, that there was no evidence sume. tably, as a weapon, against some of that anything of which we are talking Madam Chairman, I think there is their own people. about had ever been put there, let not a general disagreement on our There are children—estimated to be alone removed. There was no evidence goals here. As a matter of fact, the somewhere on the order of 500,000 of a nuclear reactor being taken out gentleman from Ohio (Mr. KUCINICH) kids—arrested, often incarcerated, be- and nor was there any evidence that Al actually restates the existing policy. cause they are poor. Capone had ever visited there. We do have to check their books. The We have these children who are just Mr. GILMAN. Madam Chairman, I administration’s agreement is to cer- being arrested. The government is so yield 30 seconds to the gentleman from tify that there is no enriched uranium contemptuous of its own people that New Jersey (Mr. SMITH). there, that they are not seeking to get Mr. SMITH of New Jersey. Madam these kids are dying; and when they es- additional uranium there. Chairman, just to respond again, it is a cape, sometimes they even escape to The problem with the proposed legis- very unuseful fiction. The diplomatic China to try to get a meal, they are lation is that if only a handful of fiction sometimes has a place. I do not brought back and arrested. The inter- United States senators, more so than like it. I like absolute honesty, trans- national community has no access to the House, decide they do not like parency, everything on the table when them, and that includes UNICEF, something about the agreement, they dealing with something. which has tried. That is why Ambassador Lilley’s tes- can stop it with a filibuster. What troubles me about the proposal So that is the kind of government we timony was so compelling. He said, you are dealing with. I just put that in as a are going to go to Kamchang-Ri and before us is that it mandates that both parenthetical because I think it gives a you are not going to see anything. Houses of Congress take an affirmative backdrop to what we are talking about They have had sufficient time to move action once the administration has here. everything out. made these certifications. Let me just say also, Madam Chair- For the gentleman from New York Well, the problem, of course, with man, before we have any U.S. exports (Mr. ACKERMAN), my good friend, to that, is that the Congress may not be of nuclear reactors, technology and the raise it as an example of some kind of in session; there may be a political like to North Korea, we believe—I be- compliance, I think misleads, however squabble in the Senate that has noth- lieve and the chairman believes and unintentionally he is doing that. ing to do with North Korea but may en- the gentleman from Massachusetts Mr. GILMAN. Madam Chairman, I gender the actions of senators, as we (Mr. MARKEY) believes—the President yield 2 minutes to the distinguished watch them hold up nominees because should be required to certify that gentleman from Ohio (Mr. KUCINICH). of unrelated issues, decide they are North Korea is fully complying with its Mr. KUCINICH. Madam Chairman, in going to hold up the agreement. obligations under NPT. brief response to my colleague from Now, the fundamental question is, The Congress must shoulder its re- New York, who invoked the name of Al are we better off today than we were sponsibility to ensure that the North Capone and Geraldo Rivera’s opening of before the agreement? Korean government has kept its agree- the safe, I think it is fair to say that Al I do not think there is anybody in ment not to develop or to export nu- Capone was never said to have been in- this Chamber who thinks it would have clear technology and weapons. When volved in the manufacture of nuclear been preferable to have the North Ko- dealing with a country whose record on weapons and that Al Capone was even- reans continue the development of so many issues has been so poor as tually put away when someone checked their own unhindered nuclear program North Korea’s and with such weighty his books. with heavy water reactors. issues as nuclear technology transfers, What we are saying here is, we ought Dr. Perry, who has the broadest sup- we have a responsibility to do no less. to check their books in North Korea. If port in this Chamber, says the present Mr. GEJDENSON. Madam Chairman, we verify, then maybe the world can be approach is right. There is agreement I would inquire as to how much time a peaceful place. that none of us have any fondness for each side has remaining. Now, in the agreed framework, North the policies or the actions of the North The CHAIRMAN pro tempore (Mrs. Korea agreed to take steps to imple- Korean government. EMERSON). The gentleman from Con- ment, and that is, quote, the To stand here today and say that we necticut (Mr. GEJDENSON) has 17 min- denuclearization agreement, and are offended by the starvation and the utes remaining and the gentleman agreed to, quote, remain a party to, un- horrors committed to their own people from New York (Mr. GILMAN) has 12 quote, and, quote, allow implementa- by the North Koreans, there is not an minutes. tion of its safeguards agreement, un- argument over that. The argument on Mr. GEJDENSON. Madam Chairman, quote, under the nonproliferation trea- this amendment is should the Congress I yield 2 minutes to the gentleman ty, and agreed to allow the IAEA in- create a process that allows a handful from New York (Mr. ACKERMAN). spections and account for any current of senators to bottle up this agreement Mr. ACKERMAN. Madam Chairman, plutonium stockpile before nuclear that has been so critical for reducing the gentleman from New Jersey (Mr. plant components are delivered. tensions on the Korean peninsula? The SMITH) is correct in his recollection Now, if North Korea follows through question is, what happens to South that we all remember the discussion on these promises, meeting the require- Korea in this process? What happens to H6036 CONGRESSIONAL RECORD — HOUSE July 21, 1999 the agreement that we have that has, ergy Agency, or the IAEA, but to date, evaluate U.S. policy towards North for the first time, gotten real inspec- to date, North Korea has denied the Korea. That man, former Secretary of tions in North Korea? IAEA the access it needs to make this Defense, William Perry, has painstak- Prior to this agreement, there were assessment. ingly consulted with all of us who have not a handful of Americans or foreign Madam Chairman, before the United expressed an interest in this issue. He nationals who had been to North States provides sensitive nuclear tech- has conferred at length with our allies Korea. As a result of this agreement, nology to the North Koreans, we must in Japan and South Korea. He has met we have begun that process. ensure that Pyongyang is holding up with officials in China and North We have more contact with the North its end of the bargain. To do anything Korea. Dr. Perry brings to this work an Koreans today than we had in the pre- less would undermine the credibility of unparalleled understanding of the mili- vious decade. Now, should we have the agreed framework and endanger tary risks that a policy failure may more? Should we have a new govern- our national security and that of our bring, and he works without the con- ment in North Korea? Everybody allies in Asia. straints of bureaucracy and career con- agrees with that. b 1200 cerns. The question is whether or not the Dr. Perry’s work is nearing comple- Congress ought to set into law a proc- I urge my colleagues to support the tion. No matter what the House of Rep- ess that will undermine the credibility Gilman-Markey amendment. This com- resentatives thinks of the Agreed we have with the South Koreans and mon sense proposal prohibits key com- Framework, no matter what we think that will allow a handful of United ponents of the two nuclear reactors in of the peace of the IAEA inspections, States senators to stop, for whatever question from being transferred to the no matter what we think of North Ko- reasons they may choose, the approval North Koreans until the following two rea’s policies, now is not the time to of the certification that the President things happen: number one, the Presi- undercut Mr. Perry or our national se- has confidence that they do not have dent certifies to Congress that North curity team. the enriched uranium they need to Korea has fully satisfied the IAEA that Nor is this the time to betray our al- make nuclear weapons. it is in compliance with the Nuclear lies. Japan and South Korea, who face Now, it seems to me that it is irre- Non-Proliferation Treaty; and, number a direct threat if North Korea’s nuclear sponsible of us to move forward with two, Congress passes a resolution that program is not frozen, do not just sup- legislation that will undermine what it agrees with the President’s certifi- port the Agreed Framework in words, has been a stabilizing factor on the Ko- cation. they also are bearing the entire $4 bil- rean peninsula. Madam Chairman, when it comes to lion to $5 billion burden for con- Madam Chairman, I reserve the bal- North Korea, we should verify before structing the light-water reactors that ance of my time. we trust. Instead of providing another it promises North Korea if it freezes its ANNOUNCEMENT BY THE CHAIRMAN PRO carrot to this rogue nation, the United nuclear weapons programs. Officials in TEMPORE States must insist that the require- both countries have expressed their The CHAIRMAN pro tempore. The ments of the Agreed Framework are concern to me and administration offi- Chair would remind Members not to met. cials about Congressional meddling in characterize the actions of the Senate. I urge the strongest support for the U.S. relations with North Korea. Mr. GILMAN. Madam Chairman, I Gilman-Markey amendment. I believe we owe the safety and the yield 3 minutes to the gentleman from Mr. GEJDENSON. Madam Chairman, wishes of the 175 million people who Michigan (Mr. KNOLLENBERG), the dis- it is my privilege to yield 31⁄2 minutes live in these democratic nations some tinguished Member of the Sub- to the gentleman from Ohio (Mr. consideration. This amendment serves committee on Foreign Operations, Ex- HALL). neither our national interest nor those port Financing and Related Programs. (Mr. HALL of Ohio asked and was of our allies, and we should reject it. Mr. KNOLLENBERG. Madam Chair- given permission to revise and extend In the months and years ahead, Con- man, I thank the gentleman from New his remarks.) gress will have many opportunities to York (Mr. GILMAN) for yielding me this Mr. HALL of Ohio. Madam Chairman, ensure the goals of the Gilman-Markey time. I thank the gentleman from Con- amendment are met. Consideration of Madam Chairman, I rise in strong necticut (Mr. GEJDENSON) for yielding this amendment today is premature. support of the Gilman-Markey amend- me the time. Voting for it might make us feel good, ment. I would like to thank the gen- Mr. Chairman, I rise in opposition to but it is likely to do real damage to the tleman from New York (Mr. GILMAN) the Gilman-Markey amendment. serious efforts under way to ease the and the gentleman from Massachusetts Madam Speaker, like almost every- threat that North Korea still poses. (Mr. MARKEY) for their inspiration and thing else having to do with North Our vote today and our rhetoric dur- leadership on this very important Korea, this amendment appears decep- ing this debate hinder the real progress issue. tively simple. In reality, the issues it the United States is making in north- North Korea presents numerous risks raises are extremely complex. On its east Asia. I urge my colleagues to act to our national security and to the sta- face, it makes sense to hold North responsibly by voting against this bility of East Asia. The dangerous re- Korea to its obligations under the 1994 amendment. gime in Pyongyang contributes to the agreement that it signed with the Mr. Chairman, I rise today in opposition to proliferation of weapons of mass de- United States. But when we scratch the Gilman-Markey amendment to H.R. 2415, struction and missile technology, en- the surface, it is clear that this amend- and ask that my full statement be inserted at gages in drug trafficking, and sponsors ment will not do that, and that in fact the appropriate place in the RECORD. terrorist activities throughout the it may do just the opposite. Mr. Chairman, like almost everything else international community. This amendment insists that North having to do with North Korea, this amend- Given this rogue nation’s hostility to Korea keep the bargain it made in the ment appears deceptively simple. In reality, American values over the last 50 years, 1994 Agreed Framework years before the issues it raises are extremely complex. On I believe that it would be irresponsible the United States is required to keep its face, it makes sense to hold North Korea for the Clinton administration to hand our end of the bargain. It is unreason- to its obligations under the 1994 agreement it over $5 billion worth of nuclear reac- able to expect any country to follow signed with the United States. But when you tors to North Korea until it honors its the course this amendment suggests, scratch the surface, it is clear that this amend- commitments under the 1994 agreed and I urge my colleagues to reject the ment will not do thatÐand that in fact, it may framework. temptation this amendment rep- do just the opposite. This agreement calls for the North resents. This is a highly sensitive time This amendment insists that North Korea Koreans to freeze their nuclear weap- in relations between the United States keep the bargain it made in the 1994 Agreed ons program and to come into full com- and North Korea. Now is not the time Framework years before the United States is pliance with the nuclear nonprolifera- to micromanage our policy. required to keep our end of that bargain. It is tion treaty. Compliance must be cer- Last year, Congress insisted that the unreasonable to expect any country to follow tified by the International Atomic En- President appoint a special envoy to the course this amendment suggests and I July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6037 urge my colleagues to reject the temptation The IAEA's inspectors need every moment Our vote today, and our rhetoric during this this amendment represents. This is a highly of the time between today's vote and the day debate, hinder the real progress the United sensitive time in relations between the United the reactors receive their nuclear cores. They States is making in northeast Asia. I urge my States and North Korea; now is not the time need that time to build relationships with their colleagues to act responsible by voting against to micro-manage our policy. North Korean counterparts, relationships that the Gilman-Markey amendment to H.R. 2415. Mr. Chairman, I have visited North Korea on will ensure they get the access they need to Mr. GILMAN. Madam Chairman, I several occasions, focusing on the famine make the inspections required by the Agreed am pleased to yield 2 minutes to the there but of necessity examining our broader Framework. And, to persuade North Korea to distinguished gentleman from New Jer- policy. During the three years I have tried to keep its obligation to allow inspections, the sey (Mr. PALLONE). help save the innocent people in North Korea IAEA needs the United States, South Korea, Mr. PALLONE. Madam Chairman, I from starvation, three things have become and Japan to keep their word. also would like to support the Gilman- quite clear: This amendment will not help the IAEA's in- Markey amendment. I know that both First, I am convinced that North Korea is spectors do their workÐbecause it will con- sides on this issue are trying to pre- changing. Change is not as fast or as dra- vince North Korea that the United States plans vent nuclear proliferation by North matic as we all would like, but it is change to renege on our commitment. North Korea's Korea. But whatever efforts are taking nevertheless. leaders already suspect this is our intention, place I do not believe are working. Its people, who for 50 years have known because we have made precious little We have all been concerned in the Americans only as an enemy, no longer run progress on normalizing relationsÐas we last few weeks about the conflict in from me and the dozens of other Americans promised in the Agreed Framework. Kashmir, because India and Pakistan who now visit the countryside. They know we Third, it is clear to me that there is great both have nuclear weapons. India de- and others are helping them, but our faces suspicion among our colleagues about this veloped its nuclear weapons indige- and by the millions of bags of food we have Administration's policy toward North Korea. nously, but not so with Pakistan that providedÐbags that now can be found in al- The amendment before us today would let continues to get help from North most every corner of the country because they many long-time opponents of the Agreed Korea, China, and other countries ex- are used over and over, long after the food is Framework wrest the tiller from the President porting nuclear weapons and equip- gone. and put Congress at the helm of our ship of ment. Its government, which for 50 years has en- state. On June 25 of this year, a North Ko- gaged in few constructive discussions with the Mr. Chairman, that is not what the Founding rean vessel, the M.V. Kuwolsan, docked United States, now is willing to talk about a Fathers had in mind. Adopting this amend- at Kandia port, which is an India port range of issues of concern to both our coun- ment would break new groundÐan experiment in the state of Gujarat. triesÐfrom its missile exports, to nuclear mat- we shouldn't try on a nation that remains a During the examination of the cargo ters, to the fundamental issues of peace in threat to our national security. on board, it was found to contain 148 Northeast Asia. Last year, Congress insisted that the Presi- boxes, declared as machines and water- Even North Korea's military, which for 50 dent appoint a special envoy to evaluate U.S. refining equipment. Subsequent exam- years has posed one of the world's greatest policy toward North Korea. That man, former ination of these boxes established that threats to AmericaÐand particularly to the Secretary of Defense William Perry, has equipment was, in fact, for production 37,000 American servicemen who face North painstakingly consulted with all of us who of tactical surface-to-surface missiles Korean soldiers across the tense DMZÐis have expressed any interest in this issue. He with a range in excess of 300 kilo- changing. has conferred at length with our allies in meters. It included special materials North Korean soldiers' cooperation with ef- Japan and South Korea, and he has met with and equipment, components for guid- forts to recover the remains of American vet- officials in China and North Korea. Dr. Perry ance systems, blue prints, drawings, erans of the Korean War is outstanding, ac- brings to this work an unparalleled under- and instruction manuals for production cording to our own military. This work is an- standing of the military risks that a policy fail- of such missiles. swering the questions of the families of miss- ure may bring; and he works without the con- Subsequently, in what seems to es- ing servicemen at the same time it is giving straints of bureaucracy and career concerns. tablish North Korea’s active role in our soldiers and theirs an opportunity to work Dr. Perry's work is nearing completion. No Pakistan’s missile program, Kuwolsan, side by sideÐsomething that, until very re- matter what the House of Representatives the owner of the Korean ship that was cently, had been unimaginable. thinks of the Agreed Framework, no matter impounded, admitted that the Malta- Second, it is clear to me that the 1994 what we think of the pace of IAEA inspections, bound missile parts-manufacturing ma- agreement is one of the more imperfect deals no matter what we think of North Korea's poli- chinery were to be delivered at the Ka- the United States has ever made. It is focused ciesÐnow is not the time to undercut Dr. rachi port in Pakistan. more narrowly than Congress would like, on Perry or our national security team. So we know that North Korea’s con- nuclear issues aloneÐinstead of on the mis- Nor is this the time to betray our allies. tinued support for the Pakistani nu- sile program that now poses an equal chal- Japan and South KoreaÐwho face a direct clear program missile and missile de- lenge to our country. and it undertakes an en- threat if North Korea's nuclear program is not velopment program continues at this deavor whose success is dubious: to assure frozenÐdon't just support the Agreed Frame- time. Whatever efforts we are making changes in a country that has confounded all work in words; they also are bearing the entire are not working. North Korea con- diplomatic and military efforts during the past $4±5 billion burden for constructing the light- tinues to be a rogue state. There is no 50 years. water reactors that it promises North Korea if reason why the U.S. Government In fairness, though, the Agreed Framework it freezes its nuclear weapons program. Offi- should allow their nuclear prolifera- is a document that represents the best our ne- cials in both countries have expressed their tion to continue. gotiators could do under difficult cir- concern to me and administration officials I urge support for the Gilman-Mar- cumstances. And if it succeeds, it could be a about Congressional meddling in U.S. rela- key amendment. I yield back the bal- starting point for real progress on other issues. tions with North Korea. ance. Unfortunately, the Gilman-Markey amend- I believe we owe the safety and wishes of Mr. GEJDENSON. Madam Chairman, ment asks Congress to look at the Agreed the 175 million people who live in these demo- I reserve the balance of my time. Framework as if it is a snapshot; to judge an cratic nations some consideration. This Mr. GILMAN. Madam Chairman, I agreement that covers many more years not amendment serves neither our national inter- am pleased to yield 5 minutes to the on the basis of its overall progressÐbut in- ests, nor those of our allies and we should re- gentleman from Nebraska (Mr. BEREU- stead by how it appears on July 21, 1999. ject it. TER), our distinguished vice chairman Safeguards are written into the Agreed In the months and years ahead, Congress of our committee. Framework that will ensure North Korea has will have many opportunities to ensure the (Mr. BEREUTER asked and was (1) frozen its nuclear program, and (2) not re- goals of the Gilman-Markey amendment are given permission to revise and extend processed plutonium in violation of the nuclear met. Consideration of this amendment today is his remarks.) Non-Proliferation Treaty just as this amend- premature. Voting for it might make us all feel Mr. BEREUTER. Madam Chairman, I ment insists. But these safeguards are not good, but it is likely to do real damage to the thank the gentleman from New York triggered until the light-water reactors are clos- serious efforts underway to ease the threat (Chairman GILMAN) for yielding me er to completion, several years from now. that North Korea still poses. this time. H6038 CONGRESSIONAL RECORD — HOUSE July 21, 1999 Madam Chairman, I have been in- Now, the gentleman from New York course, is both process and substance. volved in committee debate and have (Mr. ACKERMAN), for whom I have great The chairman of the committee was in not prepared remarks for the amend- respect, who was a previous chairman the process of marking up a piece of ment that is offered by the gentleman of the Subcommittee on Asia and the legislation to address the situation in from New York. But I do think it is so Pacific, says he is concerned that none North Korea, and then we find our- important that we need to see if there of the conditions for certification by selves without really having sat down, is any common ground. I want to ad- the President could be really imple- held hearings and the substantial kind dress some remarks particularly to the mented, or at least some of them could of work that ought to happen with Dr. gentleman from Connecticut (Mr. not be implemented because they ex- Perry, that we find ourselves presented GEJDENSON) and to the gentleman from press intent. I read them to be action, with this amendment that has the po- New York (Mr. ACKERMAN). not intent. So I am not quite sure I un- tential of undermining the agreement As some of my colleagues know, I derstand the gentleman’s argument in on the Korean Peninsula. chair the Subcommittee on Asia and that respect. I would say to my colleagues that I the Pacific. In each of the last three Mostly, however, I would like to say would venture there is not one Member Congresses, I have made the hearing on to the gentleman from Connecticut of this Chamber that believes we were North Korea the first held each Con- (Mr. GEJDENSON), the point that he has better off on the Korean Peninsula gress in the Subcommittee on Asia and made about, I will refer to it indi- prior to the agreement that the admin- the Pacific, because I feel it is poten- rectly, action that might take place to istration worked out. tially the most dangerous place in the stall any kind of affirmative action by Frankly, if my colleagues looked at world that, indeed, as the gentleman the Congress by resolution, joint reso- the facts seriously, they could not from New York (Mr. Ackerman) point- lution to approve. The House, of come to that conclusion. The North ed out, this is a very isolated regime. I course, earlier, by a 300-plus margin, Koreans were in the process of devel- would go on to say a very paranoid re- with the gentleman concurring, voted oping sufficient fissionable material to gime that, all too apparently, cares for such an affirmative action for the make weapons. They have stopped that very little about the welfare of their transfer of domestic nuclear power program. We have inspectors there. We people. components to China. Now, that did Among the people I have known in have more contact than we have ever not become law, but in fact we em- the executive branch appointed to lead- had before. braced that as a possibility. ership positions, few, if any, would be I, frankly, think wherever the Com- I would say to the distinguished gen- up there in the ranks of Dr. Perry, a munist or totalitarian government is, tleman from Connecticut (Mr. GEJDEN- former Secretary of Defense. I have the one element that constantly under- SON) that an expedited procedure, on a great respect for him. I do not want to mines authoritarian rule is contact one-time basis only, would bridge the do anything to undercut his effort in with Americans and free societies. gap, would find common ground be- trying to find if North Korea is willing I urge my colleagues to reject this. to take a different tack. tween those of us concerned about The chairman of the committee has an On the other hand, I have great sus- what may be happening there, the need opportunity to bring a bill forward picion that, in fact, North Korea is vio- for certification, that could be some- that could take a look at expedited lating the Agreed Framework, that thing that could be accomplished in procedures, that could set up a process they are proceeding with nuclear devel- conference, for example. that makes sense. It does not make opment. They are the world’s greatest Would the gentleman from Con- sense to pass this here. I urge the de- tunnelers. The fact that we have exam- necticut care to comment to the reac- feat of this legislation. ined one site where we have suspicion tion to an expedited procedure so that, Mr. Chairman, I yield back the bal- tells us really nothing definitive about in fact, there could be no delays which ance of my time. what they may be doing. would make it impossible to have an The CHAIRMAN pro tempore (Mrs. I would say, as they approach what affirmative action by a joint resolu- EMERSON). The question is on the appears to be their intent to proceed tion? amendment, as modified, offered by the with the launch of a Taepo Dong 2 mis- Madam Chairman, I yield to the gen- gentleman from New York (Mr. GIL- sile, which has extraordinary range, I tleman from Connecticut (Mr. GEJDEN- MAN). believe that, if in fact they launch this SON). The question was taken; and the missile, they will have crossed the line; Mr. GEJDENSON. Madam Chairman, Chairman pro tempore announced that and we will have to conclude that they I certainly would find it far more ac- the noes appeared to have it. are irrevocably on a path that is dan- ceptable for a process that provided for RECORDED VOTE gerous for our interest and dangerous expedited procedure than allowing in- Mr. GILMAN. Madam Chairman, I de- for our world and ultimately dangerous action to undermine the entire process. mand a recorded vote. Mr. BEREUTER. Madam Chairman, I for the people living in the United A recorded vote was ordered. thank the gentleman. I think that is States. The Chairman pro tempore. This will something that we need to consider. I am very familiar with what we are be a 15-minute vote followed by a 5- I would say to the gentleman, if Dr. attempting to do, of course, with minute vote on the Sanders amend- Perry finds they are on a different KEDO, the light-water reactors, two of ment. track, the wrong track for us, clearly them, which would be provided pri- The vote was taken by electronic de- this kind of resolution will come to the marily at the expense of the Republic vice, and there were—ayes 305, noes 120, floor, even if the amendment of the of Korea, South Korea, and Japan, but not voting 8, as follows: basically U.S.-licensed design. Of gentleman from New York (Mr. GIL- [Roll No. 321] course we have been providing heavy MAN) and the gentleman from Massa- fuel to assist during this period of time chusetts (Mr. MARKEY) is not approved AYES—305 when North Koreans say they need the today. It is inevitable. Abercrombie Bereuter Brown (OH) Mr. MARKEY. Madam Chairman, Aderholt Berkley Bryant energy. Andrews Berry Burr But we have fallen into a pattern of will the gentleman yield. Archer Biggert Burton complying with extortion on the part Mr. BEREUTER. I yield to the gen- Armey Bilbray Buyer of the North Koreans. Again and again, tleman from Massachusetts. Bachus Bilirakis Callahan Mr. MARKEY. Madam Chairman, I Baird Blagojevich Calvert we have provided assistance, primarily Baker Bliley Camp indirectly through international orga- agree with the gentleman that an expe- Ballenger Blunt Campbell nizations for food, to help the people of dited procedure is something that Barcia Boehlert Canady North Korea. They have become our needs to be supported. Barr Boehner Cannon Barrett (NE) Bonilla Capps largest recipient of humanitarian as- Mr. GEJDENSON. Madam Chairman, Barrett (WI) Bono Carson sistance in Asia. This is a country that I yield myself such time as I may con- Bartlett Boswell Castle continuously daily, day after day, con- sume. Barton Boucher Chabot demns the United States in the most Madam Chairman, I think that one of Bass Brady (TX) Chambliss Bateman Brown (FL) Coble incredible language. my hesitations in this legislation, of July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6039 Coburn Jenkins Riley Farr Levin Rahall [Roll No. 322] Collins Johnson (CT) Rivers Fattah Lewis (GA) Reyes AYES—117 Combest Johnson, Sam Rogan Filner Lofgren Rodriguez Condit Jones (NC) Rogers Frank (MA) Luther Roemer Abercrombie Gutierrez Rivers Cook Kaptur Rohrabacher Gejdenson Maloney (NY) Roybal-Allard Allen Hall (OH) Rohrabacher Cooksey Kasich Ros-Lehtinen Gephardt Martinez Rush Bachus Hastings (FL) Ros-Lehtinen Costello Kelly Rothman Gonzalez Mascara Sabo Baird Hayworth Roybal-Allard Cox Kildee Roukema Green (TX) Matsui Sandlin Baldacci Hilliard Rush Cramer Kind (WI) Royce Hall (OH) McCarthy (MO) Sawyer Baldwin Hinojosa Sabo Crane King (NY) Ryan (WI) Hastings (FL) Meek (FL) Scott Barrett (WI) Jackson (IL) Sanders Cubin Kingston Ryun (KS) Hill (IN) Meeks (NY) Sisisky Bartlett Johnson, E.B. Sanford Cunningham Knollenberg Salmon Hilliard Millender- Skelton Becerra Jones (OH) Scarborough Danner Kolbe Sanchez Hinojosa McDonald Slaughter Berry Kaptur Schakowsky Davis (VA) Kucinich Sanders Hoeffel Miller, George Smith (WA) Blagojevich Kildee Scott Deal Kuykendall Sanford Holden Minge Snyder Bonior Kilpatrick Serrano DeFazio LaHood Saxton Hoyer Mink Stark Brady (PA) Kucinich Shays DeLay Latham Scarborough Jackson (IL) Mollohan Stupak Brown (FL) Lantos Shimkus DeMint LaTourette Schaffer Jefferson Murtha Tauscher Brown (OH) Lee Shows Diaz-Balart Lazio Schakowsky John Nadler Thompson (CA) Campbell Lewis (GA) Slaughter Dickey Leach Sensenbrenner Johnson, E. B. Napolitano Thompson (MS) Capuano Luther Smith (NJ) Doolittle Lee Serrano Jones (OH) Oberstar Udall (CO) Carson Maloney (NY) Snyder Dreier Lewis (CA) Sessions Kanjorski Obey Visclosky Castle Markey Stabenow Duncan Lewis (KY) Shadegg Kilpatrick Olver Waters Clay McGovern Stark Dunn Linder Shaw Kleczka Owens Waxman Clyburn McKinney Strickland Ehlers Lipinski Shays Klink Pastor Weiner Coburn McNulty Taylor (MS) Ehrlich LoBiondo Sherman LaFalce Payne Wexler Condit Meehan Thompson (CA) Emerson Lowey Sherwood Lampson Pelosi Woolsey Conyers Meek (FL) Thompson (MS) English Lucas (KY) Shimkus Lantos Pickett Cox Meeks (NY) Tierney Eshoo Lucas (OK) Shows Larson Pomeroy Cummings Miller, George Towns Etheridge Maloney (CT) Shuster Davis (IL) Mink Udall (NM) Evans Manzullo Simpson NOT VOTING—8 DeFazio Moakley Velazquez Everett Markey Skeen Chenoweth Kennedy Peterson (PA) Delahunt Nadler Vento Ewing McCarthy (NY) Smith (MI) Dicks Largent Talent DeLauro Neal Wamp Fletcher McCollum Smith (NJ) Hinchey McDermott Dixon Oberstar Waters Foley McCrery Smith (TX) Duncan Obey Waxman Forbes McGovern Souder Emerson Olver Weiner Ford McHugh Spence b 1237 Evans Owens Weldon (FL) Fossella McInnis Spratt Farr Paul Wexler Fowler McIntosh Stabenow Messrs. HOLDEN, MASCARA, LEWIS Fattah Payne Weygand Franks (NJ) McIntyre Stearns of Georgia, LUTHER, BECERRA, NAD- Filner Pelosi Woolsey Frelinghuysen McKeon Stenholm LER, OWENS, OLVER, and Ms. Frank (MA) Peterson (MN) Wu Frost McKinney Strickland Green (TX) Rangel Wynn Gallegly McNulty Stump McCARTHY of Missouri changed their Ganske Meehan Sununu vote from ‘‘aye’’ to ‘‘no.’’ NOES—307 Gekas Menendez Sweeney Messrs. FROST, MALONEY of Con- Ackerman Cramer Graham Gibbons Metcalf Tancredo Aderholt Crane Granger Gilchrest Mica Tanner necticut, STRICKLAND, BARRETT of Andrews Crowley Green (WI) Gillmor Miller (FL) Tauzin Wisconsin, Ms. CARSON, and Mrs. Archer Cubin Greenwood Gilman Miller, Gary Taylor (MS) THURMAN changed their vote from Armey Cunningham Gutknecht Goode Moakley Taylor (NC) ‘‘no’’ to ‘‘aye.’’ Baker Danner Hall (TX) Goodlatte Moore Terry Ballenger Davis (FL) Hansen Goodling Moran (KS) Thomas So the amendment, as modified, was Barcia Davis (VA) Hastings (WA) Gordon Moran (VA) Thornberry agreed to. Barr Deal Hayes Goss Morella Thune The result of the vote was announced Barrett (NE) DeGette Hefley Graham Myrick Thurman Barton DeLay Herger Granger Neal Tiahrt as above recorded. Bass DeMint Hill (IN) Green (WI) Nethercutt Tierney SEQUENTIAL VOTES POSTPONED IN COMMITTEE Bateman Deutsch Hill (MT) Greenwood Ney Toomey OF THE WHOLE Bentsen Diaz-Balart Hilleary Gutierrez Northup Towns Bereuter Dickey Hobson Gutknecht Norwood Traficant The CHAIRMAN pro tempore (Mrs. Berkley Dingell Hoeffel Hall (TX) Nussle Turner EMERSON). Pursuant to House Resolu- Berman Doggett Hoekstra Hansen Ortiz Udall (NM) tion 247, proceedings will now resume Biggert Dooley Holden Hastings (WA) Ose Upton Bilbray Doolittle Holt Hayes Oxley Velazquez on those amendments on which further Bilirakis Doyle Hooley Hayworth Packard Vento proceedings were postponed in the fol- Bishop Dreier Horn Hefley Pallone Vitter lowing order: Amendment No. 15 print- Bliley Dunn Hostettler Herger Pascrell Walden Blumenauer Edwards Houghton Hill (MT) Paul Walsh ed in Part B offered by the gentleman Blunt Ehlers Hoyer Hilleary Pease Wamp from Vermont (Mr. SANDERS), and Boehlert Ehrlich Hulshof Hobson Peterson (MN) Watkins amendment No. 18 printed in Part B of- Boehner Engel Hunter Hoekstra Petri Watt (NC) fered by the gentleman from Nevada Bonilla English Hutchinson Holt Phelps Watts (OK) Bono Eshoo Hyde Hooley Pickering Weldon (FL) (Mr. GIBBONS). Borski Etheridge Inslee Horn Pitts Weldon (PA) AMENDMENT NO. 15 OFFERED BY MR. SANDERS Boswell Everett Isakson Hostettler Pombo Weller Boucher Ewing Istook Houghton Porter Weygand The CHAIRMAN pro tempore. The Boyd Fletcher Jackson-Lee Hulshof Portman Whitfield pending business is the demand for a Brady (TX) Foley (TX) Hunter Price (NC) Wicker recorded vote on amendment No. 15 Bryant Forbes Jefferson Hutchinson Pryce (OH) Wilson Burr Ford Jenkins Hyde Quinn Wise printed in Part B offered by the gen- Burton Fossella John Inslee Radanovich Wolf tleman from Vermont (Mr. SANDERS) Buyer Fowler Johnson (CT) Isakson Ramstad Wu on which further proceedings were Callahan Franks (NJ) Johnson, Sam Istook Rangel Wynn postponed and on which the ayes pre- Calvert Frelinghuysen Jones (NC) Jackson-Lee Regula Young (AK) Camp Frost Kanjorski (TX) Reynolds Young (FL) vailed by voice vote. Canady Gallegly Kasich The Clerk will redesignate the Cannon Ganske Kelly NOES—120 amendment. Capps Gejdenson Kind (WI) Cardin Gekas King (NY) Ackerman Brady (PA) Davis (IL) The Clerk redesignated the amend- Chabot Gephardt Kingston Allen Capuano DeGette ment. Chambliss Gibbons Kleczka Baldacci Cardin Delahunt Clayton Gilchrest Klink Baldwin Clay DeLauro RECORDED VOTE Clement Gillmor Knollenberg Becerra Clayton Deutsch The CHAIRMAN pro tempore. A re- Coble Gilman Kolbe Bentsen Clement Dingell Collins Gonzalez Kuykendall Berman Clyburn Dixon corded vote has been demanded. Combest Goode LaFalce Bishop Conyers Doggett A recorded vote was ordered. Cook Goodlatte LaHood Blumenauer Coyne Dooley The vote was taken by electronic de- Cooksey Goodling Lampson Bonior Crowley Doyle Costello Gordon Largent Borski Cummings Edwards vice, and there were—ayes 117, noes 307, Coyne Goss Larson Boyd Davis (FL) Engel not voting 9, as follows: H6040 CONGRESSIONAL RECORD — HOUSE July 21, 1999 Latham Ose Simpson [Roll No. 323] Payne Sawyer Taylor (NC) LaTourette Oxley Sisisky Pease Saxton Terry Lazio Packard Skeen AYES—418 Pelosi Scarborough Thomas Leach Pallone Skelton Peterson (MN) Schaffer Thompson (CA) Abercrombie Dicks Jones (OH) Levin Pascrell Smith (MI) Petri Schakowsky Thompson (MS) Ackerman Dingell Kanjorski Lewis (KY) Pastor Smith (TX) Phelps Scott Thornberry Aderholt Dixon Kaptur Linder Pease Smith (WA) Pickering Sensenbrenner Thune Allen Doggett Kasich Lipinski Petri Souder Pickett Serrano Thurman Andrews Dooley Kelly LoBiondo Phelps Spence Pitts Sessions Tiahrt Lofgren Pickering Spratt Archer Doolittle Kildee Pombo Shadegg Tierney Lowey Pickett Stearns Armey Doyle Kilpatrick Pomeroy Shaw Toomey Lucas (KY) Pitts Stenholm Bachus Dreier Kind (WI) Porter Shays Towns Lucas (OK) Pombo Stump Baird Duncan King (NY) Portman Sherman Traficant Maloney (CT) Pomeroy Stupak Baker Dunn Kingston Price (NC) Sherwood Turner Manzullo Porter Sununu Baldacci Edwards Kleczka Pryce (OH) Shimkus Udall (NM) Martinez Portman Sweeney Baldwin Ehlers Klink Quinn Shows Upton Mascara Price (NC) Tancredo Ballenger Ehrlich Knollenberg Radanovich Shuster Velazquez Matsui Pryce (OH) Tanner Barcia Emerson Kolbe Rahall Simpson Vento McCarthy (MO) Quinn Tauscher Barrett (NE) Engel Kucinich Ramstad Sisisky Visclosky McCarthy (NY) Radanovich Tauzin Barrett (WI) English Kuykendall Rangel Skeen Vitter McCollum Rahall Taylor (NC) Bartlett Eshoo LaHood Regula Skelton Walden McCrery Ramstad Terry Barton Etheridge Lampson Reyes Slaughter Walsh McHugh Regula Thomas Bass Evans Lantos Reynolds Smith (MI) Wamp McInnis Reyes Thornberry Bateman Everett Largent Riley Smith (NJ) Waters McIntosh Reynolds Thune Bentsen Ewing Larson Rivers Smith (TX) Watkins McIntyre Riley Thurman Bereuter Farr Latham Rodriguez Smith (WA) Watt (NC) McKeon Rodriguez Tiahrt Berkley Fattah LaTourette Roemer Snyder Watts (OK) Menendez Roemer Toomey Berman Filner Lazio Rogan Souder Waxman Metcalf Rogan Traficant Berry Fletcher Leach Rogers Spence Weiner Millender- Rogers Turner Biggert Foley Lee Rohrabacher Spratt Weldon (FL) McDonald Rothman Udall (CO) Bilbray Forbes Levin Ros-Lehtinen Stabenow Weldon (PA) Miller (FL) Roukema Upton Bilirakis Ford Lewis (CA) Rothman Stark Weller Miller, Gary Royce Visclosky Blagojevich Fossella Lewis (GA) Roukema Stearns Wexler Minge Ryan (WI) Vitter Bliley Fowler Lewis (KY) Roybal-Allard Stenholm Weygand Mollohan Ryun (KS) Walden Blumenauer Frank (MA) Linder Royce Strickland Whitfield Moore Salmon Walsh Blunt Franks (NJ) Lipinski Rush Stump Wicker Moran (KS) Sanchez Watkins Boehlert Frelinghuysen LoBiondo Ryan (WI) Stupak Wilson Moran (VA) Sandlin Watt (NC) Boehner Frost Lofgren Ryun (KS) Sununu Wise Morella Sawyer Watts (OK) Bonilla Gallegly Lowey Sabo Sweeney Wolf Murtha Saxton Weldon (PA) Bonior Ganske Lucas (KY) Salmon Tancredo Woolsey Myrick Schaffer Weller Bono Gejdenson Lucas (OK) Sanchez Tanner Wu Napolitano Sensenbrenner Whitfield Borski Gekas Luther Sanders Tauscher Wynn Nethercutt Sessions Wicker Boswell Gephardt Maloney (CT) Sandlin Tauzin Young (AK) Ney Shadegg Wilson Boucher Gibbons Maloney (NY) Sanford Taylor (MS) Young (FL) Northup Shaw Wise Boyd Gilchrest Manzullo Norwood Sherman Wolf Brady (PA) Gillmor Markey NOES—3 Nussle Sherwood Young (AK) Brady (TX) Gilman Martinez Barr McKinney Paul Ortiz Shuster Young (FL) Brown (FL) Gonzalez Mascara Brown (OH) Goode Matsui NOT VOTING—12 NOT VOTING—9 Bryant Goodlatte McCarthy (MO) Becerra Hinchey McDermott Burr Goodling McCarthy (NY) Chenoweth Kennedy Mica Bishop Johnson, Sam Peterson (PA) Burton Gordon McCollum Dicks Lewis (CA) Peterson (PA) Chenoweth Kennedy Talent Buyer Goss McCrery Hinchey McDermott Talent DeLay LaFalce Udall (CO) Callahan Graham McGovern b 1247 Calvert Granger McHugh b 1256 Camp Green (TX) McInnis Mrs. KELLY and Mr. RAHALL Campbell Green (WI) McIntosh So the amendment was agreed to. changed their vote from ‘‘aye’’ to ‘‘no.’’ Canady Greenwood McIntyre The result of the vote was announced Cannon Gutierrez McKeon as above recorded. Messrs. WU, TOWNS, GEORGE MIL- Capps Gutknecht McNulty LER of California and BECERRA Capuano Hall (OH) Meehan Stated for: changed their vote from ‘‘no’’ to ‘‘aye.’’ Cardin Hall (TX) Meek (FL) Mr. DELAY: Mr. Chairman, on rollcall No. So the amendment was rejected. Carson Hansen Meeks (NY) 323, I was inadvertently detained. Had I been Castle Hastings (FL) Menendez The result of the vote was announced Chabot Hastings (WA) Metcalf present, I would have voted ``aye.'' as above recorded. Chambliss Hayes Mica The CHAIRMAN pro tempore (Mr. Stated for: Clay Hayworth Millender- BARRETT of Nebraska). It is now in Clayton Hefley McDonald order to consider amendment No. 24 Mr. MICA. Madam Chairman, on rollcall no. Clement Herger Miller (FL) 322, I was unavoidably detained. Had I been Clyburn Hill (IN) Miller, Gary printed in part B of House Report 106– present, I would have voted ``no.'' Coble Hill (MT) Miller, George 235. Coburn Hilleary Minge AMENDMENT NO. 24 OFFERED BY MR. BEREUTER AMENDMENT NO. 18 OFFERED BY MR. GIBBONS Collins Hilliard Mink The CHAIRMAN pro tempore (Mrs. Combest Hinojosa Moakley Mr. BEREUTER. Mr. Chairman, I EMERSON). The pending business is the Condit Hobson Mollohan offer an amendment. Conyers Hoeffel Moore The CHAIRMAN pro tempore. The demand for a recorded vote on Part B Cook Hoekstra Moran (KS) amendment No. 18 offered by the gen- Cooksey Holden Moran (VA) Clerk will designate the amendment. tleman from Nevada (Mr. GIBBONS) on Costello Holt Morella The text of the amendment is as fol- which further proceedings were post- Cox Hooley Murtha lows: Coyne Horn Myrick Part B amendment No. 24 offered by Mr. poned and on which the ayes prevailed Cramer Hostettler Nadler by voice vote. Crane Houghton Napolitano BEREUTER: The Clerk will redesignate the Crowley Hoyer Neal Page 84, after line 16, add the following Cubin Hulshof Nethercutt (and make such technical and conforming amendment. Cummings Hunter Ney changes as may be necessary): The Clerk redesignated the amend- Cunningham Hutchinson Northup SEC. 703. SELF-DETERMINATION IN EAST TIMOR. ment. Danner Hyde Norwood Davis (FL) Inslee Nussle (a) FINDINGS.—The Congress finds the fol- RECORDED VOTE Davis (IL) Isakson Oberstar lowing: The CHAIRMAN pro tempore. A re- Davis (VA) Istook Obey (1) On May 5, 1999, the Government of Indo- corded vote has been demanded. Deal Jackson (IL) Olver nesia and the Government of Portugal signed DeFazio Jackson-Lee Ortiz an agreement that provides for a vote on the A recorded vote was ordered. DeGette (TX) Ose The CHAIRMAN pro tempore. This political status of East Timor to be held on Delahunt Jefferson Owens August 8, 1999, under the auspices of the DeLauro Jenkins Oxley will be a 5-minute vote. United Nations. The vote was taken by electronic de- DeMint John Packard Deutsch Johnson (CT) Pallone (2) On June 22, 1999, the vote was resched- vice, and there were—ayes 418, noes 3, Diaz-Balart Johnson, E. B. Pascrell uled for August 21 or 22, 1999, because of con- not voting 12, as follows: Dickey Jones (NC) Pastor cerns that the conditions necessary for a free July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6041 and fair vote could not be established prior The CHAIRMAN pro tempore. Pursu- Timorese people will choose between to August 8, 1999. ant to House Resolution 247, the gen- autonomy and independence in a vote (3) On January 27, 1999, Indonesian Presi- tleman from Nebraska (Mr. BEREUTER) tentatively scheduled for August 21 or dent Habibie expressed a willingness to con- sider independence for East Timor if a ma- and a Member opposed each will con- 22 of this year. Unfortunately, repeated jority of the East Timorese reject autonomy trol 10 minutes. violent incidents in East Timor are in the August 1999 vote. The Chair recognizes the gentleman threatening the ability of the United (4) Under the agreement between the Gov- from Nebraska (Mr. BEREUTER). Nations to organize the vote in a cli- ernments of Indonesia and Portugal, the PARLIAMENTARY INQUIRY mate free from intimidation. Government of Indonesia is responsible for Mr. GEJDENSON. Mr. Chairman, will Much of the violence has been carried ensuring that the August 1999 vote is carried the gentleman yield for a parliamen- out by armed, pro-Indonesian para- out in a fair and peaceful way and in an at- military organizations attempting to mosphere free of intimidation, violence, or tary inquiry? interference. Mr. BEREUTER. For purposes of a bully the population into supporting (5) The inclusion of anti-independence mi- parliamentary inquiry, I yield to the the autonomy option. Since last June, litia members in Indonesian forces that are gentleman from Connecticut. militias have also been targeting U.N. responsible for establishing security in East Mr. GEJDENSON. Mr. Chairman, I officials and non-government organiza- Timor violates this agreement because the would like to know the appropriate tion representatives seeking to aid the agreement states that the absolute neu- time to claim the time in opposition. I displaced local population. trality of the military and police is essential do not plan to oppose this amendment. for holding a free and fair vote. b 1300 I would ask unanimous consent at that (6) The arming of anti-independence mili- There continues to be evidence that tias by members of the Indonesian military point to have the time in opposition al- for the purpose of sabotaging the August 1999 lotted to this Member. the militias are operating with the sup- ballot has resulted in hundreds of civilians When is the appropriate time to take port or at least the acquiescence of the killed, injured, or missing in separate at- that? Indonesian forces. Although lesser in tacks by these militias and these militias The CHAIRMAN pro tempore. With- scope, pro-independence guerrillas have continue to act without restraint. out objection, the Member may be rec- committed violent acts of their own. (7) The United Nations Secretary General ognized to control that time. Mr. Chairman, the amendment puts has received credible reports of political vio- Mr. GEJDENSON. Mr. Chairman, I the Congress on record in support of a lence, including intimidation and killing, by free and fair vote in East Timor. It also armed anti-independence militias against ask unanimous consent to get the time unarmed pro-independence civilians in East in opposition, to control that time, expresses the sense of Congress that Timor. while I am not in opposition. the administration should redouble its (8) There have been killings of opponents of The CHAIRMAN pro tempore. Is efforts to prevail upon the Indonesian independence for East Timor, including civil- there objection to the request of the government to disarm the militias and ians and militia members. gentleman from Connecticut? allow the vote to proceed in a climate (9) The killings in East Timor should be There was no objection. free of violence and intimidation. Cer- fully investigated and the individuals re- tainly a peaceful outcome in East sponsible brought to justice. Mr. BEREUTER. Mr. Chairman, I (10) Access to East Timor by international yield myself such time as I may con- Timor is important for its own sake. human rights monitors and humanitarian or- sume. At the same time, it would remove a ganizations is limited and members of the Mr. Chairman, this amendment con- long standing irritant in relations be- press have been threatened. cerns the upcoming U.N.-administered tween the United States and Indonesia, (11) The presence of members of the United plebiscite in which the people of East and Indonesia can be and at times has Nations Assistance Mission in East Timor Timor will choose between autonomy been a very important ally in pro- has already resulted in an improved security within Indonesia and independence. ceedings in southeast Asia and else- environment in the East Timorese capital of Dili. Formerly a Portuguese colony, East where in that region. (12) A robust international observer mis- Timor was occupied in 1975 by Indo- This Member urges, therefore, his sion and police force throughout East Timor nesia. Since that time, its status has colleagues to support this amendment. is critical to creating a stable and secure en- been in dispute. The U.N. and most Mr. Chairman, I reserve the balance vironment necessary for a free and fair vote. governments, including the United of my time. (13) The Administration should be com- States, have never recognized the in- Mr. GEJDENSON. Mr. Chairman, I mended for its support for the United Na- corporation of East Timor into Indo- yield myself 1 minute. tions Assistance Mission in East Timor nesia. I want to join in support of this which will provide monitoring and support for the ballot and include international civil- Mr. Chairman, the human rights vio- amendment. The outrage and at- ian police, military liaison officers, and elec- lations created by Indonesian security tempted genocide by the Indonesians in tion monitors. forces seeking to suppress the inde- East Timor over the last decade and (b) SENSE OF THE CONGRESS.—It is the sense pendence movement in East Timor more has been an outrageous act. We of the Congress that— have for a long time seriously affected had initial optimism. We now see some (1) the President and the Secretary of U.S. relations with Indonesia and cer- sliding back. This resolution does the State should immediately intensify their ef- tainly it has been debated here on the right thing. I hope we pass it unani- forts to prevail upon the Indonesian Govern- ment and military— House floor fairly often. Admittedly mously. (A) to disarm and disband anti-independ- some of the actions by the Indonesians Mr. Chairman, I ask unanimous con- ence militias in East Timor; were reprisals for tragic provocations, sent that our time be controlled by the (B) to grant full access to East Timor by but violence from any quarter must be gentlewoman from Georgia (Ms. international human rights monitors, hu- condemned. MCKINNEY). manitarian organizations, and the press; and Indonesia is the world’s fourth most The CHAIRMAN. Is there objection (C) to allow Timorese who have been living populous Nation. It has the largest to the request of the gentleman from in exile to return to East Timor to partici- population of Muslims in the world, Connecticut? pate in the vote on the political status of There was no objection. East Timor to be held on August 1999 under and plays a leading role in the impor- the auspices of the United Nations; and tant Southeast Asian region. Indonesia Mr. BEREUTER. Mr. Chairman, I (2) not later than 21 days after the date of is currently embarked on what we cer- thank the gentleman from Connecticut the enactment of this Act, the President tainly hope is a transition to democ- for his support, and I yield 1 minute to should prepare and transmit to the Congress racy, following the resignation of its the distinguished gentleman from New a report that contains a description of the ef- longtime ruler Soeharto in May of 1998. York (Mr. GILMAN), chairman of the forts of the Administration, and an assess- As described in the ‘‘findings’’ por- Committee on International Relations. ment of the steps taken by the Indonesian tion of the amendment I offered, the (Mr. GILMAN asked and was given Government and military, to ensure a stable Indonesian government has taken im- permission to revise and extend his re- and secure environment in East Timor for the vote on the political status of East portant steps toward a solution to the marks.) Timor, including an assessment of the steps East Timor problem. Under a United Mr. GILMAN. Mr. Chairman, I thank taken in accordance with subparagraphs (A), Nations-brokered agreement between the gentleman for yielding this time to (B), and (C) of paragraph (1). Indonesia and Portugal, the East me. H6042 CONGRESSIONAL RECORD — HOUSE July 21, 1999 Mr. Chairman, I commend the gen- mend the gentleman from Nebraska given the close relationship between tleman from Nebraska (Mr. BEREUTER) (Mr. BEREUTER) for his amendment re- the U.S. and Indonesian militaries—I for this amendment. The upcoming Au- garding self-determination in East would just point out parenthetically gust vote in East Timor on independ- Timor. It does represent a modest, but that we have had hearings in my sub- ence from Indonesia must take place in much needed, congressional statement committee on the JCET program in In- an atmosphere that is going to be free that deserves the overwhelming sup- donesia. And I have also gone out there and fair. U.N. representatives have port of this body. and met with them, and I am very, been intimidated and hundreds of pro- Mr. Chairman, for over 20 years very unhappy with what is going on independence civilians have been killed international human rights advocates there in our collaboration with by anti-independence militias armed have been calling attention to abuses Kopassus. But because of this relation- by the Indonesian military. The Indo- by the Indonesian government in the ship and because of the obvious influ- nesian government should disarm and occupation of East Timor. Indonesia’s ence wielded by the Treasury Depart- disband the anti-independence militias, armed forces invaded East Timor in ment and international financial insti- grant full access to East Timor by 1975 only weeks after East Timor had tutions in Indonesia, those actors may international human rights organiza- obtained independence from Portugal. well have more leverage with Indo- tions and monitors and allow East Since then, the Indonesian army has nesian authorities than the State De- Timorese living abroad to return home carried out a campaign of what partment does. for the August elections. amounts to ethnic cleansing against Does the gentleman believe, as I do, Accordingly I am pleased to be sup- the Timorese through a program of that although these officials are no portive of the proposal of the gen- forced migration. Persecution has been longer mentioned in his amendment, it tleman from Nebraska (Mr. BEREUTER) particularly harsh against the Chris- is just as important that they intensify and I urge Members to support this tian majority. their own efforts in support of self-de- amendment. More than 200,000 Timorese out of a termination in East Timor? Ms. MCKINNEY. Mr. Chairman, I total population of 700,000 have been Mr. BEREUTER. Mr. Chairman, yield myself such time as I may con- killed directly or by starvation in would the gentleman yield? sume. forced migration from their villages Mr. SMITH of New Jersey. I yield to Mr. Chairman, on April 5 of this year, since the Indonesian invasion. The up- the gentleman from Nebraska. Mr. BEREUTER. Mr. Chairman, I 25 men, women, and children were mur- coming August vote on the political certainly do agree. I would say to the dered in a church yard in Liquica, a status of East Timor is of critical im- gentleman, as a matter of jurisdiction, town about 20 miles west of East portance to the people of that region that those particular high officials of Timor’s capital. Two weeks later, mili- and represents the first step toward a our government were not mentioned. tia members burst into the home of a just and humane solution of their po- Mr. SMITH of New Jersey. Mr. Chair- prominent independence organizer and litical status. man, I thank the gentleman, and I urge murdered his son as well as 14 other Of course, to be meaningful, that strong support for the Bereuter amend- people. These attacks and others in- election must be carried out in a fair ment. cluding attacks upon U.N. referendum and peaceful atmosphere, free of vio- Mr. BEREUTER. Mr. Chairman, I re- monitors are being carried out by lence and free of intimidation. Unfor- serve the balance of my time. bands of paramilitary thugs with the tunately, Mr. Chairman, members of Ms. MCKINNEY. Mr. Chairman, I backing of Indonesia’s military who the Indonesian military have been arm- yield 2 minutes to the gentleman from are intent on preserving Indonesia’s il- ing anti-independence militias which Guam (Mr. UNDERWOOD). legal military occupation of East have been responsible for the intimida- Mr. UNDERWOOD. Mr. Chairman, I Timor. tion and killing of unarmed pro-inde- thank the gentlewoman for yielding They have chosen the tactics of ter- pendence civilians in East Timor. this time to me, and, Mr. Chairman, I ror over the ballot because it is clear According to one estimate, more thank the gentleman from Nebraska that if the August U.N.-sponsored ref- than 58,000 people are now internally (Mr. BEREUTER) for offering this erendum on independence is free and displaced as a result of paramilitary vi- amendment on East Timor. I would fair, the people will choose freedom olence in East Timor. There has not also like to take the opportunity to and independence. But the outcome of been any independent investigation of commend the efforts of one of our col- the referendum is very much in doubt. recent atrocities including the atrocity leagues who is not here, the gentleman The people of East Timor know very at Liquica, the massacre in which over from Rhode Island (Mr. KENNEDY) for well the brutality of Indonesia. Since 50 civilians were killed in and around a his dedication and work on this issue. Indonesia illegally invaded and occu- church. As the closest Member to East Timor pied East Timor 24 years ago, 200,000 Notwithstanding the helpful presence and Indonesia, all the activities in East East Timorese have lost their lives to of members of the United Nations As- Timor is taken with a very strong political violence. Those 200,000 deaths sistance Mission in East Timor’s cap- sense of interest and concern in Guam. lend a haunting credence to the threats ital of Dili, the political atmosphere is And at a time when the people of East of the paramilitary bands. far from fair and peaceful, especially in Timor have a window of opportunity to Today we have an opportunity to rural areas where there is no inter- decide the future of their political sta- send a very different message to the national presence. Much more must be tus, we must do all that we can to en- people of East Timor. Today we can done and the Congress must send an sure that this process is unhindered join our colleagues in the Senate who unequivocal message to the Indonesian and reflective of the true desires of the voted unanimously last month to sup- military: Stop the violence. East Timorese. port disarming, the militia’s release of I would like to at this point, Mr. Although the language in this political prisoners, and a free ref- Chairman, enter into a colloquy with amendment is not as forceful as some erendum on independence for the peo- my good friend, the gentleman from of us would like, I believe it is an im- ple of East Timor. Nebraska (Mr. BEREUTER). portant step in demonstrating to the I urge all of my colleagues to support In addition to calling on the Presi- Indonesian government and the East the Bereuter amendment. dent and the Secretary of State to in- Timorese that the United States, the Mr. Chairman, I reserve the balance tensify their efforts to support self-de- American people, is committed to en- of my time. termination, the original draft of the suring a free and fair vote in East Mr. BEREUTER. Mr. Chairman, I gentleman’s amendment submitted to Timor. As the August vote nears, we yield 3 minutes to the gentleman from the Committee on Rules also men- may see yet a further escalation of the New Jersey (Mr. SMITH), a sub- tioned the Secretary of Defense, the intimidation tactics and violence em- committee chairman of the Committee Secretary of the Treasury and U.S. ex- ployed by the anti independence forces. on International Relations. ecutive directors to international fi- The passage of this amendment will Mr. SMITH of New Jersey. Mr. Chair- nancial institutions. I understand that send a strong message to the Indo- man, I thank my good friend for yield- those references were withdrawn for nesian government that these activi- ing this time to me, and I want to com- reasons of germaneness. However, ties cannot and will not be tolerated July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6043 and must cease. I am hopeful that the REUTER) as well as the gentleman from New Jersey (Mr. SMITH) and the gen- democratic principles will prevail in Rhode Island (Mr. KENNEDY). This is an tleman from Ohio (Mr. HALL) and may East Timor and that at the beginning important vote for democracy and free- others for their faithfulness. of the 21st century, we will witness the dom, and I ask all Members to support Mr. Chairman, I rise in support of the establishment of East Timorese leader- it. amendment being offered by Representative ship which is in line with the will of Ms. MCKINNEY. Mr. Chairman, I DOUG BEREUTER condemning ongoing vio- the people of East Timor. It is my ear- have no more speakers, and I yield lence in East Timor. nest hope that the August elections back the balance of my time. I visited East Timor in 1997 and found the will go on without intimidation and Mr. BEREUTER. Mr. Chairman, I island to be in a state of siege. The people that we stand not only for the elec- yield 1 minute to the gentleman from with whom I spoke were afraid to look me in tions, fair elections, free and fair elec- Ohio (Mr. KUCINICH). the eye. I heard stories of young people being tions without intimidation but for the Mr. KUCINICH. Mr. Chairman, I dragged away from their homes at night and principle of self-determination in East thank the gentleman for yielding this could sense the massive military presence Timor and around the world. time to me. that had kept the aspirations of the East Ms. MCKINNEY. Mr. Chairman I The Indonesian invasion and occupa- Timorese in check since 1974. I met with one yield 2 minutes to the gentleman from tion of East Timor has claimed over young man whose ear had been cut by secu- Rhode Island (Mr. WEYGAND). 200,000 lives. One-third of the total pop- rity officials and heard story after story of vio- Mr. WEYGAND. Mr. Chairman, I ulation has perished as Indonesia con- lence. want to thank the gentlewoman for tinues to violate international law and This year brought signs of hope when Presi- yielding this time to me as well as I act in defiance of the U.N. Security dent Habibie announced in January of his in- want to thank my colleague on the Council. We must not turn our backs. tention of allow for a referendum on the status Committee on Banking and Financial b 1315 of east Timor. For the first time, the people of Services the gentleman from Nebraska East Timor would be able to make their views (Mr. BEREUTER) and also, as mentioned This amendment makes it the sense known in a legitimate process monitored by before, my good colleague from the of Congress to seek democracy and the United Nations and a secret ballot. This State of Rhode Island (Mr. KENNEDY). peace in East Timor. The amendment was a very positive step forward and I person- Both of them have done enormous calls for the disarmament of anti-inde- ally wrote President Habibie commending this work to bring this resolution to the pendence militias, full access for action. floor. human rights monitors, and the right But once again, forces of darkness are con- I want to thank them particularly. of Timorese who have lived in exile to spiring to prevent a referendum from taking The gentleman from Rhode Island (Mr. return to their homes to vote. The pro- place. Paramilitaries, widely believed to be KENNEDY) has done an awful lot of visions set out in this amendment are armed and financed by the Indonesian mili- work not only for the East Timorese, necessary if we are to set this region tary, are roaming the island, threatening lead- but the Portuguese community down a road towards peace and justice. ers who are calling for independence and ter- throughout our State. He has been not This amendment lays the groundwork rorizing the population. Tens of thousands of only a hard worker, but a hero on these for ending the human rights atrocities East Timorese have been forced to flee their causes, and unfortunately, due to cir- that are committed daily in East homes and are hiding out in the hills and for- cumstances he is not able to be here, Timor. We cannot turn our backs on ests. Many people continue to die. I enclose but I want to congratulate him for this region. The time to act is now and for the record a recent article from the Wash- bringing this to the floor. the killing must stop, the injustice ington Post describing this situation. It is terri- Mr. Chairman, in my first term in must end and peace must come to the fying. Congress, I was visited by Constancio people of East Timor. The United Nations mission has been at- Pinto, who many of my colleagues may Mr. Chairman, I urge support for the tacked. U.N. monitors are restricted to the know him as a well-known leader in Bereuter amendment. Promote democ- capital city of Dili and have not been allowed the fight for liberty in East Timor. At racy, and let us start down that road to into the countryside where much of the vio- the time, Mr. Pinto was studying at lasting peace and justice. lence is taking place. Brown University in Providence, Rhode Mr. BEREUTER. Mr. Chairman, I am Several months ago, Congress heard the Island he came to the Hill to talk pleased to yield the remaining time to testimony of one young man who survived a about the atrocities in the situation the gentleman from Virginia (Mr. massacre in the village of LiquicËa on April 5± that has occurred in East Timor. WOLF). 6. He spoke of the violence, intimidation, terror His experiences, he told us about the (Mr. WOLF asked and was given per- and abuse that was taking place at the hands horrors not only done upon himself but mission to revise and extend his re- of the pro-integration paramilitary units in also upon his family and members of marks.) Timor. More than 200 people died. He barely his neighborhood and his community. Mr. WOLF. Mr. Chairman, I want to survived after being beaten over the head with The butchering, the slaughtering, and thank the gentleman from Nebraska a concrete block by his attackers. The police the kind of intimidation that was (Mr. BEREUTER) for his leadership on and plain clothes members of the Indonesian going on in East Timor would shock this, and all of the Members. There are government stood by and watched this attack most any person. He was, indeed, ar- so many, their names cannot be men- take place. I enclose a copy of his testimony rested and tortured himself in 1991 and tioned, but for the faithful necessary. for the record. into 1992, but he came back to talk I visited East Timor about 2 years The Bereuter amendment condemns para- about these atrocities and asked for as- ago, the sites, the scenes, the stories of military violence in East Timor, urges the im- sistance and help. slaughter and death which apparently mediate disarmament of all paramilitary units His meeting with us, he always asked is still taking place, even in a greater and urges that international human rights for us to allow for the East Timorese to amount. This resolution will help, and monitors be given free and open access in have the opportunity to vote on inde- I would hope, and I call on the adminis- order to prevent violence in the weeks leading pendence or autonomy. This resolution tration, Assistant Secretary Roth to up to the United Nations sponsored ref- does that but goes even a step further. take a high-level official from our DOD erendum. It requires and requests that there be a to go to Jakarta and also to go to East This amendment is very, very important. In- disarmament of the militia which are Timor to tell the Indonesian military donesia must get the message that its rela- the ones that are truly intimidating that if the violence continues, there tionship with the United States will not be fully the East Timorese people. This is an will be no support at all from the restored until a free and fair referendum takes atrocity that cannot occur in a demo- United States for their military. The place in East Timor. cratic government. We ask them to gentleman’s language I think sets up a For Jakarta, this could be a win/win situa- cease and desist in this effort so that good system whereby we can send that tion. The recent elections in Indonesia showed there can be a fair and open vote. message. tremendous progress and signs of hope. The Mr. Chairman, I want to applaud the Mr. Chairman, I thank the gentleman international community, and the American Member who brought this to the floor, from Nebraska (Mr. BEREUTER) and all people, are ready to move forward into a new the gentleman from Nebraska (Mr. BE- of the Members, the gentleman from era of U.S.-Indonesian cooperation. H6044 CONGRESSIONAL RECORD — HOUSE July 21, 1999 But, the United States should not fully em- displaced people.‘‘Some joined, because they can argue about the numbers, but the fact is, brace Indonesia until it does everything pos- didn’t want to die. Some ran into the hills. the population has been decimated.’’ sible to comply with the terms of the United Others were killed. They just killed them A trip to the region by three journalists right there, and left the bodies for others to confirmed the extent of the depopulation. Nations agreement set forth earlier this year collect.’’ Dozens of houses have been burned to ruin and cooperate with the United Nations mission Ian Martin, head of the U.N. mission in along a 30-mile stretch of road between the in East Timor (UNAMET). East Timor, known as UNAMET, said the towns of Likisia and Sarai. The area now The military leaders in Indonesia must rec- issue of displaced people is one of the biggest seems largely empty of people. ognize that the people of East Timor have a hurdles to overcome in ensuring a free and One village, called Guico, appeared espe- legitimate right to peacefully make their views fair vote next month. cially hard hit; all that remained from a mi- known about their political future. The Indo- He said they numbered ‘‘ten of thousands. litia attack were the frames of buildings and The nature of the problem is such that you a few collapsed corrugated tin roofs. On the nesian military must become a force for can’t hope to put a number on it.’’ wall of one burned-out shell of what may peace, rather than violence. Another relief agency, whose officials have been a guard shack, a scrawled line of Personally, I strongly oppose the resumption asked that their names and organizations graffiti reads: ‘‘Goodbye, Guico—you are a of a cooperative military relationship between not be published, put the number of dis- village that will always be in my memory.’’ the U.S. and Indonesia until there is a free, placed at ‘‘58,000 or more,’’ including 11,000 Some who fled have become so hungry and fair and bloodless referendum in East Timor. who have sought refuge in the territory’s weak after months in hiding that they have Congress has denied Indonesia the right to capital, Dili. begun the trek back home, despite the risk The three western districts where the BMP participate in the International Military Ex- of encountering the militia. This reverse holds sway are East Timor’s most populous movement is what aid groups and others say change Training Program (IMET) and the Joint provinces. The militias rule with virtual im- has made a precise count of displaced people Combined Exchange Training Program (JCET) punity here, and U.N. workers have been at- difficult. because of its concern about ABRI's role in tacked and threatened. And it is here that The journalists last week encountered a East Timor. We did this over the objections of the anti-independence militias have threat- group of 11 families making the return trip, the administration. I, and I know many of my ened to carve off the western provinces and after hiding in the forest since February. colleagues share this view, do not support re- partition the territory, if East Timor votes They came along the road with their belong- suming either of these programs until after the for independence. ings tied to their backs, piled in wheel- Last May, Indonesia signed an agreement barrows, and strapped on horseback—plastic referendum takes place. at the United Nations setting up the August containers and wicker mats, machetes for This message must be relayed regularly and referendum that most analysts say is likely cutting wood and a few burlap sacks. forcefully by high-ranking administration offi- to lead to approval of independence, almost Among the group was a 28-year-old woman cials. I enclose for the record a copy of my re- 24 years after Indonesian troops invaded the named Akalina, traveling with her husband, cent letter to Stanley Roth urging him to visit territory and began a violent occupation and a 1-month old baby who was listless and East Timor before the referendum. I have sug- that has killed about 200,000 people. But even underweight. gested that he take with him a high-ranking while agreeing to hold the ballot, the Indo- ‘‘If we stayed in the forest any longer, we wouldn’t have enough to eat,’’ she said. military officer, such as Commander in Chief nesian military since the beginning of the year has been arming and supporting as U.N. Secretary General Kofi Annan decided of the Pacific Fleet Admiral Blair, so that there many as 13 militia groups like the Red and to allow voter registration to begin July 16 is no doubt in the mind of the General Wiranto White Iron, which have been terrorizing and despite the problem of the displaced people. and the rest of the Indonesian military about trying to intimidate people into voting to re- Even taking the lowest estimates, they rep- our intentions. The message must be clear: main a part of Indonesia. resent more than 10 percent of the voting there will be military cooperation between the ‘‘On the face of it, it seems they want to population of around 400,000. force people to vote for autonomy [and To make sure the displaced are not left U.S. and Indonesia until a free and fair ref- out, the world body is considering mobile erendum takes place in East Timor. against independence], so they use violence, terror, even money,’’ said Aniceto Gutteres voting registration teams that will seek This amendment is a step in that direction. Lopes, a Timorese lawyer who heads the them out. If they have lost their identity I support the Bereuter amendment and urge Legal Aid, Human Rights and Justice Foun- cards or other documents, the refugees will my colleagues to vote in favor of it. dation in Dili. be able to sign an affidavit when they reg- [From the Washington Post, July 20, 1999] Gutteres said his group has data putting ister. In addition, the Japanese government has THOUSANDS FLEE HOMES IN E. TIMOR the number of displaced people as high as 60,000. ‘‘People are unable to stay in one lo- given 2,000 portable radios to UNAMET, and (By Keith B. Richburg) cation,’’ he said. He also said his office has David Wimhurst, the U.N. spokesman in Dili, FAULARA, INDONESIA.—Army-backed mili- received consistent reports of displaced peo- said some of those will be allocated to the tias have forced tens of thousands of East ple, mostly women, children and the elderly, displaced people. Timorese villagers from their homes—shov- who have been forced out of East Timor, For the moment, the displaced people here ing some over the border into other parts of across the border to the town of Atambua, in at Faulara are interested mainly in survival, Indonesia—in a campaign apparently aimed West Timor, which is part of Indonesia. The and that means staying alert, being ready to at influencing the outcome of next month’s men, he said, ‘‘are left behind and forced to move when necessary, and keeping one step United Nations-sponsored referendum on join the militia.’’ ahead of the militias. independence for the territory. Villagers appeared to confirm reports of a The United Nations, human rights groups campaign to prevent large numbers of East MASS KILLING IN LIQUICA and aid agencies have estimated that be- Timorese from voting. Santiago, 20, wearing INTRODUCTION tween 40,000 and 60,000 people have been driv- a ripped white T-shirt, shorts and a herded- First I would like to express my sincere en from their homes, with thousands being band, and armed with a machete, recalls how gratitude to the people and government of held in town centers as virtual hostages to 30 people from his village were headed the US for this invaluable opportunity to the militias, who hold indoctrination classes away—including his mother and father. give a testimony about the suffering experi- instructing them to vote against independ- ‘‘They took them away in an army truck,’’ enced by the people of Timor Leste. ence. The militias have confiscated radios to he said. ‘‘All the men were killed. Only the My name is Francisco de Jesus da Costa. I ensure that the villagers have no access to women and old people were spared.’’ He said am one of the victims and witnesses of the outside information about the ballot, say the militiamen told them their relatives massacre committed by the Indonesian Mili- U.N. officials, aid workers and some of the were being moved across the border. And tary (TNI) in Liquica who managed to escape displaced people. now Santiago and his friend, Maumeta, death. Some of the people have fled into the sur- where standing along the road, on watch for Before the bloody incident, the TNI and rounding hills and forests where they are any sign of militamen approaching. the paramilitary had engaged in various suffering from lack of food and medicine and Dan Murphy, an American doctor working forms of violence such as intimidation, ter- outside the reach of aid agencies. Many of in Dili, was on the only aid convoy that went ror, abuse, and killing in Liquica. They per- those in the forests and camped along road- into the area to find displaced people. The petrated these horrible acts to pressure and sides said they fled after being told they convoy, including several U.N. vehicles, was coerce people to choose the autonomy plan would be killed if they did not join the mili- attacked by a militia outside Likisia on the offered by the Indonesian government. The tia, known in this area as the Besi Merah return trip. ‘‘The militias destroy any targets of this terror and killing are the Putih (BMP), which means Red and White radio,’’ he said. ‘‘You’ve killed or punished if leaders of the pro-independence movement Iron, after the colors of the Indonesian flag. you listen to a radio. The only information and their followers. The terror had created ‘‘They came and said you all have to be- they want you to have is what they tell an atmosphere of intense fear among the come Besi Merah Putih or you die,’’ said you.’’ community and caused waves of refugees in Laurendo, 28, interviewed along the road in ‘‘Western [East] Timor is decimated,’’ Mur- different numbers to look for a safer place to the Sarai area in the western portion of the phy said. ‘‘The entire population has just live. Usually the people feel more secure in territory, which is now home to about 3,500 spread, running through the jungles . . . You the churches. July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6045 In sub-district Liquica where I come from, continued to help the militia by shooting at Hereby our testimony to the people and the terror reached its peak with the mass the hundreds of people who could not get government of the US. Again thank you very killing on April 6, 1999. Before I come to the into the priest’s house because it was much for your kind attention. main part of my testimony, I’ll describe the jammed with paniked people. This horrifying My best regards, Francisco de Jesus da incident on April 5, 1999 which caused seven attack continued until 5:30 PM. The Police Costa. people to die. did not do anything toward the militia who A. 5 APRIL 1999 slaughtered the people. JUNE 23, 1999. Along with some other people, I hid in the The militia which is based in Maubara vil- Hon. STANLEY ROTH, priest’s dining room during the killing out- Assistant Secretary, East Asian and Pacific, lage, about 15 kilometers from the town of side. Around five in the afternoon I was Liquica, attacked the pro-independence peo- U.S. Department of State, Washington, DC. forced to go out to save myself. At that mo- DEAR AMBASSADOR ROTH: I received a brief- ple and their leaders in Liquica. At the bor- ment the militia beat me with a concrete ing from my staff about the meeting in Rep- der of Liquica and Maubara they encoun- block and jabbed my head. Later on I real- resentative Frank’s office. I appreciate your tered the pro-independence people. In this ized that there were about six wounds in my taking time to come up to the Hill to discuss clash the TNI and the militia killed two ci- head. I was very lucky that I could escape issues related to East Timor and apologize vilians and injured seven others. death because a police friend whom I hap- At 09:00 AM the militia backed by the TNI for not being there. I was in an Appropria- pened to know saved me. tions Committee markup. My staff informed moved toward Liquica town and along the When I was outside I saw dead bodies scat- way they terrorized just about everybody me that meeting was very useful and that tered on the ground, children, women, young the administration seems to be more they encountered. and old people. I was walking among those Around 02:00 PM they arrived in Liquica proactive in protesting the violence and corpses. I estimated that there were about pushing for an international presence in East town and they were accompanied by Indo- 200 bodies at that time. nesian troops who sent random shots. This Timor. I commend you for your leadership. The police who saved me took me to the We really cannot do too much to encourage action terrorized the population and made Mobil Brigade vehicle and I was taken to the a free and fair referendum in East Timor. some of them fell to the residence of Father house of the district head with more than 30 People are dying, as you know well, and we Rafael and some others ran away to the jun- people who were injured. We received an must not let up the pressure before the vote. gle to save themselves. About 1000 people emergency treatment from a nurse at the I think it may be beneficial for you to visit gathered at the Father’s residence. house of the sub-district head. We were co- East Timor before the referendum and to An hour later the TNI and paramilitary erced to promise to choose autonomy during take with you a high-ranking military flag troops terrorized the whole town of Liquica the ballot. The sub-district head ordered us officer such as Admiral Dennis Blair, Com- by burning people’s houses, taking way the to raise the red and white flag once we re- mander-in-Chief of the U.S. Pacific Com- vehicles owned by the supporters of inde- turned to our house. I returned to my house mand, Lieutenant General Edward P. Smith, pendence and other forms of violence. but the situation was so unsafe that I de- commanding general of the U.S. Army Pa- Around five in the evening, the para- cided to stay for the night at the house of cific region or another comparably ranked military and the TNI killed a man, Laurindo the policeman. On Thursday I went to Dili to official. (48) and his son, Herminho (17), and then get treatment for my wounds. they took their car to terrorize other people The people who were still alive and wound- I am pleased that U.S. military officials in the town. After committing this atrocious ed were taken to various places, including and high-ranking administration officials act, they killed another two civilians at the the sub-district and district military head- have been talking to General Wiranto and house of the village chief of Dato. Around quarters, the police office and the house of others about Indonesian military abuses in seven in the evening they kidnapped another the district head. While the dead bodies were East Timor. I think a visit by you and a man, Herminho do Santos (38), a worker at taken away by the military vehicles and military officer at this time would help rein- the Public Water Office, and killed him later thrown out in unknown place. Until now force that message and let them know, on at night. those corpses are not yet returned to their again, how important a free and fair ref- erendum, without violence and intimidation, B. 6 APRIL 1999 families for proper burial. From the above story I want to emphasize is to the United States government. At 06:00 AM the Red and White Iron Rod Thank you again for taking time to meet (BMP) militia began to launch provocation several things: 1. The Liquica incident was a mass killing with us. Best wishes. and terror against the refugees at the resi- ¸ of unarmed civilians. This massacre was FRANK R. WOLF, dence of Father Rafael dos Santos. Member of Congress. Around 8:30 AM the BMP paramilitary committed by the Indonesian Military. 2. It can be said that the Indonesian mili- threw stones at the refugees gathering inside Mr. MCGOVERN. Mr. Chairman, I rise in tary was both the brain and the actor of the the priest residence and this caused two peo- strong support of the Bereuter amendment on massacre. They openly supported the militia. ple injured. This act continued until around 3. According to an Indonesian military offi- East Timor. This tiny country, so long re- 11:00 AM. cial, five people died in this massacre. The pressed, is facing an historic moment to deter- After that one of the leaders of the militia, church (Bishop Belo) said that 25 people died. mine its own future, but only if the Govern- Eurico Guterres, came to see the priest and But, to me who escaped the massacre and ment and military of Indonesia allow for free offered a peaceful solution. The priest took witnessed it as well, I doubt the numbers the offer. Eurico then went to pass on the and fair elections to take place at the end of they announced. I believe that more than 200 message about the agreement to the leader August. It is critical that Congress express its people died on that day. support for the upcoming plebiscite on inde- of the BMP, Manuel Sousa, and the head of 4. None of the bodies of the victims have Liquica¸ district, Leonito Martins. It turned been returned to their families for proper pendence or autonomy in East Timor, and out that both Manuel Sousa and Leonito burials. presses the Indonesian government to remove Martins rejected the agreement made be- 5. All the brutal actions perpetrated by the Indonesian military forces from East Timor, tween the priest and Eurico Guterres. militia and the Indonesian troops, whether it disarm anti-independence paramilitary groups Around 12:30 PM four trucks full with sol- be terror, intimidation or massacre, are in- and keep them from interfering with a free and diers and two cars with police from the spe- tended to threaten the people to choose inte- cial force Mobil Brigade came to the area. fair vote. gration with Indonesia or autonomy under Last week, on Tuesday, July 135, the The military were stationed at the local Indonesian rule. army headquarters (Kodim), while the police In this golden opportunity I would like to United Nations Security Council called upon were around the location of incident. pass on some demands to the international Indonesia to urgently improve security in East At 1:30 PM the police attempted to drive community and to the government and the Timor where violence threatens to halt the away the militia troops from the sur- people of the US: U.N.-sponsored August plebiscite. United Na- rounding of the priest’s residence but the mi- 1. We call for the UN and especially the US tions Secretary General Kofi Annan has al- litia ignored it. They showed their insistence government, to pressure the Indonesian gov- ready had to postpone the ballot once from to attack us at the house. ernment and the TNI to remove the weapons August 8th to August 21st. The start of voter Around 2:00 PM the militia with the sup- they supplied to the militia who committed port of the plain-clothes members of the In- terror, intimidation and killing of the un- registration was pushed back from Tuesday, donesian army attacked the refugees in the armed civilians in Timor Leste. July 13th, to Friday, July 16th, because of vio- house of Father Rafael. The plain-clothes 2. We demand that the U.S. government as lence that included militia attacks against military shot the people from outside the the member of the UN Security Council to be United Nations staff and observers. fence of the priest’s house, while the BMP more active in pressuring the Indonesian On Wednesday, July 14th, U.S. Assistant militia rushed into the residence. They government and its military to create a safe Secretary of State for Asian Affairs Stanley started to beat, stab and hack the people in- and secure condition for carrying out the Roth warned the Indonesian government side the priest’s house. The police threw ballot in Timor Leste this coming August. some tear gas bomb at the thousands people. 3. We demand that the US government about the consequences of failing to bring The effect of this tear gas benefited the mili- pressure the Indonesian government and its under control the pro-Jakarta militias that have tia because they could easily butcher the ref- military forces to respect the rights of the killed scores of civilians and attacked U.N. ugees. Meanwhile the plain-clothes military East Timorese to self determination. personnel. H6046 CONGRESSIONAL RECORD — HOUSE July 21, 1999 According to the U.S. Catholic Conference No. 26 printed in part B of House report (A) chapter 4 of part II of the Foreign As- Office of International Justice and Peace, the 106–235. sistance Act of 1961 (relating to the economic support fund), situation in East Timor has sharply deterio- AMENDMENT NO. 26 OFFERED BY MR. GOODLING rated in recent months, with hundreds killed in (B) chapter 5 of part II of that Act (relat- Mr. GOODLING. Mr. Chairman, I ing to international military education and paramilitary violence aimed at disrupting the offer an amendment. training), or referendum. As emphasized in a June 10, The CHAIRMAN. The Clerk will des- (C) the ‘‘Foreign Military Financing Pro- 1999 statement, Archbishop McCarrick, Chair- ignate the amendment. gram’’ account under section 23 of the Arms man of the USCC International Policy Com- The text of the amendment is as fol- Export Control Act. mittee said: ``Thus far this year, the people of lows: (e) EFFECTIVE DATE.—This section takes ef- East Timor have experienced a level of vio- fect upon the date of the submission to the Part B Amendment No. 26 offered by Mr. lence not seen since the 1970s when Indo- Congress of the report pursuant to section GOODLING: 406 of the Foreign Relations Authorization nesian forces invaded and annexed the terri- Page 84, after line 16, insert the following tory. Rampaging groups of armed militias have Act, Fiscal Years 1990 and 1991, that is re- new title: quired to be submitted by March 31, 2000. committed numerous atrocities upon mostly TITLE VIII—PROHIBITION ON ASSISTANCE unarmed, pro-independence communities and The CHAIRMAN pro tempore. Pursu- TO COUNTRIES THAT CONSISTENTLY ant to House Resolution 247, the gen- individuals * * * On April 6, dozens of people OPPOSE THE UNITED STATES POSITION tleman from Pennsylvania (Mr. GOOD- were shot and hacked to death at the Catholic IN THE UNITED NATIONS GENERAL AS- church in Liquica, a massacre Bishop Carlos SEMBLY LING) and a Member opposed each will control 5 minutes. Ximenes Belo of Dili has likened to that at the SEC. 801. PROHIBITION ON ASSISTANCE TO Santa Cruz Cemetery in 1991 * * * Through- COUNTRIES THAT CONSISTENTLY The Chair recognizes the gentleman out the territory, armed members of the dozen OPPOSE THE UNITED STATES POSI- from Pennsylvania (Mr. GOODLING). or so local militias that have sprung up in the TION IN THE UNITED NATIONS GEN- Mr. GOODLING. Mr. Chairman, I ERAL ASSEMBLY. yield myself such time as I may con- months after B.J. Habibie became president of (a) PROHIBITION.—United States assistance Indonesia a year ago have waged a relentless may not be provided to a country that con- sume. campaign of intimidation and violence directed sistently opposed the United States position I offer a very common sense amend- at those thought to favor independence.'' in the United Nations General Assembly dur- ment. It basically says that if one can- Clearly a campaign of violence, of intimida- ing the most recent session of the General not vote with us 25 percent of the time tion, of terror is being fostered by the Indo- Assembly. in the United Nations, not 50, not 75, nesian military and anti-independence para- (b) CHANGE IN GOVERNMENT.—If— but 25 percent of the time in the United military groups operating inside of East Timor. (1) the Secretary of State determines that, Nations, we do not send any military Over 40,000 East Timorese have fled their since the beginning of the most recent ses- aid. sion of the General Assembly, there has been Now, it is sheer arrogance for Mem- homes and farms, raising again the specter of a fundamental change in the leadership and hunger that devastated much of the island in policies of the government of a country to bers of Congress to say to the Amer- the late 1970s. While some of the internally which the prohibition in subsection (a) ap- ican public that we will send arms to displaced persons are in centers assisted by plies, and countries who do not believe in the im- the Catholic Church's CARITAS workers, (2) the Secretary believes that because of portance of human rights, who do not many are without any help and need the pro- that change the government of that country believe in freedom and democracy, who tection and relief that could be provided by the will no longer consistently oppose the United do not believe in anything that we be- international committee of the Red Cross, if it States position in the General Assembly, lieve in the United States, and we will were allowed to enter in sufficient numbers. the Secretary may exempt that country send military arms so that they, in Increased international pressure is urgently from that prohibition. Any such exemption fact, can use them back against our needed to address this situation, both to pro- shall be effective only until submission of own men and women. It is just as sim- vide relief and an international presence to di- the next report under section 406 of the For- eign Relations Authorization Act, Fiscal ple as that. minish the attacks and violence by paramilitary Years 1990 and 1991 (22 U.S.C. 2414a). The Sec- Now, there are people who are going groups, which are acting with the support and retary shall submit to the Congress a certifi- to say, oh, we are targeting this coun- tolerance of the Indonesian military. United cation of each exemption made under this try; we are targeting that country. I Nations monitors have been attacked and not subsection. Such certification shall be ac- am not targeting any country. It is not allowed to travel outside of Dili into the coun- companied by a discussion of the basis for retroactive. I am telling them up front, tryside. Unless the violence is brought under the Secretary’s determination and belief in advance, it is not retroactive, so we control and the militias disbanded, the condi- with respect to such exemption. are not targeting any country. Then tions essential for a fair and free vote will be (c) WAIVER AUTHORITY.—The Secretary of State may waive the requirement of sub- they will say, well, the amendment seriously lacking. would cut off millions of dollars of de- I want to thank the gentleman from Ne- section (a) if the Secretary determines and reports to the Congress that despite the velopment assistance to needy people braska [Mr. BEREUTER] for bringing this United Nations voting pattern of a par- around the world. Nonsense. It does not amendment to the floor of the House today. I ticular country, the provision of United touch humanitarian aid. It does not also want to thank Congressmen PATRICK States assistance to that country is nec- touch developmental assistance. It is KENNEDY and RICHARD POMBO who coordinate essary to promote United States foreign pol- strictly military assistance. the Portuguese Issues Caucus for keeping the icy objectives. The next thing they will say is we (d) DEFINITIONS.—As used in this section— East Timor situation in the forefront of Con- will tie the President’s hand in the gressional advocacy and supporting human (1) the term ‘‘consistently opposed the United States position’’ means, in the case of conduct of foreign policy. Nonsense. rights, democracy and self-determination for There are waivers in there. If the Presi- suffering people. a country, that the country’s votes in the United Nations General Assembly coincided dent believes it is in our best interest The United States government and the Con- with the United States position less than 25 to do what he believes is important, gress must do everything possible to ensure percent of the time, using for this purpose the waiver is there, and he can do it. this historic moment is not lost. The East the overall percentage-of-voting coinci- Then we will hear that we are only Timorese people have a right to determine dences set forth in the annual report sub- considering a select number of votes. their own destiny through a free and fair ballot mitted to the Congress pursuant to section Again, we are considering all votes ex- on autonomy or independence. 406 of the Foreign Relations Authorization I urge my colleagues to support the Bereu- Act, Fiscal Years 1990 and 1991; cept consensus votes in the United Na- ter amendment. (2) the term ‘‘most recent session of the tions. Mr. BEREUTER. Mr. Chairman, I General Assembly’’ means the most recently So I cannot imagine anybody being yield back the balance of my time. completed plenary session of the General As- able to tell the American people that The CHAIRMAN pro tempore (Mr. sembly for which overall percentage-of-vot- we are so arrogant that we will spend ing coincidences is set forth in the most re- BARRETT of Nebraska). The question is their tax money to send military arms cent report submitted to the Congress pursu- to rogue nations, to nations who are on the amendment offered by the gen- ant to section 406 of the Foreign Relations tleman from Nebraska (Mr. BEREUTER). Authorization Act, Fiscal Years 1990 and going to use them back against us, to The amendment was agreed to. 1991; and nations who support terrorism around The CHAIRMAN pro tempore. It is (3) the term ‘‘United States assistance’’ the world. It is not retroactive; it is up now in order to consider Amendment means assistance under— front. Either they can find a way to July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6047 agree that 25 percent of the time we stress that humanitarian aid and devel- nomic interests would be sacrificed to the are right, or they get no military aid. opment assistance would not be af- mostly symbolic indicator of General Assembly Mr. Chairman, I reserve the balance fected. votesÐoften on issues of peripheral impor- of my time. Many of my constituents question tance. The CHAIRMAN pro tempore. Is the the amount of money the U.S. spends In practical terms, this amendment would gentlewoman from Georgia (Ms. on foreign aid anyhow, including the serve as a symbolic slap at India, the world's MCKINNEY) opposed to the amendment? billions we send to the United Nations. largest democracy, a country that is moving Ms. McKINNEY. Yes, I am, Mr. They question why we continue to send forward with historic free-market reforms that Chairman. money to an organization wherein offer tremendous opportunities for American The CHAIRMAN pro tempore. The many of the recipients of that aid rou- trade and investment. At a time when Con- gentlewoman from Georgia is recog- tinely vote against U.S. interests. And gress is working on a bipartisan basis to lift nized for 5 minutes. according to the statistics compiled by the unilateral sanctions imposed on India last Ms. McKINNEY. Mr. Chairman, I the State Department, that is the case. year, enactment of this provision would set yield 11⁄2 minutes to the gentleman While the United States sends mili- back much of the progress we have been from New York (Mr. ACKERMAN). tary assistance to fewer nations who making. It would be seen as a purely punitive (Mr. ACKERMAN asked and was oppose our interests in the U.N. than it action, creating an atmosphere of distrust that given permission to revise and extend did just a few years ago, we have fur- would make it much more difficult for us to his remarks.) ther to go. If we are cutting popular achieve vitally important goals. Mr. ACKERMAN. Mr. Chairman, oh, programs at home to remain under Mr. Chairman, the vast majority of Resolu- that I wish it was as simple as the pro- budget caps, the American people tions adopted by the General Assembly are ponent of the amendment suggests. should be able to expect that foreign adopted by consensus. When you count those This is not a simple amendment. This aid takes a fair share of its cuts. The votes, India votes with the U.S. 84 percent of is plain and simple and surely an Goodling amendment is one excellent the time. If you look at the votes identified as amendment to bash India and another way to prioritize our foreign aid dol- ``important'' by our State Department, including attempt to do that in a long series of lars, and I urge its adoption. the consensus votes, India is with us 75 per- failed attempts over the last several The CHAIRMAN pro tempore. The cent of the time. years. gentleman from Pennsylvania (Mr. India also cooperates with the U.S. in a Sure, it would be easy and nice to say GOODLING) has 2 minutes remaining; wide range of other U.N. activities, ranging well, they should vote with us at least the gentlewoman from Georgia (Ms. from health issues to cultural and scientific 25 percent of the time at the United MCKINNEY) has 31⁄2 minutes remaining. matters. India has sent significant troop contin- Nations. Well, guess what? India does Ms. MCKINNEY. Mr. Chairman, I gents to various peace-keeping missions that. Mr. Chairman, 77 percent of the yield 1 minute to the gentleman from around the world, serving as a partner to fur- votes in the United Nations, 70 percent New Jersey (Mr. PALLONE). ther our mutual interests. of the time that they have an issue, it Mr. PALLONE. Mr. Chairman, this is But the U.N. is only a small part of the story is done by consensus, with the agree- nothing more than a slap in the face to of how the United States and India work in ment of India, along with the United India. The bottom line is, when did partnership and friendship in ways that help States and the other people rep- anyone decide that the votes in the the people of both of our countries. Passage resented in the United Nations. What general assembly, which many people of this amendment would create a poisonous the gentleman refers to as only some in this body consider almost irrelevant, atmosphere that would set back these other recorded votes are quite different than are a basis for deciding whether or not efforts. all of the matters considered by the a country is a friend or a foe of the Most of the other countries that would be af- United Nations. United States? I do not need to men- fected by this amendment are already barred Votes in the United Nations on U.S. tion this again, but the gentleman’s from receiving U.S. assistance under various aid should not be used to reward some- amendment refers to recorded votes. If sanctions, many of which have been on the body in order to bribe them to vote the we count all votes in the general as- books for decades. Thus, realistically, we're way we think. India is a thriving de- sembly, India votes with the U.S. 84 talking about cutting $130,000 in IMET funding mocracy, the world’s largest democ- percent of the time. If we count impor- to one country, India, a democracy that shares racy. tant votes by the State Department, many of our values and interests and works In addition to that, this would be a India is with us 75 percent of the time. with us in countless positive ways. terrible time to send that message. This is just a way to configure largely Mr. Chairman, India and the United States This would ironically reward Pakistan, irrelevant votes in the general assem- have a great stake in working for improved re- that has just invaded India’s side of the bly to try to say that India is bad. lations. We should focus on the significant line of control in Kashmir and Jammu. Well, my friends, India and the issues that unite us, and not the minor dis- When India has exercised complete United States have a lot in common. agreements. I urge my colleagues to defeat constraint as the world’s newest nu- We have a lot of business interests and the Goodling Amendment. clear power and handled itself admi- trade interests in India; and India, in Mr. GOODLING. Mr. Chairman, I rably and appropriately in the eyes of fact, in the last few weeks if we look at yield 1 minute to the gentleman from the whole international community, what has happened in Kashmir, India Ohio (Mr. TRAFICANT). what a horrible message for us to send was attacked, Pakistan was the aggres- Mr. TRAFICANT. Mr. Chairman, I out now. India has been our friend; sor, and the United States and the support the Goodling amendment. It is they are progressing as a democracy. President clearly pointed out that about time that we stop giving our The gentleman’s amendment would cut Pakistan should withdraw and that money and support to countries that in off even the economic support fund, if India showed restraint and cooperated crunch time do not support us. Reports he reads his own amendment, and that with the United States in that conflict. today show, for example, that Russia would be a terrible thing to do. This is not the time to send a vote has given some of our foreign aid to Mr. GOODLING. Mr. Chairman, I that refers to these irrelevant votes in Iran to develop a missile that could hit yield 11⁄2 minutes to the gentleman the general assembly. Oppose the Good- America. I think the gentleman from from North Carolina (Mr. BALLENGER). ling amendment. Pennsylvania (Mr. GOODLING) is on tar- Mr. BALLENGER. Mr. Chairman, I Mr. Chairman, I believe this amendment is get. We have the United Nations; we want to speak in support of the amend- unnecessary and potentially destructive to have recorded votes. Those recorded ment of my good friend, the distin- U.S. interests internationally. According to the votes are of significance and in signifi- guished gentleman from Pennsylvania amendment, the sole method for determining cant moments those countries that get (Mr. GOODLING) which, as he has ex- how pro- or anti-U.S. a country is would be our money that are not with us should plained, would withhold military as- how the country votes in the United Nations think twice. sistance from countries that do not General Assembly. This is a largely irrelevant I support this amendment, and I support the U.S. position in at least 25 way of determining who our friends and foes think our policies are foolish and mad- percent of the votes before the United are. Under the Goodling Amendment, all of dening, that we continue to buoy up Nations General Assembly. Let me our other diplomatic, political, strategic or eco- our opposition. H6048 CONGRESSIONAL RECORD — HOUSE July 21, 1999 I was elected to the Congress of the ment. What it would do would handcuff ability to achieve these long-sought re- United States, not the United Nations; the administration in dealing with the forms. In short, I believe that its prac- and if these countries on recorded most populous democracy on this plan- tical effect is penny-wise and pound- votes are not with us, then by God, we et. foolish. should not be with them financially. Some time in the last month or this (Mrs. MALONEY of New York asked Ms. MCKINNEY. Mr. Chairman, I month, this world becomes a 6 billion and was given permission to revise and yield myself such time as I may con- person planet. We are talking about a extend her remarks.) sume. country that has 1 billion people. We Mrs. MALONEY of New York. Mr. Mr. Chairman, our security assist- are talking about American national Chairman, I rise in opposition to the ance ought to be about U.S. security interests, and when we look at the Goodling amendment. and not about the United Nations. This United Nations most of what happens Mr. GOODLING. Mr. Chairman, I amendment unfortunately establishes is by consensus. Do not hamstring this yield myself the balance of my time. an iron link between a country’s voting or future administrations by a stand- Mr. Chairman, let me again empha- pattern in the U.N. and whether or not ard that really does not measure co- size that all this amendment says is it could receive security assistance operation. that they have to vote with us 25 per- from our country. While I understand In the United Nations, most of what cent of the time in the General Assem- the value of working to obtain greater happens is by consensus. This is a bad bly if they want our military aid. support for our positions in the general amendment that would harm the rela- Otherwise, if they cannot vote with assembly, this is the wrong way to go tionship we have with the most popu- us 25 percent, obviously along the line about it. We should give security as- lous democracy on this planet. Think they are going to be using that same sistance based on whether or not this of a challenge of running a democratic military aid against us or they are assistance contributes to the security government with a billion people on it. going to give it to some rogue nation of the United States. That decision has It is a bad amendment. It ought to be to use it against us. absolutely nothing to do with how a defeated. Let me also remind my colleagues country votes at the U.N. I urge my colleagues to join those of that the waiver is big enough that the If this amendment passes, we could us who recognize the folly in this be restricted in providing security as- President or the Secretary of State can amendment to reject it and reject it drive a truck through it. So if it has sistance even when it makes our citi- strongly. I commend those who have zens safer. That makes absolutely no anything to do with protecting our se- spoken against it. curity, he is protected. But for good- sense. Mr. ACKERMAN. Mr. Chairman, I Mr. Chairman, I reserve the balance ness sakes, respect for human rights, ask unanimous consent for 2 additional respect for freedom, democracy, re- of my time. minutes divided equally so that we spect for individual rights, I cannot The CHAIRMAN pro tempore. The could afford the distinguished chair- imagine how we could possibly vote gentleman from Pennsylvania (Mr. man of the full committee one of those against that. GOODLING) has 1 minute remaining; the minutes. Let us not be arrogant and tell the gentlewoman from Georgia (Ms. The CHAIRMAN pro tempore (Mr. 1 American public we do not care what MCKINNEY) has 1 ⁄2 minutes remaining. BARRETT of Nebraska). Is there objec- Mr. GOODLING. Mr. Chairman, I tion to the request of the gentleman they think about how we spend their yield myself the balance of my time. from New York? taxpayers dollars. We want to tell Let me make it very clear, we are There was no objection. them that, yes, we do have respect for talking about the security of the Mr. GEJDENSON. Mr. Chairman, I what they believe and what we believe United States. Let me talk about some yield to the gentleman from New York is we should not support any rogue na- of the votes. U.N. embargo of Cuba. (Mr. GILMAN), the chairman of the com- tion who is going to take care of us at How about coercive economic meas- mittee. a later time or could, and we are think- ures. How about International Atomic (Mr. GILMAN asked and was given ing about our national security, not Energy Agency report. How about nu- permission to revise and extend his re- someone else’s. It is our money; not clear testing in south Asia. How about marks.) someone else’s. a new agenda for nuclear disarmament, Mr. GILMAN. Mr. Chairman, I rise in The CHAIRMAN pro tempore. The human rights in Iraq, in Iran, human opposition to the amendment offered question is on the amendment offered rights in former Yugoslavia, human by the distinguished gentleman from by the gentleman from Pennsylvania rights in Kosovo. All of those deal with Pennsylvania (Mr. GOODLING). While (Mr. GOODLING). our security. There is no question well-intentioned and aimed at pro- The question was taken; and the about it. tecting our interests at the U.N., its Chairman pro tempore announced that Again, there is a waiver there. If it is implementation would only harm our the ayes appeared to have it. in our interests in the United States in ability to conduct multilateral diplo- Mr. GEJDENSON. Mr. Chairman, I order to do something contrary to this macy. With its arbitrary targets for demand a recorded vote. amendment, the waiver is there, the foreign aid cutoffs for those countries The CHAIRMAN pro tempore. Pursu- President uses that waiver, and the failing to support our positions in the ant to House Resolution 247, further Secretary of State uses that waiver. General Assembly votes, it is likely to proceedings on the amendment offered We are talking only about military end up undercutting our relations with by the gentleman from Pennsylvania assistance which someday may come key nations in South Asia and Latin (Mr. GOODLING) will be postponed. back to kill American young men and It is now in order to consider amend- women, and we are arrogant enough in America. At a time when we are trying to cur- ment No. 27 printed in part B of House the United States Congress to say, we tail proliferation around the world and Report 106–235. will take taxpayers’ money and do with advance our vital interests, such as AMENDMENT NO. 27 OFFERED BY MR. CONDIT it whatever we want. We do not care stopping the flow of narcotics into the what the public has to say. Mr. CONDIT. Mr. Chairman, I offer I do not know what country might be United States, we should not put any an amendment. caught in a web because it is not retro- additional roadblocks in the way of our The CHAIRMAN pro tempore. The active, and my minister, as a matter of diplomats trying to accomplish these Clerk will designate the amendment. fact, is a wonderful gentleman from important objectives. The text of the amendment is as fol- India. In the near future, we will be at- lows: Ms. MCKINNEY. Mr. Chairman, I tempting to put a U.N. reform package Part B amendment No. 27 offered by Mr. yield the balance of my time to the together whereby we will be paying our CONDIT: gentleman from Connecticut (Mr. arrearages to the U.N. in return for the Page 84, after line 16, insert the following: GEJDENSON). implementation of significant reforms TITLE VIII—FOREIGN ASSISTANCE inside the world body and the U.N. spe- REPORTING REFORM b 1330 cialized agency. SEC. 801. SHORT TITLE. Mr. GEJDENSON. Mr. Chairman, this I am concerned that the adoption of This title may be cited as the ‘‘Foreign As- is a particularly ill-advised amend- this amendment would undercut our sistance Reporting Reform Act of 1999’’. July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6049 SEC. 802. PROHIBITION ON FOREIGN ASSISTANCE of when such assistance will no longer The agencies have to do a much bet- AND CONTRIBUTIONS UNLESS CER- be needed. ter job making sure that every Member TAIN REPORTING REQUIREMENTS ARE MET. This amendment is about trans- of Congress, when he or she has a ques- Chapter 1 of part III of the Foreign Assist- parency. I am concerned that our for- tion about how that money is spent, ance Act of 1961 (22 U.S.C. 2351) is amended— eign assistance process be as trans- that those answers are presented in a (1) by redesignating the second section parent as possible and that the Con- timely manner. Members of Congress 620G (as added by section 149 of Public Law gress be held accountable for all U.S. should not be left in the dark about 104–164 (110 Stat. 1436)) as section 620J; and foreign assistance. these expenditures, and we have to (2) by adding at the end the following: Mr. Chairman, I yield to the gen- make sure the agencies increase their ‘‘SEC. 620K. PROHIBITION ON FOREIGN ASSIST- ANCE AND CONTRIBUTIONS UNLESS tleman from Connecticut (Mr. GEJDEN- effort to make sure Members are in- CERTAIN REPORTING REQUIRE- SON) for the purpose of entering into a formed of how those expenditures are MENTS ARE MET. colloquy to try to resolve some of my monitored. ‘‘(a) PROHIBITION.—Notwithstanding any concerns. Mr. CONDIT. I thank my friend, the other provision of law, United States assist- Mr. GEJDENSON. Mr. Chairman, I gentleman from Connecticut (Mr. ance may not be provided to a foreign coun- share the concerns of my colleague and try, and contributions may not be provided GEJDENSON), for his explanation, and I to an international organization, for a fiscal friend that Congress be provided as look forward to working closely with year unless— much information as possible about him and others during the next year to ‘‘(1) such country or organization, as the U.S. foreign assistance and how it is bring about additional transparency case may be, prepares and transmits to the being spent. and accountability to the foreign aid United States a report in accordance with At the beginning of each year, the process. subsection (b); and administration sends up its congres- Mr. Chairman, I ask unanimous con- ‘‘(2) the President transmits each such re- sional presentation for foreign oper- sent to withdraw the amendment. port to the Congress. ations with the President’s annual ‘‘(b) REPORTS TO THE UNITED STATES.—A The CHAIRMAN pro tempore. Is foreign country that seeks to obtain United budget request. This booklet outlines there objection to the request of the States assistance or other international or- how the administration proposes to gentleman from California? ganization that seeks to obtain a United spend foreign aid for the upcoming There was no objection. States contribution, shall prepare and trans- year. The book lists the total amount, The CHAIRMAN pro tempore. It is mit to the United States a report that the type of aid going to particular now in order to consider amendment contains— countries, a breakdown on how that No. 29 in part B of House Report 106– ‘‘(1) the amount of each type of United money is spent and will be used for re- 235. States assistance or contribution sought; ‘‘(2) the justification for seeking each such gional stability and to open markets, AMENDMENT NO. 29 OFFERED BY MR. TRAFICANT, type of assistance or contribution; expanding U.S. exports, counter- AS MODIFIED ‘‘(3) the objectives that each such type of narcotics, et cetera., the guideline for Mr. TRAFICANT. Mr. Chairman, I assistance or contribution is intended to how it will determine whether our for- offer an amendment and ask unani- achieve; eign aid achieves its goal during that mous consent to modify amendment ‘‘(4) an estimation of the date by which— year. No. 29 pursuant to the language that ‘‘(A) the objectives of each type of assist- Throughout the year, the agency for has been given to the desk. ance or contribution will be achieved; and international development sends up to The CHAIRMAN pro tempore. The ‘‘(B) such assistance or contribution can be the Congress notification to the Hill Clerk will designate the amendment. terminated; and ‘‘(5) a commitment to provide a detailed which indicates any changes as to how The text of the amendment is as fol- accounting of how such assistance or con- foreign aid will be used and the name lows: tribution was spent. of the AID contractor if appropriate. Part B amendment No. 29 offered by Mr. ‘‘(c) DEFINITIONS.—In this section the term Mr. CONDIT. Reclaiming my time, if TRAFICANT: ‘United States assistance’ means— I may, Mr. Chairman, I am concerned Page 84, after line 16, insert the following: ‘‘(1) assistance authorized under this Act that we take every possible step to en- (a) IN GENERAL.—Funds made available for assistance for fiscal year 2000 under the For- (such as the development assistance pro- sure that any funds distributed as for- gram, the economic support fund program, eign Assistance Act of 1961, the Arms Export and the international military education and eign assistance is not misspent. I would Control Act, or any other provision of law training program) or authorized under the like to ask my colleague if he could ad- described in this Act for which amounts are African Development Foundation Act, sec- dress these concerns. authorized to be appropriated for such fiscal tion 401 of the Foreign Assistance Act of 1969 Mr. GEJDENSON. Mr. Chairman, to years, may be used for procurement outside (relating to the Inter-American Development ensure that the money is not misspent, the United States or less developed countries Foundation), or any other foreign assistance AID has personnel stationed in many only if— legislation; embassies abroad who work closely (1) such funds are used for the procurement ‘‘(2) grant, credit, or guaranty assistance of commodities or services, or defense arti- with foreign aid recipients, closely cles or defense services, produced in the under the Arms Export Control Act; monitoring the expenditure of the ‘‘(3) assistance under the Migration and country in which the assistance is to be pro- Refugee Assistance Act of 1962; or funds. vided, except that this paragraph only ap- ‘‘(4) assistance under any title of the Agri- Mr. CONDIT. Under the current law, plies if procurement in that country would cultural Trade Development and Assistance is it the understanding of the gen- cost less than procurement in the United Act of 1954.’’. tleman that in the event the U.S. for- States or less developed countries; The CHAIRMAN pro tempore. Pursu- eign aid is used for purposes other than (2) the provision of such assistance re- quires commodities or services, or defense ant to House Resolution 247, the gen- its original intent, such aid would be terminated? articles or defense services, of a type that tleman from California (Mr. CONDIT) are not produced in, the available for pur- and a Member opposed each will con- Mr. GEJDENSON. AID has the au- chase from, the United States, less developed trol 5 minutes. thority to suspend its cooperation with countries, or the country in which the assist- The Chair now recognizes the gen- an AID grant recipient should it deter- ance is to be provided; tleman from California (Mr. CONDIT). mine the money is not being used for (3) the Congress has specifically authorized Mr. CONDIT. Mr. Chairman, I yield that intended purpose. The matter will procurement outside the United States or myself such time as I may consume. then be referred to the Inspector Gen- less developed countries; or Mr. Chairman, the goal of my amend- eral. (4) the President determines on a case-by- ment is to increase the amount of in- I appreciate the gentleman raising case basis that procurement outside the United States or less developed countries formation Congress receives about how this issue, because I think there are would result in the more efficient use of the U.S. foreign assistance is being two things that are involved here. One United States foreign assistance resources. spent. Under the amendment, recipi- is, he is absolutely correct that like all (b) EXCEPTION.—Subsection (a) shall not ents of U.S. foreign aid would be re- government expenditures, the elected apply to assistance for Kosovo or the people quired to file a report with the U.S. on Members of Congress who do the work of Kosovo. the amount of money they received and on these programs need to spend more The CHAIRMAN pro tempore. The justification for this money, the objec- time and be more informed of where Clerk will report the modification. tive of the assistance, and an estimate those expenditures occur. The Clerk read as follows: H6050 CONGRESSIONAL RECORD — HOUSE July 21, 1999 Part B amendment No. 29, as modified, of- other circumstances, but the focus is The Chair recognizes the gentleman fered by Mr. TRAFICANT: very straightforward. If someone gets from Florida (Mr. STEARNS). Page 84, after line 16, insert the following: money from Uncle Sam, we do not Mr. STEARNS. Mr. Chairman, I yield TITLE VIII—LIMITATION ON PROCURE- want them buying a Japanese product. myself such time as I may consume. MENT OUTSIDE THE UNITED STATES We do not want them buying a product Mr. Chairman, my amendment is SEC. 801. LIMITATION ON PROCUREMENT OUT- from another developed country when pretty simple. I thought for the benefit SIDE THE UNITED STATES. America makes and sells that product of my colleagues I would read this to (a) IN GENERAL.—Funds made available for them. Quote, it is a sense of this Con- assistance for fiscal year 2000 under the For- at the same competitive and com- eign Assistance Act of 1961, the Arms Export parable price factor. gress that employees of the Depart- Control Act, or any other provision of law Mr. Chairman, I reserve the balance ment of State who, in the performance described in this Act for which amounts are of my time. of their duties, inform the Congress of authorized to be appropriated for such fiscal The CHAIRMAN pro tempore. Is pertinent facts concerning their re- years, may be used for procurement outside there a Member in opposition to the sponsibilities, should not, as a result, the United States or less developed countries amendment? be demoted or removed. only if— Mr. BEREUTER. Mr. Chairman, I am So I think my colleagues should real- (1) such funds are used for the procurement not in opposition, but I ask unanimous ize that this is a sense of a Congress of commodities or services, or defense arti- consent to claim the time in opposi- that is basically protecting whistle- cles or defense services, produced in the blowers. country in which the assistance is to be pro- tion. vided, except that this paragraph only ap- The CHAIRMAN pro tempore. Is In this great Nation of ours, we have plies if procurement in that country would there objection to the request of the laws to protect Federal civil servants cost less than procurement in the United gentleman from Nebraska? from political manipulation. We also States or less developed countries; There was no objection. have Federal laws to protect whistle- (2) the provision of such assistance re- Mr. BEREUTER. Mr. Chairman, I blowers who, in the performance of quires commodities or services, or defense yield myself such time as I may con- their Federal jobs, must report to Con- articles or defense services, of a type that sume. gress outside of the official channels are not produced in, and available for pur- Mr. Chairman, I just rise to say that within their bureaucracies information chase from, the United States, less developed the majority has no objection to the pertaining to their work. countries, or the country in which the assist- Now, we have seen the case of the ance is to be provided; amendment of the gentleman from (3) the Congress has specifically authorized Ohio (Mr. TRAFICANT), and we accept it. White House Travel Office, where with procurement outside the United States or Mr. TRAFICANT. Mr. Chairman, I great controversy and there was accu- less developed countries; or appreciate the support. sations. We have seen the Department (4) the President determines on a case-by- The CHAIRMAN pro tempore. The of Energy under Secretary Richardson, case basis that procurement outside the question is on the amendment, as where whistleblowers were very un- United States or less developed countries modified, offered by the gentleman comfortable and threatened. Now I would result in the more efficient use of from Ohio (Mr. TRAFICANT). think we have a case again of a dedi- United States foreign assistance resources. The amendment, as modified, was cated, honest, trustworthy civil serv- Mr. TRAFICANT (during the read- agreed to. ant who has been unfairly and illegally ing). Mr. Chairman, I ask unanimous The CHAIRMAN pro tempore. It is removed from her Federal position. consent that the modification be con- now in order to consider amendment Mr. Chairman, I am speaking of Ms. sidered as read and printed in the No. 30 printed in House Report 106–235. Linda Shenwick, a professional State RECORD. AMENDMENT NO. 30 OFFERED BY MR. STEARNS Department employee who has been The CHAIRMAN pro tempore. Is Mr. STEARNS. Mr. Chairman, I offer serving at the U.S. mission at the there objection to the request of the an amendment. United Nations since 1987. She has held gentleman from Ohio? The CHAIRMAN pro tempore. The various positions during her career at There was no objection. Clerk will designate the amendment. the United Nations while becoming a The CHAIRMAN pro tempore. Is The text of the amendment is as fol- noted budgetary expert on the United there objection to the modification of- lows: Nations finances. fered by the gentleman from Ohio (Mr. Part B amendment No. 30 offered by Mr. During her employment, Ms. TRAFICANT)? STEARNS: Shenwick has provided a valuable serv- There was no objection. Page 84, after line 16, insert the following: ice to the United States Congress by The CHAIRMAN pro tempore. Pursu- SEC. 703. SENSE OF CONGRESS RELATING TO providing to Congress information con- ant to House Resolution 247, the gen- LINDA SHENWICK. (a) FINDINGS.—The Congress makes the fol- cerning budgetary reforms at the U.N. tleman from Ohio (Mr. TRAFICANT) and lowing findings: and information about waste, fraud and a Member opposed each will control 5 (1) Linda Shenwick, an employee of the De- mismanagement there. minutes. partment of State, in the performance of her b The Chair recognizes the gentleman duties, informed the Congress of waste, 1345 from Ohio (Mr. TRAFICANT). fraud, and mismanagement at the United Na- Ms. Shenwick has been labeled as a Mr. TRAFICANT. Mr. Chairman, I tions. malcontent by the administration, es- yield myself such time as I may con- (2) Ms. Shenwick is being persecuted by pecially within the State Department, sume. Secretary of State Madeleine Albright and because of her decision to perform her Mr. Chairman, I think the most other State Department officials who have removed her from her current position at the job as she saw fit, which required her amazing thing about some of our for- United Nations and withheld her salary. to notify Congress of budgetary details eign aid is that we give money to needy (3) Ms. Shenwick was even blocked from at the U.N. and to notify Congress of countries and then these needy coun- entering her office at the United States Mis- waste, fraud, and mismanagement tries take American money and buy sion to the United Nations to retrieve her there. products and goods and services from personal effects unless accompanied by an So, in essence, Mr. Chairman, Ms. Japan and other developed nations. armed guard. Shenwick provided Congress with in- The Traficant language is straight- (b) SENSE OF CONGRESS.—It is the sense of formation that the United Nations and the Congress that employees of the Depart- forward. It says if a needy country gets ment of State who, in the performance of the administration did not want made money from Uncle Sam, they shall buy their duties, inform the Congress of perti- public. For instance, Ms. Shenwick re- that product within their own country nent facts concerning their responsibilities, ported in February of 1993 to her supe- that we are trying to help, but if they should not as a result be demoted or removed riors that she had seen pictures of do not produce that product or goods, from their current position or from Federal large amounts of U.S. currency stored they shall buy it from Uncle Sam. employment. openly on tables in Somalia. Now, it does provide for exceptions The CHAIRMAN pro tempore. Pursu- Her reports were ignored. She then on a case-by-case basis, where the ant to House Resolution 247, the gen- provided Congress with this informa- President could waive this require- tleman from Florida (Mr. STEARNS) and tion, and it later became public in ment, where the money would not be a Member opposed each will control 5 April of 1994 that $3.9 million of U.N. used efficiently or where there are minutes. cash was reported stolen in Somalia. July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6051 Now, this report and others like it tions, Ms. Shenwick has been ordered ing, oh, we have got to protect this helped Congress force the United Na- to vacate her office in New York by the woman from persecution by the Sec- tions to create an Office of Inspector close of business—she has already been retary of State. General to end such fraud and mis- told to do that—with a directed trans- First of all, I think it is nonsense management as had occurred in Soma- fer to another Department of State po- that the Secretary of State would be lia. sition. taking her time to go out and go after Between 1987 and 1994, Ms. Shenwick We believe this action is properly some staffer based on I do not know received the highest personal evalua- construed as retaliatory and in viola- what. There is no argument here that tion, employment evaluation, four tion of the Whistleblower Protection there is any personal animosity. There times and the second highest once. Her Act. Accordingly, I and many other is a debate about whether or not she job performance has not been based on Members, including the gentleman was doing her job. political consideration or political fa- from New York (Mr. GILMAN), the It seems to me that we ought to voritism. chairman of the full committee, have allow the process to go forward and In 1992, Ms. Shenwick reported that asked that she be protected and that make a determination did she or did President Bush’s ambassador to the this proceeding needs to be looked into she not do her job, did she provide false United Nations, Thomas Pickering, had much more. information, did she then end up in a misused government aircraft for per- I think the amendment of the gen- situation where she had to be removed sonal use and committed other im- tleman from Florida (Mr. STEARNS) from her job because she was not doing proper activities. certainly puts us on record as being it. When she began to report problems very much against what is happening If that is the case, my understanding at the United Nations in 1993, her em- here. is they were not ordered to go in with ployment evaluations started to turn Let me also say that she has been a uniformed and armed police to make negative and the threats that she whistleblower in a bipartisan way, this appear as some authoritarian, to- would be removed from her position bringing information to the fore that talitarian action. She simply had to be began. needs to be brought forward. escorted by another State Department Ms. Shenwick has now been forcibly One of the things that has galled me employee, without guns, without ma- removed from her position at the in 19 years as a Member of Congress— chine guns, without uniforms, to re- United States Mission. When she at- 4 years now and counting as the chair- move her from a job that she was no tempted to return to her office, she was man of the Subcommittee on Inter- longer allowed to be at. banned from entering her own office. national Operations and Human Then the State Department did not When she attempted to collect her per- Rights—is our inability to get informa- say, just because she did not do this job sonal belongings in her own office, she tion in a timely and usable form. There well, we do not believe she can ever was told that she would have to be es- is not transparency with this adminis- work again. The punishment was, most corted by uniformed and armed secu- tration. We need to have it. I think the people would be happy to get this, we rity officers. whistleblower needs to be protected are moving you to Washington to an- As of this time, she has lost her Fed- rather than retaliated and punished. other job. Oh, she says, no, no, no, no. eral position, and her attorneys have So I think the gentleman from Flor- You may be the employer. I may have notified my office that her salary has ida (Mr. STEARNS) has done a very, gotten a bad report. But I do not want been terminated. very good thing with his amendment. I to move from New York to Wash- So I ask my colleagues this after- hope everybody will support it. ington. I do not want to leave the U.N. noon, how can this happen in our great Mr. GEJDENSON. Mr. Chairman, I The gentleman from Florida (Mr. country to a civil servant who has done yield myself such time as I may con- STEARNS) rushes here to the floor, I am such a great job? sume. sure quite earnestly, with a conclusion The way she has been treated is out- Mr. Chairman, there are a significant that she is being persecuted. It seems rageous and against Federal employ- number of allegations having been to me what we ought to do is allow the ment guidelines. We have Federal laws made here, and there is a process in judicial process to come back and de- to protect whistleblowers, but some- place to adjudicate those accusations. termine whether or not there was per- how the bureaucrats at the State De- That process is presently under way. secution, whether or not she actually partment have gotten away with this The gentlewoman in question has did her job. If she did not do her job, personal vendetta against a Federal availed herself of legal counsel, and maybe then we ought to applaud the employee. It is not right. It is not fair. there is presently under consideration action. My amendment is a simple ‘‘sense of by the Office of Special Counsel, an Mr. STEARNS. Mr. Chairman, will the Congress’’ amendment that states, independent Federal agency, a review the gentleman yield? as I pointed out earlier, that this of this case. Mr. GEJDENSON. I am happy to should not occur. So I urge my col- Now, the accusations are what? That yield to the gentleman from Florida, leagues to support my sense of the Con- she is being removed from her present who I know is earnest in his desire to gress, do the right thing, add their job. It is true. She is being removed see justice served. voice of support for this great public from her present job. Why? Because she Mr. STEARNS. Mr. Chairman, this servant. got an unsatisfactory review. One of individual got one poor evaluation. But Mr. GEJDENSON. Mr. Chairman, I the charges, among others, is that her evaluations before that were out- rise in opposition to the amendment. numbers that she provided were simply standing, and one she had was the high- Mr. Chairman, I yield 2 minutes to inaccurate, that she mixed numbers est in her department. When she was the gentleman from New Jersey (Mr. that were preliminary numbers and escorted back, she said, I just want to SMITH), and I ask unanimous consent gave them as final numbers. get my picture frames. I just want to that he be allowed to control that So there is a debate here, apparently get my personal effects. Oh, no, you time. by some, whether or not this individual have got to have a security armed Mr. CHAIRMAN. Is there objection to carried out her responsibilities in a guard. the request of the gentleman from Con- proper, professional manner. What is Mr. GEJDENSON. Mr. Chairman, re- necticut? the response of Congress? It seems to claiming my time, the gentleman is There was no objection. me the response of Congress ought to right. She could go back and get what Mr. SMITH of New Jersey. Mr. Chair- be to allow the judicial process to she wanted. They simply said that a man, I thank the gentleman from Con- move forward, to allow that review so fired employee from a particular job, necticut for yielding me this time. that we have some facts. she is not being fired, she is being Mr. Chairman, I rise to express my Right now, what we have is the em- moved to another division, that want deep concern about the course of ac- ployer saying she is not doing her job, they wanted to do, for lots of security tions that appear to constitute retalia- the employee saying I am being per- and other reasons, people are often tion against Linda Shenwick. In the secuted, and we have a Member of Con- very unhappy when they lose their most recent series of questionable ac- gress rushing to the floor, several, say- jobs, was to make sure that the only H6052 CONGRESSIONAL RECORD — HOUSE July 21, 1999 thing she does is remove the items that Burton Hilleary Rogan Lowey Ose Skelton Buyer Hoekstra Rogers Luther Owens Slaughter are personally hers. They had her es- Camp Hostettler Rohrabacher Maloney (CT) Oxley Smith (WA) corted. Escorted. Perfectly within the Canady Hulshof Ros-Lehtinen Maloney (NY) Pallone Snyder rules. Cannon Hunter Ryan (WI) Markey Pascrell Souder I urge the defeat of this very bad Castle Hutchinson Ryun (KS) Martinez Pastor Spratt Chabot Isakson Sanford Mascara Payne Stabenow idea. Chambliss Istook Scarborough Matsui Pelosi Stark The CHAIRMAN pro tempore (Mr. Coble Jenkins Schaffer McCarthy (MO) Phelps Stenholm BARRETT of Nebraska). All time for de- Coburn Johnson, Sam Sensenbrenner McCarthy (NY) Pickett Strickland bate has expired. Collins Jones (NC) Sessions McCollum Pomeroy Stupak Combest Kasich Shadegg McGovern Porter Talent Mr. STEARNS. Mr. Chairman, I ask Cox King (NY) Sherwood McIntyre Portman Tauscher unanimous consent for an additional 30 Crane Largent Shimkus McKinney Price (NC) Thompson (CA) seconds. Cubin Latham Shuster McNulty Quinn Thompson (MS) Cunningham Lewis (KY) Simpson Meehan Rahall Thurman The CHAIRMAN pro tempore. Is Deal Linder Skeen Meek (FL) Rangel Tierney there objection to the request of the DeLay LoBiondo Smith (MI) Meeks (NY) Reyes Towns gentleman from Florida? DeMint Lucas (KY) Smith (NJ) Menendez Rivers Turner Mr. GEJDENSON. Mr. Chairman, I Diaz-Balart Lucas (OK) Smith (TX) Mica Rodriguez Udall (CO) Dickey Manzullo Spence Millender- Rothman Udall (NM) have to object. I think we have dis- Doolittle McCrery Stearns McDonald Roybal-Allard Velazquez cussed this matter enough. Dreier McHugh Stump Miller, George Royce Vento The CHAIRMAN pro tempore. Objec- Duncan McInnis Sununu Minge Rush Visclosky Ehrlich McIntosh Sweeney Mink Sabo Walsh tion is heard. Emerson McKeon Tancredo Moakley Salmon Waters The question is on the amendment Everett Metcalf Tanner Mollohan Sanchez Watt (NC) offered by the gentleman from Florida Fletcher Miller (FL) Tauzin Moore Sanders Waxman Foley Miller, Gary Taylor (MS) Moran (VA) Sandlin Weiner (Mr. STEARNS). Fowler Moran (KS) Taylor (NC) Morella Sawyer Weldon (PA) The question was taken; and the Franks (NJ) Myrick Terry Murtha Saxton Wexler Chairman announced that the ayes ap- Gallegly Nethercutt Thomas Nadler Schakowsky Weygand peared to have it. Gekas Northup Thornberry Napolitano Scott Whitfield Gibbons Norwood Thune Neal Serrano Wilson Mr. STEARNS. Mr. Chairman, I de- Gilchrest Nussle Tiahrt Ney Shaw Wise mand a recorded vote. Gillmor Packard Toomey Oberstar Shays Wolf The CHAIRMAN pro tempore. Pursu- Goode Paul Traficant Obey Sherman Woolsey ant to House Resolution 247, further Goodlatte Pease Upton Olver Shows Wu Goodling Peterson (MN) Vitter Ortiz Sisisky Wynn proceedings on the amendment offered Graham Petri Walden by the gentleman from Florida (Mr. Granger Pickering Wamp NOT VOTING—8 STEARNS) will be postponed. Green (WI) Pitts Watkins Archer Hyde Peterson (PA) Gutknecht Pombo Watts (OK) Ballenger Kennedy Roukema SEQUENTIAL VOTES POSTPONED IN COMMITTEE Hansen Pryce (OH) Weldon (FL) Chenoweth McDermott OF THE WHOLE Hastings (WA) Radanovich Weller The CHAIRMAN pro tempore. Pursu- Hayes Ramstad Wicker Hayworth Regula Young (AK) b 1419 ant to House Resolution 247, pro- Hefley Reynolds Young (FL) ceedings will now resume on those Herger Riley Messrs. DAVIS of Virginia, HOBSON, amendments on which further pro- Hill (MT) Roemer PORTMAN, PAYNE, HINCHEY, ceedings were postponed in the fol- FOSSELLA, INSLEE, WELDON of NOES—256 lowing order: Pennsylvania, OWENS, and MICA Part B amendment No. 26 offered by Abercrombie Danner Hilliard changed their vote from ‘‘aye’’ to ‘‘no.’’ Ackerman Davis (FL) Hinchey So the amendment was rejected. the gentleman from Pennsylvania (Mr. Allen Davis (IL) Hinojosa GOODLING) and Part B amendment No. Baird Davis (VA) Hobson The result of the vote was announced 30 offered by the gentleman from Flor- Baldacci DeFazio Hoeffel as above recorded. Baldwin DeGette Holden ANNOUNCEMENT BY THE CHAIRMAN PRO ida (Mr. STEARNS). Barcia Delahunt Holt The Chair will reduce to 5 minutes Barrett (WI) DeLauro Hooley TEMPORE the time for any electronic vote after Becerra Deutsch Horn The CHAIRMAN pro tempore (Mr. the first vote in this series. Bentsen Dicks Houghton BARRETT of Nebraska). Pursuant to Bereuter Dingell Hoyer AMENDMENT NO. 26 OFFERED BY MR. GOODLING Berkley Dixon Inslee House Resolution 247, the Chair an- The CHAIRMAN pro tempore. The Berman Doggett Jackson (IL) nounces that he will reduce to a min- Berry Dooley Jackson-Lee imum of 5 minutes the period of time pending business is the demand for a Biggert Doyle (TX) recorded vote on amendment No. 26 of- Bishop Dunn Jefferson within which a vote by electronic de- fered by the gentleman from Pennsyl- Blagojevich Edwards John vice will be taken on each amendment vania (Mr. GOODLING) on which further Blumenauer Ehlers Johnson (CT) on which the Chair has postponed fur- Boehlert Engel Johnson, E. B. ther proceedings. proceedings were postponed and on Bonior English Jones (OH) which the ayes prevailed by a voice Borski Eshoo Kanjorski AMENDMENT NO. 30 OFFERED BY MR. STEARNS vote. Boswell Etheridge Kaptur The CHAIRMAN pro tempore. The Boucher Evans Kelly The Clerk will redesignate the Boyd Ewing Kildee pending business is the demand for a amendment. Brady (PA) Farr Kilpatrick recorded vote on Amendment No. 30 of- The Clerk redesignated the amend- Brown (FL) Fattah Kind (WI) fered by the gentleman from Florida ment. Brown (OH) Filner Kingston (Mr. STEARNS) on which further pro- Callahan Forbes Kleczka RECORDED VOTE Calvert Ford Klink ceedings were postponed and on which The CHAIRMAN pro tempore. A re- Campbell Fossella Knollenberg the ayes prevailed by voice vote. Capps Frank (MA) Kolbe The Clerk will redesignate the corded vote has been demanded. Capuano Frelinghuysen Kucinich A recorded vote was ordered. Cardin Frost Kuykendall amendment. The vote was taken by electronic de- Carson Ganske LaFalce The Clerk redesignated the amend- vice, and there were—ayes 169, noes 256, Clay Gejdenson LaHood ment. Clayton Gephardt Lampson not voting 8, as follows: Clement Gilman Lantos RECORDED VOTE [Roll No. 324] Clyburn Gonzalez Larson The CHAIRMAN pro tempore. A re- Condit Gordon LaTourette corded vote has been demanded. AYES—169 Conyers Goss Lazio Aderholt Bartlett Blunt Cook Green (TX) Leach A recorded vote was ordered. Andrews Barton Boehner Cooksey Greenwood Lee The CHAIRMAN. This will be a 5- Armey Bass Bonilla Costello Gutierrez Levin minute vote. Bachus Bateman Bono Coyne Hall (OH) Lewis (CA) The vote was taken by electronic de- Baker Bilbray Brady (TX) Cramer Hall (TX) Lewis (GA) Barr Bilirakis Bryant Crowley Hastings (FL) Lipinski vice, and there were—ayes 287, noes 136, Barrett (NE) Bliley Burr Cummings Hill (IN) Lofgren not voting 10, as follows: July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6053 [Roll No. 325] NOES—136 independence in Peru and publish the find- ings; AYES—287 Ackerman Gephardt Nadler Allen Gonzalez Napolitano (3) the United States should use all avail- Abercrombie Goodlatte Peterson (MN) Baird Gordon Neal able diplomatic efforts to secure the release Aderholt Goodling Petri Baldacci Gutierrez Oberstar of Lori Berenson, an American citizen who Andrews Goss Phelps Baldwin Hall (OH) Olver was accused of being a terrorist, denied the Armey Graham Pickering Barrett (WI) Hastings (FL) Owens opportunity to defend herself of the charges, Pitts Bachus Granger Becerra Hill (IN) Pallone allowed no witnesses to speak in her defense, Baker Green (TX) Pombo Bentsen Hilliard Pascrell Ballenger Green (WI) Porter Berman Hinchey Pastor allowed no time to privately consult with Barcia Greenwood Portman Bishop Holt Payne her lawyer, and declared guilty by a hooded Barr Gutknecht Pryce (OH) Blagojevich Hooley Pelosi judge in a military court; and Barrett (NE) Hall (TX) Quinn Blumenauer Jackson (IL) Pickett (4) in deciding whether to provide eco- Bartlett Hansen Radanovich Bonior Jackson-Lee Pomeroy nomic and other forms of assistance to Peru, Barton Hastings (WA) Rahall Borski (TX) Price (NC) the United States should take into consider- Bass Hayes Ramstad Boyd Jefferson Rangel ation the willingness of Peru to assist in the Regula Brady (PA) Johnson, E. B. Rodriguez Bateman Hayworth release of Lori Berenson. Bereuter Hefley Reyes Brown (OH) Jones (OH) Rothman Berkley Herger Reynolds Capps Kaptur Roybal-Allard The CHAIRMAN pro tempore. Pursu- Berry Hill (MT) Riley Capuano Kildee Rush ant to House Resolution 247, the gen- Biggert Hinojosa Rivers Cardin Kilpatrick Sabo A Bilbray Hobson Roemer Carson Kleczka Sanchez tlewoman from California (Ms. W - Bilirakis Hoeffel Rogan Clayton LaFalce Sawyer TERS) and a Member opposed each will Bliley Hoekstra Rogers Clyburn Lampson Schakowsky control 5 minutes. Blunt Holden Rohrabacher Conyers Lantos Serrano The Chair recognizes the gentle- Boehlert Horn Ros-Lehtinen Coyne Larson Slaughter Boehner Hostettler Roukema Crowley Lee Snyder woman from California (Ms. WATERS). Bonilla Houghton Royce Cummings Levin Stabenow b 1430 Bono Hulshof Ryan (WI) Davis (FL) Lofgren Strickland Boswell Hunter Ryun (KS) Davis (IL) Lowey Stupak Ms. WATERS. Mr. Chairman, I yield Boucher Hutchinson Salmon DeGette Maloney (NY) Tauscher myself 1 minute. Brady (TX) Inslee Sanders Delahunt Martinez Thompson (CA) Brown (FL) Isakson Sandlin DeLauro Matsui Thompson (MS) Mr. Chairman, 176 Members of Con- Bryant Istook Sanford Deutsch McCarthy (MO) Towns gress have signed and joined a cam- Burr Jenkins Saxton Dicks McCarthy (NY) Turner paign for the release of Lori Berenson, Burton John Scarborough Dingell McGovern Udall (CO) a young, educated, idealistic, middle- Buyer Johnson (CT) Schaffer Dixon McNulty Velazquez Callahan Johnson, Sam Scott Dooley Meehan Vento class journalist. Calvert Jones (NC) Sensenbrenner Edwards Meeks (NY) Waters In November of 1995, Lori was ar- Camp Kanjorski Sessions Engel Menendez Watt (NC) rested as a suspected terrorist, sub- Shadegg Campbell Kasich Farr Millender- Waxman jected to a secret, hooded military tri- Canady Kelly Shaw Fattah McDonald Weiner Cannon Kind (WI) Shays Filner Miller, George Wexler bunal in which she was denied every Castle King (NY) Sherman Ford Moakley Weygand semblance of due process according to Chabot Kingston Sherwood Frank (MA) Mollohan Wilson the United States State Department, Chambliss Klink Shimkus Frost Moore Wise Clay Knollenberg Shows Gejdenson Moran (VA) Woolsey every major human rights group, and Shuster the United Nations Commission on Clement Kolbe NOT VOTING—10 Coble Kucinich Simpson Human Rights. She was convicted of Sisisky Coburn Kuykendall Archer Hyde Peterson (PA) treason and given a life sentence with- Collins LaHood Skeen Chenoweth Kennedy Young (FL) Combest Largent Skelton Hilleary McDermott out parole. Condit Latham Smith (MI) Hoyer Obey Despite President Fujimori’s promise Cook LaTourette Smith (NJ) for an open democracy when he was Smith (TX) b 1427 Cooksey Lazio elected in 1990, he annulled Peru’s con- Costello Leach Smith (WA) Messrs. EDWARDS, MEEHAN, NAD- Cox Lewis (CA) Souder stitution, dissolved the legislature, re- Cramer Lewis (GA) Spence LER, DEUTSCH, and TURNER changed moved judges and dismantled the Crane Lewis (KY) Spratt their vote from ‘‘aye’’ to ‘‘no.’’ courts in April of 1992, and he has es- Cubin Linder Stark Mrs. MEEK of Florida changed her Stearns tablished secret military trials with ju- Cunningham Lipinski vote from ‘‘no’’ to ‘‘aye’’. Danner LoBiondo Stenholm risdiction over civilians. Human rights Davis (VA) Lucas (KY) Stump So the amendment was agreed to. workers and journalists in Peru have Sununu Deal Lucas (OK) The result of the vote was announced been subjected to intimidation, death DeFazio Luther Sweeney as above recorded. Talent threats, abductions, tortures, interro- DeLay Maloney (CT) The CHAIRMAN pro tempore. It is DeMint Manzullo Tancredo gation and imprisonment by the Peru- Diaz-Balart Markey Tanner now in order to consider Amendment vian government. Dickey Mascara Tauzin No. 31 printed in Part B of House Re- On Thursday, July 1, 1999, the House Doggett McCollum Taylor (MS) port 106–235. Doolittle McCrery Taylor (NC) Committee on International Relations Doyle McHugh Terry AMENDMENT NO. 31 OFFERED BY MS. WATERS passed by voice vote H.R. 57 which ex- Dreier McInnis Thomas Ms. WATERS. Mr. Chairman, I offer Duncan McIntosh Thornberry presses concern over the interference Dunn McIntyre Thune an amendment. with freedom of the press. Ehlers McKeon Thurman The CHAIRMAN pro tempore. The Mr. Chairman, I reserve the balance Ehrlich McKinney Tiahrt Clerk will designate the amendment. of my time. Emerson Meek (FL) Tierney The text of the amendment is as fol- English Metcalf Toomey Mr. SMITH of New Jersey. Mr. Chair- Eshoo Mica Traficant lows: man, I rise in opposition to the amend- Etheridge Miller (FL) Udall (NM) Amendment No. 31 offered by Ms. WATERS: ment. Evans Miller, Gary Upton Page 84, after line 16, insert the following: The CHAIRMAN pro tempore (Mr. Everett Minge Visclosky SEC. 703. SENSE OF CONGRESS CONCERNING Ewing Mink Vitter BARRETT of Nebraska). The gentleman SUPPORT FOR DEMOCRACY IN PERU Fletcher Moran (KS) Walden from New Jersey is recognized for 5 AND THE RELEASE OF LORI Foley Morella Walsh BERENSON, AN AMERICAN CITIZEN minutes. Forbes Murtha Wamp IMPRISONED IN PERU. Mr. SMITH of New Jersey. Mr. Chair- Fossella Myrick Watkins Fowler Nethercutt Watts (OK) It is the sense of the Congress that— man, I yield myself such time as I may Franks (NJ) Ney Weldon (FL) (1) the United States should increase its consume. Frelinghuysen Northup Weldon (PA) support to democracy and human rights ac- First, I rise in reluctant opposition Weller Gallegly Norwood tivists in Peru, providing assistance with the to the amendment offered by my friend Ganske Nussle Whitfield same intensity and decisiveness with which Wicker and colleague from California. I share Gekas Ortiz it supported the pro-democracy movements Gibbons Ose Wolf in Eastern Europe during the Cold War; the Member’s concern about recent Gilchrest Oxley Wu negative trends within Peru. I have Gillmor Packard Wynn (2) the United States should complete the Gilman Paul Young (AK) review of the Department of State investiga- held hearings in my own Subcommittee Goode Pease tion of threats to press freedom and judicial on International Operations and H6054 CONGRESSIONAL RECORD — HOUSE July 21, 1999 Human Rights focusing on some of Ms. WATERS. Mr. Chairman, will the In my own way, I have worked for these those concerns with regard to human gentleman yield? ideals. In Peru, I sought to learn about and rights problems. There is a serious Mr. SMITH of New Jersey. I yield to find ways to help the most poor and op- need for increased press freedom and the gentlewoman from California. pressed people. I met with, observed, and Ms. WATERS. Mr. Chairman, first of studied these people, including their history, judicial independence in that country. their culture, their music. I also tried to ob- There is no doubt about that. I also all, let me draw the gentleman’s atten- serve how the government, the law, and the agree that the procedures used to con- tion to what the amendment actually economically powerful treated the poor. I vict Lori Berenson of aggravated ter- says: ‘‘The United States should use all was writing about what I experienced and rorism were egregious. available diplomatic efforts to secure learned and I had legitimate journalistic cre- Lori Berenson certainly deserves due the release of Lori Berenson.’’ dentials from two U.S. publications. I hoped process and to have her case tried by Mr. SMITH of New Jersey. Reclaim- to be able to help the situation of human rights and social justice for the most poor; I an open, civilian court in Peru. The ing my time, it is the release that we are talking about. I believe she needs a still believe in that, and I believe it will hap- fact that Peru discontinued its use of pen. faceless military tribunals in 1997 is a fair trial. That is where all of our dip- Certainly, I have not had real justice. I am further indictment of the process that lomatic efforts must be put. No Amer- completely innocent of the horrendous was used to convict her. ican should be immune from prosecu- charges made against me, and there could But the amendment before us calls tion of a criminal charge, but they are not be real evidence that shows such crimes. for something different than a fair trial entitled, I say to the chairman and to I hope that these details might give you a better basis to facilitate an understanding of and due process rights for Berenson. my colleagues, to a fair trial. She has not gotten it and that is where I be- my situation and, at the same time, I turn to Let me just point out that it calls for reiterate my greatest respect and admiration release. It calls for her release. I think lieve that President Fujimori has erred for your important works for the good of hu- that goes beyond what we should be completely. I happen to believe that manity. willing to do. In so doing, it implies her the tendency in Peru is towards dicta- With much respect, innocence. We should be taking no torship on the part of the President, al- LORI BERENSON. stance on the merits of the very seri- though there have been some trends U.S. SENATE, ous terrorism charges leveled against that may suggest otherwise. I would ask for a fair trial, not her Washington, DC, April 27, 1999. Ms. Berenson and we must avoid com- Hon. MADELEINE K. ALBRIGHT, menting, even implicitly, on the seri- release. I would hope—and we had asked the gentlewoman through staff Department of State, Washington, DC. ous evidence against her. To do any- DEAR MADAM SECRETARY: It has been more and through other ways to reword her thing else would denigrate the valid in- than three years since Lori Helene Berenson, amendment so we could all support it, terest of the people of Peru in com- an American citizen, was sentenced to life in asking again for due process rights to bating terrorism, which that has prison for treason by a secret Peruvian mili- be protected, not for her release. tary tribunal. A recent decision by the claimed the lives of tens of thousands Mr. Chairman, I reserve the balance United Nations High Commission on Human of Peruvian civilians during the past of my time. Rights (UNHCR) about Ms. Berenson’s case two decades. Ms. WATERS. Mr. Chairman, I yield found Peru in violation of international law, Mr. Chairman, the Tupac Amaru 1 minute to the gentlewoman from New while her deteriorating health makes atten- Revolutionary Movement, or MRTA, tion to this matter all the more urgent. York (Mrs. MALONEY) who represents On December 3, 1998, UNHCR, through its which Ms. Berenson is accused of as- Berenson’s parents. sisting, is a terrorist organization. Ac- Working Group on Arbitrary Detention, ren- Mrs. MALONEY of New York. Mr. dered its decision on Ms. Berenson’s case in cording to our State Department, it Chairman, Lori Berenson grew up in Opinion No. 26/1998. It states, ‘‘[t]he depriva- was responsible for numerous killings my district. Her parents Rhoda and tion of Lori Berenson’s liberty is arbitrary, of civilians, hundreds of violent at- Mark are living every parent’s night- as it contravenes Articles 8, 9 and 10 of the tacks and other egregious human mare, the fear that their child could be Universal Declaration of Human Rights, and rights violations in Peru during the taken from the streets of a foreign Articles 9 and 14 of the International Cov- past year. The MRTA was responsible country and thrown into jail without enant on Civil and Political Rights.’’ Peru for the siege of the Japanese ambas- American concepts of justice. voted in favor of the Universal Declaration sador’s residence in late 1996 which re- of Human Rights and has both signed and Mr. Chairman, I include for the ratified the Covenant on Civil and Political sulted in the holding of numerous hos- RECORD letters from Lori Berenson Rights. Further, the Working Group asks the tages, including over a dozen Ameri- that she was never able to present her Peruvian government ‘‘to adopt measures cans, for 5 months. Assisting such ac- point of view in trials. She says, ‘‘I was necessary to remedy the situation, in accord- tivities could merit someone a life sen- never a member of the MRTA.’’ She ance with the norms and principles enun- tence here in the United States. Again, was never given the opportunity to ciated in the Universal Declaration on she needs due process and a fair trial cross-examine witnesses against her or Human Rights and in the International Cov- and we should not comment on wheth- to provide witnesses in her support. enant on Civil and Political Rights.’’ As of er or not she is innocent or guilty. this date, Peru has not adopted any such Members of the Community of Organizations measures. Mr. Chairman, people in the United for Human Rights. During the last three years, Ms. Berenson States have the right to a fair trial and ESTEEMED MEN AND WOMEN: Through this has developed physical ailments associated an opportunity to confront their accus- communication permit me to congratulate with imprisonment at a high altitude and re- ers. I believe we must demand such you on your important work for human cently spent 115 days in solitary confine- rights. ment. Although she has been transferred to a basic rights for U.S. citizens abroad, no I would like to inform you of some details lower altitude at the Socabaya prison, Ms. matter how serious the charges may be about me and my case. against them. We must demand an As you know, I have been confined for Berenson’s health problems continue to de- open, fair trial for Lori Berenson. Un- more than two and a half years at the velop; she has numbness in both her hands and at night experiences blindness in her fortunately, this amendment does not Yanamayo maximum security military pris- on, accused of being a member of the MRTA, right eye. do that. It says in the plain text, it Many of us have previously called for an and fulfilling the sentence of life imprison- calls for her release. So I must respect- open and fair proceeding in a civilian court ment dictated by a faceless military tri- fully oppose it. for Ms. Berenson. We now believe that Ms. bunal. Let me also point out, Mr. Chairman, I have never been a member of the MRTA; Berenson’s deteriorating health warrants hu- that the human rights organizations, I have never participated in the planning of manitarian release from prison and urge you such as Amnesty International have a violent act, neither with the MRTA nor to use your authority to secure Ms. been calling for a fair trial. They have anybody else; neither have I ever promoted Berenson’s release before her health further violence, and, what is more, I do not believe deteriorates. not been calling for her release. I re- Thank you for your consideration. in violence and it would not be possible for spectfully suggest to the gentlewoman Sincerely, from California, these groups—and I me to participate in violence. I do believe in ideals of justice and equal- DANIEL PATRICK MOYNIHAN. am a great admirer of Amnesty Inter- ity; to share the ideals of a more just world JAMES M. JEFFORDS. national—have not said release her. for the poor majority does not imply that I 33 COSIGNERS OF A DEAR COLLEAGUE LETTER TO They have said she has to get a fair share in the use of violence to achieve such SECRETARY-OF-STATE ALBRIGHT trial. goals. Daniel Akaka (D–HI) July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6055 Max Baucus (D–MT) to be wrongful.’’ The finding of the United (D–SC), Stark (D–CA), Strickland (D–OH), Joseph Biden, Jr. (D–DE) Nations High Commission on Human Rights Stupak (D–MI), Talent (R–MO), Thompson, Jeff Bingaman (D–NM) is that the Peruvian government’s disregard B. (D–MS), Thompson, M. (D–CA), Tierney Barbara Boxer (D–CA) for international norms in Lori Berenson’s (D–MA), Towns (D–NY), Traficant, Jr. (D– John Breaux (D–LA) case is so egregious, relative to impartial OH), Turner (D–TX), Udall (D–CO), Under- Ben Nighthorse Campbell (R–CO) judgment, that it has resulted in the wrong- wood (D–GU), Upton (R–MI), Velazquez (D– Sue Collins (R–ME) ful arbitrary deprivation of her liberty. NY), Waters (D–CA), Watt (D–NC), Waxman Christopher Dodd (D–CT) Lack of leadership and effective action on (D–CA), Weiner (D–NY), Wexler (D–FL), Byron Dorgan (D–ND) Lori’s case could endanger U.S. citizens not Weygand (D–RI), Whitfield (R–KY), Woolsey Richard Durbin (D–IL) only in Peru, but in many other countries. It (D–CA), Wu (D–OR), Wynn (D–MD). Russell Feingold (D–WI) sends the unfortunate message that the U.S. Notes: The letter was sponsored by Rep- Dianne Feinstein (D–CA) will not act when its citizens are wrongfully resentatives C. Maloney, J. Leach, C. Tom Harkin (D–IA) imprisoned in foreign countries. In addition, Morella, and M. Waters. Representatives Daniel Inouye (D–HI) lack of strong action in this case would jeop- Hooley (D–OR), Menendez (D–NJ), Moore (D– James Jeffords (R–VT) ardize the importance of the office of United KS), and Vento (D–MN) agreed to sign post- Tim Johnson (D–SD) Nations High Commission on Human Rights deadline. Representative Frank (D–MA) de- Ted Kennedy (D–MA) and denigrate the cause of justice and human cided to write his own letter to Secretary J. Robert Kerrey (D–NE) rights throughout the world. Albright. John Kerry (D–MA) We know that you share our concern for STATEMENT ON LORI BERENSON BY NOAM Mary Landrieu (D–LA) Lori Berenson and the unjust treatment that CHOMSKY Frank Lautenberg (D–NJ) she has received, and we look forward to Patrick Leahy (D–VT) working with you to resolve her case. Lori Berenson has been subjected to a trav- Carl Levin (D–MI) Sincerely, esty of justice and a grim exercise of state terror. The victim in this case is a young Blanche Lambert Lincoln (D–AR) 176 COSIGNERS OF A DEAR COLLEAGUE LETTER North American woman of remarkable cour- Barbara Mikulski (D–MD) TO PRESIDENT CLINTON Daniel Patrick Moynihan (D–NY) age and integrity, who has chosen to accept Abercrombie (D–HI), Allen (D–ME), An- the fate of all too many others in Peru. She Patty Murray (D–WA) drews (D–NJ), Baldacci (D–ME), Baldwin (D– John D. Rockefeller IV (D–WV) is also—and not so indirectly—a victim of WI), Becerra (D–Ca), Bentsen (D–TX), Ber- Washington’s policies, in two respects: be- Paul Sarbanes (D–MD) man (D–CA), Blagojevich (D–IL), Blunt (R– Charles Schumer (D–NY) cause of its support for the Peruvian terror MO), Bonior (D–MI), Borski (D–PA), Boucher state and the conditions it imposes on its Arlen Specter (R–PA) (D–VA), Boyd (D–FL), Brady (D–PA), Brown, Robert Torricelli (D–NJ) population, and because of its evasiveness in G. (D–CA), Brown, S. (D–OH), Capps (D–CA), coming to her defense, as it can readily do, Notes: The letter was sponsored by Sen- Capuano (D–MA),Carson (D–IN), Christian- with considerable if not decisive influence. ators Jeffords and Moynihan. Senators Rick Christensen (D–VI), Clay (D–MO), Clayton Also not so indirectly, she is a victim of all Santorum (R–PA) and Paul Wellstone (D– (D–NC), Clement (D–TN), Clyburn (D–SC), of those—in all honesty, I cannot fail to in- MN) agreed to write their own letters. Conyers, Jr. (D–MI), Costello (D–IL), Crowley clude myself—who have done far too little to (D–NY), Cunningham (R–CA), Danner (D– rescue her from the suffering she has en- CONGRESS OF THE UNITED STATES, MO), Davis, D.K. (D–IL), DeFazio (D–OR), dured for her refusal to bend to the will of Washington, DC, May 31, 1999. DeGette (D–CO), Delahunt (D–MA), DeLauro state terrorist authorities. President WILLIAM JEFFERSON CLINTON, (D–CT), Deutsch (D–FL), Dicks (D–WA), Lori Berenson eminently qualifies as a The White House, Dixon (D–CA), Doyle (D–PA), Engel (D–NY), prisoner of conscience. She has rightly re- Washington, DC. English (R–PA), Eshoo (D–CA), ceived the support of the UN High Commis- DEAR PRESIDENT CLINTON: For more than Faleomavaega (D–AS), Farr (D–CA). sion on Human Rights and Amnesty Inter- three years, Lori Berenson, an American cit- Filner (D–CA), Ford, Jr. (D–TN), Franks national. With immense courage and self- izen, has been incarcerated in Peru, serving (R–NJ), Frost (D–TX), Gejdenson (D–CT), sacrifice, she is not only standing up with a life sentence after being convicted by a Gonzalez (D–TX), Goode, Jr. (D–VA), Granger honor and dignity for her own rights, but for faceless military tribunal for treason. Lori (R–TX), Greenwood (R–PA), Gutierrez (D–IL), the great number of people of Peru who are Berenson has always maintained her inno- Hall, R. (D–TX), Hall, T. (D–OH), Hastings suffering severe repression and extreme eco- cence, but she has been systematically de- (D–FL), Hinchey (D–NY), Hoeffel (D–PA), nomic hardship as a consequence of policies nied due process by Peru. We urge you to do Hoekstra (R–MI), Holden (D–PA), Holt (D– that sacrifice much of the population to the everything within your power to seek justice NJ), Horn (R–CA), Inslee (D–WA), Jackson, greed and power of small sectors of privi- in her case. Jr. (D–IL), Jackson-Lee (D–TX), Jefferson lege—in Peru itself, and in the deeply unjust Recently the United Nations High Commis- (D–LA), John (D–LA), Johnson, E.B. (D–TX), and coercive global system that has been sion on Human Rights, through its Working Johnson, N. (R–CT), Jones (D–OH), Kaptur constructed to yield such outcomes. Group on Arbitrary Detention, stated in its (D–OH), Kelly (R–NY), Kennedy (D–RI), Kil- Lori Berenson is not only a wonderful per- official Opinion 26/1998 that Lori Berenson dee (D–MI), Kilpatrick (D–MI), Kind (D–WI), son whose rights are under savage attack, has been deprived of her liberty arbitrarily King (R–NY), Kleczka (D–WI), Kuykendall but also an inspiring symbol of the aspira- and that the government of Peru is in viola- (R–CA), LaFalce (D–NY), Lampson (D–TX), tions of countless people throughout the tion of two international pacts to which it is Lantos (D–CA), Larson (D–CT), Lazio (R– world who seek a measure of the freedom and signatory—Articles 8, 9, and 10 of the Uni- NY), Leach (R–IA), Lee (D–CA), Levin (D– rights that they deserve, in a world that is versal Declaration of Human Rights and Ar- MI). more humane and more just, and that we can ticles 9 and 14 of the International Covenant Lewis (D–GA), LoBiondo (R–NJ), Lofgren help create if we are willing to devote to this on Civil and Political Rights. The Working (D–CA), Lowey (D–NY), Luther (D–MN), cause a fraction of the heroism that Lori Group has declared that Peru take all nec- Maloney, C. (D–NY), Maloney, J. (D–CT), Berenson has so impressively demonstrated essary steps to remedy Lori’s wrongful incar- Markey (D–MA), Martinez (D–CA), Matsui in her honorable and far too lonely struggle. ceration in accordance with the norms and (D–CA), McCarthy (D–NY), McGovern (D– principles enunciated in the Universal Dec- MA), McInnis (R–CO), McKinney (D–GA), [From the Jewish Week, June 25, 1999] laration of Human Rights and the Inter- McNulty (D–NY), Meehan (D–MA), Meek (D– STATEMENT ON LORI BERENSON BY RABBI national Covenant on Civil and Political FL), Meeks (D–NY), Millender-McDonald (D– MARCELO BRONSTEIN Rights. Peru has not taken steps to comply CA), Miller (D–CA), Minge (D–MN), Mink (D– On May 26, 1999 Rabbi Marcelo Bronstein, with the Commission’s ruling and, in fact, HI), Moakley (D–MA), Morella (R–MD), Mur- Temple B’nai Jeshurun in New York City, recently Lori was kept in solitary confine- tha (D–PA), Nadler (D–NY), Napolitano (D– participated in an ecumenical delegation ment for 115 days in Socabayo prison. On CA), Neal (D–MA), Oberstar (D–MN), Obey that visited Lori Berenson for one hour in March 11, 1999, the New York Times reported (D–WI), Olver (D–MA), Ose (R–CA), Owens (D– Socabaya Prison in Arequipa, Peru. The del- that an American delegation visited Lori and NY), Pallone, Jr. (D–NJ), Pascrell, Jr. (D– egation also included the Reverend Doctor found her to be in poor health. NJ), Pastor (D–AZ), Payne (D–NJ), Pelosi (D– William J. Nottingham from the Christian Members of Congress have expressed their CA), Peterson (D–MN), Porter (R–IL), Price Theological Seminary in Indianapolis and concerns about Lori’s treatment in letters to (D–NC), Pryce (R–OH), Rangel (D–NY), Sister Doctor Eileen Storey of Sisters of Peruvian President Fujimori from 20 U.S. Rodriguez (D–TX). Charity in New York City. Senators and 87 Representatives in August Rogan (R–CA), Romero-Barcelo (D–PR), The Jewish Week interviewed Rabbi 1996 and letters to Secretary Albright from Rothman (D–NJ), Roybal-Allard (D–CA), Bronstein upon his return to New York City. 55 Senators and 180 Representatives in De- Royce (R–CA), Rush (D–IL), Sabo (D–MN), The newspaper reported the following: ‘‘The cember 1997. It is time for stronger action. Sanchez (D–CA), Sanders (I–VT), Sandlin (D– delegation met with Berenson, 29, in a room Title 22 U.S.C. Section 1732 directs the TX), Schakowsky (D–IL), Serrano (D–NY), with guards outside the open door. She de- President to take all necessary steps, short Shays (R–CT), Sherman (D–CA), Sherwood clared her innocence and the difficulties of of going to war, to secure the release of an (R–PA), Shows (D–MS), Slaughter (D–NY), solitary confinement. They spoke about the incarcerated American citizen ‘‘if it appears Smith (D–WA), Snyder (D–AR), Spratt, Jr. future, her faith, and her health.’’ H6056 CONGRESSIONAL RECORD — HOUSE July 21, 1999 The following are the four quotes attrib- ican citizen, Lori Berenson, who was Ms. WATERS. Mr. Chairman, I would uted to Rabbi Bronstein: convicted of involvement with terrorist like to make an inquiry of whether or ‘‘I would like to say that Lori is a person groups after a trial before hooded mili- not I get the last speaker on this with the right values at the wrong place and the wrong time, values of justice, caring.’’ tary judges in which there was no due amendment. I think the gentleman ‘‘I didn’t find a drop of bitterness or anger, process whatever. We have asked the from New Jersey has 1 minute left. just lots of pain and sorrow.’’ Peruvian government to give her a fair The CHAIRMAN pro tempore. The ‘‘She is thirsty to know what’s going on in civilian trial. President Fujimori him- gentleman from New Jersey (Mr. the world. She feels useless.’’ self has publicly refused. SMITH) has the right to close. ‘‘I am very worried about Lori’s spiritual Now it is time to do something about Ms. WATERS. Mr. Chairman, I yield and psychological health.’’ this. If Lori Berenson is not going to 1 minute to the gentlewoman from There are further press reports from get a fair trial, and she is not, then she Maryland (Mrs. MORELLA), a signatory Fujimori where he announced that he deserves to be set free. That is what we to the May 31 letter. would not respect the organization of would do here for people who are tried Mrs. MORELLA. Mr. Chairman, I rise Americans decision on Lori’s appeal re- unfairly, and we have no right letting a in support of the Waters sense of Con- gardless of the outcome. For years I foreign government get away with less gress amendment. have tried to get a fair trial. Hundreds when Americans are involved. We have heard about the Lori of my colleagues have joined me in ap- The Waters amendment is about Berenson case, an American citizen un- pealing for a fair trial. This has been whether Americans overseas should get justly imprisoned in Peru on charges of denied. fair trials when they are arrested and treason. The first problem is, how can I went to see Lori. I went to see her whether we believe the rule of law and one commit treason against a country in prison in November of 1997. She has due process are important. They of which one is not a citizen? permanent laryngitis. Her eyesight is should, and they are. Join me in sup- Furthermore, Lori’s trial was com- failing. She is suffering. I ask my col- porting fairness for our citizens, due pletely lacking in due process. She was leagues to support this resolution, and process and the rule of law. Vote for tried in a military court by a faceless I personally support release on human- the Waters amendment. judge. She never received written no- itarian grounds. Ms. WATERS. Mr. Chairman, I yield tice of the charges against her. She had Ms. WATERS. Mr. Chairman, I yield such time as he may consume to the only limited access to an attorney. She 1 minute to the gentleman from Massa- gentleman from New York (Mr. HIN- was not informed of the evidence chusetts (Mr. MCGOVERN). CHEY). against her, nor did she have the oppor- Mr. MCGOVERN. Mr. Chairman, I (Mr. HINCHEY asked and was given tunity to cross-examine witnesses. She rise in strong support of the Waters permission to revise and extend his re- has been sentenced to life in prison amendment. marks.) under conditions which are cruel and The Lori Berenson case illustrates Mr. HINCHEY. Mr. Chairman, I rise inhumane. the history of judicial abuse in Peru. A to express my support for this amend- Our State Department has criticized closed military tribunal, a hooded ment. these military tribunals. The U.N. judge, no legal counsel, no right to de- Ms. WATERS. Mr. Chairman, I yield Human Rights Commission has judged fend oneself, and a masked man hold- such time as he may consume to the her case to be one of arbitrary deten- ing a gun to Lori’s head throughout the gentleman from Massachusetts (Mr. tion. In a similar case involving four proceeding. But this is a reality experi- DELAHUNT). Chileans, the Inter-American Court on enced by hundreds of Peruvians. (Mr. DELAHUNT asked and was Human Rights called for a new trial, While closed military tribunals have given permission to revise and extend but Peru did not accept that. now been abolished in Peru, hundreds his remarks.) Mr. Chairman, the Peruvian govern- of individuals are serving life sentences Mr. DELAHUNT. Mr. Chairman, I ment should provide Lori and all oth- like Lori Berenson because of the judg- rise in support of the gentlewoman ers unjustly imprisoned a fair trial ments rendered by these tribunals. In from California’s amendment. with due process. If Lima is unwilling addition, even the State Department Ms. WATERS. Mr. Chairman, I yield to do so, then Lori should be released concludes that it is still impossible to such time as she may consume to the and deported. receive a fair trial, to undergo a just gentlewoman from Florida (Mrs. Mr. SMITH of New Jersey. Mr. Chair- process in Peru’s current judicial sys- MEEK). man, I yield myself the balance of my tem. So asking for a new trial in Lori’s (Mrs. MEEK of Florida asked and was time. case is very problematic, because it is given permission to revise and extend Just let me make a couple of points. impossible to get a fair trial in Peru her remarks.) In reading over this amendment again, today. Mrs. MEEK of Florida. Mr. Chair- I have great empathy for it. I have had Over the past 2 years, years during man, I rise to strongly support the Wa- hearings in my subcommittee about which Lori Berenson has been impris- ters amendment for fairness and jus- human rights abuses and have gone oned, the U.S. has given to Peru over tice. down to Lima, Peru to meet with $300 million in economic and military Ms. WATERS. Mr. Chairman, I yield President Fujimori to express my own aid. During that same period, the U.S. such time as she may consume to the concerns, especially in light of the sent over $23 million in additional mili- gentlewoman from North Carolina ‘‘Fuji coup’’ that took place some tary counternarcotics aid. I think we (Mrs. CLAYTON). years back. But again my position have some leverage with Peru and I (Mrs. CLAYTON asked and was given comports with that of the administra- think it is time we used it. On behalf of permission to revise and extend her re- tion and the State Department. And Lori Berenson and all Peruvians who marks.) the human rights organizations like have been victims of human rights Mrs. CLAYTON. Mr. Chairman, I rise Amnesty International, are not saying abuses by the Peruvian government, in support of the Waters amendment release her, they are saying give her a military and courts, I urge my col- and say that this is the right thing to fair trial. I think that is where our ef- leagues to support the Waters amend- do, it is the fair thing to do, and I forts ought to be put. We do not have ment. think our colleagues know we must do the capability or the competence or the Ms. WATERS. Mr. Chairman, I yield this. information—because I have looked at 1 minute to the gentlewoman from Ms. WATERS. Mr. Chairman, I yield the reams of information—to make a Georgia (Ms. MCKINNEY), ranking mem- such time as he may consume to the definitive decision as to whether or not ber of the Subcommittee on Inter- gentleman from New York (Mr. ACKER- she should be freed. national Operations and Human Rights MAN). b of the Committee on International Re- (Mr. ACKERMAN asked and was 1445 lations. given permission to revise and extend There are very serious charges of ter- Ms. MCKINNEY. Mr. Chairman, the his remarks.) rorism with a group that has a des- most important part of this amend- Mr. ACKERMAN. Mr. Chairman, I picable track record on the use of vio- ment calls for the release of an Amer- rise in opposition to the amendment. lence against individuals and innocent July 21, 1999 CONGRESSIONAL RECORD — HOUSE H6057 people. Whether or not she is a part of Mr. SMITH of New Jersey. This is ex- not a de facto exoneration by the Con- it, I do not know, but there are serious actly why the attempt has to be at the gress or the House of Representatives allegations. She was given a sham highest levels of our government, going of the United States, and I think we err trial, no doubt about it. right to the President of the United seriously if we make a decision not I would be willing to ask unanimous States, who needs to make this a major knowing, and Members will be walking consent, if the gentlewoman would issue—that she be given a fair trial. in that door voting based on a handout change the wording in her amendment That goes for all of us. To date, it has in some cases or just a scintilla of from ‘‘the release of’’ Lori Berenson to not been a major issue. knowledge. We need to know the real ‘‘a fair trial for’’ Lori Berenson. We Ms. WATERS. Reclaiming my time, facts which are voluminous about this could all support that amendment. we have asked Fujimori over and over case. But again, to say we should release and over again. He has denied us. This Mr. GEJDENSON. Mr. Chairman, will somebody? is an American young woman that is the gentleman yield? Mr. Chairman, I would ask unani- sitting up there in the Andes who is Mr. SMITH of New Jersey. I yield to mous consent if the gentlewoman could freezing to death, who is losing her the gentleman from Connecticut. accept that kind of change in the voice, who is getting crippled from ar- Mr. GEJDENSON. Mr. Chairman, I amendment. thritis. This is an American child. think all sides here are genuine in the The CHAIRMAN. Is there objection Mrs. MALONEY of New York. Mr. desire to come to agreement, and to the request of the gentleman from Chairman, will the gentlewoman yield? might I make this suggestion? New Jersey? Ms. WATERS. I yield to the gentle- I think the gentlewoman from Cali- Ms. WATERS. Reserving the right to woman from New York. fornia is concerned that there is no object, Mr. Chairman, I would like for Mrs. MALONEY of New York. And structure that could guarantee a free the gentleman from New Jersey to re- now he would not respect the organiza- trial, and what I would ask is unani- state his request. tion of American decision on Lori’s ap- mous consent if the gentlewoman from Mr. SMITH of New Jersey. Mr. Chair- peal regardless of the outcome. What California (Ms. WATERS) and the gen- man, on Line 17, where it says ‘‘to se- does that tell us? They are not going to tleman from New Jersey (Mr. SMITH) cure the release of Lori Berenson,’’ to give her a fair trial. Even if she wins in could be given a moment to see if they strike ‘‘the release of’’ and put ‘‘a fair the OAA, they are saying no. can work out some agreed upon lan- trial for’’ Lori Berenson, and also on The CHAIRMAN pro tempore. The guage that would be based on the prin- Page 2, Line 6, just so it is internally time of the gentlewoman from Cali- ciple that if a fair trial could be guar- consistent, ‘‘to assist in providing a fornia (Ms. WATERS) has expired. anteed, if Mr. Fujimori were to step fair trial for.’’ And then I hope we Ms. WATERS. Mr. Chairman, I ask down tomorrow, if there was a new would be unanimous, because I do be- unanimous consent for 2 more minutes election, if there was a free and fair ju- lieve it was a sham trial, as I said to for this debate, 1 minute on each side. dicial process established, then we the gentlewoman. My subcommittee The CHAIRMAN pro tempore. Is would see a fair trial. If we cannot have has looked into it. We think it is awful. there objection to the request of the that, they ought to release her. The CHAIRMAN pro tempore. The Her due process rights were trashed. gentlewoman from California? time of the gentleman from New Jersey But if indeed we are talking about a There was no objection. (Mr. SMITH) has expired. situation where she may have been in- The CHAIRMAN pro tempore. The gentleman from New Jersey (Mr. Mr. GEJDENSON. Mr. Chairman, I volved with this, that is something ask unanimous consent for another that a fair trial has to adjudicate. SMITH) is recognized for 1 minute. Mr. SMITH of New Jersey. Mr. Chair- minute on each side. PARLIAMENTARY INQUIRY man, again I think it is unfortunate The CHAIRMAN pro tempore. Is Ms. WATERS. Parliamentary in- that the gentlewoman from California there objection to the request of the quiry, Mr. Chairman. cannot accept a fair trial language in gentleman from Connecticut? The CHAIRMAN pro tempore. The place of the release of. There was no objection. gentlewoman will state her inquiry. I think it will be very wrong, I would Mr. GEJDENSON. Mr. Chairman, I Ms. WATERS. Mr. Chairman, do I say to my colleagues, if all of us went ask unanimous consent if we would need unanimous consent for 1 minute on record saying that this lady, and she pass over this for a moment, go to the in order to respond to the request that may be innocent, we do not know. I be- next amendment, give these two folks, is being made by the gentleman? lieve we have to be honest enough to who I think are both intent on achiev- The CHAIRMAN pro tempore. Per- say that the charges, and I have ing justice, an opportunity to sit down haps the gentlewoman from California checked with the human rights groups, and see if they can work something would care to ask unanimous consent they are in doubt as to her innocence, out. They may not be able to. Then we to proceed with debate time for 1 and that is to leading groups. would come back and conclude and add minute on each side. Mr. GEJDENSON. Mr. Chairman, will this to the voting list in the regular Ms. WATERS. Yes, Mr. Chairman. the gentleman yield? order. The CHAIRMAN pro tempore. Is Mr. SMITH of New Jersey. I yield to The CHAIRMAN pro tempore. Is there objection to the request of the the gentleman from Connecticut. there objection to the request of the gentlewoman from California? Mr. GEJDENSON. Mr. Chairman, I gentleman from Connecticut? There was no objection. ask unanimous consent for 2 additional Mr. SMITH of New Jersey. Mr. Chair- Ms. WATERS. Mr. Speaker, I would minutes, one on each side. man, I think the gentleman from Con- like very much to be able to comply The CHAIRMAN pro tempore. Is necticut makes a very helpful sugges- with the request that the gentleman is there objection to the request of the tion. I would hope that the gentle- making, however when the gentleman gentleman from Connecticut? woman from California would agree to asked us who are working so hard for There was no objection. that, and that would require us pro- fairness for this young lady to be put Mr. SMITH of New Jersey. Reclaim- ceeding out of order. back in the hands of Fujimori who has ing my time just briefly, and then I A unanimous consent would be pro- dismantled his government, who has will be happy. posed to let the gentleman from Cali- opted out of human rights, the Inter- As my colleagues know, the charges fornia (Mr. BILBRAY) proceed while we national Human Rights Commission, are that she was planning on blowing discuss, and hopefully we can come to who in no way is committed to democ- up the Peruvian Congress. Now I do not language that will send the message to racy, who is threatening lives, who is know if that is true or not, but we the Peruvian government, to Fujimori, intimidating, how then does my col- know how seriously we take those acts that we are united, that she has been league expect her to get a fair trial of violence that are committed on our denied her due process rights, and I from an unfair dictator? own Congress, killing of our two police- mean we all want justice. I do not Mr. SMITH of New Jersey. Mr. Chair- men which we so rightfully honored know if exoneration, release is justice. man, will the gentlewoman yield? yesterday. It may be; I do not know. I have looked Ms. WATERS. I yield to the gen- This lady may be completely inno- at the case. If I were a jury, I would tleman from New Jersey. cent. What she deserves is a fair trial, want to know a lot more. H6058 CONGRESSIONAL RECORD — HOUSE July 21, 1999 So I would hope that we can do what just say to my friend we could move to XVIII, the Chair declares the House in the gentleman from Connecticut has rise, and it will take all of 30 seconds the Committee of the Whole House on suggested. to do it in the full House and then go the State of the Union for the further The CHAIRMAN pro tempore. Would right back. consideration of the bill, H.R. 2415. the gentlewoman from California be Mr. GEJDENSON. We achieve the willing to withdraw her amendment same goal, and I think my colleagues b 1458 momentarily in order to accommodate could sit down. Either way we get the the suggestion made by the ranking same result. IN THE COMMITTEE OF THE WHOLE Mr. SMITH of New Jersey. I am not member? Accordingly, the House resolved Ms. WATERS. Following the 1 sure if the gentlewoman is willing. itself into the Committee of the Whole minute of the 2 minutes which were Mr. ACKERMAN. Mr. Chairman, I House on the State of the Union for the granted for the extension of the debate, move to table this amendment with the further consideration of the bill (H.R. I would be willing to do that. But for understanding that it would be 2415) to enhance security of United the 1 minute that is still left in this de- untabled at the appropriate time. bate I would respectfully like to take The CHAIRMAN pro tempore. In States missions and personnel over- that at this time, Mr. Chairman. Committee of the Whole the motion to seas, to authorize appropriations for The CHAIRMAN pro tempore. The table is not in order. the Department of State for fiscal year gentlewoman from California is recog- All time is expired. 2000, and for other purposes, with Mr. nized. Mr. SMITH of New Jersey. Mr. Chair- BARRETT of Nebraska (Chairman pro Ms. WATERS. Mr. Chairman, Lori man, for purposes of working this out, tempore) in the chair. I move that the Committee do now Berenson has been in prison for 31⁄2 The Clerk read the title of the bill. rise. years. She was tried by a military tri- The CHAIRMAN pro tempore. When bunal that was hooded. She did not re- The motion was agreed to. Accordingly, the Committee rose; the Committee of the Whole rose ear- ceive any justice. Does not the time and the Speaker pro tempore (Mr. lier today, the amendment offered by served count for anything? Or are we to KINGSTON) having assumed the chair, the gentlewoman from California (Ms. believe that Fujimori, who has said to Mr. BARRETT of Nebraska, Chairman WATERS) had been withdrawn. us by way of communication in a letter pro tempore of the Committee of the and otherwise to everybody who has at- It is now in order to consider amend- Whole House on the State of the Union, tempted diplomatic relations with him ment No. 33 printed in Part B of House reported that that Committee, having that he will not release her, are we to Report 106–235. had under consideration the bill (H.R. believe that this man is capable of giv- 2415) to enhance security of United AMENDMENT NO. 33 OFFERED BY MR. BILBRAY ing her a fair trial? Do we not care that States missions and personnel over- Mr. BILBRAY. Mr. Chairman, I offer she may die up in the Andes, a young seas, to authorize appropriations for an amendment. woman who is an idealistic journalist the Department of State for fiscal year who thinks she is working for the The CHAIRMAN pro tempore. The 2000, and for other purposes, had come rights, human rights, of individuals? Clerk will designate the amendment. to no resolution thereon. Does she deserve to be treated this The text of the amendment is as fol- f way? lows: My colleague has admitted that he MESSAGE FROM THE PRESIDENT Part B Amendment No. 33 offered by Mr. does not know if she is innocent or not, A message in writing from the Presi- BILBRAY: but how can he be comfortable not dent of the United States was commu- Page 84, after line 16, insert the following: being sure that she is guilty of a crime, nicated to the House by Mr. Sherman that she continues to serve even be- SEC. 703. SENSE OF CONGRESS REGARDING SEW- Williams, one of his secretaries. AGE TREATMENT ALONG THE BOR- yond this 31⁄2 years? f DER BETWEEN THE UNITED STATES She has said she is not a terrorist, AND MEXICO. she does not belong to that terrorist MAKING IN ORDER CONSIDER- organization, and the international (a) FINDINGS.— ATION OF WATERS AMENDMENT (1) The Congress finds that it must take human rights committees are not de- NO. 31 AFTER BILBRAY AMEND- action to address the comprehensive treat- manding a fair trial of Fujimori. They MENT NO. 33 DURING FURTHER ment of sewage emanating from the Tijuana are demanding her release. CONSIDERATION IN THE COM- River, so as to eliminate river and ocean pol- This statement, this amendment that MITTEE OF THE WHOLE OF H.R. lution in the San Diego border region. I have, is an amendment that asks the 2415, AMERICAN EMBASSY SECU- (2) Congress bases this finding on the fol- State Department to use all of its dip- RITY ACT OF 1999 lowing factors: lomatic relations for the release of her. (A) The San Diego border region is ad- Mr. SMITH of New Jersey. Mr. versely impacted from cross border raw sew- That does not dictate how that is done, Speaker, I ask unanimous consent to but it simply says that the Congress of age flows that effect the health and safety of proceed out of order and to proceed di- citizens in the United States and Mexico and the United States is interested in them rectly to the Bilbray amendment when the environment. being about the business of showing we return to the Committee of the (B) The United States and Mexico have some care and concern about an Amer- Whole House and then, after that agreed pursuant to the Treaty for the Utili- ican citizen who has been imprisoned point, to return to the amendment zation of Waters of the Colorado and Tijuana unfairly and unjustly over in Peru by a from the gentlewoman from California Rivers and of the Rio Grande, dated Feb- ruary 3, 1944, ‘‘to give preferential attention dictator. (Ms. WATERS). Mr. GEJDENSON. Mr. Chairman, will to the solution of all border sanitation prob- The SPEAKER pro tempore. Does the lems’’. the gentleman yield? gentleman ask for unanimous consent Mr. SMITH of New Jersey. I yield to (C) The United States and Mexico recog- to return to the Waters amendment to nize the need for utilization of reclaimed the gentleman from Connecticut. be reoffered after the Bilbray amend- water to supply the growing needs of the Mr. GEJDENSON. Mr. Chairman, I ment in Committee of the Whole? City of Tijuana, Republic of Mexico, and the have just been informed by the Parlia- Mr. SMITH of New Jersey. That is entire border region. mentarian that we would have to go to correct, Mr. Speaker. (D) Current legislative authority limits the the full House. So what I would suggest The SPEAKER pro tempore. Is there scope of proposed treatment options in a way at this stage is that the gentlewoman objection to the request of the gen- that prevents a comprehensive plan to ad- and gentleman sit down and work it tleman from New Jersey? dress the volume of cross border raw sewage out. If they cannot work it out, we go There was no objection. flows and the effective utilization of rec- right to the vote in the appropriate lamation opportunities. f (E) This section encourages action to ad- order. If they can work it out, we dress the comprehensive treatment of sewage would include the new language in the AMERICAN EMBASSY SECURITY ACT OF 1999 emanating from the Tijuana River, so as to en bloc amendment at the end. eliminate river and ocean pollution in the Mr. SMITH of New Jersey. Reclaim- The SPEAKER pro tempore. Pursu- San Diego border region, and to exploit ef- ing my time, Mr. Chairman, I would ant to House Resolution 247 and rule fective reclamation opportunities.